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It Takes A Village: An Analysis Of Multilateralism And The Legal Mechanisms Designed To Prevent Violence Against Women, Madison Ivey 2019 Claremont Colleges

It Takes A Village: An Analysis Of Multilateralism And The Legal Mechanisms Designed To Prevent Violence Against Women, Madison Ivey

Scripps Senior Theses

Treaties and international organizations work together to create a global environment that protects the rights of a person and actively promotes the well-being of society. However, they do not necessarily guarantee the rights of everyone. Since women are not explicitly named in human rights documents, they are often not granted equal human rights. Therefore, it takes more than just international legal instruments to guarantee women's rights as human rights. A combination of civil society (NGOs), International organizations (IOs), and domestic government creates a perfect coalition to beat the barriers that must be overcome to fully protect women from violence.


Critiquing Matter Of A-B-: An Uncertain Future In Asylum Proceedings For Women Fleeing Intimate Partner Violence, Theresa A. Vogel 2019 University of Denver, Sturm College of Law

Critiquing Matter Of A-B-: An Uncertain Future In Asylum Proceedings For Women Fleeing Intimate Partner Violence, Theresa A. Vogel

University of Michigan Journal of Law Reform

The #MeToo movement has brought renewed attention to the impact of gender inequality on our society’s ability to provide protection to women from physical and sexual violence, including intimate partner violence. Despite advances in legal protections and increased resources to prevent, prosecute, and bring an end to intimate partner violence, in the absence of true efforts to combat gender inequality as a whole, intimate partner violence will continue to pervade our society. The discussion of gender inequality’s impact on the treatment of intimate partner violence must expand beyond the violence that occurs in the United States to gender ...


This We’Ll Defend: Expanding Ucmj Article 2 Subject Matter Jurisdiction As A Response To Nonconsensual Distribution Of Illicit Photographs, Nicholas Karp 2019 University of Michigan Law School

This We’Ll Defend: Expanding Ucmj Article 2 Subject Matter Jurisdiction As A Response To Nonconsensual Distribution Of Illicit Photographs, Nicholas Karp

University of Michigan Journal of Law Reform

In March 2017, it was revealed that current and former armed service members shared thousands of nude photos of their female counterparts over social media. Although some of these photos were taken with the women’s consent, almost none of them were distributed with the women’s consent.

Victims have little legal recourse. Military law is silent on the matter of non-consensual distribution. Federal civilian law speaks only to interstate stalking, domestic violence, and harassment, while only thirty-four states have revenge porn laws that sufficiently criminalize nonconsensual distribution of illicit photographs. Further complicating matters, the perpetrator’s military status as ...


Pregnancy And The First Amendment, Helen Norton 2019 University of Colorado Law School

Pregnancy And The First Amendment, Helen Norton

Articles

Suppose that you are pregnant and seated in the waiting room of a Planned Parenthood clinic, or maybe in a facility that advertises “Pregnant? We Can Help You.” This Essay discusses the First Amendment rules that apply to the government’s control of what you are about to hear.

If the government funds your clinic’s program, the U.S. Supreme Court has held that it does not violate the First Amendment’s Free Speech Clause when it forbids your health-care provider from offering you information about available abortion services. Nor does the government violate the Free Speech Clause, the ...


The Equal Rights Amendment Revisited, Bridget L. Murphy 2019 Notre Dame Law School

The Equal Rights Amendment Revisited, Bridget L. Murphy

Notre Dame Law Review

This Note proceeds in three Parts. Part One chronicles the history of the Equal Rights Amendment, from the original attempt at passage through the various reiterations thereafter. Part Two describes the legal background, including constitutional and legislative protection against discrimination on the basis of sex. Part Three of this Note then demonstrates that a faithful understanding of the existing constitutional and legislative protections reveals inherent weaknesses. Specifically, the original understanding of the Fourteenth Amendment did not contemplate protection from sex-based discrimination, and the word “sex” as a prohibited basis for discrimination in Title VII was added as a last-minute attempt ...


