cjgl: A Pathfinder

This is a computer-generated pathfinder created against the Distant Reader study called cjgl.

Each Distant Reader study carrel is composed of many individual items. Each item is bibliographically described with author, title, date, summary, and keyword values. Below is a list of the items' most signficant keywords as well as lists of the items themselves. Purpusing the content of this pathfinder provides the student, researcher, or scholar with one way to get their heads around the scope of the carrel. The keywords include:

Gender; Women; Columbia; Court; Note; State; Rights; Sex; Family; People; Discrimination; Work; Human; Feminist; Act; School; Race; Amendment; Access; Sexuality; Color; Jgl

Depending on how this pathfinder was created, many of the bibliographic sections will include elaborations on the meaning(s) of the given keywords. These elaborations were generated by feeding the items' summaries to a large langauge model and asking the model to address the question, "What is X?", where "X" is the keyword. The result will be a few sentences of elaboration. Be forewarned. The elaborations are often plausible, but they should not be take as truth. Instead, they should be taken as points for consideration.

• Immunizing Roe: How Court Treatment of COVID-19 Vaccine Mandates Supports Reproductive Freedom by Alyssa Curcio (2023) - COLUMBIA JOURNAL OF GENDER AND LAW 43.1 4 protections under vaccine mandates’ legal analysis, the necessity of the Court’s protection of abortion rights is even further demonstrated. I. While the Court has since made multiple rulings concerning abortion regulations during its October 2021 Term, this Note addresses only the abortion jurisprudence preceding these cases to orient the reader in the Court’s historical understanding of abortion rights. Keywords: abortion; autonomy; bodily; columbia; court; gender; health; individual; interest; jacobson; journal; law; mandates; note; public; right; state; u.s; vaccine; vaccine mandates
• Economic Abuse in the Domestic Violence Context: Towards a Comprehensive Solution at the Federal and State Level by Tia Thomas (2023) - Economic abuse can affect every aspect of a survivor’s life, often limiting their ability to obtain an education and maintain employment.1 Although the federal government has passed several laws addressing domestic violence, these laws have only recently begun to address economic abuse and are mainly meant to provide civil support for survivors. 23 Note that the Violence Against Women Reauthorization Act of 2022 includes a definition of economic abuse in the definition section and references economic abuse as part of the definition of domestic violence. Keywords: abuse; abusers; act; ann; columbia; gender; law; laws; person; states; statute; survivors; violence; west
• Equal Protection in Dobbs and Beyond: How States Protect Life Inside and Outside of the Abortion Context by Reva B. Siegel; Serena Mayeri; Melissa Murray (2023) - L.J. 207 (2018); Siegel, supra note 25 (employing frame expansion to analyze Louisiana’s choices in June Medical). 120 Increasingly, the threat of prosecution under state abortion laws is chilling the provision of medical care to pregnant patients. The Preamble to New Jersey’s Reproductive Freedom Act, which was enacted in 2022 and codifies the right to abortion in state law, states that “[s]elf-determination in reproductive choice is key to helping establish equality among the genders and to allowing all people of childbearing age to participate equally” in “economic and social life.” Keywords: abortion; ban; brief; columbia; court; equality; gender; health; journal; justice; law; life; means; mississippi; note; pregnancy; protection; reproductive; sex; state; supra; u.s; virginia; women
• A Change of Narrative: Protecting Sexual and Reproductive Rights in Post-Conflict Criminal Justice by Noemí Pérez Vásquez; Liiri Oja (2023) - B. Dealing with Uncodified Harms in International Criminal Law Despite an increased attention to sexual violence by international criminal courts and the enumeration of a wide range of sexual violence crimes in the Rome Statute, many other types of gender-based violence, including reproductive violence, remain largely invisible in the study and the practice of international criminal law.81 For instance, as Grey notes, the ICC Statute is silent on forced impregnation, forced miscarriage, and persecution on the grounds of pregnancy, examples of crimes that should be included.82 As such, she continues, because reproductive autonomy is a distinct value from sexual autonomy, where possible, conduct which offends this value should be punished as a separate crime.83 77 Id. at 9, 283–284. Human Rights Watch also later established that virtually every Tutsi woman and adolescent girl who survived the genocide had been raped, and the U.N. Special Rapporteur in Rwanda, extrapolating from the number of unwanted pregnancies after the genocide (calculating that 100 cases of rape result in one pregnancy), estimated that the total number of women raped was much higher, ranging from 250,000 to 500,000.43 Despite this, the ICTR neither prosecuted acts of forced pregnancy nor argued that the commission of enforced sterilization and forced contraception without a genocidal intent could be considered a crime under international law.44 In the Akayesu case—the first conviction where an institution recognized rape and sexual violence as a means of perpetrating genocide45—although “rape was not originally included in the charges,” it was later added under the insistence of some judges and civil society.46 In that case, the judgment only touched upon reproductive violence in the context of the genocide in recognizing that forced impregnation could, in some circumstances, amount to the crime of genocide if there is an intent to prevent births within a group.47 We agree with Altunjan in 41 De Vos, supra note 38; Altunjan further argues that, despite the fact that the Trial Chamber also stated that “[t]he systematic rape of women . . . Keywords: altunjan; case; columbia; conflict; crimes; criminal; gender; human; international; journal; justice; law; note; pregnancy; rape; reproductive; rights; rights violations; supra; supra note; violations; violence; war; women
• The State As Rights-Facilitator: Reconciling Branches of Privacy Doctrine Through Consent by Kobriger, Kate (2023) - Some of the most iconic language establishing domestic privacy builds on that nexus, invoking Fourth Amendment sentiments to lend the appearance of Constitutional credence to domestic privacy doctrine. In such a role, the state does not start in the “hands off” position characteristic of domestic privacy cases, nor does it automatically insert itself in what we recognize as private spaces or relationships, as domestic privacy proponents feared. Keywords: abortion; amendment; cases; columbia; consent; court; decisional; doctrine; domestic; gender; individuals; journal; law; legal; note; people; police; privacy; privacy doctrine; private; right; state; supra; u.s; united; violence; women
• Europe Can Succeed Where America Failed: A Comparative Approach to Gender-Based Violence by Paganetti, Lorenzo (2023) - 76 Ester Herlin-Karnell, EU Competence in Criminal Law After Lisbon, in EU LAW AFTER LISBON 344 (Biondi et al. eds., 2012). The Commission has the sole power to propose EU legislation, which is then voted upon by both the Council and the Parliament. Keywords: article; clause; columbia; commerce; council; directive; european; gbv; gender; harmonization; journal; law; legislation; market; member; note; states; supra; tfeu; union; violence; women
• Remarks on Manifesting Justice: Wrongly Convicted Women Reclaim Their Rights by Baylor, Amber; Beety, Valena; Sturm, Susan (2023) - And how the science of gynecology was developed on the bodies of enslaved women and Irish immigrant women for the benefit of many other people.22 I trace this history, and while I may use Kim as a centering point—that she overdosed, is unconscious in the hospital, and then a stranger is able to come video, touch, and analyze her naked body—it exists throughout the book for many other people, and particularly for incarcerated people. It is also a tragedy, but ultimately it will hopefully help other people. Keywords: book; columbia; evidence; gender; journal; law; people; prosecutor; system; valena
• Rape-By-Deception in China: A Messy But Pragmatically Desirable Criminal Law by Chen, Jianlin; Lu, Bijuan (2023) - Summary of Cases There are three takeaways from this survey and doctrinal analysis of fraudulent sex cases in China. First, through a quantitative and qualitative analysis of contemporaneous scholarly commentary and a systematic survey of court judgments from 2015 to 2020, we demonstrate that religious fraudulent sex, medical fraudulent sex, and impersonation of intimate partners are punished as rape in China. Keywords: 1st; act; case; case judgment; chen; china; chinese; chu; coercion; columbia; consent; courts; criminal; deception; defendant; e.g.; fraud; gender; impersonation; instance; journal; law; law jurisdictions; means; nature; note; offense; provisions; rape; rape law; rape offence; sex; sex criminalization; supra; supra note; victim; xing
• Justice For Survivors of Intimate Partner Violence Conference Report by Family Law Roundtable (2023) - Tragically, he went on to murder their two-year-old daughter during a court- ordered visit that was ordered over Ms. Franchetti’s vehement objection.17 Indeed, in 2020, then Governor Cuomo convened a commission of experts “charged with providing recommendations to the Governor regarding if and/or how forensic custody evaluations should be used by New York courts…after hearing from parents, attorneys, and other court actors who reported negative experiences with forensic custody evaluators. As the pandemic progressed and especially as other New York courts were transitioning to virtual proceedings, the distinction between “essential” and “non-essential” matters in Family Court became more and more arbitrary. Keywords: abuse; bias; cases; child; children; coercive; columbia; conference; control; court system; courts; custody; director; family court; family law; gender; including; journal; judges; justice; law system; litigants; new york; order; report; safety; state; survivors; training; trauma; violence; women; york state
• Day 1 Panel 1: Addressing Inequity and Injustice In the Family Law System by Judy Harris Kluger; Betty Weinberg Ellerin; Troy K. Webber; Jennifer Friedman; William C. Silverman (2023) - So one of the recommendations that we made was to increase the number of family court judges. COLUMBIA JOURNAL OF GENDER & LAW 44.1 70 JUSTICE ELLERIN: Could I make this point—family court judges are appointed by the mayor. Keywords: court; family; family court; gender; judges; justice; law; report; system; women
• Day 1 Panel 2: How Bias Manifests in New York State's Family Law System by Hamra Ahmad; Jacqueline Franchetti; Linda Lopez; Carolyn Springer; Shain Filcher; Rachel Braunstein (2023) - So the question came up as to a greater publishing of family court opinions or publicization, in the news and media, of family court opinions as a way to increase transparency and therefore, accountability of family court decisions. I had represented this client for over three years in family court and in Supreme Court. Keywords: case; client; court; family; gender; journal; judge; kyra; law; need; people; system
• Day 1 Panel 3: Aligning the Law With Today's Conceptions of Domestic Violence: Coercive Control, Lethality, and Femicide by Jennifer Friedman; Chitra Raghavan; Tanya Selvaratnam; Paula Cohen; Anna Maria Diamanti (2023) - Just so you know, the first countries to enact coercive control as part of domestic violence, were the U.K. and Wales. So, I haven’t yet seen coercive control used in that way, but every single time there is legislation about domestic violence, it is used as a double-edged sword, and our clients do get arrested and prosecuted for it. Keywords: columbia; control; family; friedman; gender; jennifer; journal; law; new; tanya; time; violence; way; women
• Day 2 Panel 1: Protecting the Child: Focus on Intimate Partner Violence and Custody Law by Angela Yeboah; Kara Bellew; Joan Meier; Michael Scherz; Anne-Marie Jolly; Ally Cable (2023) - Joan, you conducted a first-of-its-kind study from George Washington University which looks at how mothers who report domestic violence or child abuse often lose custody or contact with their children.2 Can you share with us what led you to do this research and then walk us through the research itself? What can be translated is that an alienation cross-claim reduces the likelihood of any abuse allegation by a mother being believed by a factor of two and reduces the likelihood of child abuse being believed by a factor of almost four. Keywords: abuse; alienation; cases; child; children; claims; court; custody; father; gender; journal; law; time; violence; want
• Day 2 Panel 3: Self-Care as Self-Preservation: Understanding Vicarious Trauma & Enhancing Support for Providers by Josie Torielli; Lisa Alexander; Dorcas Miller; Hawthorne Smith; Victoria Goodlof (2023) - Another point I want to make is that the single most important factor in the success of trauma work relates to the attention paid to the experience and needs of the helpers. Doing trauma work may lead to some of us being hyper-vigilant. Keywords: clients; columbia; day; gender; journal; law; lisa; people; right; things; trauma; work
• Abortion, Full Faith and Credit, and the "Judicial Power" Under Article III: Does Article IV of the U.S. Constitution Require Sister-State Enforcement of Anti-Abortion Damages Awards? by Brilmayer, Lea (2024) - State laws that nullify constitutional rights by handing off enforcement to private parties have also been adopted in other substantive areas, such as civil rights, gender equality, and freedom of speech. But state courts may be empowered under state law to do many other things, including writing advisory opinions. Keywords: abortion; act; article; article iii; case; clause; constitution; court; credit; credit clause; enforcement; faith; federal; gender; iii; journal; judgments; judgments law; jurisdiction; law; law columbia; laws; power; state; state court; statute; texas; u.s; word
• Criministrative Law: Data-Collection, Surveillance, and the Individualization Project in U.S. Child Welfare Law by Cohen-Rimer, Yael (2024) - Columbia Journal of Gender and law Columbia Journal of Gender and law500 50144.344.3 CRIMINISTRATIVE LAW: DATA-COLLECTION, SURVEILLANCE, AND THE INDIVIDUALIZATION PROJECT IN U.S. CHILD WELFARE LAW YAEL COHEN-RIMER*1 Abstract Textual analyses of child welfare laws, joined by extensive textual and legal analyses of case law, reveal how the “dance” between the administrative and the criminal in child protective services (CPS) is rooted in the individualized perception of poverty. Building on individualized perception and reifying it, child welfare laws and practices are neither purely administrative nor criminal, but “criministrative.” Keywords: abuse; article; care; case; child; child abuse; child neglect; child welfare; children; columbia; court; criminal; criministrative; dcf; families; family; gender; journal; law; law columbia; laws; mass; massachusetts; neglect; note; parents; poverty; protection; report; reporting; state; supra; surveillance; system
• We're Not Giving This Child Back To Lesbians: An Examination of LGBTQ+ Parents' Loss of Children to the Family Regulation System by McGowan, Grace (2024) - State Treatment of LGBTQ+ Parents: Lessons from the Private Custody and Foster/Adoption Context A growing number of states have explicit protections for stepparents/second parents, foster care parents, prospective adoptive parents, and youth in the family regulation system against SOGI discrimination.121 Similar explicit protections for LGBTQ+ parents in private custody are emerging in some progressive states.122 Such protections prevent judges from explicitly finding that a parent’s sexual orientation or gender identity is not in the child’s standard continues to enable judges to consider LGBTQ status when making custody and visitation decisions. Columbia Journal of Gender and law Columbia Journal of Gender and law546 54744.344.3 “WE’RE NOT GIVING THIS CHILD BACK TO LESBIANS”: AN EXAMINATION OF LGBTQ+ PARENTS’ LOSS OF CHILDREN TO THE FAMILY REGULATION SYSTEM GRACE MCGOWAN* INTRODUCTION People often associate LGBTQ+1 parents with adoptive and foster parents. Keywords: care; case; child; child welfare; children; columbia; couples; court; custody; data; discrimination; families; family regulation; foster; gender; journal; law; lesbian; lgbtq+; lgbtq+ parents; lgbtq+ people; note; parents; people; regulation system; removal; research; rights; services; sex; state; supra; supra note; system; transgender; welfare; youth
• State Shopping for a Baby: A Call for Federal Surrogacy Legislation by Mi, Wenxiao Kaley (2024) - The controversies surrounding surrogacy have shaped the legal framework’s development, leaving surrogacy law in a confused state. 41 See Sangeeta Udgaonkar, The Regulation of Oocyte Donation and Surrogate Motherhood in India, in Making Babies: Birth Markets and Assisted Reproductive Technologies in India 74, 89 (Sandhya Srinivasan ed., 2010) (discussing surrogacy laws in the United States). Keywords: act; baby; child; columbia; contracts; court; gender; gestational; journal; law; laws; model; note; parents; parties; requirements; rights; states; surrogacy; surrogate; united
• 1/20,000th of a Person? Democracy and Protecting Equal Rights in Notice and Comment Rulemaking by Cantalupo, Nancy Chi (2024) - The narrative surrounding the commenting power maintains that notice-and- comment rulemaking is structured to facilitate ordinary people’s participation in national 15 Note that approximately 1,500 of the comments catalogued may fit into these categories, with a majority of these traditional comments also strongly opposing the DeVos NPRM. More discomforting, even though the Regulation Room researchers devote an entire study to showing the value in these outsider comments, they end up suggesting that agencies are almost as dismissive of these kinds of comments as they are of mass comments, even though there is no indication that such comments result from abuses such as bots, astroturfing, or clicktivism. Keywords: administrative; agencies; agency; american; boilerplate; civil; columbia; columbia journal; comment rulemaking; commenting; comments; d. mass; democratic; devos; gender; harassment; journal; law; law columbia; mass; movement; note; notice; nprm; participation; people; process; public; research; rights; rulemaking; rules; sexual; state; supra; supra note; title; violence; white; women
• State Actions to Ban Gender-Affirming Care for Minors and the Ways Forward by Libertella, Ali (2024) - State laws banning all gender-affirming medical care for trans youth would prevent a parent from providing this care to their child. In this context, federal approval of Mifepristone, “based on [the FDA’s] expert determination that it is safe and effective,” would preempt state laws that ban its access “based on a state’s contrary conclusion about the drug’s safety and effectiveness. Keywords: abbott; access; act; ban; blockers; care; children; columbia; court; families; florida; gender; governor; health; health care; journal; law; medical; minors; note; people; puberty; state; supra; texas; transgender; transgender youth; youth
• Contesting and Controlling Abortion in China's Courts by Bodurtha, Molly; Liebman, Benjamin; Chenqian, Li; Xiaohan, Wu (2024) - See Elsie Chen & Sui-Lee Wee, China Tried to Slow Divorces by Making Couples Wait. For much of the thirty-eight years in which the one-child policy was in effect, birth planning in China operated largely outside the legal system.26 As China shifts toward encouraging rather than restricting births,27 traditional views of gender roles and the family increasingly align with state policy. Keywords: abortion; arguments; aug; birth; bride; cases; child; china; chinese; city people; claims; cnty; columbia; comm; consent; courts; damages; defendant; disputes; dist; divorce; evidence; family; fault; female; gender; health; husband; journal; law; litigation; liu; male; man; marriage; marriage law; nat’l people; note; party; people; plaintiff; planning; policy; pregnancy; price; province; reproductive; return; rights; sex; spc; state; supra; supra note; violence; wang; wife; wives; women; yuan
