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Law and Gender Commons

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2014

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Articles 1 - 30 of 462

Full-Text Articles in Law and Gender

What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent Samar Jan 2016

What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent Samar

Vincent Samar

Abstract

What Impact the Supreme Court’s Recent Hobby Lobby

Decision Might Have for LGBT Civil Rights?

Vincent J. Samar

The U.S. Supreme Court’s recent decision in the Hobby Lobby case has created shockwaves of concern among civil rights groups questioning whether for-profit corporations can assert a religious exemption from civil rights legislation under a 1993 federal law, the Religious Freedom Restoration Act. The matter is of particular concern in the LGBT community given the possible impact it could have on services traditionally offered to those getting married as more and more states legalize same-sex marriage. Though the ...


Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson Dec 2014

Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson

Cultural Encounters, Conflicts, and Resolutions

Minority rights and religion have never been topics that are simultaneously considered. However, arguably, the two have relevance, especially when combined with the topic and theory of constitutionalism. Historically and traditionally, minorities have been granted certain rights and have been denied certain rights under various constitutions. These grants and denials relate to cultural differences and values, arguably relating to a culture’s understanding and interpretation of religion.

This article explores the relationship and status of minority rights as it relates to religiosity and constitutionalism. Essentially, there is a correlation between these topics and research shows where certain nations have used ...


Vawa @ 20: Introduction, Nishan Bhaumik Dec 2014

Vawa @ 20: Introduction, Nishan Bhaumik

City University of New York Law Review

No abstract provided.


Vawa After The Party: Implementing Proposed Guidelines On Campus Sexual Assault Resolution, Mary P. Koss, Elise C. Lopez Dec 2014

Vawa After The Party: Implementing Proposed Guidelines On Campus Sexual Assault Resolution, Mary P. Koss, Elise C. Lopez

City University of New York Law Review

No abstract provided.


From Multiculturalism To Technique: Feminism, Culture, And The Conflict Of Laws Style, Karen Knop, Ralf Michaels, Annelise Riles Dec 2014

From Multiculturalism To Technique: Feminism, Culture, And The Conflict Of Laws Style, Karen Knop, Ralf Michaels, Annelise Riles

Annelise Riles

The German Chancellor, the French President, and the British Prime Minister have each grabbed world headlines with pronouncements that their states' policies of multiculturalism have failed. As so often, domestic debates about multiculturalism, as well as foreign policy debates about human rights in non- Western countries, revolve around the treatment of women. Yet feminists are no longer even certain how to frame, let alone resolve, the issues raised by veiling, polygamy, and other cultural practices oppressive to women by Western standards. Feminism has become perplexed by the very concept of "culture." This impasse is detrimental both to women's equality ...


Rights Inside Out: The Case Of The Women's Human Rights Campaign, Annelise Riles Dec 2014

Rights Inside Out: The Case Of The Women's Human Rights Campaign, Annelise Riles

Annelise Riles

This essay traces the relationship between activists and academics involved in the campaign for “women’s rights as human rights” as a case study of the relationship between different classes of what I call “knowledge professionals” self-consciously acting in a transnational domain. The puzzle that animates this essay is the following: how was it that at the very moment at which a critique of “rights” and a reimagination of rights as “rights talk” proved to be such fertile ground for academic scholarship did the same “rights” prove to be an equally fertile ground for activist networking and lobbying activities? The ...


The United Nations Responses To The Sexual Abuse And Exploitation Of Women And Girls By Peacekeepers During Peacekeeping Missions, Muna Ndulo Dec 2014

The United Nations Responses To The Sexual Abuse And Exploitation Of Women And Girls By Peacekeepers During Peacekeeping Missions, Muna Ndulo

Muna B Ndulo

No abstract provided.


African Customary Law, Customs, And Women's Rights, Muna Ndulo Dec 2014

African Customary Law, Customs, And Women's Rights, Muna Ndulo

Muna B Ndulo

The sources of law in most African countries are customary law, the common law and legislation both colonial and post-independence. In a typical African country, the great majority of the people conduct their personal activities in accordance with and subject to customary law. Customary law has great impact in the area of personal law in regard to matters such as marriage, inheritance and traditional authority, and because it developed in an era dominated by patriarchy some of its norms conflict with human rights norms guaranteeing equality between men and women. While recognizing the role of legislation in reform, it is ...