Unbowed, Unbroken, And Unsung: The Unrecognized Contributions Of African American Women In Social Movement, Politics, And The Maintenance Of Democracy, Patricia A. Broussard 2019 FAMU College of Law

Unbowed, Unbroken, And Unsung: The Unrecognized Contributions Of African American Women In Social Movement, Politics, And The Maintenance Of Democracy, Patricia A. Broussard

Journal Publications

Black women have made huge contributions to American society in movements, politics, and maintenance of the democracy. Black women have been relegated to footnotes, turned in memes, and largely ignored in politics and other areas of power. Notwithstanding the disrespect, disregard, and failures of the larger society to acknowledge that black own have made significant contributions, not only in the in entertainment industry, but in numerous other ways that have shaped out cultural and political landscape, black women's contributions to the larger society have been huge and impactful; yet there are so many blank spaces where their stories should ...


Too Much Talk, Too Little Action: The Corporate Side Of Gender Diversity In Governance, Douglas M. Branson 2019 University of California, Hastings College of the Law

Too Much Talk, Too Little Action: The Corporate Side Of Gender Diversity In Governance, Douglas M. Branson

Hastings Women’s Law Journal

The tech industry accounts for twenty-one percent of our gross national product. Yet, tech is the most backward of major U.S. industries when it comes to promoting women to leadership positions or positioning them for future ascension into executive positions. Even lower down in the ranks, the number of women tech companies employ has declined from thirtyseven percent of employees in 1995 to twenty-four percent today (2016), with prognostications that the number will decline further, to twenty-two percent or lower in the next decade. As revealed in compensation tables that companies file with the Securities and Exchange Commission, women ...


#Metoo, Statutory Rape Laws, And The Persistence Of Gender Stereotypes, Leslie Y. Garfield Tenzer 2019 Elisabeth Haub School of Law at Pace University

#Metoo, Statutory Rape Laws, And The Persistence Of Gender Stereotypes, Leslie Y. Garfield Tenzer

Pace Law Faculty Publications

This Article proceeds in five parts. Part I reviews the history of the legal and social movement from gender-specific to gender-neutral statutory rape laws. This Part includes an exploration of critical scholarship responding to the Supreme Court's Michael M. decision. Part II explains the limitations of gender-specific legislation. This Part illustrates that there are two categories of gender-neutral statutory rape jurisdictions: age-differential statutes and arbitrary prosecution statutes. This Part also explores challenges to these statutes, particularly arbitrary prosecution statutes, on equal protection grounds. Part III provides empirical data that men are prosecuted at a rate four times greater than ...


The Unconstitutional Tampon Tax, Bridget J. Crawford, Emily Gold Waldman 2019 Elisabeth Haub School of Law at Pace University

The Unconstitutional Tampon Tax, Bridget J. Crawford, Emily Gold Waldman

Pace Law Faculty Publications

Thirty-five states impose a sales tax on menstrual hygiene products, while products like spermicidal condoms and erectile dysfunction medications are tax-free. This sales tax--commonly called the “tampon tax”--represents an expense that girls and women must bear on top of the cost of biologically necessary items that they need in order to attend school, work, and otherwise participate in public life. This article explores the constitutionality of the tampon tax and argues that it is an impermissible form of gender discrimination under the Equal Protection Clause. First, menstrual hygiene products are a unique proxy for female sex, and therefore any ...


Venture Bearding, Benjamin P. Edwards, Ann C. McGinley 2019 University of Nevada, Las Vegas -- William S. Boyd School of Law

Venture Bearding, Benjamin P. Edwards, Ann C. Mcginley

Scholarly Works

“Venture bearding,” a term that we coin in this Article, describes processes of obscuring and covering socially stigmatized identities in business environments. This Article introduces distinctive identity performance strategies from the technology, startup, and venture capital context into the legal literature and discusses what their existence explains about business environments and capital formation. Venture bearding, as we use the term, describes behaviors that persons with contextually stigmatized identities adopt to access social status and capital. In some instances, women, who are stigmatized in this context, may employ men as front persons to conceal that the venture is an exclusively women-owned ...


