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Law and Gender Commons

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2015

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Articles 1 - 30 of 400

Full-Text Articles in Law and Gender

Alternative Restrictions Of Sex Offenders' Social Media Use & The Freedom Of Speech, Norah M. Sloss Dec 2015

Alternative Restrictions Of Sex Offenders' Social Media Use & The Freedom Of Speech, Norah M. Sloss

Catholic University Journal of Law and Technology

No abstract provided.


How Women's Organizations Are Changing The Legal Landscape Of Reproductive Rights In Latin America, Fabiola Carrión Dec 2015

How Women's Organizations Are Changing The Legal Landscape Of Reproductive Rights In Latin America, Fabiola Carrión

City University of New York Law Review

No abstract provided.


Covernance: Feminist Theory, The Islamic Veil, And The Strasbourg Court's Jurisprudence On Religious Dress-Appearance Restrictions, Amina Haleem Dec 2015

Covernance: Feminist Theory, The Islamic Veil, And The Strasbourg Court's Jurisprudence On Religious Dress-Appearance Restrictions, Amina Haleem

DePaul Journal of Women, Gender and the Law

This paper explores how the human right of religious freedom has been conceptually and pragmatically developed under international law within the European Court of Human Rights as applied to veiled Muslim women. This paper analyzes the application of human rights guarantees as established in the European Convention on Human Rights and case law established by the European Court that has interpreted international documents to determine the religious freedoms of veiled Muslim women in the public sphere. The analytical framework identifies the divergence between liberal and third wave feminist approaches to the Islamic veil, and identifies the feminist approaches to international ...


The Constitution And Societal Norms: A Modern Case For Female Breast Equality, Brenna Helppie-Schmieder Dec 2015

The Constitution And Societal Norms: A Modern Case For Female Breast Equality, Brenna Helppie-Schmieder

DePaul Journal of Women, Gender and the Law

“The Constitution and Societal Norms: A Modern Case for Female Breast Equality” argues that laws prohibiting the public display of the female breast, but not the male breast, are unconstitutional under the Fourteenth Amendment’s Equal Protection Clause. That these laws discriminate against women is obvious, yet courts have historically refused to recognize an Equal Protection Clause violation. However, the primary reasons courts rely upon are ripe for review. Most significantly, courts typically justify female breast censorship laws based on the government interest in protecting public sensibilities, without recognizing that public sensibilities change. Indeed, perceptions of the public female breast ...


All Is Not Fair In Love And War: An Exploration Of The Military Masculinity Myth, Meghan O'Malley Dec 2015

All Is Not Fair In Love And War: An Exploration Of The Military Masculinity Myth, Meghan O'Malley

DePaul Journal of Women, Gender and the Law

Sexual assault has become pandemic and even a common occurrence among the ranks of all branches of the U.S. military. The Department of Defense estimates that in the year 2012 alone, 26,000 active duty soldiers were sexually assaulted. The military rape culture was thrust to the forefront of the media in 1991 as a result of the Tailhook Scandal. The military and Congress have not sat idly by, but twenty-three years and hundreds of thousands of assaults later, nothing has successfully alleviated the rates of sexual violence.

This paper explores why such efforts have failed to produce the ...


Mothers Behind Bars: Breaking The Paradigm Of Prisoners, Anna Mangia Dec 2015

Mothers Behind Bars: Breaking The Paradigm Of Prisoners, Anna Mangia

DePaul Journal of Women, Gender and the Law

Prison is an oppressive institution created for men, by men. While some may argue that oppression is the point of prison, this oppression is still created for and directed toward men. Because the paradigm of a prisoner is a violent male, the needs and concerns of women are often not considered. Female prisoners, therefore, experience layers of oppression: intended oppression inherent in the prison system, as well as gender-based oppression inherent in our society. Furthermore, incarcerated mothers experience a third layer of oppression due to their roles and expectations in society. “The mother” is glorified, but when a woman breaks ...


