When The Victim Is Male: An Organizational Approach To Combat Gender Bias Within The Criminal Justice System,
2023
Lipscomb University
When The Victim Is Male: An Organizational Approach To Combat Gender Bias Within The Criminal Justice System, Shelby Hobbs
Senior Capstone Papers
The National Intimate Partner and Sexual Violence Survey estimates that over 226.1 million people have been victims of domestic violence (DV) throughout their lifetimes. This violence can present itself in physical abuse or emotional turmoil, all with the ultimate goal of a perpetrator maintaining power over their victim(s). Rates of victimization across men and women are similar—44.2% and 47.3% respectively; however, this is not reflected in the current research and service provisions for victims. For example, male-identifying victims within the criminal justice system have reported their innocence must be proved before their claims of abuse are taken seriously, and that …
Gender Registration And International Law: Are Gender Markers Necessary?,
2023
Benjamin N. Cardozo School of Law
Gender Registration And International Law: Are Gender Markers Necessary?, Mika D'Angelo
Cardozo International & Comparative Law Review
The note critically examines the necessity and implications of gender markers on identification documents under international law, arguing that current practices disproportionately burden transgender and gender-diverse individuals. It contends that the registration of gender often fails to align with international human rights standards, perpetuating discrimination and administrative violence. The analysis advocates for a reevaluation of gender registration to ensure it respects self-determination and privacy rights while addressing practical concerns.
Lipstick & The Law: An Exploration Of The American And French Statutory Protections Against Makeup Mandates In The Workplace,
2023
Benjamin N. Cardozo School of Law
Lipstick & The Law: An Exploration Of The American And French Statutory Protections Against Makeup Mandates In The Workplace, Kira Dennis
Cardozo International & Comparative Law Review
The note argues that the U.S. legal system, particularly Title VII, fails to adequately protect employees from discrimination based on physical appearance, such as grooming policies. It advocates for adopting a framework similar to France's DDD, which offers more comprehensive protections, to address these gaps and promote gender equality.
An Examination Of U.S. And U.K. Procedures Governing Sexual Misconduct Investigations In Universities,
2023
Benjamin N. Cardozo School of Law
An Examination Of U.S. And U.K. Procedures Governing Sexual Misconduct Investigations In Universities, Marc Siegel
Cardozo International & Comparative Law Review
The note critiques the lack of a unified regulatory framework for addressing sexual misconduct in U.K. universities, contrasting it with the structured, albeit controversial, Title IX system in the U.S. It argues that the U.K.'s voluntary approach has led to inconsistent, unjust outcomes and advocates for the adoption of a comprehensive regulatory regime similar to Title IX to ensure fairness, accountability, and consistency in handling such cases.
Menstrual Justice In Theoretical Context,
2023
William & Mary Law School
Menstrual Justice In Theoretical Context, Vivian E. Hamilton
Faculty Publications
This Essay reviews and places into theoretical contexts Bridget Crawford and Emily Waldman’s invaluable book Menstruation Matters. Although the authors themselves do not explicitly label the theoretical approach that undergirds their work, much of Menstruation Matters: Challenging the Law’s Silence on Periods falls within the liberal feminist legal tradition typical of post-civil rights second-wave feminism. Their work also embodies aspects of critical feminist approaches to law. Crawford & Waldman expose the discriminatory effects of facially neutral laws, the limits of formal equality, and the pitfalls of essentializing or making universal claims about categories of individuals—including women and menstruators. In …
Human Frailty, Unbreakable Victims And Asylum,
2023
University of Miami School of Law
Human Frailty, Unbreakable Victims And Asylum, Rebecca Sharpless, Kristi E. Wintermeyer
Articles
This article analyzes the asylum decisions of immigration agencies and federal appellate courts and demonstrates that the case law driven standard for persecution is out of step with the original meaning of the term, international law standards, and contemporary understanding of how human beings experience physical and mental harm. Medical and psychological evidence establishes that even trauma at the lower end of the spectrum of severity can inflict lasting and debilitating effects on people's health. Yet over the last three decades, virtually no court decisions have decreased the showing of harm needed to establish persecution. To the contrary, courts have …
Sanak Value In Women’S Land Inheritance Rights: Case Study On Women Inheritance Land Rights In Karangpakuan, Sumedang, West Java,
2023
Universitas Indonesia
Sanak Value In Women’S Land Inheritance Rights: Case Study On Women Inheritance Land Rights In Karangpakuan, Sumedang, West Java, Patricia Beata Kurnia
The Indonesian Journal of Socio-Legal Studies