"I Wanted Them To Be Punished Or At Least Ask Us For Forgiveness”: Justice Interests Of Female Victim-Survivors Of Conflict-Related Sexual Violence And Their Experiences With Gacaca, Judith Rafferty 2018 James Cook University, Cairns, Australia

"I Wanted Them To Be Punished Or At Least Ask Us For Forgiveness”: Justice Interests Of Female Victim-Survivors Of Conflict-Related Sexual Violence And Their Experiences With Gacaca, Judith Rafferty

Genocide Studies and Prevention: An International Journal

Survivors of human rights abuses need to experience a sense of justice to support their individual recovery. Women who have experienced conflict-related sexual violence have specific justice interests that are distinct from those of survivors of other abuses. This article focuses on justice interests of Rwandan women who experienced sexual violence during the genocide in Rwanda and who had their cases tried in gacaca community courts between 2008 and 2012. The article discusses two justice interests that emerged during interviews with 23 Rwandan women about their gacaca experience. These interests include the punishment of perpetrators and perpetrators taking responsibility for ...


Exited Prostitution Survivor Policy Platform, Marian Hatcher, Alisa L. Bernard, Allison Franklin, Audrey Morrissey, Beth Jacobs, Cherie Jimenez, Kathi Hardy, Marlene Carson, Nikki Bell, Rebecca Bender, Rebekah Charleston, Shamere McKenzie, Vednita Carter 2018 Cook County Sheriff's Office

Exited Prostitution Survivor Policy Platform, Marian Hatcher, Alisa L. Bernard, Allison Franklin, Audrey Morrissey, Beth Jacobs, Cherie Jimenez, Kathi Hardy, Marlene Carson, Nikki Bell, Rebecca Bender, Rebekah Charleston, Shamere Mckenzie, Vednita Carter

Dignity: A Journal on Sexual Exploitation and Violence

Survivors of prostitution propose a policy reform platform including three main pillars of priority: criminal justice reforms, fair employment, and standards of care. The sexual exploitation of prostituted individuals has lasting effects which can carry over into many aspects of life. In order to remedy these effects and give survivors the opportunity to live a full and free life, we must use a survivor-centered approach to each of these pillars to create change. First, reform is necessary in the criminal justice system to recognize survivors as victims of crime and not perpetrators, while holding those who exploited them fully responsible ...


Breaking The Silence: Holding Texas Lawyers Accountable For Sexual Harassment, Savannah Files 2018 St. Mary's University School of Law

Breaking The Silence: Holding Texas Lawyers Accountable For Sexual Harassment, Savannah Files

St. Mary's Journal on Legal Malpractice & Ethics

Following the 2017 exposure of Harvey Weinstein, the #MeToo movement spread rapidly across social media platforms calling for increased awareness of the prevalence of sexual harassment and assault and demanding change. The widespread use of the hashtag brought attention to the issue and successfully facilitated a much-needed discussion in today’s society. However, this is not the first incident prompting a demand for change.

Efforts to bring awareness and exact change in regards to sexual harassment in the legal profession date back to the 1990s. This demonstrates that the legal profession is not immune from these issues. In fact, at ...


Centering Women In Prisoners' Rights Litigation, Amber Baylor 2018 Texas A&M School of Law

Centering Women In Prisoners' Rights Litigation, Amber Baylor

Michigan Journal of Gender and Law

This Article consciously employs both a dignity rights-based framing and methodology. Dignity rights are those rights that are based on the Kantian assertion of “inalienable human worth.”29 This framework for defining rights spans across a number of disciplines, including medicine and human rights law.30 Disciplinary sanctions like solitary confinement or forced medication might be described as anathema to human dignity because of their degrading effect on an individual’s emotional and social well-being.

This Article relies on first-person oral histories where possible. Bioethics scholar Claire Hooker argues that including narratives in work on dignity rights “is both a ...