Victim Gender And The Death Penalty, Caisa Elizabeth Royer, Amelia Courtney Hritz, Valerie P. Hans, Theodore Eisenberg, Martin T. Wells, John H. Blume, Sheri Lynn Johnson Dec 2014

Victim Gender And The Death Penalty, Caisa Elizabeth Royer, Amelia Courtney Hritz, Valerie P. Hans, Theodore Eisenberg, Martin T. Wells, John H. Blume, Sheri Lynn Johnson

Sheri Lynn Johnson

Previous research suggests that cases involving female victims are more likely to result in death sentences. The current study examines possible reasons for this relationship using capital punishment data from the state of Delaware. Death was sought much more for murders of either male or female white victims compared to murders of black male victims. Analyzing capital sentencing hearings in Delaware from 1977-2007 decided by judges or juries, we found that both characteristics of the victims and characteristics of the murders differentiated male and female victim cases. The presence of sexual victimization, the method of killing, the relationship between the ...


Roll Back "Prison Nation", Donna Coke Dec 2014

Roll Back "Prison Nation", Donna Coke

City University of New York Law Review

No abstract provided.


To Whom Do We Refer When We Speak Of Obligations To "Future Generations"? Reproductive Rights And The Intergenerational Community, Sherry F. Colb Dec 2014

To Whom Do We Refer When We Speak Of Obligations To "Future Generations"? Reproductive Rights And The Intergenerational Community, Sherry F. Colb

Sherry Colb

This Article argues that an analysis of reproductive rights in the context of future generations yields three insights. First, potential people (who may or may not come into being) do not-by any prevailing approach to morality-have a right to be created by us. They may therefore be ethically "prevented" from coming into existence with what I call the "Offspring Selection Interest" ("OSI"). Second, the OSI is often conflated with the distinct reproductive rights interest in protecting one's body against unwanted intrusion, the "Bodily Integrity Interest" ("BII"), with resulting confusion for reproductive rights discourse. And third, once we distinguish the ...


Words That Deny, Devalue, And Punish: Judicial Responses To Fetus-Envy?, Sherry F. Colb Dec 2014

Words That Deny, Devalue, And Punish: Judicial Responses To Fetus-Envy?, Sherry F. Colb

Sherry Colb

Abstract needed.


The Arrest Experiments: A Feminist Critique, Cynthia Grant Bowman Dec 2014

The Arrest Experiments: A Feminist Critique, Cynthia Grant Bowman

Cynthia Grant Bowman

No abstract provided.


Bibliographical Essay: Women And The Legal Profession, Cynthia Grant Bowman Dec 2014

Bibliographical Essay: Women And The Legal Profession, Cynthia Grant Bowman

Cynthia Grant Bowman

No abstract provided.


Wife Murder In Chicago: 1910-1930, Cynthia Grant Bowman, Ben Altman Dec 2014

Wife Murder In Chicago: 1910-1930, Cynthia Grant Bowman, Ben Altman

Cynthia Grant Bowman

No abstract provided.


Women In The Legal Profession From The 1920s To The 1970s: What Can We Learn From Their Experience About Law And Social Change?, Cynthia Grant Bowman Dec 2014

Women In The Legal Profession From The 1920s To The 1970s: What Can We Learn From Their Experience About Law And Social Change?, Cynthia Grant Bowman

Cynthia Grant Bowman

No abstract provided.


Feminist Legal Theory, Feminist Lawmaking, And The Legal Profession, Cynthia Bowman, Elizabeth Schneider Dec 2014

Feminist Legal Theory, Feminist Lawmaking, And The Legal Profession, Cynthia Bowman, Elizabeth Schneider

Cynthia Grant Bowman

No abstract provided.


Legal Limbo Of The Student Intern: The Responsibility Of Colleges And Universities To Protect Student Interns Against Sexual Harassment, Cynthia Bowman, Marybeth Lipp Dec 2014

Legal Limbo Of The Student Intern: The Responsibility Of Colleges And Universities To Protect Student Interns Against Sexual Harassment, Cynthia Bowman, Marybeth Lipp

Cynthia Grant Bowman

No abstract provided.


David Peterson Mar, What Trouble I Have Seen: A History Of Violence Against Wives, Cynthia Grant Bowman Dec 2014

David Peterson Mar, What Trouble I Have Seen: A History Of Violence Against Wives, Cynthia Grant Bowman

Cynthia Grant Bowman

No abstract provided.


Race And Gender In The Law Review, Cynthia Grant Bowman, Dorothy E. Roberts, Leonard S. Rubinowitz Dec 2014

Race And Gender In The Law Review, Cynthia Grant Bowman, Dorothy E. Roberts, Leonard S. Rubinowitz

Cynthia Grant Bowman

No abstract provided.