Karangpakuan Village is one of the villages in Sumedang, West Java, which territory was broken up into multiple parts by the government, as part of its land was submerged in the framework of the creation of the Jatigede Reservoir. Karangpakuan Village is one of the traditional Sunda Priangan villages, in which traditional customary inheritance norms based on bilateral kinship values are still practiced – despite the Islamic background of the community. These bilateral kinship values influence inheritance practices as these are not based on gender, but divided equally while considering other criteria, such as the number of children in the …
The Pitfall Of Child Marriage Dispensation: A Study Of Court Judgments In East Java (Dispensasi Perkawinan Anak Yang Menjerumuskan: Studi Putusan Hakim Di Jawa Timur),
2023
Sekolah Kajian Stratejik dan Global, Universitas Indonesia
The Pitfall Of Child Marriage Dispensation: A Study Of Court Judgments In East Java (Dispensasi Perkawinan Anak Yang Menjerumuskan: Studi Putusan Hakim Di Jawa Timur), Iklilah Muzayyanah Dini Fajriyah, Siti Marhamah, Septiani Anggriani
The Indonesian Journal of Socio-Legal Studies
This article conducted study on court decisions on dispensation for marriage that occurred during the COVID-19 pandemic (June 2020 to February 2021) from the children’s rights perspective. The library research method was chosen to dissect 19 marriage dispensation decisions (12 decisions from religious courts and seven decisions from district courts) in Kraksaan and Sumenep districts, East Java. Child married couples were randomly selected with one or both parties under the age of 18. Three important findings in this study are: 1) the perspective of the best interests of the child has not been the main consideration for judges; 2) judges …
The Gloria And Stanley Plesent Lecture: “Parents’ Rights” And Transgender Children With Professor Dara E. Purvis Penn State Law,
2023
Yeshiva University, Cardozo School of Law
The Gloria And Stanley Plesent Lecture: “Parents’ Rights” And Transgender Children With Professor Dara E. Purvis Penn State Law, Gertrud Mainzer Program In Family Law, Policy And Bioethics, Cardozo Outlaw, Cardozo Family Law Society
2023 Event Invitations
This year’s Gloria and Stanley Plesent Lecture will be given by Professor Dara E. Purvis, a scholar of family law, feminist legal theory, sexuality, gender identity and the law who teaches at Penn State Law. Her work examines gendered impacts of the law and proposes neutralizing reforms, most recently in the context of how the law defines parenthood. Professor Purvis will be discussing the recent spate of state bills and laws related to transgender children.
4th Annual Women In Law Leadership Lecture,
2023
Roger Williams University
4th Annual Women In Law Leadership Lecture, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Climate Discrimination,
2023
Peking University School of Transnational Law
Climate Discrimination, Duane Rudolph
Catholic University Law Review
This Article focuses on the coming legal plight of workers in the United States, who will likely face discrimination as they search for work outside their home states. The Article takes for granted that climate change will have forced those workers across state and international boundaries, a reality dramatically witnessed in the United States during the Dust Bowl of the 1930s. During that environmental emergency (and the devastation it wrought), workers were forced across boundaries only to be violently discriminated against upon arrival in their new domiciles. Such discrimination is likely to recur, and it will threaten the livelihoods of …
Dean's Desk: Recognizing Iu Maurer Alumnae Who Have Made A Difference,
2023
Indiana University Maurer School of Law
Dean's Desk: Recognizing Iu Maurer Alumnae Who Have Made A Difference, Christiana Ochoa
Christiana Ochoa (7/22-10/22 Acting; 11/2022-)
A couple weeks ago, I had the opportunity to welcome future law students as part of our annual Admitted Student Day. From their seats in the Kathleen and Ann DeLaney Moot Court Room, they look to the front of the room where they see the portraits of four trailblazing alumnae who have made indelible marks on the judiciary. Juanita Kidd Stout ’48, Sue Shields ’61, Linda Chezem ’71 and Loretta Rush ’83 all face out into the sea of newly admitted students who one day hope to forge paths of their own.As we celebrate Women’s History Month, I wanted to …
First, Do No Harm: Prioritizing Patients Over Politics In The Battle Over Gender-Affirming Care,
2023
Georgia State University College of Law
First, Do No Harm: Prioritizing Patients Over Politics In The Battle Over Gender-Affirming Care, Greg Mercer
Georgia State University Law Review
The medical community’s move to reclassify gender dysphoria as a condition that results in distress rather than a mental disorder has been instrumental in destigmatizing transgender people. However, state laws that aim to strip physicians of their ability to prescribe gender-affirming care, along with physicians’ refusal to comply with federal regulations requiring access to gender-affirming care, threaten to undo those gains. Opponents of gender-affirming care attempt to wield the concept of medical judgment as both a sword and a shield—preventing physicians from exercising their medical judgment to provide gender-affirming care while simultaneously allowing physicians to abstain from providing it. Although …