• The Personal (Jurisdiction) is Political: The Reach and Overreach of Abortion Bounty-Hunter Laws by Geller, Sarah (2024) - 205 See Lewis, supra note 183, at 716 (“The interests of the forum state—interests themselves elusive of precise quantification—must presumably be weighed against the interests of other sovereign states in Columbia Journal of Gender and law 11745.1 likely impending cases involving state abortion laws, this push-and-pull seems to weigh heavily in favor of the states of the defendant, as much of the activities and events in question have likely occurred in that state. [https://perma.cc/K8NE-JYJH] (“It removes enforcement entirely from state jurisdiction, and vastly expands who can sue, and who can be sued, over abortions. Keywords: abortion; bounty; cases; columbia; contacts; court; defendants; forum; forum state; gender; hunter; journal; jurisdiction; laws; lawsuits; note; person; process; right; sovereignty; state; supra; supreme; texas; u.s; women
• Defamation in the Time of Deepfakes by George, Abigail (2024) - This Note, the first comprehensive analysis of deepfake pornography under defamation law, sketches a framework for advocates and judges to apply defamation to cases of deepfake pornography. Deepfake pornography,14 also known as sexual deepfakes,15 refers to synthetically created, sexually explicit images or videos of people that are produced without their consent.16 Deepfake pornography has targeted over 105,000 women, and nearly half of U.S. high school students have heard of deepfakes depicting classmates.17 Women affected by deepfake pornography have dropped out of 9 Keywords: abuse; act; ann; body; case; citron; columbia; columbia journal; consent; creators; damages; deepfake; deepfake pornography; defamation; defamation law; face; fact; gender; harm; image; journal; law; legislation; new; online; person; plaintiff; pornography; privacy; public; reputation; revenge; right; section; sex; statements; supra note; victim; videos; women
• Table of Contents & Masthead by CJGL Editorial Board (2016) - The Columbia Journal of Gender and Law (CJGL) is published by students at Columbia University School of Law. In fostering dialogue, debate, and awareness about gender-related issues, our goal is to advance feminist scholarship and gender and sexuality studies at Columbia Law School. Keywords: cjgl; columbia; gender; journal; law; school; university
• Table of Contents & Masthead by CJGL Editorial Board (2015) - The Columbia Journal of Gender and Law (CJGL) is published by students at Columbia University School of Law. Please direct general correspondence to the following addresses: Columbia Journal of Gender and Law Columbia University School of Law 435 West 116th Street New York, NY 10027 Email: jrngen@law.columbia.edu Subscriptions: Subscriptions are $65 per volume for institutions, $50 per volume for public interest organizations, $40 per volume for individuals, and $20 per volume for current students. Keywords: columbia; gender; journal; law; school; university
• Table of Contents & Masthead by CJGL Editorial Board (2015) - The Columbia Journal of Gender and Law (CJGL) is published by students at Columbia University School of Law. Please direct general correspondence to the following addresses: Columbia Journal of Gender and Law Columbia University School of Law 435 West 116th Street New York, NY 10027 Keywords: cjgl; columbia; gender; journal; law; school; university
• Table of Contents & Masthead by CJGL Editorial Board (2014) - The Columbia Journal of Gender and Law (CJGL) is published by students at Columbia University School of Law. Please direct general correspondence to the following addresses: Columbia Journal of Gender and Law Columbia University School of Law 435 West 116th Street New York, NY 10027 Keywords: cjgl; columbia; gender; law; school; university
• Obscenity, Morality, and the First Amendment: the First LGBT Rights Cases Before the Supreme Court by Ball, Carlos A. (2014) - The fact that the Court did not introduce its more robust defense of free speech rights until several years after One and Manual Enterprises leads me to conclude that the outcomes in those two cases are more persuasively explained through the kind of detailed exploration of changing judicial understandings of obscenity law that I provide in this Article, understandings that largely preceded the Court's two gay obscenity rulings. 28.2 COLUMBIA JOURNAL OF GENDER AND LAW I. Obscenity and Morality in the Courts from the Early 19th Century until the 1950s During approximately the first one hundred and twenty years of obscenity prosecutions in the United States (that is, roughly between the 1810s until the 1930s), courts frequently, and without much controversy or disagreement, pointed to the promotion of public mo- rality as the main objective behind obscenity laws. Whatever difficulties inhered in distinguishing between publications that had some social value from those that did not- difficulties clearly reflected in the rash of fractured Supreme Court obscenity cases that followed Roth'35 and in Justice Stewart's famous claim that, while it might not be possible to come up with an articulable definition of obscenity, he knew pornography when he saw it' 36-- the judicial review of obscenity regulations after Roth was significantly removed from the considerations of public morality that had dominated the legal analysis in decades past. Keywords: amendment; brief; cases; columbia; columbia journal; conduct; court; enterprises; gay; gender; government; homosexual; inc; interest; issue; journal; law; laws; lgbt; magazines; manual; materials; morality; new; obscenity; obscenity law; public; publications; question; rights; roth; sexual; society; state; statute; supra note; supreme court; time; u.s; united; years
• Intimate Partner Violence Against Asian American Women: Moving From Theory to Strategy by Lee, Donna H. (2014) - Examining social science data through an inter- sectional lens, this Article generates new approaches that are tailored to a specific demo- graphic group: Asian American women. Focusing on a defined problem as experienced by a discrete demographic population, I conclude by proposing strategies that are targeted to assist Asian American women. Keywords: abuse; access; american; asian; census; chinese; columbia; communities; community; court; culture; data; factors; family; gender; help; immigrant; immigration; ipv; journal; justice; korean; language; law; new; partner; population; race; risk; safety; services; shelter; social; south; state; study; supra note; survivors; u.s; united; vietnamese; violence; women; work
• Transforming "Shedets" Into "Keydets": an Empirical Study Examining Coeducation Through the Lens of Gender Polarization by Perdue, Abigail L. (2014) - These five women represent the female Brother Rats, while many VMI men perceive the vast majority of VMI women to be shedets-women who do not deserve to be at VMI and who received admission, special accommodations, rank, and other honors primarily because of their sex, not because of their merit. '' Nor did VMI women show special allegiance to other VMI women.222 In preparing for assimilation, VMI established an exchange program that brought female cadets from coed- ucational military programs to VMI and sent VMI upperclassmen to those schools.2 2 1 VMI hoped the female exchange students would serve as role models for the first female rats and enlighten upperclassmen about how coeducation functioned at their home institutions.2 24 Unfortunately, tension existed between the female exchange students and the female rats they were intended to mentor, and female rats usually treated the exchange students as other at the encouragement of the first classmen. Keywords: brodie; cadets; coeducation; columbia; court; female; feminine; gender; honor; impact; journal; law; masculine; military; respondents; sex; states; students; supra note; system; u.s; united; united states; virginia; vmi; vmi cadets; vmi women; women
• Table of Contents & Masthead by CJGL Editorial Board (2014) - The Columbia Journal of Gender and Law (CJGL) is published by students at Columbia University School of Law. Please direct general correspondence to the following addresses: Columbia Journal of Gender and Law Columbia University School of Law 435 West 116th Street New York, NY 10027 Keywords: cjgl; columbia; gender; law; school; university
• Table of Contents & Masthead by CJGL Editorial Board (2013) - The Columbia Journal of Gender and Law (CJGL) is published by students at Columbia University School of Law. Please direct general correspondence to the following addresses: Columbia Journal of Gender and Law Columbia University School of Law 435 West 116th Street New York, NY 10027 Keywords: columbia; gender; law; school; university
• Table of Contents & Masthead by CJGL Editorial Board (2013) - The Columbia Journal of Gender and Law (JGL) is published by students at Columbia University School of Law. In fostering dialogue, debate, and awareness about gender-related issues, our goal is to advance feminist scholarship and gender and sexuality studies at Columbia Law School. Keywords: columbia; gender; ginsburg; law; ruth; school; university
• What a Waste. Beautiful, Sexy Gal. Hell of a Lawyer.: Film and the Female Attorney by Miller, Carolyn Lisa (1994) - One more implication should be added to this list: denigration of women as capable attorneys, and the inability of women attorneys to be capable human beings. They are the imagistic manifestation of the demise of feminism, cinematic proof that women attorneys cannot have both professional and personal Iives. Keywords: attorney; character; client; columbia; edge; female; film; gender; identity; kathleen; law; narrative; power; public; relationship; scene; sexuality; spectator; sphere; suspect; viewer; violence; women
• Force African-American Fathers To Parent Their Delinquent Sons--A Factor To Be Considered At The Dispositional Stage by Langston, Lundy (1994) - The results of rearing Black children in a white environment have been mixed, however. This paper was presented to the Feminism and Legal Theory Workshop entitled Parents and Children: Evolving Issues In Reproductive Rights and Relationships, held at Columbia University School of Law. Keywords: african; american; child; children; custody; family; fathers; gender; interests; law; male; note; parent; placement; race; role; society; state; struggle; supra; white; women
• Why Have You Been Silent? The Church and the Abortion Ban in South Africa by Camp, S. Talcott (1994) - 96 Sarkin-Hughes & Sarkin-Hughes, supra note 63, at 375. Race Relations Survey 1993/94, supra note 5, at 84. 1994] Columbia Journal of Gender and Law For the years 1983 to 1985, only 4% of the legal abortions were for African women, although Africans constitute 76% of the population; 80% of the legal abortions were for white women, although whites constitute only 13% of the population; and 13% and 3% of the legal abortions were for Coloured and Asian women, respectively.9 For twelve-month periods in 1984 to 1985 and 1988 to 1989, there were 712 and 963,legal abortions, respectively. In the earlier period, 79% were for white women, 5.3% were for African women, and 609 women-presumably almost all of them white-went to Britain to obtain safe abortions. Keywords: abortion; abortion ban; act; africa; apartheid; ban; christian; church; gender; health; law; note; relations; silence; south; south africa; supra; supra note; women
• Keynote Address by Spade, Dean (2010) - This question helps avoid taking on law reform work that is merely symbolic, changing what the law says about us and legitimizing its operation, but having no actual impact on conditions of harm and violence and the immediate needs of trans people. Columbia Journal of Gender an Law center an understanding of the racialized and gendered violence that is produced by and constitutes American law For example, some of us have been questioning whether it is wise to use privacy arguments to talk about what is wrong with the experiences trans people are having with various policy changes that are emerging out of the War on Terror. Keywords: color; columbia; criminal; demands; gay; gender; journal; justice; law; organizations; people; politics; reform; rights; social; systems; trans; violence; work
• Family Law Scholarship Goes to Court: Functional Parenthood and the Case of Debra H. V. Janice R. by Goldberg, Suzanne; Antczak, Harriet; Musico, Mark (2011) - COLUMBIA JOURNAL OF GENDER AND LAW protecting the interests of legal parents and fairly addressing the interests of functional parents. For additional scholarly discussion of the Principles, see J. Herbie DiFonzo, Toward a Unified Theory of the Family: The American Law Institute s Principles of the Law of Family Dissolution, 2001 B.Y.U. L. REV. 923, 938 (2001) (describing aim of the Principles to resolve the tension between the allocation of full recognition to legal parents and thc harm that results from disallowing the maintenance of bonds between children and functional parents); Barbara Bennett Woodhouse, Horton Looks at the ALI Principles, 4 J.L. & FAM. STUD. Keywords: approach; child; children; columbia; consent; court; family; family law; gender; journal; law; new; parent; parenthood; principles; professor; relationship; school; york
• Recentering Women in Judicial Decisions on Reproductive Practices: U.S. and Israeli Case Studies by Bassan, Sharon (2025) - The report alerted that increasing the number of women surrogates might relax the scrutiny involved in involving women who are unsuitable for the practice and might end up exploited or hurt. However, while the study provides nationally representative findings for U.S. women aged 15–44, its adoption-related conclusions apply specifically to never-married women aged 18–44, resulting in sample sizes of 9,662 in 1973, 4,623 in 1982, 5,280 in 1988, and 6,833 in 1995. Keywords: abortion; access; adoption; analysis; arad; autonomy; bassan; bodies; case; children; columbia; columbia journal; couples; court; decision; discourse; dobbs; family; gender; health; interests; israel; journal; law; legal; life; market; narrative; parents; pinkas; power; practices; pregnancy; process; rhetoric; right; ruling; services; sex; state; supra note; surrogacy; surrogates; u.s; women
• Pot Without Patriarchy: Gender Equity in the Adult-Use Cannabis Industry and the Feminist Cooperative Model by Koonce, Nicole (2025) - It summarizes the precarious legal landscape created by the system of “cannabis federalism” and its consequences for cannabis businesses, details existing data on women holding executive and ownership positions in the industry as compared with other business sectors, and explores puzzles that those statistics pose. 29 See infra Part I.B. Columbia Journal of Gender and law248 45.2 are able to enter a state’s newly created recreational market and get a first-mover head start on sales.30 Allowing, or even mandating, that cannabis businesses be vertically integrated— meaning that they control all stages of cultivation, processing, and selling “from seed to sale”—can also effectively limit access to the market to only the most well-resourced and capitalized businesses.31 Too much local control in the implementation of a social equity plan can be detrimental, too. Keywords: action; affirmative; businesses; cannabis; cannabis businesses; cannabis equity; cannabis industry; capital; columbia; columbia journal; control; cooperative; court; drug; equity; federal; female; gender; gender equity; industry; journal; law; marijuana; market; new; ops; ownership; policy; programs; social; states; support; supra note; use; use cannabis; war; women
• An Antitrust Approach to Sex Equality by Sanders, Bailey K. (2025) - It calls not only for active antitrust enforcement in the markets key to women’s labor force participation but also for full- throated competition advocacy on behalf of women consumers and workers—advocacy that targets legislators and the public alike. Compared with other women in the United States, Black women have always participated in the labor market at much higher rates, primarily in low-wage agricultural or domestic service positions. Keywords: ability; abortion; access; antitrust; care; catholic; columbia; competition; consumer; consumer markets; efficiency; enforcers; equality; federal; force participation; formula; ftc; gender; gender equality; goals; health; hospital; journal; labor; labor force; labor market; law; laws; market; note; participation; products; reproductive; rev; services; sex; states; supra; time; u.s; united; welfare; women; work
• Invisible Labor, Invisible Rights: An Intersectional Analysis on the United States’ Au Pair Program by Zeng, Xueying (2025) - The United States Information Agency, an agency regulating foreign cultural exchanges as a product of the Cold War, administered the two-year pilot program.77 The legislative history has faced criticism from advocates and scholars, particularly regarding whether the program truly fostered reciprocal cultural exchange or merely introduced inexpensive child care to American households.78 Despite these criticisms, the program has persisted, fueled by demand from host families and lobbying efforts by au pair agencies, which profit substantially from both host families and au pairs.79 Since the early 2010s, a significant demographic shift has occurred in the United States’ au pair population.80 In the early 2010s, the au pair population shifted from being primarily Western European to a more diverse composition—while roughly half of au pairs remained Western European, the rest came from Latin America, Africa, Eastern Europe, and Asia.81 73 See id. 74 See, e.g., Davis, supra note 72, at 2; Cox, supra note 70, at 3; Rosie Cox, The Au Pair Body: Sex Object, Sister or Student?, 14 eUr. Scholars have noted that it can be difficult to successfully attain the educational goals as advertised by au pair agencies.168 The program itself does not offer accredited degrees, certifications, or credited courses.169 Au pairs usually take classes ranging from Zumba to ESL (English as a second language classes) that hardly provide them with the qualifications or professional capacities they envision.170 In addition, host families may thwart their au pair’s education, believing that her coursework deviates her attention from childcare.171 The United States immigration regime provides few viable means for au pairs to remain in the country legally after their program ends, despite the idealized vision of the American Dream au pair agencies promote. Keywords: american; au pair; beltran; class; columbia; columbia journal; cultural; department; domestic; employers; exchange; families; family; gender; host; immigrant; immigration; journal; labor; law; minority; pair program; pairs; program; rights; state; status; supra note; u.s; united; wage; women; workers
• Birth in Prison: Systemic Discrimination Barriers to Acknowledging the Legal Personhood of the Child by Hansen, Robin F. (2025) - A “dying” Indigenous person is one who is socially constructed as naturally dying or disappearing due to their own deficiency, a label used to mask deaths, including those from police/prison violence or healthcare neglect, one that includes the “drunken” Indigenous person stereotype.36 Once a “dying” label is applied to an Indigenous person in legal system 32 See Mary Beth Oliver, African American Men as “Criminal and Dangerous”: Implications of Media Portrayals of Crime on the “Criminalization” of African American Men, 7 j. aFR. By identifying and rejecting discriminatory norms in legal system communications, the rights of children can be better projected. Keywords: birth; bonding; child; children; columbia; discrimination; gender; health; journal; law; mother; person; prison; rights; system; women
