Converging Trajectories: Interest Convergence, Justice Kennedy, And Jeannie Suk's "The Trajectory Of Trauma",
2010
University of Colorado Law School
Converging Trajectories: Interest Convergence, Justice Kennedy, And Jeannie Suk's "The Trajectory Of Trauma", Jennifer S. Hendricks
Publications
This essay responds to Jeannie Suk's recent article in the Columbia Law Review, The Trajectory of Trauma: Bodies and Minds of Abortion Discourse. Suk argues that feminists are responsible for legitimizing a paternalistic attitude towards women that came home to roost in Gonzales v. Carhart. This essay argues that Suk's critique of feminist paternalism needs to be supplemented with a discussion of traditional paternalism and its influence on how feminist advocacy enters the law. In particular, it suggests that Derrick Bell's theory of interest convergence provides a useful framework for understanding the cultural, legal, and rhetorical evidence adduced …
Provoking Change: Comparative Insights On Feminist Homicide Law Reform,
2010
University of Colorado Law School
Provoking Change: Comparative Insights On Feminist Homicide Law Reform, Carolyn B. Ramsey
Publications
The provocation defense, which mitigates murder to manslaughter for killings perpetrated in the heat of passion, is one of the most controversial doctrines in the criminal law because of its perceived gender bias; yet most American scholars and lawmakers have not recommended that it be abolished. This Article analyzes trendsetting feminist homicide law reforms, including the abolition of the provocation defense in three Australian jurisdictions, places these reforms in historical context, and assesses their applicability to the United States. It ultimately advocates reintroducing the concept of justified emotion, grounded in modern equality principles and social values, as a requirement for …
Gender, Law, And Detention Policy: Unexpected Effects On The Most Vulnerable Immigrants,
2010
Southern Methodist University, Dedman School of Law
Gender, Law, And Detention Policy: Unexpected Effects On The Most Vulnerable Immigrants, Carla L. Reyes
Faculty Journal Articles and Book Chapters
The United States immigration system is especially difficult for children to navigate. Advocates commonly argue that this difficulty stems largely from the poor fit resulting from the application of a system designed for adults to the reality of the child immigrant experience. Advocacy efforts, including those that resulted in changes to detention policy and substantive immigration law regarding Unaccompanied Alien Children (UAC), therefore focus on modifying the system to recognize children as subjects, rather than objects, of immigration law. This article argues that the present efforts to streamline the immigration detention and relief experience for UACs by combating adult-centered bias …
Pregnancy, Work, And The Promise Of Equal Citizenship,
2010
Southern Methodist University, Dedman School of Law
Pregnancy, Work, And The Promise Of Equal Citizenship, Joanna L. Grossman
Faculty Journal Articles and Book Chapters
No abstract provided.
Go West Young Woman!: The Mercer Girls And Legal Historiography,
2010
Boston University
Go West Young Woman!: The Mercer Girls And Legal Historiography, Kristin Collins
Faculty Scholarship
This essay is a response to Professor Kerry Abrams’s article The Hidden Dimension of Nineteenth-Century Immigration Law, published in Vanderbilt Law Review. The Hidden Dimension tells the story of Washington Territory’s entrepreneurial Asa Shinn Mercer, who endeavored to bring hundreds of young women from the East Coast to the tiny frontier town of Seattle as prospective brides for white men who had settled there. Abrams locates the story of the Mercer Girls, as they were called, in the history of American immigration law. My response locates The Hidden Dimension in American legal historiography, both that branch of American legal historiography …
Sex Representation On The Bench: Legitimacy And International Criminal Courts,
2010
University of Baltimore School of Law
Sex Representation On The Bench: Legitimacy And International Criminal Courts, Nienke Grossman
All Faculty Scholarship
This essay examines the relationship between legitimacy and the presence of both male and female judges on international criminal court benches. It argues that sex representation – an approximate reflection of the ratio of the sexes in the general population – on the bench is an important contributor to legitimacy of international criminal courts. First, it proposes that sex representation affects normative legitimacy because men and women bring different perspectives to judging. Consequently, without both sexes, adjudication is inherently biased. Second, even if one rejects the proposition that men and women "think differently", sex representation affects sociological legitimacy because sex …
Balancing Liberty, Dignity And Safety: The Impact Of Domestic Violence Lethality Screening,
2010
University of Baltimore School of Law
Balancing Liberty, Dignity And Safety: The Impact Of Domestic Violence Lethality Screening, Margaret E. Johnson
All Faculty Scholarship