The Irony Of The Arab Springs In Tunisia: Democratic Governance And Women's Rights, Jalea Finkelstein 2018 California State University, Monterey Bay

The Irony Of The Arab Springs In Tunisia: Democratic Governance And Women's Rights, Jalea Finkelstein

Capstone Projects and Master's Theses

The Arab Springs were a series of revolutions that took place in the Middle East which first came about in the country of Tunisia. Tensions over governmental corruption, poor economic standings, unemployment, lack of political freedom, and little progress for women’s rights. From the fall of the Ben Ali Regime to the rise of the Ennahda Islamist Party, it has truly impacted Women’s Rights in such a unique way that has shaped a great revolution. These tensions also created a domino effect throughout the Arab World which affected countries such as Egypt, Libya, Yemen, and Syria. The role ...


Women In The Legal Academy: A Brief History Of Feminist Legal Theory, Robin West 2018 Georgetown University Law Center

Women In The Legal Academy: A Brief History Of Feminist Legal Theory, Robin West

Georgetown Law Faculty Publications and Other Works

Women’s entry into the legal academy in significant numbers—first as students, then as faculty—was a 1970s and 1980s phenomenon. During those decades, women in law schools struggled: first, for admission and inclusion as individual students on a formally equal footing with male students; then for parity in their numbers in classes and on faculties; and, eventually, for some measure of substantive equality across various parameters, including their performance and evaluation both in and in front of the classroom, as well as in the quality of their experiences as students and faculty members and in the benefits to ...


Salary History Should Be Her Story: Upholding Regulations Of Salary History Through A Commercial Speech Analysis, Elizabeth Lester-Abdalla 2018 College of William & Mary Law School

Salary History Should Be Her Story: Upholding Regulations Of Salary History Through A Commercial Speech Analysis, Elizabeth Lester-Abdalla

William & Mary Law Review

No abstract provided.


Demanding Accountability In Domestic Violence Courts, Johnna Pike 2018 Newbury College - Brookline

Demanding Accountability In Domestic Violence Courts, Johnna Pike

Violence Against Women conference

This presentation explores whether specialized domestic violence courts are achieving their stated objective of abuser accountability. Domestic violence emerged from the private realm of family life into the public consciousness during the 1970s. Since then, there has been a largely successful movement to reframe domestic violence as a “real” social problem necessitating meaningful criminal justice intervention. Within the criminal justice system, victim and feminist groups have mostly prevailed in controlling the discourse around domestic violence as a gender-based offense. As a result, a criminal court model aimed at empowering victims and at holding abusers accountable has emerged. However, the efficacy ...


Creating A Workplace Culture Of Civility And Respect: Preventing Unlawful Harassment And Discrimination, Rose Davenport 2018 University of New Mexico

Creating A Workplace Culture Of Civility And Respect: Preventing Unlawful Harassment And Discrimination, Rose Davenport

Shared Knowledge Conference

This research project identifies a plan to study best practices addressing unlawful workplace harassment and discrimination in New Mexico-based hospital healthcare systems. Initially, this project focusses on Presbyterian Healthcare Services and the University of New Mexico Hospital, with the possibility of including other local healthcare systems. In light of recent developments from “#MeToo” and “Time’s Up” movements, the issues of unlawful sexual harassment and discrimination are hot topics in today’s society and need to be more openly addressed by all levels of an organization, in order to identify these issues head-on and hopefully prevent them from continuing to ...


If Anyone Is Listening, #Metoo: Breaking The Culture Of Silence Around Sexual Abuse Through Regulating Non-Disclosure Agreements And Secret Settlements, Vasundhara Prasad 2018 Boston College Law School

If Anyone Is Listening, #Metoo: Breaking The Culture Of Silence Around Sexual Abuse Through Regulating Non-Disclosure Agreements And Secret Settlements, Vasundhara Prasad

Boston College Law Review

Secrecy is an ally of sexual violence. For decades, victims of sexual abuse have remained silent about their experiences. The recent emergence of the #MeToo movement in the aftermath of the scandals surrounding movie mogul Harvey Weinstein and television personalities Roger Ailes and Bill O’Reilly raises larger questions about whether employers are partly to blame because of the widespread use of non-disclosure agreements in settlements. The movement, while exposing the magnitude of the problem, also makes it clear that silencing victims’ speech means that sexual violence will never truly be settled. This Note argues that non-disclosure agreements in cases ...


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