Out Of The Shadows: Traversing The Imaginary Of Sameness, Difference, And Relationalism - A Human Rights Proposal, Berta E. Hernández-Truyol Dec 2015

Out Of The Shadows: Traversing The Imaginary Of Sameness, Difference, And Relationalism - A Human Rights Proposal, Berta E. Hernández-Truyol

Berta E. Hernández-Truyol

This work seeks to develop a methodology that serves a women's anti-subordination project. To achieve this goal, Part II sets out the theoretical background of feminist theory (II.A) and three waves of feminism (II.B). Part II.C articulates the feminist revelations about law these analytical frameworks have engendered.

This project sets out to craft a methodology that can assist the goal of full personhood for women. Women's full personhood is a substantive concept that, as detailed in Part III, I ground on international human rights notions of fundamental rights - rights that we have, or ought to ...


Trending @ Rwu Law: Deborah Johnson's Post: Diversity And "Defamation", Deborah Johnson Dec 2015

Trending @ Rwu Law: Deborah Johnson's Post: Diversity And "Defamation", Deborah Johnson

Law School Blogs

No abstract provided.


The Right To Same-Sex Marriage: Formalism, Realism, And Social Change In Lawrence (2003), Windsor (2013), & Obergefell (2015), Ronald Kahn Dec 2015

The Right To Same-Sex Marriage: Formalism, Realism, And Social Change In Lawrence (2003), Windsor (2013), & Obergefell (2015), Ronald Kahn

Maryland Law Review

No abstract provided.


Constitutionalizing Fetal Rights: A Salutary Tale From Ireland, Fiona De Londras Dec 2015

Constitutionalizing Fetal Rights: A Salutary Tale From Ireland, Fiona De Londras

Michigan Journal of Gender & Law

In 1983, Ireland became the first country in the world to constitutionalize fetal rights. The 8th Amendment to the Constitution, passed by a referendum of the People, resulted in constitutional protection for “the right to life of the unborn,” which was deemed “equal” to the right to life of the “mother.” Since then, enshrining fetal rights in constitutions and in legislation has emerged as a key part of anti-abortion campaigning. This Article traces the constitutionalization of fetal rights in Ireland and its implications for law, politics, and women. In so doing, it provides a salutary tale of such an approach ...


Bridging Bisexual Erasure In Lgbt-Rights Discourse And Litigation, Nancy C. Marcus Dec 2015

Bridging Bisexual Erasure In Lgbt-Rights Discourse And Litigation, Nancy C. Marcus

Michigan Journal of Gender & Law

LGBT rights are at the forefront of current legal news, with “gay marriage” and other “gay” issues visible beyond dispute in social and legal discourse in the 21st Century. Less visible are the bisexuals who are supposedly encompassed by the umbrella phrase “LGBT” and by LGBT-rights litigation, but who are often left out of LGBTrights discourse entirely. This Article examines the problem of bisexual invisibility and erasure within LGBT-rights litigation and legal discourse. The Article surveys the bisexual erasure legal discourse to date, and examines the causes of bisexual erasure and its harmful consequences for bisexuals, the broader LGBT community ...


Adopting The Gay Family, Cynthia Godsoe Dec 2015

Adopting The Gay Family, Cynthia Godsoe

Faculty Scholarship

No abstract provided.


The Women Of The Wall: A Metaphor For National And Religious Identity, Pnina Lahav Dec 2015

The Women Of The Wall: A Metaphor For National And Religious Identity, Pnina Lahav

Faculty Scholarship

The Women of the Wall wish to participate in communal prayer in the women’s section of the Western Wall in Jerusalem. Their practice is to pray as a group, wrap themselves in a tallit, and read from the Torah scroll. They represent Jewish pluralism in that their group includes Orthodox, Conservative, Reform and secular women. They represent openness to change in that they base their claims on Halakhic interpretation, thereby embracing the capacity of Jewish law to evolve. This article reviews the resistance of the religious and political establishment in Israel to their claim and their struggle, unsuccessful so ...