Street Harassment And The Informal Ghettoization Of Women, Cynthia Grant Bowman Dec 2014

Street Harassment And The Informal Ghettoization Of Women, Cynthia Grant Bowman

Cynthia Grant Bowman

No abstract provided.


Praxis And Pedagogy: Domestic Violence, Cynthia Grant Bowman, Eden Kusmiersky Dec 2014

Praxis And Pedagogy: Domestic Violence, Cynthia Grant Bowman, Eden Kusmiersky

Cynthia Grant Bowman

No abstract provided.


Race And Gender In The Law Review, Cynthia Grant Bowman Dec 2014

Race And Gender In The Law Review, Cynthia Grant Bowman

Cynthia Grant Bowman

No abstract provided.


Victim Gender And The Death Penalty, Caisa Royer, Amelia Hritz, Valerie Hans, Theodore Eisenberg, Martin Wells, John Blume, Sheri Lynn Johnson Dec 2014

Victim Gender And The Death Penalty, Caisa Royer, Amelia Hritz, Valerie Hans, Theodore Eisenberg, Martin Wells, John Blume, Sheri Lynn Johnson

John H. Blume

Previous research suggests that cases involving female victims are more likely to result in death sentences. The current study examines possible reasons for this relationship using capital punishment data from the state of Delaware. Death was sought much more for murders of either male or female white victims compared to murders of black male victims. Analyzing capital sentencing hearings in Delaware from 1977-2007 decided by judges or juries, we found that both characteristics of the victims and characteristics of the murders differentiated male and female victim cases. The presence of sexual victimization, the method of killing, the relationship between the ...


A Travesty Of Justice: Revisiting Harris V. Mcrae, Jill E. Adams, Jessica Arons Dec 2014

A Travesty Of Justice: Revisiting Harris V. Mcrae, Jill E. Adams, Jessica Arons

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Women In The Crowd Of Corporate Directors: Following, Walking Alone, And Meaningfully Contributing, Joan Macleod Heminway Dec 2014

Women In The Crowd Of Corporate Directors: Following, Walking Alone, And Meaningfully Contributing, Joan Macleod Heminway

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Feminist Legal Theory As A Way To Explain The Lack Of Progress Of Women’S Rights In Afghanistan: The Need For A State Strength Approach, Isaac Kfir Dec 2014

Feminist Legal Theory As A Way To Explain The Lack Of Progress Of Women’S Rights In Afghanistan: The Need For A State Strength Approach, Isaac Kfir

William & Mary Journal of Race, Gender, and Social Justice

Cultural and religious practices are critical to explaining Afghanistan’s dreadful reputation concerning the preservation, protection, and promotion of women’s rights. Those advocating misogynistic practices assert that the calls for reforms challenge their religion and culture, while also claiming that many women’s issues exist within the private realm. Accordingly, they assert that reforms that aim at addressing disempowerment are not vital to the state and go beyond the established limits of state authority. Building on feminist legal theory, which distinguishes between the public and private spheres, I argue in Afghanistan misogynistic and discriminatory practices stem from contrived cultural ...


Mail Order Feminism, Marcia Zug Dec 2014

Mail Order Feminism, Marcia Zug

William & Mary Journal of Race, Gender, and Social Justice

This Essay will argue that America’s current marriage crisis is a problem that could be solved by encouraging mail order marriages. Specifically, Part I of this Article will show how the current marriage crisis is the result of an increasing educational gap between American men and women that is leaving less educated men with few marriage prospects. It will further argue that the loss of marriage prospects is concerning both because marriage is often the social institution that supports men as their job prospects falter and because it has the potential to create an angry and dangerous underclass of ...


Procedurally Criminal: How Peremptory Challenges Create Unfair And Unrepresentative Single-Gender Juries, Chelsea V. King Dec 2014

Procedurally Criminal: How Peremptory Challenges Create Unfair And Unrepresentative Single-Gender Juries, Chelsea V. King

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Suicide In The Name Of Honor: Why And How U.S. Asylum Law Should Be Modified To Allow Greater Acceptance Of Honor-Violence Victims To Prevent “Honor Suicides”, Ayla M. Kremen Dec 2014

Suicide In The Name Of Honor: Why And How U.S. Asylum Law Should Be Modified To Allow Greater Acceptance Of Honor-Violence Victims To Prevent “Honor Suicides”, Ayla M. Kremen

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.