• To Prison, With Mom: International Due Process Issues for Children and Mothers Posed by Prison Nurseries by Johnson-Gomez, Alexa; Matonich, Julie (2025) - Columbia Journal of Gender and law20 46.1 B. Children in Prison with Their Mothers Given the negative impacts of parental incarceration,28 the existence of prison nurseries can seemingly make sense—but no broad consensus has been reached on whether prison nurseries are a net good.29 Proponents of prison nurseries would advocate that maintaining the bond between mother and child can foster secure attachment, which is critical for children to grow into healthy, independent, and resilient adults.30 Additionally, prison nurseries have been shown to have positive effects on the mothers who participate in them, improving parenting skills and reducing recidivism rates.31 On the other hand, there is no demonstrated consensus regarding the impacts on the development and well-being of children who have lived in prison.32 Most human rights advocates would agree that prisons are not appropriate environments for children and can result in trauma and stigmatization.33 Yet forced separation of a baby or child from their incarcerated mother has the potential to lead to worse outcomes for the child if the community care arrangement is inadequate.34 One longitudinal study did indicate that a child who previously resided in a prison nursery as an infant/toddler will have better mental health outcomes at the preschool age than their counterpart who was separated from 28 In summary, the international legal framework for protecting the rights of children who reside with their mother in prison is primarily rooted in the CRC, with the BIC standard 51 See Van Hout et al., Children in the Prison Nursery, supra note 33, at 3. Keywords: child; children; columbia; crc; gender; interests; mother; note; prison; process; rights; supra; supra note; women
• The Early Punishment of Accused Women: Experiences of Pretrial Detention of Mothers and Children in a Maternal-Child Unit in Chile by Rufs, Catalina; Osorio, Victoria; González, Francisca; Carvacho, Pablo (2025) - While some pointed out that “no one is going to take care of a child better than his mother,” others highlighted that the absence of support networks, and more specifically, the absence of other women in their environment who could take care of their children, were factors that led them to make their decision. Columbia Journal of Gender and law62 46.1 The early PunishmenT of accused Women: exPeriences of PreTrial deTenTion of moThers and children in a maTernal- child uniT in chile CATALINA RUFS,* VICTORIA OSORIO,** FRANCISCA GONZÁLEZ,*** & PABLO CARVACHO**** Abstract The widespread use of pretrial detention as a response to crime has led to an increase in the population deprived of liberty in Latin America and the Caribbean. Keywords: access; care; children; chile; columbia; columbia journal; conditions; detention; gender; health; journal; law; liberty; life; living; mothers; note; pains; penitentiary; prison; rights; services; social; study; supra; system; unit; women; years
• Accidental Carceral Subjects: Reassessing the Prison Nursery Model in India by Shah, Stuti (2025) - Such children are effectively compelled to live in prison until the age of six, without a critical assessment of whether this arrangement truly serves their best interests. Furthermore, when women were incarcerated, they were often left with no choice but to bring their children along with them, particularly if there was no one to care for their children on the outside.29 From the very inception of the modern prison in India, children of incarcerated mothers were subjected to the same brutal conditions as their mothers, 25 See Neelam Sukhramani & Shivangi Gupta, Children of Incarcerated Parents, 57 IndIan PedIatRICs 199, 199–203 (2020). Keywords: age; article; carceral; care; children; columbia; conditions; gender; india; journal; law; mothers; note; nurseries; nursery; parents; prison; prisoners; r.d; rights; state; supra; supra note; system; term; upadhyay; women
• Gate(s) Keeping or Scot(t) Free? The Legal Environment of Marital Surname Use, Post-Divorce by Gregory R. Bordelon (2025) - The thesis of this work was not implicated because she chose to initiate proceedings under the state’s formal name change procedure, an avenue to which anyone may resort (subject to the common standards regarding fraud and avoiding confusion in name change statutes). Id. at 735. 267 Courts have disallowed certain requests for name changes, and many of their justifications have found their way into name change statutes. Keywords: ann; autonomy; birth; change; children; code; columbia; court; decree; divorce; gender; husband; individual; journal; law; laws; marital; marriage; names; naming; new; note; party; person; reg; request; right; sess; spouse; state; statute; supra; surname; surname change; surname usage; use; westlaw; wife; woman
• Laboratories of Reproductive Justice: State Amendments and the Right to Paid Family Leave by Pamela Chen (2025) - [hereinafter Positive Rights] (discussing how most state courts adopt the “trend of post- Lochner federal constitutional law and accord great deference to legislative decisions” when interpreting the scope of state constitutional rights). L. 153 (2018) (surveying how some state courts have dismissed state constitutional rights cases on political question grounds); Wiles, supra note 38 (exploring the range of socio-economic rights enforcement abroad). Keywords: abortion; amendments; art; care; columbia; const; constitution; courts; family; freedom; gender; health; individual; journal; justice; law; leave; michigan; note; reproductive; rev; rights; self; state; supra; wage; workers
• Discerning One Primary Purpose From Two:: The Inconsistent Treatment of Sexual Assault Nurse Examiner Testimony Under the Sixth Amendment’s Confrontation Clause by Tessa DeFranco (2025) - This Note explores Confrontation Clause jurisprudence in the context of victim statements made during Sexual Assault Nurse Examiner (SANE) examinations and demonstrates how the divergent approaches taken by courts around the country have left defendants, law enforcement, SANEs, and victims without a coherent framework governing the admissibility of these statements at trial. Part III explicates how courts throughout the United States analyze the testimonial nature of statements made by victims of sexual assault in the context of SANE examinations. Keywords: assault; clause; columbia; confrontation; court; evidence; examination; gender; journal; law; medical; nurse; police; primary; purpose; sane; statements; testimonial; testimony; u.s; victim
• “Feminist Jurisprudence” – The 1990 Myra Bradwell Day Panel by Clauss, Carin; Schneider, Elizabeth M.; Bertin, Joan; Finley, Lucinda (1991) - Other relevant questions are not even addressed: whether such women are capable of taking care of their children, whether they have taken care of other children successful- ly, or whether the children have a father who has taken care of them or is capable of taking care of them. Such women cannot obtain treatment, but are then punished for their drug habits by being declared unfit mothers. Keywords: civil; columbia; discrimination; earnings; employment; experience; feminist; feminist theory; gender; issues; jobs; law; male; note; pay; process; rev; rights; sex; supra; system; theory; title; u.s; vii; wage; women; work; worth
• Two Women Attorneys and Country Practice by Tarr, Nina W. (1992) - [Vol. 2:1 Country Practice Studies on women lawyers have focused mainly on women from presti- gious law schools and large law firms.9 She argues that although theorists try to be I See, e.g., Jill Abramson & Barbara Franklin, Where They Are Now: The Story of the Women of Harvard Law 1974 (1986) (describing the experiences of women who graduated from Harvard in 1974, and discussing the structure of the firms, parenting, burning out, climbing to the top, and alternative careers); Women Lawyers: Perspectives on Success (Emily Couric ed., 1985) (a series of articles about women lawyers written by the lawyers themselves, and covering firms, legal aid, public interest, etc., but nothing on small town practice). Keywords: attorney; cases; city; clients; community; county; firm; flinthills; gender; jennie; jim; judge; law; lawyers; mary; practice; school; women; work
• “Inthuthuko Means That We Are Going Forward”: Hearing the Voices of Domestic Workers in South Africa by Cole, Melissa (1992) - This information, I decided, would form the basis for an article on the conditions of African women in South Africa. My paper therefore focuses on their experiences as especially illustrative of the various limitations and frustrations of life for African women in South Africa. Keywords: act; african; black; children; cock; columbia; difference; employer; experiences; feminist; gender; gordon; interview; johannesburg; journal; law; people; south; stories; supra note; voices; vol; white; women; workers; working
• A Ring of Voices: Reflections on The Alchemy of Race and Rights by Horn, Sharon K.; Cordano, Roberta J.; McCafferty, Maureen; Patterson, G.; Babcock, Barbara Allen; Peirce, Michael; Khosla, Dinesh; Romany, Celina; Hing, Bill Ong (1992) - She was also undoubtedly hoping to communicate with people having a variety of other life experiences. That I couldn't believe that they had lost all of that by the second day of law school. Keywords: alchemy; american; book; color; columbia; experience; gender; identity; journal; law; law school; life; lives; new; pat; patricia; people; race; reflections; rights; school; self; students; vol; way; williams; women; work; world; writing
• Equality and Abortion: Legitimating Women’s Experiences by Harding, Sarah (1992) - Rosalind Petchesky, Abortion as Violence to Women: A Feminist Critique, 18 Radical Am., no. 2-3, at 64, 67 (1984); see also Olsen, supra note 29, at 124. ' Beverly W. Harrison states: If we are ever to become genuinely serious about reducing the need for abortions in the United States, we must cut through the miasma of fear and suspicion about women's sexuality and confront, by concrete analysis of women's lives, the conditions that lead women to resort to frequent abortion. ... The strategy of Planned Parenthood in Casey seemed to be premised on an assumption that the fight in the Court had been lost, and that the struggle for abortion rights must now focus on the political arena. Keywords: abortion; approach; choice; decision; equality; fetus; gender; individual; law; life; note; pregnancy; privacy; reproductive; right; states; supra; supra note; women
• Redescribing Privacy: Identity, Difference, and the Abortion Controversy by Cohen, Jean C. (1992) - Further, I do not believe that some other justification, be it an equal protection argument, one appealing solely to the freedom of conscience, or one based exclusively on the idea of bodily integrity, could serve as an adequate normative substitute for privacy rights in this domain.3 Nor do Privacy Is Important, in id. at 290; Jeffrey H. Reiman, Privacy, Intimacy, and Personhood, in id. at 300. I shall argue below both that a constitutionally protected right to personal privacy is indispens- able to any modern conception of freedom and that without reproductive freedom, secured in part by such a right, women are deprived of the good that privacy rights are meant to, and should, protect for all of us. Keywords: abortion; abortion rights; argument; autonomy; conception; court; decision; family; gender; glendon; identity; individual; law; life; moral; note; personal; privacy justification; privacy rights; property; public; roe; sandel; self; social; state; supra; supra note; u.s; women
• A Jurisprudence of Doubt: Deliberative Autonomy and Abortion by Cohen, Jane Maslow (1992) - For this purpose, let us adopt a perspective that will enable us to consider deliberative autonomy in respect to the holders of constitutionally recognized rights other than abortion rights. By 1855, she had joined other women in public efforts on behalf of the abolition movement, a movement that helped to reinforce American feminism-by then, a social and political movement itself°9-in its collective attempts to obtain equal opportunity for women, symbolized, 104 Keywords: abortion; abortion law; abortion right; american; analysis; autonomy; campaign; casey; century; coalition; columbia; consent; court; decision; doubt; equality; gender; government; health; history; interest; journal; jurisprudence; justice; law; life; matter; medical; note; period; physicians; regulation; right; roe; state; stevens; supra; u.s; vol; women
• Beyond the Solitary Self: Voice, Community, and Reproductive Freedom by Mertus, Julie A. (1992) - 150 Years of the Experts' Advice to Women (1978); Sondra Farganis, Social Reconstruction of the Feminine Character (1986); The Future of Difference (Hester Eisenstein & Alice Jardine eds., 1985); Susan Griffin, Woman and Nature (1978); Carolyn G. Heilbrun, Toward a Recognition of Androgyny (1964); Women Look at Biology Looking at Women (Ruth Hubbard et al. eds., 1979). Other women of color face their own history of oppression wrought by colonization, a history not shared with white women. Keywords: abortion; american; approach; color; columbia; communities; community; control; court; difference; feminist; freedom; gender; harv; health; individual; journal; justice; l. rev; l.j; law; mackinnon; note; participation; process; race; reproductive; rev; rights; self; sex; society; state; supra; supra note; theory; u.s; voice; white; women
• Legislating the Female Body: Reproductive Technology and the Reconstructed Woman by Karpin, Isabel (1992) - In this construction, the female subject is disempowered through a patriarchal reconstructive imperative that designates the female body as environment for the fetus, and in so doing identifies toxic dangers, atmospheric collapse, and world (female body) destruction as the greatest threats to the fetus. But to state, as the newspaper article clearly does, that the embryos will be implanted in surrogates, removing even the need to identify these women as women, or: even as female bodies, rhetorically eliminates the woman from the discussion. Keywords: body; case; child; construction; control; court; embryos; female; fetus; gender; law; legislating; mother; science; use; woman
• Poverty, Reproduction, and Autonomy in the Welfare State: Some Thoughts on the Ethics of Social Policy Legislation by Weinberg, Joanna K. (1992) - * Doris B. Hammond, Health Care for Older Women: Curing the Disease, in Women as Elders: The Feminist Politics of Aging (Marilyn J. Bell ed., 1986). 5 Older Women: Increased Burdens on Autonomy Another issue, more difficult to describe and document because it has so far evaded close scrutiny, is the gradual and pervasive constriction of autonomy for older women. Keywords: abortion; autonomy; benefits; care; child; children; court; family; gender; health; income; individual; jobs; law; legislation; note; policy; poverty; programs; recipients; reproductive; rev; rights; services; state; support; supra; supra note; welfare; welfare state; women; work
• The Midwife’s Tale: Old Wisdom and a New Challenge to the Control of Reproduction by Martin, Dianne L. (1992) - Until the rise to dominance of the medical model, in Western society at least, from the earliest recorded times, the site of male control over reproduction has been the control of midwifery-first by the church and later by science and the state.55 That story is considered in this paper both because it illuminates the present, and because its telling and its historiography have helped to shape the contem- porary debate into one over who offers the best in scientific skill and expertise in reproductive health matters.56 The Church was the institutional organ that controlled midwives 52 Rothman, supra note 15, at 122; see also Helen Roberts, The Patient Patients: Women and Their Doctors (1985) (illustrating how the control of knowledge wields power over women, particularly when women are patients). The Midwife's Tale: Old Wisdom and a New Challenge to the Control of Reproduction THE MIDWIFE'S TALE: OLD WISDOM AND A NEW CHALLENGE TO THE CONTROL OF REPRODUCTION Dianne L. Martin* I. INTRODUCTION Reproductive rights for women remain elusive and contested. Keywords: birth; canada; care; childbirth; class; columbia; control; gender; health; knowledge; labor; law; male; medical; medicine; midwifery; midwives; new; notes; ontario; practice; profession; reproduction; state; supra note; text; united; women
• Pregnant Men by Colker, Ruth (1993) - 2 If the first group, pregnant persons, had included both men and women, the Court would have found it easier to evaluate whether gender-based discrimination was taking place, because it then could have determined whether pregnant women were being treated with greater disfavor than pregnant men. The program divides potential recipients into two groups - pregnant women and nonpregnant persons. Keywords: baby; biological; case; child; class; court; differences; gender; ivf; law; male; man; mary; mother; pregnancy; society; sperm; sue; women
• A Troubled Inheritance: An Examination of Title III of the Violence Against Women Act In Light of Current Critiques of Civil Rights Law by Lesch, Sara E. (1993) - 2' Black women report that more often than not they are discriminated against as Black women; not as Blacks who happen to be female, nor as women who are incidentally Black.22 To resolve this in the Civil Rights Act of 1990, 79 Cal. 22 See, e.g., Judith T. Ellis, Sexual Harassment and Race: A Legal Analysis of Discrimination, 8 J. Legis. 30, 42 (1981) (citing a representative of the Working Women's Institute, an independent resource and research center on sexual harassment, as stating that the majority of black women who come to the Institute with complaints of sexual harassment suspect that they are dealing with instances of sex-race discrimination); The Combahee River Collective, A Black Feminist Statement, in All the Women are White, All the Blacks are Men, But Some of Us Are Brave: Black Women's Studies 13, 16 (Gloria T. Hull et al. eds., 1982). Keywords: act; case; discrimination; gender; iii; law; laws; motivation; note; plaintiff; race; requirement; rights; supra; supra note; title; title iii; vawa; violence; white; women
• Three Stories of Prostitution in the West: Prostitutes’ Groups, Law and Feminist “Truth” by Fechner, Holly B. (1994) - The Draft Statement from the Second World Whores' Congress in 1986, sponsored by the Internation- al Committee for Prostitutes' Rights, the umbrella organization of the Red Thread, highlights these tensions: Historically, women's movements (like socialist and communist movements) have opposed the institution of prostitution while claiming to support prostitute women. [sic] the Travels of Wilmette Brown, Gay News, Mar. 22, 1979, at 7. 63 From Panthers to Parliament, supra note 62, at 8 (quoting Wilmette Brown, 19941 Columbia Journal of Gender and Law because women face pervasive unemployment and discrimination.6' In a publication, The Rights of Prostitutes are the Rights of Women, the ECP claims that: Prostitute women are working to escape poverty, financial dependence on individual men and the low-wage ghetto reserved for women, particularly Black and immigrant women. ' Keywords: arguments; collective; columbia; critique; ecp; english; feminist; gender; groups; law; lives; mackinnon; money; pornography; prostitutes; prostitution; rev; rights; sex; socialist; society; states; stories; supra note; theory; thread; truth; use; violence; whisper; women; work; world
• Naughty By Nurture: Black Male Joyriding—Is Everything Gonna Be Alright? by Greene, Dwight L. (1994) - It is guns in the hands of other young Black men or the police. The media portrays crimes committed by young Black men---from joyriding to carjacking, murder, and rape---as the undifferentiated behavior of a dangerous and irrational group that is victimizing white society. Keywords: american; auto; behavior; black; car; cars; columbia; conduct; control; crime; criminal; gender; group; journal; joyriding; law; laws; males; media; men; n.y; naughty; new; newark; note; nurture; people; police; protest; society; supra; theft; times; white; young; youngsters