Derecho Civil Constitucional Y Violencia Familiar, Silvia Roxana Sotomarino Nov 2015

Derecho Civil Constitucional Y Violencia Familiar, Silvia Roxana Sotomarino

Silvia Roxana Sotomarino

This article refers to a case in which the alleged victim family is not the woman, being evidenced in the appeal N ° 2350 - 2012-LIMA how forced the system to establish a psychological abuse that is not based on fundamental tests, criticizing the author has extended this process even though it lacked of evidences, affecting other serious cases in which there is no doubt the physical and psychological abuse, and they tend to be resolved with more delay and faulty way.


The Sistren: Ranking The Top 10 Female Supreme Court Justices, Meg Penrose Nov 2015

The Sistren: Ranking The Top 10 Female Supreme Court Justices, Meg Penrose

Meg Penrose

Of all the “best” and “worst” Supreme Court lists published, there has never been a listing of the Top Ten female Justices. The reason for this scholarly void is simple: only four women have served on the Court. Indeed, only five women have been nominated. I am pleased to present the first, though admittedly incomplete, listing of the Top Ten female Justices.


Allyship To The Intersex Community On Cosmetic, Non-Consensual Genital "Normalizing" Surgery, Robert Hupf Nov 2015

Allyship To The Intersex Community On Cosmetic, Non-Consensual Genital "Normalizing" Surgery, Robert Hupf

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

No abstract provided.


How To Define Who Qualifies As An Employee Within The Meaning Of Title Vii?, Steven Kaminshine Nov 2015

How To Define Who Qualifies As An Employee Within The Meaning Of Title Vii?, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.


Breast Implants As Beauty Ritual: Woman's Sceptre And Prison, Julie M. Spanbauer Nov 2015

Breast Implants As Beauty Ritual: Woman's Sceptre And Prison, Julie M. Spanbauer

Julie M. Spanbauer

In the past several years, various publications, including medical literature, television reports, newspaper articles, and even a book written by a physician and editor of a prestigious medical journal, have delivered roughly the same message to the public about silicone gel breast implants: they do not cause disease. According to these publications, the issue is all but closed. They claim that the earlier litigation documenting the dangers of silicone and the misdeeds of surgeons, as well as exposing greedy and fraudulent behavior of corporations such as Dow Coming, was apparently either in error or was itself a fraud perpetrated upon ...


Marriage Equality And The New Maternalism, Cynthia Godsoe Nov 2015

Marriage Equality And The New Maternalism, Cynthia Godsoe

Faculty Scholarship

No abstract provided.


Marriage (In)Equality And The Historical Legacies Of Feminism, Serena Mayeri Nov 2015

Marriage (In)Equality And The Historical Legacies Of Feminism, Serena Mayeri

Faculty Scholarship at Penn Law

In this essay, I measure the majority’s opinion in Obergefell v. Hodges against two legacies of second-wave feminist legal advocacy: the largely successful campaign to make civil marriage formally gender-neutral; and the lesser-known struggle against laws and practices that penalized women who lived their lives outside of marriage. Obergefell obliquely acknowledges marriage equality’s debt to the first legacy without explicitly adopting sex equality arguments against same-sex marriage bans. The legacy of feminist campaigns for nonmarital equality, by contrast, is absent from Obergefell’s reasoning and belied by rhetoric that both glorifies marriage and implicitly disparages nonmarriage. Even so ...


Gender Injustice And Girls In Massachusetts, Francine Sherman Oct 2015

Gender Injustice And Girls In Massachusetts, Francine Sherman

Francine T. Sherman

Keynote address at the MCLE Child Welfare and Juvenile Justice Conference.


The Respectable Dignity Of Obergefell V. Hodges, Yuvraj Joshi Oct 2015

The Respectable Dignity Of Obergefell V. Hodges, Yuvraj Joshi

Yuvraj Joshi

In declaring state laws that restrict same-sex marriage unconstitutional, Justice Kennedy invoked “dignity” nine times—to no one’s surprise. References in Obergefell to “dignity” are in important respects the culmination of Justice Kennedy’s elevation of the concept, dating back to the Supreme Court’s 1992 decision in Planned Parenthood v. Casey. In Casey, “dignity” expressed respect for a woman’s freedom to make choices about her pregnancy. Casey laid the foundation for Lawrence v. Texas, which similarly respected the freedom of choice of homosexual persons. Yet, starting in United States v. Windsor and continuing in Obergefell, the narrative ...