Law School As Straight Space,
2023
University of California, Irvine School of Law
Law School As Straight Space, Swethaa S. Ballakrishnen
Fordham Law Review
In honoring Professor Deborah L. Rhode’s commitment to making space for the marginal in legal education and clarifying the “no-problem” problems in our midst, Professor Ballakrishnen’s Essay focuses on one strain of nonnormative experience—that of genderqueer persons—to clarify the ways in which law schools reinforce linear hierarchies of identity and performance. Professor Ballakrishnen catalogues ethnographic student interview data to highlight perspectives of genderqueer law students, the result of which suggests that “normal” professional practices in law school reinforce the rigidity of the gender binary. They conclude by suggesting that paying attention to these student subpopulations is crucial to reform legal …
Mentored: On Leaders, Legacies, And Legal Ethics,
2023
University of Houston Law Center
Mentored: On Leaders, Legacies, And Legal Ethics, Renee Knake Jefferson
Fordham Law Review
Professor Renee Knake Jefferson shares insights on mentorship and legal ethics gleaned from her relationship with Professor Deborah Rhode. The Essay, written as part of the Fordham Law Review colloquium in Professor Rhode’s memory, argues that the stories of women and minority lawyers—regardless of whether one had a personal relationship with them—are an unrealized, valuable source of informal mentorship. It lays the groundwork for formalizing mentorship as an ethical obligation of leaders in the legal profession and beyond.
Era Project Faq On The Court Of Appeals Decision In Illinois V. Ferreiro,
2023
Columbia Law School
Era Project Faq On The Court Of Appeals Decision In Illinois V. Ferreiro, Center For Gender And Sexuality Law
Center for Gender & Sexuality Law
Illinois v. Ferriero is a lawsuit filed by the Attorneys General of the last three states that ratified the Equal Rights Amendment (ERA) — Nevada, Illinois, and Virginia — asking the court to require that the ERA be officially published by the U.S. Archivist as the 28th Amendment to the Constitution. On March 5, 2021, the District Court dismissed the lawsuit on standing grounds, meaning that the three states had not shown that they suffered a legally recognized injury. The court reasoned that the Archivist’s actions have no legal effect and, as such, the states were not harmed by the …
Deborah L. Rhode In Memoriam: Three Stories And Ten Life Lessons,
2023
University of Tennessee College of Law
Deborah L. Rhode In Memoriam: Three Stories And Ten Life Lessons, Benjamin H. Barton
Fordham Law Review
In this Essay, Professor Benjamin H. Barton offers a heartfelt tribute to the late legal scholar, Professor Deborah L. Rhode. Professor Barton reflects on Rhode’s prolific career, which spanned areas including legal ethics, feminism and women in the law, and lawyers as leaders. He also examines Rhode’s later works, which delved into more personal topics such as character, ambition, and legacy. Through personal anecdotes and life lessons, Professor Barton honors Rhode’s legacy as a model academic, mentor, and transformative force in the legal profession.
2023 Ruth Bader Ginsburg Essay/Art Contest,
2023
Roger Williams University
2023 Ruth Bader Ginsburg Essay/Art Contest, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
The First Amendment And The Second Sex,
2023
Villanova University Charles Widger School of Law
The First Amendment And The Second Sex, Cristina Carmody Tilley
Faculty Publications
Modern American law describes speech in stereotypically masculine terms: it is a “marketplace” where participants “joust” for dominance. Predictably, today’s speech jurisprudence can be hostile to the female voice, implicitly condoning gendered death threats, rape threats, doxing, and trolling as the necessary price of a vibrant national discourse. Unpredictably, the American Civil Liberties Union (“ACLU”) and its leading women drafted the blueprint for this modern speech edifice. The First Amendment and the Second Sex traces the ACLU campaign to dismantle a nineteenth-century speech regime that silenced some men while protecting many women. And it suggests that ACLU feminists—intent on securing …
Gender Violence As A Penalty Of Poverty,
2023
University of North Carolina School of Law.
Gender Violence As A Penalty Of Poverty, Deborah M. Weissman
University of Miami Inter-American Law Review
The matter of gender violence, including intimate partner violence (IPV), has long been categorized as a particularly egregious crime. The consequences of IPV are profound and affect all members of the household, family members near and far, and the communities where they live. Gender violence impacts the national economy. Costs accrue to workplaces, health care institutions, and encumber local and state coffers. Survivors are deprived of income, property, and economic stability: conditions that often endure beyond periods of physical injuries. Offenders also experience economic hardship as a result of involvement with the legal system. They often face significant obstacles when …