• A Strategy For Advocacy on Behalf of Women Offenders by Seldin, Stephanie Fleischer (1995) - Effective advocacy on behalf of women prisoners must acknowledge and even utilize gender distinctions in order to address these problems and to prevent the re-incarceration of women like Roxanne and Julia. I then use these theories to examine how effective litigation, legislation, and community-based programs are at remedying the three problems most affecting women prisoners. Keywords: advocacy; children; community; court; drug; gender; inmates; law; male; note; offenders; prison; prisoners; programs; state; supp; supra; supra note; treatment; women; women offenders; women prisoners
• Faeries, Marimachas, Queens, and Lezzies: The Construction of Homosexuality Before the 1969 Stonewall Riots by Arriola, Elvia R. (1995) - ' These unique interpretations of the dominant and rigid sex/gender value system, and the persistent way in which lesbian and gay working-class individuals adopted butch, femme, and camp roles despite the systematic harassment they provoked are essential to an understanding of the working-class lesbian or gay bar culture. The California legislature responded in 1955 and made it possible for the state to shut down gay bars throughout the fifties and sixties. Keywords: american; attitudes; bar; bars; behavior; class; community; culture; enforcement; fifties; gay; gays; gender; harassment; history; homosexual; homosexuality; identity; law; lesbian; middle; people; police; politics; queens; riots; sixties; society; state; stonewall; supra note; vice; women
• Puerto Rico’s Domestic Violence Prevention and Intervention Law and the United States’ Violence Against Women Act of 1994: The Limitations of Legislative Responses by Rivera, Jenny (1995) - The Violence Against Women Act provides a nonexhaustive list of the types of issues which should be addressed by these programs, including: rape and sexual assault by strangers and nonstrangers; the social and economic impact on society of rape, sexual assault, and domestic violence; the historical evolution of laws and attitudes on sexual assault and domestic violence; stereotyping of sexual assault and domestic violence victims; application of rape shield laws; rape trauma syndrome and post-traumatic stress syndrome; reasons rape victims refuse to testify; the nature and incidence of domestic violence; self-defense and the battered woman syndrome; reasons why victims do not leave their batterers; the implications of mutual orders of protection, dual arrest policies; and mediation in domestic violence cases. The official is responsible for: (a) providing and facilitating medical attention for any physical injuries; (b) providing transportation to a safe location if the woman expresses concern about her safety; (c) upon her request, providing protection and assistance to the woman as she recovers personal items from her residence or other location; (d) informing the woman about the importance of preserving the evidence of abuse; and (e) informing the woman about her rights and about the available public and private services for victims of domestic violence, as well as providing her with a fact sheet for domestic violence victims. Keywords: abuse; commission; court; criminal; d. sec; enforcement; gender; implementation; law; law enforcement; laws; legislation; national; officials; protection; puerto; report; rico; sec; social; state; vawa; violence; violence prevention; women
• Heeding Cassandra: The Neutered Mother, the Sexual Family, and Other Twentieth Century Tragedies by Vagelatos, John (1995) - Fineman neatly skewers this rhetorical shell game: Individual responsibility rhetoric neatly sidesteps the devastating impact of forces beyond individual control such as the global recession, the withdrawal of many businesses from the urban communities, and the restructuring or 'downsizing' resulting in lost employment and downward mobility that is occurring in our contemporary economy.47 Professor Fineman has a final criticism of both current and proposed welfare reform: the government's intrusion into welfare families. In Part III, I will detail how the current attacks on single welfare mothers are rooted in the dominant patriarchal ideology, and how these attacks allow the government to avoid responsibility for modern social problems. Keywords: caretaking; children; columbia; dependency; families; family; feminist; fineman; gender; gendered; government; ideology; law; mother; motherhood; note; power; reform; role; society; supra; time; welfare; women; work
• Human Rights, Violence Against Women, and Economic Development (The People’s Republic of China Experience) by Jordan, Ann D. (2019) - Contrary to See, e.g., Stanley Rosen, Women and Reform, China News Analysis, Jan. 15, 1993, at 1, 4-5 (depending on job sector, 21% to 80% of women workers were classified as redundant). Part IV uses the experiences of Chinese women during the period of economic reform since 1979 to illustrate the relationship between development and violence against women in a newly-developing market economy. Keywords: china; china women; chinese; countries; development; drd; female; gender; governments; human; international; labor; law; mainstream; mainstream development; male; note; people; prostitution; reform; report; rights; sex; state; status; supra; violence; women; work; workers; world
• Disarming Nicaraguan Women: The Other Counterrevolution by Figueroa, Evelyn (1996) - Women demanded a definition which treated all families equally and reflected the reality of Nicaragua-a reality in which an estimated 50% of the families are headed by women. Women Attempt to Control their Reproductive Lives: Contraceptives and Abortion The considerable burden which women shouldered during the Revolution and subsequent rebuilding of the nation, along with perpetual male irresponsibility fueled women's desire to limit reproduction. Keywords: abortion; amnlae; children; daughters; family; fsln; gender; law; male; murguialday; national; nicaraguan; participation; randall; revolution; rights; role; sandino; somoza; support; supra note; war; women; work
• Scripting Reality in the Legal Workplace: Women Lawyers, Litigation Prevention Measures, and the Limits of Anti-Discriminatiion Law by Bisom-Rapp, Susan (1996) - Women attorneys should not be required either to give up their dreams of [Vol. 6:1 Scripting Reality career decisions of women attorneys. Scripting Reality in the Legal Workplace: Women Lawyers, Litigation Prevention Measures, and the Limits of Anti-Discrimination Law SCRIPTING REALITY IN THE LEGAL WORKPLACE: WOMEN LAWYERS, LITIGATION PREVENTION MEASURES, AND THE LIMITS OF ANTI-DISCRIMINATION LAW Susan Bisom-Rapp* I. INTRODUCTION During my third year of legal practice, a single spoken sentence led me to consider at length the position of women attorneys in Wall Street law firms. Keywords: attorneys; cases; columbia; court; decision; defense; discrimination; discrimination law; employer; employment; employment discrimination; employment law; epstein; evidence; firm; gender; journal; law; law firms; lawyers; litigation; male; martin; notes; partners; performance; practice; professional; reality; review; scripting; supra note; vol; women; women attorneys; work
• Voices/Voces in the Borderlands: A Colloquy on Re/constructing Identities in Re/constructed Legal Spaces by Harrison, Melissa; Montoya, Margaret E. (1996) - Another progressive legal scholar, Christopher Gilkerson, employs translation as a metaphor for lawyering, and specifically for receiving and recomposing client stories in the context of a poverty law practice. To an extent greater than other clients, Frank has imbedded himself in my consciousness and in my heart. Keywords: article; borderlands; client; color; columbia; culture; cunningham; difference; essentialism; experience; feminist; frank; gender; identities; journal; language; law; lawyer; life; lives; note; stories; story; students; supra; supra note; tara; translation; voices; vol; way; white; women; work
• Book Review: The Imaginary Domain, by Drucilla Cornell by Dougherty, Terence (1996) - The problem with this approach to gender equality became apparent: it can not address those aspects of a struggle for feminist equality that are specific to women. Initially, the feminist appeal to equality involved the claim that men and women are essentially the same. Keywords: cornell; domain; equality; gender; imaginary; law; model; women
• The Knowledge/Power Dilemma and the Myth of the Supermother: a Critique of the Innocent Owner Defense in Narcotics Forfeiture of the Family Home by Morrison, Mairi N. (1997) - Undoubtedly, black mothers have been scapegoated for the problems of the black community through, as Dorothy Roberts puts it, the myth of the Black matriarch, the domineering head of the Black family. The report argued that slavery had forced the community into a matriarchal structure which, because it was so out of line with the rest of American society...seriously retards the progress of the group as a whole. Readers might well wonder how easy the black civil rights leaders had made it for Senator Moynihan's Committee to blame black mothers. Keywords: black; case; children; class; community; darby; defense; drug; family; forfeiture; gender; home; house; knowledge; law; mother; myth; narcotics; owner; power; rev; smith; u.s; white; women
• Compelling Pregnancy at Death’s Door: Heeding Harms to Women by Taylor, Katherine A. (1997) - Our choice about what legal duties to impose on pregnant women fetus must adequately be informed by meaningful respect for their bodily autonomy. Connecticut apparently even bars pregnant women from executing a living will or appointing a healthcare proxy altogether, statutory rights it bestows on all other competent adults.' Keywords: abortion; advance; ann; benefit; care; child; code; court; fetal; fetus; gender; group; harm; health; interest; law; legal; liberty; life; living; medical; mother; patient; persons; pregnancy; pregnancy restrictions; protection; proxy; rev; right; state; subordination; supp; supra note; treatment; viability; woman
• Closing My Eyes and Remembering My Self: Reflections of a Lesbian Law Professor by Miccio, G. Kristian (1997) - He also knows that the reconfiguration of self defense law is based on women's lives-and how violence destroys those lives. Conversation with Valerie Malcom. Keywords: class; court; faculty; gender; hardwick; law; lesbian; malcom; professor; rights; school; self; students; violence; women
• The Illusion of Suffrage: Female Voting Rights and the Women’s Poll Tax Repeal Movement After the Nineteenth Amendment by Podolefsky, Ronnie L. (1998) - They describe the women's movement after 1945 as an elite-sustained movement, quite homogeneous, being overwhelmingly composed of white women... During the same period, white women averaged $10 in Georgia and black women averaged $6 a week. Keywords: alabama; amendment; black; civil; committee; court; durr; gender; groups; illusion; journal; law; movement; national; ncapt; ogden; poll tax; repeal; rights; rights movement; state; suffrage; supra note; tax; tax repeal; taxes; time; u.s; virginia; vote; voting; white; women
• What Every First Year Female Law Student Should Know by Torrey, Morrison; Ries, Jennifer; Spiliopoulous, Elaine (1998) - The Committee then named six all- female investigative teams (comprised of one judge and one practicing attorney) who interviewed both Columbia Journal of Gender and Law Examples provided in the study ranged from what might be perceived as fairly trivial behavior, e.g., a male professor who gave unwanted attention, noticed by other students, to a female student on two separate occasions,29 to more extreme conduct, e.g., a male professor, in the company of two male students at a bar, who was overheard using the coarsest of language in rating women students in his class.' 3Id Female professors characterize this conduct as deleterious for all students, but particularly for women students since it often creates a competitive paranoia among students and makes everyone believe that women use sex to get ahead. Keywords: bias; class; classroom; color; education; environment; experience; faculty; female; gender; harassment; journal; law; law school; law students; note; participation; performance; professors; schools; students; studies; study; supra; supra note; women; year
• Domestic Violence in Black and White: Racialized Gender Stereotypes in Gender Violence by Fenton, Zanita E. (1998) - The intention of the media in using this statement was quite clearly to show that black women were unsympathetic to the issues of domestic violence. One columnist said of the reactions to O.J.'s acquittal and its aftermath, And nowhere was that divide more stark than it was between black women and white women, Isabel Wilkerson, Whose Side to Take: Women, Outrage And the Verdict on O.J. Simpson, N.Y. Times, Oct. 8, 1995, sec. 4, 1. Keywords: abuse; african; american; black; case; columbia; context; criminal; evidence; fact; gender; gender stereotypes; hill; issues; journal; jury; justice; law; male; man; means; media; nicole; o.j; people; power; race; racism; rape; simpson; society; stereotypes; supra note; system; trial; victim; violence; vol; white; women
• Don’t Awaken the Sleeping Child: Japan’s Gender Equality Law and the Rhetoric of Gradualism by Knapp, Kiyoko Kamio (1999) - ° Consequently, Japanese women tend to perceive that American working women are in an enviable position, which enables them to pursue a career without many gender-based constraints.2' American women may, however, assert that such a perception is incorrect. The preceding scenario is based on a letter to the editor published in Japan's major newspaper, Asahi Shimbun, on July 1, 1994.2 Written by Yayoi Norii, a thirty-five-year-old aspiring female attorney, the letter revealed a harsh reality surrounding Japanese women in the legal profession. Keywords: american; bfoq; columbia; court; discrimination; eeol; employers; employment; equality; equality law; female; following; gender; gender discrimination; gender equality; individual; japan; japanese; job; journal; labor; law; opportunity; rights; sex; society; states; supra note; title; u.s; united; vii; vol; women; workers
• Federalism and Family by Adler, Libby (1999) - The Act eliminated the $50 incentive payment, moving to a purely punitive model.67 Federal regulations provide that failure on the part of the recipient to cooperate results in a monetary sanction of at least 25% of the welfare grant-though states may impose a higher penalty, even denying a family the entire amount of its grant, if they choose.6 8 The cooperation requirement is an example of federal family law. Federal tax law without federal family law is unimaginable. Keywords: act; child; children; commerce; court; dailey; exception; family assistance; family law; family matters; federalism; gender; interstate; jurisdiction; lopez; marriage; note; rights; rule; state; state law; support; supra; supra note; united; violence; welfare; women
• Introduction by Dempsey, Lawrence; Rana, Shruti (2000) - So what will the next ten years bring for law, gender issues and feminism? Columbia Journal of Gender and Law improvement. Keywords: gender; journal; law
• Two Anniversaries of Challenge and Change by Schafran, Lynn Hecht (2000) - In 1980, knowledgeable judges, lawyers, and journalists told NJEP that judges would never acknowledge that gender bias was a problem in their courts or an appropriate subject for judicial education. When I was a Columbia Law School student in the early 1970s taking then Professor Ruth Bader Ginsburg's class and seminar on sex discrimination law, the focus was on litigation to eliminate gender-biased statutes and legislation to bar gender bias in the workplace and educational institutions. Keywords: bias; education; gender; judges; women
• On the Columbia Journal of Gender and Law’s Future Role by Weinstein, Jack B. (2000) - While substantive gender rights may be increasing, the right to a sufficiently compensated lawyer when and where needed is increasingly attenuated-even in capital cases.3 On the international level, there will be increasing pressure to protect men's, women's and children's rights and opportunities by treaty and the growth of international law; through international tribunals such as the International Criminal Tribunal for the Former Yugoslavia on matters such as rape, and the International Criminal Tribunal for Rwanda on genocide; through national and international courts such as the European Court of Human Rights on killings by state agents or torture of children by parental beatings, or the Inter-American Court of Human Rights on disappearances; 4 by private persons and non-governmental agencies opposing child labor on products brought into the United States; and by governmental pressure to improve women's rights and eliminate slavery, as by action of the United States State Department in Afghanistan and the Sudan. Implicated in such a view will be the more intractable sociological problems of individuals in one-on-one relationships or community situations, of single parenthood and of child rearing in nontraditional and traditional families, of the continuing intergenerational effects of poverty, poor education and cruel childhoods, and of heritage-based views of man-woman characteristics and affinities, particularly in terms of real equality of opportunity. Keywords: gender; rights; women
• Inclusions and Exclusions in Work-Family Policy: The Public Values and Moral Code Embedded in the Family and Medical Leave Act by Bornstein, Lisa (2000) - Reg. 2180 (1995); Mathiason, supra note 191 (noting that this definition does not entitle an employee to take family care leave or medical leave for a significant other or a registered domestic partner). 29 3 Building on Justice Ginsburg's opinion in United States v. Virginia, 2 9 4 Professor Kovacic-Fleischer argues that we must require institutional accommodations for 'celebrated' differences, including employer accommodation of family obligations in which the employer internalizes some of the costs of family work, which traditionally have been borne by families without recompense even though childcare benefits the workplace. Keywords: act; benefits; care; children; employees; employer; families; family; family policy; fmla; gender; health; labor; law; leave; leave act; medical; percent; policy; supra note; u.s.c; women; work; workers; workplace
• The Equal Protection Problem in Sexual Harassment Doctrine by Lehman, Brian (2000) - An Equal Protection analysis coupled with Oncale's holding--that same- sex sexual harassment is actionable-brings the doctrine of sexual harassment to the crossroads. 81 A final pragmatic argument demonstrates why relying on a harasser's sexual orientation in sexual harassment cases classifies plaintiffs by their sex. Keywords: cases; conduct; courts; environment; evidentiary; female; gender; harassment; male; oncale; plaintiffs; protection; sex; sex discrimination; title; u.s; vii; women; work