Beyond Marriage Equality Symposium, Roger Williams University School Of Law Oct 2015

Beyond Marriage Equality Symposium, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Distinguishing Disparate Treatment From Disparate Impact; Confusion On The Court, Michael Harper Oct 2015

Distinguishing Disparate Treatment From Disparate Impact; Confusion On The Court, Michael Harper

Faculty Scholarship

In two decisions in the 2014-2015 Term, Young v. United Parcel Service, Inc., and Equal Employment Opportunity Commission v. Abercrombie & Fitch, Inc., the Court seemed to give contradictory answers to an important unresolved conceptual definitional question: Does disparate treatment include assigning members of a protected group based on their protected status to a larger disfavored group that is defined by neutral principles and that includes others who are not members of the protected group? Or does such assignment have only a disparate impact on the protected status group?

In Young, the first of these decisions, all members of the Court ...


Newsroom: Johnson Heads Black Women's Bar Org, Roger Williams University School Of Law Oct 2015

Newsroom: Johnson Heads Black Women's Bar Org, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Trending @ Rwu Law: Christopher Gerlica's Post: Beyond Same-Sex Marriage, Christopher Gerlica Oct 2015

Trending @ Rwu Law: Christopher Gerlica's Post: Beyond Same-Sex Marriage, Christopher Gerlica

Law School Blogs

No abstract provided.


Newsroom: Lgbt Equality: The Challenges Ahead, Roger Williams University School Of Law Oct 2015

Newsroom: Lgbt Equality: The Challenges Ahead, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


A New Law To "Save" Youth From Survival Sex Will Force Them Into State Custody, Brendan M. Conner Esq. Oct 2015

A New Law To "Save" Youth From Survival Sex Will Force Them Into State Custody, Brendan M. Conner Esq.

Brendan M. Conner

It’s not novel that minors in the US can, in very rare cases, be sentenced to reform programs or secure confinement for actions that wouldn’t be illegal if adults did them. But the system used to punish youth for the likes of skipping school or drinking has never been used systematically to address cases where minors engage in survival sex – meaning, youths who exchange sex for money, shelter, food, drugs or other needs.

That is about to change, even though treating juveniles charged with prostitution like truants will increase arrests and extend court-involvement and institutionalization of victims.

On ...


Work Wives, Laura A. Rosenbury Oct 2015

Work Wives, Laura A. Rosenbury

Laura A. Rosenbury

Traditional notions of male and female roles remain tenacious at home and work even in the face of gender-neutral family laws and robust employment discrimination laws. This Article analyzes the challenge of gender tenacity through the lens of the “work wife.” The continued use of the marriage metaphor at work reveals that the dynamics of marriage flow between home and work, creating a feedback loop that inserts gender into both domains in multiple ways. This phenomenon may reinforce gender stereotypes, hindering the potential of law to achieve gender equality. But such gender tenacity need not always lead to subordination. The ...


Sex In And Out Of Intimacy, Laura A. Rosenbury, Jennifer E. Rothman Oct 2015

Sex In And Out Of Intimacy, Laura A. Rosenbury, Jennifer E. Rothman

Laura A. Rosenbury

The state has long attempted to regulate sexual activity by channeling sex into various forms of state-supported intimacy. Although commentators and legal scholars of diverse political perspectives generally believe such regulation is declining, the freedom to engage in diverse sexual activities has not been established as a matter of law. Instead, courts have extended legal protection to consensual sexual acts only to the extent such acts support other state interests, most often marriage and procreation. Although Lawrence v. Texas altered some aspects of that vision, it reinscribed others by suggesting that sexual activity should be protected from state interference only ...