This Article undertakes the first ever analysis of the consequences of the justice and legal system’s extensive use of lethality assessment tools for women subjected to abuse. An increasing number of states are now requiring their police, prosecutors, civil attorneys, advocates, service providers, and court personnel to assess women in order to obtain a score that indicates the woman’s lethality risk because of domestic violence. The mandated danger assessment screen of all women subjected to violence focuses only on the risk of homicide and thereby limits the definition of what is domestic violence. In addition, the accompanying protocol for the …
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 16, Iss. 2,
2010
Yeshiva University, Cardozo School of Law
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 16, Iss. 2
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Annotated Legal Bibliography On Gender,
2010
Yeshiva University, Cardozo School of Law
Annotated Legal Bibliography On Gender
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 16, Iss. 3,
2010
Yeshiva University, Cardozo School of Law
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 16, Iss. 3
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
In The Manner Prescribed By The State: Potential Challenges To State-Enforced Hospital Limitations On Childbirth Options,
2010
United States District Court for the Northern District of Illinois
In The Manner Prescribed By The State: Potential Challenges To State-Enforced Hospital Limitations On Childbirth Options, Krista Stone-Manista
Cardozo Journal of Equal Rights & Social Justice
The article argues that hospital bans on vaginal births after cesarean (VBAC) infringe upon women's legal and constitutional rights, violating principles of autonomy and equality. These bans are not only medically unnecessary but also undermine international human rights standards that protect women's decisional autonomy in healthcare. The analysis posits that such bans discriminate against women and set a dangerous precedent for state and medical control over women's bodies during pregnancy.
Barriers To Financing: Is European Union Indirect Discrimination Law The Answer For Female Entrepreneurs?,
2010
Benjamin N. Cardozo School of Law
Barriers To Financing: Is European Union Indirect Discrimination Law The Answer For Female Entrepreneurs?, Adam G. Panopoulos
Cardozo Journal of Equal Rights & Social Justice
The note explores whether European Union indirect discrimination law, particularly Directive 2004/113/EC, can address the barriers female entrepreneurs face in accessing financing. It examines the application of indirect discrimination principles to financial services, analyzing ECJ case law and advocating for the integration of gender mainstreaming to enhance gender equality in entrepreneurship.
Sacred: Religion, Sexuality, And The Law,
2010
Yeshiva University, Cardozo School of Law
Sacred: Religion, Sexuality, And The Law
Cardozo Journal of Equal Rights & Social Justice
Symposium: Sacred: Religion, Sexuality, and the Law (February 9, 2010)
Annotated Legal Bibliography On Gender,
2010
Yeshiva University, Cardozo School of Law
Annotated Legal Bibliography On Gender
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Masthead, Cardozo Journal Of Law & Gender, Vol. 17 (2010–11),
2010
Yeshiva University, Cardozo School of Law
Masthead, Cardozo Journal Of Law & Gender, Vol. 17 (2010–11)
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 17, Iss. 1,
2010
Yeshiva University, Cardozo School of Law
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 17, Iss. 1
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Sharing The Stage: Using Title Vii To End Discrimination Against Female Playwrights On Broadway,
2010
Benjamin N. Cardozo School of Law
Sharing The Stage: Using Title Vii To End Discrimination Against Female Playwrights On Broadway, Marisa Rothstein
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Annotated Legal Bibliography On Gender,
2010
Yeshiva University, Cardozo School of Law
Annotated Legal Bibliography On Gender
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Conference: She Can Do No Wrong: Recent Failures In America's Immigration Courts To Provide Women Asylum From Honor Crimes Abroad,
2010
American University Washington College of Law
Conference: She Can Do No Wrong: Recent Failures In America's Immigration Courts To Provide Women Asylum From Honor Crimes Abroad, Shira T. Shapiro
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Regulating Polygamy: Intimacy, Default Rules, And Bargaining For Equality,
2010
Washington University in St. Louis School of Law
Regulating Polygamy: Intimacy, Default Rules, And Bargaining For Equality, Adrienne D. Davis
Scholarship@WashULaw
Most legal scholarship about polygamy has approached it in one of two ways. Some have framed it as a question of how far constitutional protection for religious freedom and privacy rights extends, including what we might think of as “intimacy liberty,” particularly in light of Lawrence v. Texas. Others have debated decriminalization, based on the contested effects of polygamy on matters ranging from women’s subordination to fraudulent behavior to democracy. This Essay shifts attention from the constitutionality and decriminalization debates to a new set of questions: whether and how polygamy might be effectively recognized and regulated, consistent with contemporary social …