• Gender and the “Membership in a Particular Social Group” Category of the 1951 Refugee Convention by Binder, Andrea (2001) - The Swedish representative explained only that experience had shown that certain refugees had been persecuted because they belonged to particular social groups. 49 See, e.g., Cheung v. Canada (M.E.I.), [1993] 102 D.L.R. (4th) 214 (the Federal Court of Canada concluding that Cheung belongs to a particular social group of Chinese women who had more than one child and faced forced sterilization); VG Frankfurt a.M. [German Administrative Court Frankfurt am Main], Oct. 23, 1996, 5 E 33532/94, excerpts reprinted in 3 Streit 130 (1997) (concluding that the claimant belonged to the social group of single women living in Afghanistan without male protection who have to appear in public in order to earn their living and are thus threatened with the accusation of violating the strict Islamic social mores); Refugee Status Appeals Authority, New Zealand, Refugee Appeal No. 203,9/93 Re MN, Apr. 5, 1995, cited in 9 I.J. Refugee L. 111, 156 (Special Issue on Gender- Based Persecution Autumn 1997) (accepting as social group women who, as a result of their deeply held values, beliefs, and convictions, reject or oppose the way in which they are treated in Iran, and the attendant power structure which perpetuates and reinforces the so called 'Islamist' justification for this state of affairs); see also the discussion of Kasinga, supra note 29. Keywords: asylum; case; convention; definition; gender; group; guidelines; human; law; membership; note; persecution; refugee; rights; supra; violence; women
• In Search of Common Ground: One Pragmatist Perspective on the Debate Over Contract Surrogacy by Baughman, Matthew H. (2001) - However, we still want strongly enforced antidiscrimination laws, and a very narrowly defined BFOQ exception, because market values are not the only thing with which we are concerned; we also place primary importance on the value of gender equality. 103 Like Anderson, though it seems unnecessary, Radin rolls out the parade of horribles: When the baby becomes a commodity, all of her personal attributes- sex, eye color, predicted I.Q., predicted height, and the like-become commodified as well. 3072001] Columbia Journal of Gender and Law commensurate benefit because other women will choose to engage in the practice, thereby negating the value of her individual boycott. Keywords: anderson; argument; autonomy; birth; child; children; contract; equality; gender; human; individual; law; market; mother; note; posner; practice; radin; reproduction; sale; supra; surrogacy; think; values; women
• Postcolonial Erotic Disruptions: Legal Narratives of Culture, Sex, and Nation in India by Kapur, Ratna (2001) - But, within the emerging fantasy of the nation, the chastity and purity of Indian women, by which this dangerous and contaminating force was controlled, came to represent not only the purity of Indian culture but also its superiority to the culture of the Empire. Part of the perceived threat to Indian cultural values is coming from the assertion of sex itself as a dynamic and affirming experience, which has led to fears that the very fabric of Indian culture and ethos is under threat of erosion, if not collapse. Keywords: challenge; columbia; context; court; culture; disruptions; essentialism; feminist; film; gender; hindu; homosexuality; identity; indian; journal; law; nation; position; prostitution; rights; sex; sex workers; sexuality; space; state; story; subaltern; subject; values; vol; women; work
• BOOK REVIEW: Elizabeth M. Schneider, Battered Women and Feminist Lawmaking (New Haven: Yale University Press, 2000) by Groisser, Suzanne J. (2001) - Nearly 1.9 million women are battered each year in the United States' and approximately sixty percent of all women murdered are killed by a present or former intimate partner.2 While there have been important advances in legal remedies for battered women over the past twenty years, including federal legislation such as the Violence Against Women Act and state laws specifically addressing domestic violence, there remain many obstacles-legal and social-which battered women, their advocates and attorneys, and legal scholars must confront. Columbia Journal of Gender and Law promotes the equal rights of women in the legal and political arenas, is essential to eradicating domestic violence, she acknowledges that rights- based legal arguments made within the courtroom and legislature are not enough to protect battered women. Keywords: feminist; gender; law; lawmaking; schneider; violence; women
• Victim or Vamp? Images of Violent Women in the Criminal Justice System by Keitner, Chimène L. (2002) - However, violent women have committed a double transgression. Anecdotal evidence suggests that women in countries whose armed forces provide combat training to both men and women are less likely to be targets of assault by male compatriots, who know that women are physically and psychologically prepared to respond in kind.6 The demonization of violent women in American society illustrates one way in which a country's criminal justice system, including both its formal and informal components, constructs and reinforces norms of appropriate behavior-norms that encompass more than the proscribed acts at issue in a given trial.7 Keywords: cardona; case; court; crime; criminal; death; defense; female; fla; florida; gender; jackson; jury; justice; larzelere; law; life; murder; note; penalty; row; sex; society; state; stereotypes; supra; supra note; trial; use; vamp; victim; violence; women; wuornos
• Categorical Exclusions: Exploring Legal Responses to Health Care Discrimination Against Transsexuals by Hong, Kari I. (2002) - After eschewing competing categories of constitutional protection for transsexuals, I propose a framework through which courts can more fully understand the nuances of transsexual identity and best respond to the various forms of discrimination transsexuals face. For the next twenty-three years, other circuits consistently relied upon the reasoning in Holloway when denying transsexuals protection 89 based on Title VII and equal protection claims . Keywords: act; ada; care; clause; conditions; court; coverage; discrimination; dysphoria; exclusion; gender; government; health; health care; identity; individuals; insurance; law; medical; note; people; protection; srs; supra; transsexuals; treatment; u.s; women
• Breeder at Law by Momberger, Karla (2002) - After all, if you can't hack it, you shouldn't be in law school. I donated ova to pay for law school. Keywords: advertisement; beliefs; body; breeder; class; columbia; cyborg; discipline; example; gender; journal; law; law school; new; people; person; place; police; pollution; power; school; social; society; system; time; vol; way; ways; white; woman; world
• The Crisis of Child Custody: A History of the Birth of Family Law in England by Wright, Danaya C. (2002) - CONCLUSION Katherine O'Donovan has argued that current marriage, divorce, and child custody laws (legislation and judicial opinions) reinforce patriarchal power relations within the family and rely on and perpetuate gender stereotypes of the traditional homemaker mother and breadwinner father.343 Within the scope of her analysis-the late twentieth century-the evidence supports her argument. The Crisis of Child Custody: A History of the Birth of Family Law in England THE CRISIS OF CHILD CUSTODY: A HISTORY OF THE BIRTH OF FAMILY LAW IN ENGLAND DANAYA C. WRIGHr Ask-may the victim of a hasty vow Ne'er seek release nor remedy? Keywords: access; act; adultery; case; century; chancery; child custody; children; court; coverture; custody; custody cases; custody law; custody rights; divorce; eng; family law; father; gender; husband; jurisdiction; law; life; lord; manneville; marital; marriage; maternal; mother; mrs; norton; note; petition; power; property; rep; rights; separation; supra; wife; women
• Time Norms in the Workplace: Their Exclusionary Effect and Potential for Change by Smith, Belinda M. (2002) - As Bailyn states: [t]he underlying assumption seems to be that employee time belongs to the company, a notion reinforced by the company's evaluation and promotion practices. Others might reflect a management style or theory, such as the expectation that work be done within the line-of-sight of the manager and that meetings take place in person-if a worker cannot be seen, how is the manager to know that he is working and that the work is getting done?7 6 Similarly, control of employee time has traditionally been used as a key management tool. Keywords: alternative; benefits; cases; cause; change; claimant; court; employees; employer; employment; family; family responsibilities; gender; good; hours; law; leave; note; responsibilities; role; shift; supra; supra note; termination; time; time employment; time norms; time work; u.i; way; women; work; work hours; workers; workforce; working; working time; workplace
• Encouraging a Market in Human Milk by Waldeck, Sarah E. (2002) - Milk banks are already dispensing milk for adopted infants and other healthy babies who have no special need for breastmilk, but who instead benefit just like any healthy infant would. H. WHAT PARENTS WOULD BE PURCHASING AND HOW MUCH THEY MIGHT BE PAYING Part II begins by discussing the current practices of milk banks in the United States. Keywords: babies; banking; banks; blood; body; breastfeeding; breastmilk; children; code; cost; donor; formula; gender; health; human; individuals; infant; law; market; materials; milk; milk banks; mothers; parents; pediatrics; price; sale; states; supply; supra note; time; women; work
• Genes, Parents, and Assisted Reproductive Technologies: ARTs, Mistakes, Sex, Race, & Law by Bender, Leslie (2003) - A passive assumption that there are no relevant race-based factors in deciding issues of child custody and parentage is completely inadequate. Whether this statutory preference for tribal determinations of child custody is understood to be about sovereignty instead of race, race is still a formidable guiding force in this adoption law. Keywords: akeil; american; analysis; app; approach; arts; baby; biological; birth; black; bond; case; child; children; couple; court; custody; decision; embryo; essentialism; family; fasano; gender; genes; genetics; gestational; human; issues; joseph; law; mother; new; parenthood; parents; perry; pregnancy; race; reproduction; rev; rights; rogers; rogerses; sex; standing; technologies; v. fasano; visitation; white; women
• The Bona Fide Body: Title VII’s Last Bastion of Intentional Sex Discrimination by McGowan, Sharon M. (2003) - ° ° Women prisoners, however, are not expected to engage in extensive artificial procedures, such as wearing nightgowns specifically designed to protect their modesty while sleeping, in order to preserve minimal human dignity.'' 190 See id. at 98; Pollock, supra note 56, at 9, 47 (Women prisoners are construed as less harmful and in need of guidance....) (quoting J. Griffith et al., Women Prisoners' Multidimensional Locus of Control, 8:3 Crim. Keywords: abuse; assault; bfoq; body; cases; cir; columbia; court; cross; discrimination; employment; f.2d; fact; female; gender; guards; inmates; journal; law; note; observation; power; prison; prisoners; privacy; rehabilitation; sex; state; supp; supra; title; vii; women
• Countenancing the Oppression of Women: How Liberals Tolerate Religious and Cultural Practices That Discriminate Against Women by Stopler, Gila (2003) - This creates a paradox of self- abnegation within religious women-the more religious the woman is, the more subordinate her position is and the bigger her sacrifice and suffering are, but at the same time the stronger her conviction is that she is leading the ideal life and that she is fulfilling her true calling. The reservation states that what guarantees true equality between the spouses is the complementarity between them, which is achieved by according women rights that are equivalent to those of their husbands and that ensure a just balance between the spouses.9 4 A similarly misleading use of equality was made by certain Islamic countries in the Beijing conference when they argued for granting women and girls equitable-meaning different-succession and inheritance rights to those of men.95 Familial ideology coupled with a version of equality, which the Hindu Right in India terms harmony in diversity, defines the Hindu Right's approach towards women's rights.9 6 Women's roles in the family as wives and mothers are the cornerstone of this approach, and they underlie the understanding of women's equality. Keywords: communities; community; court; culture; discrimination; equality; family; free; gender; group; human; india; international; israel; law; members; muslim; norms; note; oppression; order; practices; public; race; religion; rights; self; sex; sex discrimination; society; state; supra; supra note; women
• Protecting Sex: Sexual Disincentives and Sex-Based Discrimination in Nguyen v INS by Weinrib, Laura (2003) - Much of the litigation strategy surrounding sex discrimination cases has centered on the standard of review, which after three decades remains conspicuously ambiguous. First and foremost, there is little incentive to do so- the heightened scrutiny (often) applied to birth status cases, while premised on resistance to outmoded moralistic notions, is the same standard that (usually) applies in sex discrimination cases. Keywords: 1409(a; basis; birth; case; child; children; citizenship; court; discrimination; dissent; father; gender; immigration; law; majority; miller; mothers; nguyen; protection; relationship; sex; sexuality; states; statute; u.s; united; women
• Beyond “Driving While Black” and “Flying While Brown”: Using Intersectionality to Uncover the Gendered Aspects of Racial Profiling by Sharma, Sherri (2003) - B. Similarities in the Profiling of Black Women and Arab Women Although Arab women are often targeted because of stereotypes about what their clothing symbolizes while black women are targeted, in part, for stereotypes about their bodies, a gendered analysis of racial profiling in both African American and Arab communities reveals various similarities in the roots of this profiling. 8 7 A. Imagining a Coalition Between Black Women and Arab Women The Detroit debate raises questions as to whether black women and Arab women will be able to work together to address the profiling that both groups experience. Keywords: american; arab; attacks; black; color; crimes; customs; drug; example; focus; gender; hate; law; muslim; new; note; police; profiling; race; report; searches; september; south; state; strip; supra; victims; white; women
• Women’s Rights: Reframing the Issues for the Future by Dubler, Ariela; Rahman, Anika; Rodgers, Kathy; Spinak, Jane (2003) - From the perspective of nineteenth- and early twentieth-century lawmakers and judges, the appeal of what I am c ailing marriage's shadow starts to become clear when you consider that almost all cases that were brought by single women were brought by women who needed financial support.28 They were seeking money from either a male partner who had disappeared or from the estate of a male partner who had died.29 I am particularly pleased to be here today with Columbia Law School alumnae because Columbia women have been a substantial part of our team throughout these thirty-two years as members o f our s taff, a s a cademic p artners, a s student i nterns (including some young men), as part of our volunteer leadership, as pro bono attorneys, and as supporters. Keywords: abortion; care; children; columbia; court; family; gender; health; issues; law; marriage; new; reproductive; rights; school; services; state; system; u.s; united; way; women
• Why a Feminist Law Journal? A Call for Parity by Tiven, Rachel B. (2003) - The anniversary marked the moment that Margaret Spahr '29 walked into Kent Hall, but it truly celebrated the transformation that occurred decades later when the tiny handful of women at the law school, a dozen or so per class from the 1930s through the 1960s, broke out as a force to be reckoned with.19 Women went from eight percent of the class of 1970 to thirty-two percent a decade later.2 ° Only then did women faculty begin to be hired in more than token numbers, and in 1986 Barbara Aronstein Black was appointed Dean-the first woman to head an Ivy League law school.2 ' Perhaps encouraged by her appointment, women made up a record forty-five percent of the entering class the following fall.22 Those women, the class of 1990, helped found this journal. The suffrage amendment, the slow trickle of women law students, Sandra Day O'Connor-these were change, progress, signposts, but they were not power. Keywords: columbia; feminist; gender; journal; law; parity; power; school; women
• Why a Feminist Law Journal? Introduction to the Issue by Note, Editor's (2003) - The second section, Moving the Margins: Assimilation and Enduring Marginality, addresses whether feminist law journals remain--or ever were-marginal fora presenting scholarship on the margins of legal academia, and whether the journals' publication of select articles helps or should help move the margins of acceptability within the academy. 4 In their dialogue, Taunya Lovell Banks and Penelope Andrews highlight the contrasts between perspectives of the purposes or successes of feminist law journals, particularly based on whether an opinion arises from experience of a particular racial or global position. Keywords: colum; feminist; gender; j. gender; journals
• A Brief History of Gender Law Journals: The Heritage of Myra Bradwell’s Chicago Legal News by Chused, Richard H. (2003) - By the time freedom of contract took on the politically conservative cast displayed in Lochner v. New York, 198 U.S. 45 (1905), those in the mainline suffrage movement-including many women who relied upon classical liberal rhetoric through the end of the 1860s--often spoke about women's virtue, morality, and goodness. Similar theories led many women to support temperance. Keywords: bar; bradwell; gender; illinois; journal; law; legal; myra; news; states; suffrage; women
• Cultivating Feminist Critical Inquiry by Dailey, Anne C. (2003) - Feminist law journals are among those places where a spirit of critical inquiry into the mainstream educational enterprise is acquired and sustained. Second, I examine briefly how feminism, and feminist law journals in particular, are central to this educational endeavor. Keywords: feminist; gender; inquiry; journals; law; self; woman
• Women Law Journals in the New Millenium: How Far Have They Evolved? And Are They Still Necessary? by Vaughns, Katherine L. (2003) - If feminist law journals simply replicated traditional law journals (historically) established by males for males in terms of their structure, composition, and membership selection, are they essentially the same?' 8 More troubling, if not more perplexing, are the kinds of issues that feminist law journals have attempted to face throughout the years of their development that relate to the intersections of race, gender, class, and sexual orientation, in the context of the diversity of women's issues and experiences. This is especially noteworthy in light of the fact that although legal scholars cite specialty journals heavily, judges do not.4 Not surprisingly, the program served to underscore the fact that the law is still male.5 Feminist law journals thus arose in response to the perception that the law is male and focused on more gender-oriented themes impacting women specifically, first addressing areas of the law normally relating to women, such as family law and employment law.6 More recently, however, articles written in these journals have broadened their focus to include gender-oriented themes relative to more traditional subjects such as taxation 7 and corporate law,8 and even influencing flagship journals in publishing so-called non-traditional scholarship.9 Also, because of the increasing numbers of women entering law schools, a growing need for journal writing relating to their particular interests found a voice in these journals as well.' Keywords: feminist; gender; journals; law; women
• Two “Colored” Women’s Conversation About the Relevance of Feminist Law Journals in the Twenty-First Century by Banks, Taunya Lovell; Andrews, Penelope (2003) - Twenty years later many of the subjects embraced in the early years of feminist journals, like reproductive freedom, equal employment opportunities, rape, sexual harassment, and domestic violence, have become mainstream, and are as likely to appear in traditional law journals as they are to appear in feminist law journals.' The invitation to participate in the Columbia Journal of Gender and Law symposium on the relevance of feminist law journals provided an ideal opportunity for us to reassess our collective endeavors as teachers, scholars, and advocates committed to social justice. Keywords: equality; feminist; gender; journals; law; law journals; mainstream; scholars; south; women
• Embracing Complexity: Human Rights in Critical Race Feminist Perspective by Lewis, Hope (2003) - Alternatively, women from the Third World or other women of color were sometimes treated as the essentialized Exotic Other who await rescue from Third World cultural patriarchy by Western feminism.' World Health Organization, Women and HIV/AIDS (June 2000), available at http://www.who.int/inf-fs/en/fact242.html (noting that 55% of adult infections in sub-Saharan Africa are in women). Keywords: culture; discrimination; feminist; gender; human; law; race; rights; united; violence; women; world
• Lessons About Autonomy and Integration from International Human Rights, Law Journals, and the World of Golf by Bruch, Elizabeth M. (2003) - J. Int'l L. 613, 621-24 (1991) (discussing underrepresentation of women in UN human rights bodies, particularly how the CEDAW Committee has faced pressure to increase male representation, while no male dominated committees have faced criticism for having too few women, id. at 624); Hilary Charlesworth & Christine Chinkin, The Boundaries of International Law: A Feminist Analysis 174-87 (2000) (discussing the disproportionate representation of men in the UN's membership and bureaucracy); Anne Gallagher, Ending the Marginalization: Strategies for Incorporating Women into the United Nations Human Rights System, 19 Hum. Its 2000 and 2001 volumes had articles on alimony, women and athletics, reproductive-based discrimination, sexual harassment, and battered women. Keywords: autonomy; feminist; gender; human; issues; journal; law; rights; women; world
• Form, Function, and Feminist Law Journals by Schacter, Jane S. (2003) - Form, Function, and Feminist Law Journals FORM, FUNCTION, AND FEMINIST LAW JOURNALS JANE S. SCIA CTER* An inquiry into the function of feminist law journals needs to ask first: functions for whom? 1 A good example is the body of work that appeared in feminist law journals on legal questions relevant to same-sex parenting, much of it before this topic became as high profile as it is today. Keywords: feminist; gender; journals; law; scholarship; studies; women
• Thinking About Feminism, Social Justice, and the Place of Feminist Law Journals: A Letter to the Editors by Goldberg, Suzanne B. (2003) - Although many different types of journals now have style manuals that prefer non-sexist language, the earliest volumes of feminist law journals had the opportunity to play a critical role in influencing others' language use. First, feminist law journals have a . Keywords: feminist; gender; journals; justice; law; women
• The Rights of Women in International Human Rights Law Textbooks: Segregation, Integration, or Omission? by Farrior, Stephanie (2003) - What are the messages being sent by textbooks in international human rights law? This notion of purely external applicability of international law on women's human rights is carried even further in some United States textbooks on international human rights law and international law in which, if they have a section on the human rights of women, the problem outlined for student discussion is often either female genital mutilation (FGM) or the situation of Muslim women. Keywords: book; discrimination; feminist; gender; human; law; note; rights; section; supra; women
• Gender, Sexuality, and Power: Is Feminist Theory Enough? by Cossman, Brenda; Danielsen, Dan; Halley, Janet; Higgins, Tracey (2003) - Might the reintroduction of fault, particularly in the context of sexual harm, undermine family law's focus on equitable redistribution by refocusing attention on moral culpability? Sex radical feminism would read Twyman very differently. Indeed, sex radical feminism rejects the very premise of dominance feminism that sexuality constitutes the primary site of women's subordination, insisting that sex and sexuality is a far more ambivalent site, producing multiplicities of pleasures and dangers. Keywords: break; brenda; distress; feminism; feminists; gender; janet; justice; law; power; queer; radical; reading; sexuality; sheila; subordination; theory; twyman; william; women
• On Discipline and Canon by Franke, Katherine M. (2003) - This conference takes place at a particularly interesting moment for feminist theory, a time when we can say that feminist jurisprudence has in many ways become a discipline. There is even an endowed chair in feminist theory that Martha Fineman held up at Cornell Law School. Keywords: feminist; gender; law; theory; work
• Speaking Volumes: Musings on the Issues of the Day, Inspired by the Memory of Mary Joe Frug by Austin, Regina; Schneider, Elizabeth M. (2003) - Black women comprise forty-six percent of the enlisted women in the Army, thirty-one percent of the enlisted women in the Navy, twenty-eight percent of the enlisted women in the Air Force, and twenty-three percent of the enlisted women in the Marines. What does this say about the opportunities of black women in the civilian labor force or in civilian government service?' Keywords: discussion; feminist; frug; gender; joe; law; mary; military; percent; regina; violence; volumes; women; work
• Sex Equality Panic by Spindelman, Marc (2004) - Franke's recommendation that we treat sexual harassment by lesbians and gay men as ordinary disparate treatment claims, rather than as sexual harassment claims, should not, I think, be understood as a rule giving lesbian and gay male victims sexual harassment protections while excusing lesbian and gay harassers from liability. Franke offers an alternative model of gender discrimination to MacKinnon's, effectively arguing that sexual harassment is the paradigmatic allegory for the production of gender. Keywords: brief; case; claims; discrimination; feminist; foucault; gay; gender; halley; harassment; harassment law; harassment supra; identity; injury; law; lesbian; mackinnon; male; oncale; panic; pleasures; power; queer; queer theory; rights; sex; sex equality; sex harassment; sexuality harassment; social; supra note; theory; violence; women
• Report on Marriage Rights for Same-Sex Couples in New York by of the City of New York, The Association of the Bar (2004) - The commentary notes that although the courts have rejected the legal viability of same sex marriage. • . The only authority in this state for the prohibition of same-sex marriage is contained in two lower court decisions... With no clear precedent, the assumption that same sex marriages are prohibited in New York is premature... Keywords: benefits; civil; clause; constitution; court; gender; law; laws; marriage; marriage rights; n.e.2d; n.y; n.y.s.2d; new; new york; protection; right; sex; sex couples; sex marriage; state; u.s; unions; vermont; york
• A Woman Scorned for the Least Condemned War Crime: Precedent and Problems with Prosecuting Rape as a Serious War Crime in the International Criminal Tribunal for Rwanda by Wood, Stephanie K (2004) - 178 See also Landesman, supra note 2, at 116 (describing how the number of indictments for sexual violence is disproportionate to the amount of sexual crimes survivors endured). Although the ICTR Statute included definitions of rape 163 See infra Part III.B (discussing the deficiencies in the ICTR's relationship with witnesses and how the legal roles of the prosecutor and defense counsel retraumatize and dehumanize sexual violence survivors). Keywords: akayesu; case; crimes; gender; genocide; human; ictr; indictment; international; justice; law; lives; nyiramasuhuko; prosecutor; protection; rape; rights; rights watch; rwanda; sexual; supra note; survivors; text; trial; tribunal; u.n; violence; war; war crimes; watch; witnesses; women
• Legislative Reform and the Struggle to Eradicate Violence against Women in the Dominican Republic by Perez, Mercedes (2005) - Secretaria de Estado de la Mujer Despite the enactment of Law 24-97, the Dominican state remains unwilling to protect the rights of victims of gender-based violence. Orden de presentar informes de carficteT financiero sobre la gesti6n de los bienes comunes y de la empresa, negocio, comercio o actividad lucrativa com1in; i) Interdicci6n de enajenar, disponer, ocultar o trasladar bienes propios de la victima o bienes comunes; j) Orden de reponer los bienes destruidos u ocultados; k) Orden de medidas conservatorias respectos de la posesi6n de los bienes comunes y del ajuar de la casa donde se aloja la familia; 1) Orden de indemnizar a ]a victima de la violencia, sin perjuicio de las acciones civiles que fueren de lugar, por los gastos legales, tratamiento m6dico, consejos psiquiftricos y orientaci6n profesional, alojamiento y otros gastos similares. Keywords: abuse; art; article; assault; cases; censel; code; columbia; con; court; criminal; d. art; de la; del; domingo; dominican; dominican republic; family; gender; government; interview; journal; judicial; justice; las; law; legal; los; mujer; para; pena; percent; persona; police; por; provisions; que; rape; republic; rights; santo; sexual; state; supra note; system; una; victim; violence; violencia; vol; women
• Street Smut: Gender, Media, and the Legal Power Dynamics of Street Harassment, or Hey Sexy and Other Verbal Ejaculations by Laniya, Olatokumbo Olukemi (2005) - Indeed, there is a substantial amount of empirical data that evidences this pattern among women street vendors and construction workers.7 Further, a woman's economic opportunities may be affected by street harassment in less obvious ways.73 Indeed, such astonishing encounters occur in the daily lives of women throughout the world.4 Rarely is it the case that a woman in a public space is not confronted with unsolicited comments and gestures of a sexual tone by men unknown to her. Keywords: act; article; assaults; attacks; experience; gender; group; harm; injuries; injury; june; law; male; manner; media; n.y; news; note; parade; park; power; public; society; street harassment; supra; supra note; victims; women
• Re-Orienting the Sex Discrimination Argument for Gay Rights after Lawrence v. Texas by Williams, Jeffrey A. (2019) - Sexual orientation discrimination claims make sex discrimination arguments less available to an institutionally hesitant court. I This claim of sex discrimination in the petitioners' brief in Lawrence v. Texas,2 a case about criminalized homosexual sodomy, must seem quite out of place to some.3 Respondents simply belittled its importance in their reply.4 They chose not to address the extensive argument that the National Organization for Women (NOW) briefed defending sex discrimination.' Keywords: argument; class; court; discrimination; discrimination argument; gender; homosexuals; law; lawrence; laws; note; orientation; orientation discrimination; protection; scrutiny; sex; sex discrimination; supra; u.s
• From Our Family to Yours: Rethinking the “Beneficial Family” and Marriage-Centric Corporate Benefit Programs by Ponte, Lucille M.; Gillan, Jennifer L. (2005) - 2005] Columbia Journal of Gender and Law nonnuclear family households in their legal glossary.42 Like those offering domestic partner benefits, corporations offering extended family benefits are required by IRS policy to tax employee benefits as compensation if extended to a household member who does not meet the IRS' strict dependency requirements.429 [Vol. 14:2 From Our Family to Yours unmarried partners has dramatically increased by 850% since 1960.289 In family households with children, approximately fifteen percent of children live in blended families, 290 and twelve percent of children reside with extended family members. Keywords: 1950s; 1950s family; adult; american; benefits; census; children; class; columbia; corporations; coverage; dependent; employees; failinger; fair; families; family; family benefits; family members; family structures; family units; gender; health; household; ideal; infra; insurance; journal; kohn; law; life; living; marriage; model; networks; new; nonnuclear family; notes; oad; partner; partner benefits; people; percent; policies supra; programs; radio; sex; state; supra note; television; television family; text; u.s; united; units; unmarried; vol; worknet supra; world
• Rupture, Leakage, and Reconstruction: The Body as a Site for the Enforcement and Reproduction of Sex-Based Legal Norms in the Breast Implant Controversy by Bloom, Anne (2005) - In 1983, the American Society of Plastic and Reconstructive Surgeons distributed literature stating that flat-chested women suffered from a disease called micromastia and that breast implants were essential for their mental health and well-being.72 Similarly, in a petition to the Food and Drug Administration (FDA), plastic surgeons argued that breast implants were necessary to correct physical deformities.73 Plastic surgeons also distributed literature to their patients, which promised that augmentation would make small breasts appear more normal and described the implants as natural and real., 74 Breast implant surgery typically does not require an overnight stay in the hospital but is a major procedure nonetheless. Instead, because breast implants had already been on the market for several years, their safety was assumed and approval of the devices was granted under a so-called grandfather clause; this allowed medical devices that were already on the market to remain without going through a process of testing and approval. Keywords: body; breast; breast implants; cases; controversy; court; female; gender; implant; law; litigation; norms; note; rupture; sex; silicone; supra; surgery; women
• Some Abcs of Feminist Sex Education (in Light of the Sexuality Critique of Legal Feminism) by McClain, Linda C. (2006) - Some ABCs of Feminist Sex Education included sexual intimacy) would affirm persons' capacities to form and establish the terms of relationships, promote equality among families, and foster responsibility and interdependency by linking relational responsibilities to rights.86 B. Janet Halley's Critique of Robin West's Feminine Sexuality Halley observes that, in West's book, Caring for Justice, patriarchy operates by harming women on every conceivable dimension but especially in sexuality and reproduction. [Vol. 15:1 Some ABCs of Feminist Sex Education positive task left undone by feminism.9 Franke and Halley, for example, claim that legal feminists seek to sanitize or feminize sex by sharply separating the categories of desire and danger, thus leaching out of sexual desire inherent elements of risk and jeopardy.' Keywords: critique; desire; education; feminist; gender; halley; intimacy; law; marriage; note; reproduction; sex education; sexuality; supra; west; women
• Clothes Don’t Make the Man (or Woman), but Gender Identity Might by Levi, Jennifer L. (2006) - Clothes Don 't Make the Man (or Woman) 91 essentialism of gender identity and its inelasticity for a specific individual.6 In combining disability claims with sex discrimination claims, transgender litigants have advanced a broader agenda of challenging normative beliefs about gender for all persons, transgender and non-transgender alike. The court considered Strailey v. Happy Times Nursery School, Inc., consolidated on appeal with DeSantis, in which a male nursery school teacher alleged that he had been subjected to gender discrimination when he was fired from his job shortly after he wore a small earring to work. Keywords: cir; condition; court; disability; discrimination; doe; dress; female; gender; identity; jespersen; law; litigants; plaintiff; sex; transgender; women
• Legal Cross-Dressing: Sexuality and the Americans with Disabilities Act by Malti-Douglas, Fedwa (2006) - 3 Cocaine use is not a disability because illegal drug users are excluded from ADA coverage. It is not merely the presence of transvestites that signals that more is at play here than legal disability. Keywords: act; ada; case; court; cross; disabilities; disability; eeoc; gender; hiv; impairment; individual; law; section; sexual; states; use; wilderness
• Sexual Punishments by Ristroph, Alice (2006) - Should we think of prison rape as a locationally specific instance of rape, a form of sexual assault that happens to occur in prison but is similar to sexual assaults that occur outside of prison? Should we think of prison rape as an intrinsic aspect of the prison rather than a species of rape? Keywords: act; amendment; assault; coercion; conditions; court; e.g.; eighth; gender; incarceration; inmates; justice; law; male; note; officials; prea; prison; prison rape; prison sex; prisoners; punishment; sexual; state; supra; supra note; thomas; u.s; violence; women
• Rethinking Prison Sex: Self-Expression and Safety by Smith, Brenda V. (2006) - 2 In reviewing the constitutionality of the prison regulations, the Court outlined a four-part test: 1) the existence of a valid, rational connection between the prison regulation and the legitimate governmental interest put forward to justify it; 2) the existence of alternative means of exercising the right that remain open to prison inmates; 3) the impact [that] accommodation of the asserted constitutional right will have on guards and other inmates, and on the allocation of prison resources generally; and 4) the absence of ready alternatives as evidence of the reasonableness of the regulation.2 ' Turner has become the predominant standard for analyzing attempts to regulate conduct in prisons and has been used by prison officials to limit inmate visitation, 202 justify cross-gender supervision of male disallowing prisoners to artificially inseminate their non-incarcerated wives is valid, even assuming that the right to procreate survives imprisonment); Hernandez, 18 F.3d at 138 (holding that an inmate does not have a constitutionally protected right to conjugal visits). OF CORR., U.S. DEP'T OF JUSTICE, SERVICES FOR FAMILIES OF PRISON INMATES, SPECIAL ISSUES IN CORRECTIONS 1 (2002), available at http://www.nicic.org/pubs/2002/017272.pdf (noting that studies have supported the idea that increased contact between inmates and their families contribute to an inmate's re-integration into the community). 211 Id. at 6 (indicating that policies and programs focus on supportive family relationships or benefiting the children of inmates). Keywords: abuse; act; children; cir; columbia; correctional; expression; family; gender; gerber; human; inmates; journal; justice; law; male; misconduct; note; officials; prison; prison rape; prison sex; prisoners; rape; relationships; right; safety; security; sex; sexuality; staff; state; supra; supra note; u.s; violence; visits; women
• Sex As A Form of Gender and Expression After Lawrence v. Texas by Garland, James Allon (2006) - This not only suggests a sophisticated awareness in the Lawrence majority's reluctance to define the meaning of relationships; it also precludes a simple preview of First Amendment claims for any particular message attached to sex, except to note that if the Lawrence dissenters are correct-that most laws against sex are sustainable only in light of [Hardwick's] validation of laws based on moral choices' virtually any First Amendment claim for private sex that passes the Spence test should prevail, as morality is not a basis for regulation of private sexual expression.l 2 Under Spence, of course, it is irrelevant that some individuals, including judges, may not be able to conceptualize or understand expression in sex, as the intent of those who engage in sex to express a feeling or idea should be evaluated in light of the understanding of those likely to view that expression, not a court or the general public. [Vol. 15:1 Sex as a Form of Gender and Expression Amendment claim for private sex when governments make further attacks on sexual, expressive, and associational interests. Keywords: amendment; claims; conduct; court; expression; gay; gender; hardwick; homosexual; lawrence; note; people; protection; public; right; scouts; sex; supra; texas; u.s; women
• Pathology Full Circle: A History of Anti-Vibrator Legislation in the United States by Lindemann, Danielle J. (2006) - '28 As of 1999, [a]t least 14 states around the country have passed laws that prohibit the sale of sexual devices, according to adult toy sellers. . . . The appellate court did not laugh at the state of Alabama's argument that 'a ban on the sale of sexual devices and related orgasm stimulating paraphernalia is rationally related to a legitimate interest in discouraging prurient interests in autonomous sex.' Keywords: columbia; court; devices; female; gender; journal; law; note; orgasm; plaintiffs; sex; state; statute; treatment; use; vibrator; women
• Beyond Romer and Lawrence: The Right to Privacy Comes Out of the Closet by Marcus, Nancy C. (2006) - The public dimensions of liberty rights as affirmed by Lawrence similarly encompass both a freedom from government-sanctioned stigma that prevents a class of persons from fully participating in society as equal citizens, as well as a corresponding due process right to demand respect for conduct protected by the substantive guarantee of liberty. Id. Justice Scalia's dissent in Lawrence also predicts that equal marriage rights are inevitable after Romer and Lawrence, and same-sex marriage opponents are rushing to pass state and federal constitutional amendments banning same-sex marriage in anticipation of such future judicial rulings. Keywords: amendment; autonomy; basis; bowers; cases; citizenship; constitution; couples; court; decisions; fourteenth; freedom; gender; glucksberg; government; individual; interests; justice; lawrence; lawrence court; liberty; marriage; marriage rights; principles; privacy; privacy rights; process; protection; public; review; rights; romer; scrutiny; sex; sex marriage; state; supreme court; u.s
• To Catch A Sex Thief: The Burden of Performance in Rape and Sexual Assault Trials by Rayburn, Corey (2006) - It may be argued that my account of rape trial jurors is too simplistic and underestimates a juror's capacity to understand the gravity of a rape trial. At a minimum, the existing social science research shows that men on rape trial juries are ideal candidates to believe defense narratives about how an alleged rape event occurred. Keywords: accuser; article; baudrillard; burden; defendant; defense; disaster; ehrlich; event; gender; jurors; jury; media; order; performance; pornography; rape; rape law; rape trial; real; robbery; sex; simulation; stories; story; supra note; taslitz; trial; victim
• Of Pearls and Fish: An Analysis of Jewish Legal Texts on Sexuality and Their Significance for Contemporary American Jewish Movements by Rosenthal, Rachel Sara (2006) - 119 Id. 120 MOSHE MEISELMAN, JEWISH WOMAN IN JEWISH LAW 96 (1978) (citing Hidushei ha-Ramban to Kiddushin 16a). THE ROLE OF TRADITIONAL CONSTRUCTIONS OF SEXUALITY IN MODERN JEWISH APPROACHES TO HOMOSEXUALITY By calling into question the very substance of halakhic texts, GLBT Jews challenge the heart of traditional Jewish gender expectations: Jewish man meets Jewish woman, they establish a middle-class home, and they have at least two children who grow up to marry Jews of the opposite sex and have their own children. Keywords: divorce; fish; gender; glbt; halakhah; halakhic; homosexuality; husband; intercourse; jews; judaism; law; male; marriage; men; modem; movements; note; orthodox; rabbis; reform; sexual; sexuality; supra; supra note; texts; torah; wife; woman
• Unearthing the Customary Law Foundations of “Forced Marriages” During Sierra Leone’s Civil War: The Possible Impact of International Criminal Law on Customary Marriage and Women’s Rights in Post-Conflict Sierra Leone by Bélair, Karine (2006) - To supplement the lack of resources on Sierra Leone customary law, the author explored other sources on Africa-the elements discussed in this analysis being, first and foremost, basic elements of African customary law. Such change may occur soon, as a Law Reform Commission has been working on harmonizing Sierra Leone laws with its international obligations. Keywords: african; art; autonomy; commission; conflict; court; crimes; elements; gender; girls; human; humanity; law; marriage; practices; report; rights; rome; sierra; sierra leone; slavery; special; statute; supra note; trc; trc report; violence; war; women
• The Organization As A Gendered Entity: A Response to Professor Schultz’s the Sanitized Workplace by Lee, Rebecca K. (2006) - A RESPONSE TO PROFESSOR SCHULTZ'S THE SANITIZED WORKPLACE REBECCA K. LEE* In the two decades since the Supreme Court first recognized the legal harm of sex harassment' in Meritor Savings Bank v. Vinson,2 the trajectory of sex harassment law and policy continues to be controversial, even among gender scholars who seek to advance workplace equality but disagree about how to accomplish this objective. Additionally, legislative mistakes-legislation that harms women-can be rectified more easily through the legislative process, as compared to the extreme difficulty of persuading the Supreme Court to reverse its judicial precedents.20 6 In support of judge-made law in the area of sex harassment, Catharine MacKinnon argues that individual litigation and the common-law approach are what have allowed sex harassment law to be created and developed. Keywords: action; behavior; court; discrimination; employees; employer; entity; environment; female; gender; gendered; harassment law; law; male; management; note; organization; plan; schultz; sex harassment; sexuality; supra; supra note; title; u.s; vii; women; work; workplace
• The Modern Mulatto: A Comparative Analysis of the Social and Legal Positions of Mulattoes in the Antebellum South and the Intersex in Contemporary America by George, Marie-Amélie (2006) - The only clear, universal guideline is that sexual identity and self-perception are not the factors on which legal sex may be determined.' Given that physicians may stop physically altering infants so as to fit them into the two-sex model before such a change happens, the law will have to address the fact that individuals may not actually be male or female as the law supposes.20 4 Since marriage is a fundamental right, albeit a limited one, 205 and an individual is required to be either male or female to enter into the institution, courts will be required to assign legal sexes to intersexuals. Keywords: antebellum; binary; black; categories; children; columbia; court; female; gender; heterosexuality; identity; individuals; intersex; law; male; man; marriage; mulattoes; person; race; sex; society; south; status; supra note; white; women
• Assisting and Empowering Women Facing Natural Disasters: Drawing From Security Council Resolution 1325 by Shah, Payal K. (2006) - Id. 6 For the CEDAW Committee's statement on the need to integrate women into relief efforts, see Comm'n on the Status of Women, Comm. The collective force of these resolutions responding to violations that have occurred validates the important Assisting and Empowering Women many of these resolutions were not issued under the Security Council's Chapter VII powers, and thus were not binding, the cumulative effect of repeated non-binding condemnations resulted in the political environment that produced Resolution 1325.32 The recent increase in international acknowledgement of the need to integrate women into disaster relief is indicative of a positive political environment for a resolution extending 1325's protections to disaster relief. Keywords: aceh; assisting; conflict; council; development; disaster; disaster relief; efforts; gender; international; law; note; peace; relief; resolution; rights; security; security council; situations; supra; supra note; tsunami; u.n; violence; women
• Zimbabwe’s Magaya Decision Revisited: Women’s Rights and Land Succession in the International Context by Knobelsdorf, Valerie (2006) - [Vol. 15:3 being appointed to heirship, as to do so would be tantamount to bestowing on women rights which they never had under customary law. Judicial activism in human rights cases is a prerequisite for the development of a human rights jurisprudence. Keywords: african; application; case; charter; constitution; court; decision; development; discrimination; gender; human; international; land; law; magaya; note; property; protection; rights; status; supra; women; zimbabwe
• Discussion Lines on Gender and Transitional Justice: An Introductory Essay Reflecting on the ICTJ Bellagio Workshop on Gender and Transitional Justice by Nesiah, Vasuki (2006) - Each of the paper presentations and subsequent discussions addressed the conceptual assumptions behind transitional justice approaches in countries as diverse as India, Australia, South Africa, and Northern Ireland, foregrounding critical debates about what is at stake in transitional justice for feminists, and considering what engendering transitional justice actually means. [Vol. 15:3 Discussion Lines losses born of centralizing social conflicts within particular national identities, and whether transitional justice processes are constructive conflict management tools or simply mechanisms for evading the justice claims of marginalized groups. Keywords: discussion; field; gender; international; justice; law; participant; truth; violence; women
• Gendered Subjects of Transitional Justice by Franke, Katherine M. (2006) - Transitional justice will always be both incomplete and messy. Of course, a preference for redistribution over recognition, or vice versa, does not tell you which of the tools of transitional justice to prefer. Keywords: court; crimes; gender; gendered; justice; law; leone; past; sierra; victims; violence; war; women
• Political Violence and Gender During Times of Transition by Aoláin, Finnuala Ní (2006) - The premise of this inquiry is that accepted discourses in transitional societies surrounding the nature and form of political violence, as well as the legal accounting for such violence, has been deeply gendered. This Article will examine the multiple ways in which transitional justice processes have conceptualized political violence, and how that maps onto a gendered understanding of violence experiences and accountability mechanisms in a transitional context. Keywords: accountability; acts; commission; conflict; forms; gender; harms; justice; law; peace; regime; rights; state; terrorism; violations; violence; women
• Normalizing Violence: Transitional Justice and the Gujarat Riots by Kapur, Ratna (2006) - Muslim women, however, must be restored to the position of respect enjoyed by Hindu women before they were degraded by the influence of 87 Shankar Agarwal, A Grand Show in Women 's Empowerment, ORGANISER, Dec. 25, 2005, at 23, available at http://www.organiser.org/dynamic/modules.php?name=Content &pa=showpage&pid=109&page=23; see also Check Female Foeticide, Expand Girl Child Education: Advani, OUTLOOK INDIA.COM, Dec. 3, 2005, http://www.outlookindia.com/pti news.asp?id=339322 (calling on women to adopt the mission of small family-literate family-happy family). 1 12 There was a simultaneous fear over the procreative capacity of Muslim women, and the aggressive lust of the Muslim male, who would abduct and rape Hindu women. Keywords: bjp; case; community; context; court; discourse; equality; gender; gujarat; gujarat riots; hindu; hindu nation; hindu right; hindu women; hindutva; human; india; justice; law; muslim; nation; note; police; rights; riots; rss; state; supra; violence; women
• The Formal Equality Theory in Practice: The Inability of Current Antidiscrimination Law to Protect Conventional and Unconventional Persons by Mange, Monica Diggs (2007) - CONCLUSION While this Article's focus has been to demonstrate how the formal equality theory results in a flawed, albeit predictable pattern in the sex discrimination context, and to propose an alternative theory of sex equality, it concludes by wondering whether the shortcomings of formal equality in the context of sex may extend to other protected categories of persons as well. Therefore, she stopped talking about sex discrimination years ago .... Keywords: accommodation; characteristics; context; court; discrimination; disparate; employer; equality; feminine; gender; gender preferences; law; persons; preferences; pregnancy; sex; sexes; theory; treatment; women
• Equality with A Vengeance: Female Conscientious Objectors in Pursuit of A Voice and Substantive Gender Equality by Rimalt, Noya (2007) - In that article, it was reported that Shlomit, the major NGO assisting in the placing of secular women who were exempt from service into various volunteer positions as part of a national civilian service, was concerned with the growing numbers of women conscientious objectors who were approaching the organization and asking for a placement with an NGO that assists the Palestinian population. The Law granted women exemption from military service on three basic 12 Amir Paz-Fuchs & Michael Sfarad, The Fallacies of Objections to Selective Conscientious Objection, IsR. L. REV., Fall 2002, at 111, 114 n.7. 13 Defense Service Law (Consolidated Version), 5746-1986, 40 LSI 112 (1985-86) (Isr.). Keywords: conscience; court; defense; defense service; equality; exemption; female; feminist; gender; gender equality; law; male; military; note; objection; objectors; public; religious; right; service; service law; supra; women
• From the Stasi Commission to the European Court of Human Rights: L’affaire Du Foulard and the Challenge of Protecting the Rights of Muslim Girls by Choudhury, Nusrat (2007) - It also illustrates the larger insensitivity of secular authorities to the voices of religious women and girls, voices that may call for the right to express religious beliefs within public spaces, even as they strive simultaneously for equality within their religious 387communities. This Article urges secular liberal authorities, both national and international, to acknowledge this pluralism and break the isomorphism mapping secularism onto gender equality and religious expression onto gender inequality that underlies headscarf bans. Keywords: article; ban; belief; chamber; commission; convention; court; decision; discrimination; echr; education; equality; european; expression; foulard; france; freedom; french; gender; gender equality; girls; grand; headscarf; headscarves; human; human rights; islamic; islamic headscarf; law; majority; muslim; para; public; religion; report; rights; rights convention; sahin; school; secularism; stasi commission; state; students; supra note; wearing; women
• Pregnancy Discrimination in Latin America: The Exclusion of “Employment Discrimination” from the Definition of “Labor Laws” in the Central American Free Trade Agreement by Faber, Emily Miyamoto (2007) - The question of why there is a lack of enforcement is addressed in Part V. discussion of the plaintiffs' inability to have U.S. labor law applied extraterritorially, see John Christopher Anderson, Respecting Human Rights: Multinational Corporations Strike Out, 2 U. PA. To situate this issue in the broader context, Part II focuses on the current treatment of labor discrimination by examining the International Labour Organization (ILO), as well as pregnancy discrimination protection in the United States and non-U.S. trade blocs. Keywords: agreement; america; article; cafta; central; columbia; core; core labor; countries; discrimination; dominican; employment; employment discrimination; enforcement; free; gender; ilo; international; labor; labor laws; labor provisions; labor rights; labor standards; latin; law; note; pregnancy discrimination; provisions; republic; rights; sex; states; supra; trade; u.s; united; women; workers
• Gary Becker, Legal Feminism, and the Costs of Moralizing Care by Tsoukala, Philomila (2007) - 154 Schultz's Life's Work 55 provoked intense reactions on the part of care work feminists. The Moralization of Feminists' Work Although care work feminists claim they want to remunerate objectively valuable labor that women perform regardless of their motivation, emotive incentives and actual performances get mixed up in a debate that hums an increasingly moralistic tune. Keywords: altruist; analysis; argument; becker; care work; children; columbia; costs; debate; divorce; economics; family; feminist; gender; home; household; household work; housework; idea; income; labor; law; market; marriage; model; rev; supra note; theory; value; vol; williams; women; work; work feminists
• The Daddy Double-Bind: How the Family and Medical Leave Act Perpetuates Sex Inequality Across All Class Levels by Palazzari, Kari (2007) - In general, creating paid family leave would most directly benefit low- and middle-income families who cannot afford a reduction in income, especially during the life-cycle squeeze. ' 3 The legal protection of family leave plays a vital role in determining whether leave is a socially viable option for mothers and fathers. Keywords: act; bind; children; daddy; employees; employer; families; family; fathers; fmla; gender; income; labor; law; leave; malin; mothers; note; percent; supra; supra note; time; women; work; workers
• Legal Pluralism and Women’s Rights: A Study in Postcolonial Tanzania by Calaguas, Mark J.; Drost, Cristina M.; Fluet, Edward R. (2007) - 154 Id. at 21. '55 Rahmatian, supra note 142, at 298 (observing that the idea that [t]he law should interfere with religious and customary practices as little as possible ... prevented an entire unification of marriage laws). For religious and customary marriages, members of that faith or community are allowed to attend.183 d Marriage Registry One significant step towards the efficient administration of marriage laws in Tanganyika is the establishment under Part III of the LMA of registries tracking marriages, annulments, and divorces.18 4 The mainland is divided into registration districts, with a registrar assigned to each district.18 5 The registrar is obligated to record civil marriages, while religious officials have a duty to register the nuptials over which they 176 § 25(1). 177 § 25(3)(a). 178 § 25(3)(b). Keywords: act; african; children; columbia; commission; communities; community; court; divorce; family law; gender; group; high; human; husband; islamic; journal; jurisdiction; kadhi; law; laws; lma; maintenance; marriage; muslim; parties; pluralism; property; reform; rights; state; supra note; system; tanganyika; tanzania; vol; wife; women; zanzibar
• Love, Honor, or Control: Domestic Violence, Trafficking, and the Question of How to Regulate the Mail-Order Bride Industry by Lindee, Kirsten M. (2007) - should include mail order brides because the vast disparity in bargaining position between the mail order bride and her prospective husband renders her incapable of giving truly informed consent). Indeed, some Australian consumer husbands have claimed that they purchased mail-order brides because it was cheaper to get an Asian wife than to get an Australian prostitute., 60 Even in less extreme cases, however, where IMB clients are not specifically looking for a prostitute, mail-order brides are brought to America with the expectation that they will have sexual relations with the male client, even before he proposes marriage. Keywords: american; columbia; consumer; court; dating; gender; imb industry; imbra; imbs; information; international; law; mail; mail order; marriage; note; order; order brides; potential; problem; protection; services; sex; states; supra; supra note; trafficking; united; violence; visa; women
• The Subtle Side of Sexism by Rhode, Deborah L. (2007) - See also Patricia Sellers, Power: Do Women Really Want It?, FORTUNE, Oct. 13, 2003, at 80 (finding that women had lower career aspirations than similarly situated men). Women are expected to be nurturing, not self-serving; entrepreneurial behaviors viewed as appropriate in men are often viewed as distasteful in women. Keywords: appearance; beauty; bias; catalyst; color; difference; discrimination; employment; family; female; gender; individuals; law; leadership; male; percent; rev; rhode; sexism; social; stereotypes; supra note; time; women; work; workplace
• Subtly Sexist Language by Chew, Pat K.; Kelley-Chew, Lauren K. (2007) - [Vol. 16:3 Subtly Sexist Language We also were interested in temporal changes in language use, especially in changes that may have occurred within the last decade. Thus, it appears that one's beliefs about gender issues affects whether one believes male-gendered language and other sexist language is indeed sexist, and whether one uses male-gendered language or more gender-neutral word alternatives. Keywords: documents; gender; gendered; generics; language; law; male; man; note; percent; person; research; sexism; students; study; supra; time; use; women; word
• Perceiving Subtle Sexism: Mapping the Social-Psychological Forces and Legal Narratives that Obscure Gender Bias by Brake, Deborah L. (2007) - For a general discussion of the failure of discrimination law to address the problems of gender discrimination against women in the academy, see West, supra note 41. How does gender legal education to hear comments that seem to deny gender discrimination is deeply entrenched and takes other than intentional forms.). Keywords: bias; discrimination; discrimination law; esteem; evaluations; gender; gender bias; group; individual; law; major; members; pay; people; perceptions; prejudice; race; research; self; sexism; student; study; supra note; women; world
• (Mis)Appropriated Liberty: Identity, Gender Justice, and Muslim Personal Law Reform in India by Choudhury, Cyra Akila (2008) - An optional code, particularly one that requires Muslim women to opt-in by entirely abandoning Muslim laws, preserves a public/private dichotomy. As Zoya Hasan notes, Muslim women are triply disadvantaged-as members of a minority, as * Keywords: act; article; british; civil; code; communities; community; divorce; family; family law; gender; hindu; husband; identity; india; islamic; law; law reform; laws; marriage; muslim; personal; personal law; reform; religion; rights; secular; secularism; state; supra note; wife; women
• “The Toughest Job”: Adkins v. Rumsfeld, Gender, Incentives, and the Uniformed Services Former Spouses’ Protection Act by Decker, Brian R. (2008) - s8 Califano v. Webster, 430 U.S. 313, 320 (1977) (per curiam) (quoting Califano v. Goldfarb, 430 U.S. 199, 223 (Stevens, J., concurring)). 2008] Columbia Journal of Gender and Law of the USFSPA on a fifty-fifty community property regime where, in the absence of the opportunity to divide the military pension, the state court would opt not to divide the spouse's pension (and assume that, if the court does divide the military pension, it divides the spouse's pension as well): Pension values Division upon Division upon before divorce divorce without the divorce under the USFSPA USFSPA Only the member Member = $40,000 Member = $40,000 Member = $20,000 has a pension Spouse = $0 Spouse = $0 Spouse = $20,000 Member pension Member = $40,000 Member = $40,000 Member = $30,000 > spouse pension Spouse = $20,000 Spouse = $20,000 Spouse = $30,000 Member pension Member = $40,000 Member = $40,000 Member = $40,000 = spouse pension Spouse = $40,000 Spouse = $40,000 Spouse = $40,000 Member pension Member = $40,000 Member = $40,000 Member = $50,000 < spouse pension Spouse = $60,000 Spouse = $60,000 Spouse = $50,000 Table 1: Divided Pension Values Where the Court Would Opt, or Be Compelled, Not to Divide the Spouse's Pension Unless It Divides the Military Pension as Well. Assume member pension = $40,000. Keywords: act; adkins; congress; court; divorce; gender; member; member pension; military; pension; service; service member; spouse; usfspa; women
• Do No Harm: An Analysis of the Legal and Social Consequences of Child Visitation Determinations for Incarcerated Perpetrators of Extreme Acts of Violence Against Women by Conner, Dana Harrington (2008) - According to experts, to protect children, judges must understand CHILD VISITATION: FOCUSING ON THE BEST INTEREST OF THE CHILD 25 (2006), http://www.nationalcasa.org/download/Judges-Page/0606-family-visitation-issue-0036.pdf. Evidence presented at trial showed that young David was extremely aggressive, had difficulty forming relationships with his peers, and often hit, spit on and bit other children. Keywords: abuse; acts; cases; child; children; contact; court; custody; factors; family; family violence; father; gender; harm; incarceration; interest; intimate; issue; law; mother; note; parent; partner violence; perpetrator; prison visitation; relationship; result; rights; supra; supra note; trauma; trial; violence; visitation
• The Equal Rights Amendment: Then and Now by Davis, Martha F. (2008) - Yet, the ERA stalled.39 In her book, Why We Lost the ERA, Jane Mansbridge noted that support for the ERA's overarching principle of sex equality remained strong, but ERA opponents like Phyllis Schlafly succeeded in undermining that support by raising the public's concern about the amendment's effects, particularly on the military, marriage, and privacy. As a strategic matter, rather than argue head-on against sex equality, ERA opponents continue to focus on specific implementation issues, such as co-ed bathrooms and military combat, where support for sex equality is more equivocal.54 Keywords: abortion; amendment; classifications; constitution; court; discrimination; equality; era; eras; gender; justice; law; marriage; military; note; protection; rights; rights amendment; scrutiny; sex; state; support; supra; supreme; u.s; united; women
• The Cultural Property Claim within the Same-Sex Marriage Controversy by Poirier, Marc R. (2008) - [hereinafter Rose, Environmental Controls]. 21 See, e.g., Joseph William Singer, Same Sex Marriage, Full Faith and Credit, and the Evasion of Obligation, I STAN. See, e.g., Larry Catd Backer, Religion as the Language of Discourse of Same Sex Marriage, 30 CAP. Keywords: access; argument; article; case; civil; claim; columbia; congestion; court; cruz; culture; exclusion; gay; gender; group; hereinafter; identity; intellectual; journal; l. rev; law; marriage controversy; marriage equality; new; place; poirier; pollution; property; property claim; public; resource; rev; right; sex couples; sex marriage; shahar; state; status; supra note; trademark; traditionalist; u.s; use; visibility; vol
• Making Mommies: Law, Pre-Implantation Genetic Diagnosis, and the Complications of Pre-Motherhood by Mutcherson, Kimberly M. (2008) - ON PUB. POL'Y, Dec. 2000, at 3, available at http://www.guttmacher.org/pubs/tgr/03/6/gr030603.pdf (discussing various state strategies for dealing with drug using pregnant women including criminal prosecutions); cf Tamar Lewin, Detention of Pregnant Woman for Drug Use Is Struck Down, N.Y. TIMES, Apr. 23, 1997, at A16 (discussion civil detention of a drug using pregnant woman). And, when women carry multiple pregnancies to term, in spite of the clear risk to their future children engendered by gestating large numbers of babies at once, they become media celebrities, not pariahs.136 It is not coincidental that within the universe of potentially harmful behavior in which pregnant women may engage, it is illegal drug use, especially the use of crack cocaine, a drug frequently associated with African-American women, 37 that leads to widespread commentary, unconstitutional infringements on rights, 38 and criminal prosecutions.139 Many women engage in behavior during pregnancy with potential for serious repercussions for a fetus, yet the category of behavior that the law identifies for its most stringent sanctions is narrow and biased. Keywords: abortion; access; birth; child; children; choices; columbia; control; decisions; disability; embryo; fetus; future; gender; health; human; journal; law; laws; life; making; medical; mommies; mother; note; parenting; parents; pgd; potential; pregnancy; regulation; right; screening; state; supra; technology; testing; use; vol; women
• Damned If She Does, Damned If She Doesn’t: De-Legitimization of Women’s Agency in Commonwealth v. Woodward by Karlin, Molly (2008) - 134 Id. at 294 (noting that a national rivalry between England and the United States emerged during trial); cf Carey Goldberg, In a Startling Turnabout, Judge Sets Au Pair Free, N.Y. TIMES, Nov. 11, 1997, at Al (noting the general festivity in England upon the reduction of Woodward's sentence); Tunku Varadarajan & James Bone, Louise Woodward is Set Nonetheless, the outcome in Woodward implies that these defenses may be available to non-mothers like Louise Woodward, even though she lacked the biological justification and failed to present an affirmative defense. Keywords: ann; blame; child; commonwealth; court; damned; death; defendant; defense; eappen; evidence; gender; infanticide; judge; jury; law; malice; mass; massachusetts; matthew; mothers; murder; n.e.2d; state; supra note; trial; verdict; week; women; woodward
• Decisional Dignity: Teenage Abortion, Bypass Hearings, and the Misuse of Law by Sanger, Carol (2009) - See GUTTMACHER INST., STATE POLICIES IN BRIEF: AN OVERVIEW OF STATE ABORTION LAWS, OCT. 1, 2009, available at http://www.guttmacher.org/ statecenter/spibs/spib OAL.pdf. Yet there is an additional reason why judicial bypass hearings serve the law badly. Keywords: abortion; anonymous; app; bypass; bypass hearings; bypass process; case; columbia; consent; court; decision; dignity; doe; gender; girls; hearings; jane; journal; judge; judicial; justice; law; life; maturity; minor; note; parental; parents; petition; petitioners; pregnancy; pregnant; process; rev; right; state; supra; supreme; supreme court; testimony; trial; u.s; vol; women; young
• Reproductive Rights as Health Care Rights by Hill, B. Jessie (2009) - C. Reframing the Abortion Right as a Negative Health Care Right: Other Implications In addition to providing new ways of framing various legal issues pertaining to abortion rights, placing reproductive rights within the broader framework of health care rights may have several political and rhetorical advantages. Reproductive Rights as Health Care Rights REPRODUCTIVE RIGHTS AS HEALTH CARE RIGHTS B. JESSIE HILL* The idea that abortion rights are central to protecting women's health will hardly come as a surprise to most reproductive rights advocates. Keywords: abortion; abortion rights; access; autonomy; care rights; cases; court; decision; gender; government; health; health care; law; laws; medical; note; physician; reproductive; right; south; state; supra; treatment; u.s; women
• Rape, Incest, and Harper Lee’s to Kill a Mockingbird: On Alabama’s Legal Construction of Gender and Sexuality in the Context of Racial Subordination by Halpern, Iris (2009) - Sex, for white women, was both a debased and debasing act when divorced from procreation, monogamy, and the husband's control: a fatal flaw inhering within the promiscuous female that was, when deployed across color lines, an even greater sickness and defect. Columbia Journal of Gender and Law Maryland law, although purporting to align with paternal blood, evolved to render all mixed race children slaves, even those born to white women. Keywords: age; ala; alabama; app; atticus; black; cases; columbia; court; death; defendant; gender; harper; harper lee; incest; journal; law; lee; mayella; mockingbird; note; penalty; race; rape; sexuality; south; southern; state; supra; supra note; v. state; victim; violence; white; women
• Who’s the Man – Masculinties Studies, Terry Stops, and Police Training by Cooper, Frank Rudy (2009) - This reading of the stop and frisk doctrine seeks to uncover assumptions about police officer manhood in the Terry decision that are consistent with the hegemonic patterns of U.S. masculinity in general, and police officer masculinity in particular. Whereas Harris focuses on the culture of honor stance and hypermasculinity, I will provide a more comprehensive account of the structure of masculine identities in general and the hegemonic pattern of police officer masculinity in particular. Keywords: article; civilian; command; command presence; cooper; court; culture; frisks; gender; hegemonic; law; male; man; manhood; masculine; masculinities; masculinity; masculinity contests; men; officer masculinity; order; pattern; police; police officers; police training; policing; presence; race; rev; stops; studies; supra note; terry; terry court; training; u.s; use
• Martha Nussbaum, Essentialism, and Human Sexuality by Ball, Carlos A. (2010) - The full quotation is as follows: Copulation of humans with animals is repudiated because it treats human sexual activity and satisfaction as something appropriately sought in a manner as divorced from the actualizing of an intelligible common good as is the instinctive coupling of beasts-and so treats human bodily life, in one of its most intense activities, as appropriately lived as merely animal. Martha Nussbaum, Essentialism, and Human Sexuality MARTHA NUSSBAUM, ESSENTIALISM, AND HUMAN SEXUALITY CARLOS A. BALL* It is an honor to participate in this program recognizing the work of Professor Martha Nussbaum. Keywords: capabilities; gay; gender; human; law; life; martha; nussbaum; people; sex; sexuality
• Theorizing and Litigating the Rights of Sexual Minorities by Levit, Nancy (2010) - The move that Justice Kennedy makes in Lawrence is not just that people are free to pursue certain types of sexual relationships that they want, it is a recognition that those relationships are important and something the state should support. Another more complicated example concerns arguments regarding the immutability of sexual orientation.' Keywords: american; brief; cases; children; couples; court; evidence; gay; gender; human; immutability; law; lawrence; lesbian; litigating; marriage; minorities; nussbaum; orientation; parents; people; plaintiffs; rev; rights; science; sex; social; state; stories; theorizing; women; years
• Feminism as Liberalism: A Tribute to the Work of Martha Nussbaum by Higgins, Tracy E. (2010) - On the contrary, safety is a critical issue for African women, as it is for women everywhere. 6 Indeed, Catharine MacKinnon argues that private not state power serves as the foundation to women's inequality: Unlike the ways in which men systematically enslave, violate, dehumanize, and exterminate other men, expressing political inequalities among men, men's forms of dominance over women have been accomplished socially as well as economically, prior to the operation of law, without express state acts, often in intimate contexts, as everyday life. Keywords: family; feminist; gender; law; liberalism; marriage; note; nussbaum; rights; state; supra; violence; women
• Queer Relations: A Reading of Martha Nussbaum on Same-Sex Marriage by Jakobsen, Janet R. (2010) - Mary Anne Case also argues that, unlike the Anglican colonists, the Puritans were resistant to the conflation of civil marriage and religious marriage. 49 Mary Anne Case provides an alternative reading of establishment claims by looking not to the establishment of positions held by contemporary religious institutions but to the point in English legal history when religious marriage became established in the state. 0 Keywords: american; case; christian; family; freedom; gay; gender; justice; law; marriage; note; nussbaum; people; policy; public; queer; question; relations; religion; sex; sex marriage; sexuality; state; support; supra; u.s
• Who Secures Women’s Capabilities in Martha Nussbaum’s Quest for Social Justice by Basu, Amrita (2010) - A further question is whether non-democratic states will support human capabilities. CONCLUSION I pose questions about how human capabilities can be secured with some trepidation. Keywords: capabilities; development; gender; human; india; justice; movements; note; nussbaum; rights; state; supra; women
• Creating Collective Capabilities: Women, Agency and the Politics of Representation by Tripp, Aili Mari (2010) - These early forms of mobilization, Kuusipalo argues, created the basis of the contemporary notion of egalitarian and collective partnership, in which all citizens constitute the political community and to which all should contribute equally in their own way: women in their way, men in theirs.82 Women easily translated these notions of collective partnership into the political sphere. With the disintegration of the centrally planned economy and the ensuing economic crisis and loss of jobs in the late 1980s and early 1990s, the earlier notion of woman as worker-mother was replaced by the image of a stay-at-home mother in order to allow women to rest from production work. Keywords: capabilities; countries; equality; female; frames; gender; human; individual; note; nussbaum; percent; quotas; representation; rights; state; supra; union; united; women
• Liberalism, Development, and Gender: Responses to Papers by Nussbaum, Martha C. (2010) - And I assume that there are lots of other people who are going to do the other project, Basu prominently among them. In Liberty of Conscience, I argue that this norm of equal respect entails extending wide latitude to persons to lead their lives in their own way, in accordance with their own conscience, when they are not violating the rights of others--even when one does not at all like what such people say and also do.86 In From Disgust to Humanity, I extend that principle to sex, an area of fundamental self- definition for many if not most individuals (as is religion).87 Keywords: capabilities; case; development; disgust; gender; justice; law; liberalism; marriage; martha; note; nussbaum; people; sex; supra; think; way; women; work
• What Is Forced Marriage – Towards a Definition of Forced Marriage as a Crime against Humanity by Toy-Cronin, Bridgette A. (2010) - This Article argues that there is a need to recognize a crime of forced marriage, but in order to enrich current jurisprudence, it should be limited to only the conferral of the status of marriage and the ongoing effects of that status on the victim. Other crimes that occur within the marriages should not be collapsed into the prosecution of forced marriage; they are separate offenses that need separate recognition. Keywords: afrc; appeals; appeals chamber; cambodia; chamber; crime; decision; gender; international; khmer; law; leone; marriage; note; rouge; sierra; slavery; supra; trial; trial chamber; violence; wife; women
• Criminalizing Coerced Submission in the Workplace and in the Academy by Buchhandler-Raphael, Michal (2010) - 12 Some courts already use the term submission cases while discussing Title VII claims that resulted in sexual submission. Rosa Ehrenreich, for example, argues that workplace harassment is fundamentally an affront to the victim's dignity and personality interests.47A move towards criminalizing coerced sexual intercourse in the workplace and the academy suggests that the exploitation of power to induce sexual submission may further constitute a violation of the fundamental right to human dignity. Keywords: abuse; academy; article; cases; coercion; coercion model; conduct; consent; criminal; gender; harassment; harm; law; model; power; rape; right; sex; submission; submission cases; supra; threats; victims; workplace
• Finding the Fundamental: Shaping Identity in Gender and Sexual Orientation Based Asylum Claims by Hinger, Sarah (2010) - This possible narrowing of gender and sexual orientation based asylum claims is not a necessary outcome of the asylum process. In Part IV, this Article proposes a new method of analyzing asylum claims, which this Article terms an axis-oriented approach. Keywords: asylum; asylum law; b.i.a; characteristic; cir; claims; court; f.3d; female; gay; gender; group; identity; individual; law; orientation; persecution; rights; social; women
• Race Treason: The Untold Story of America’s Ban on Polygamy by Ertman, Martha M. (2010) - Viewing the discourse as Orientalist-essentially an us/them rubric that primarily underpins colonialism-shows that antipolygamy discourse also spoke of Mormon polygamy in us/them terms, treating polygamists not as people, but as problems to be solved. Focusing on the micro or individual, Mormon polygamy was contractual in its liberal divorce rules. Keywords: african; american; black; cartoons; century; children; church; citizenship; civil; columbia; contract; court; family; gender; gordon; government; journal; law; man; marriage; monogamy; mormon; mormon polygamy; new; people; polygamy; polygamy law; race; race treason; reynolds; state; status; supra note; supreme; treason; u.s; united; utah; view; vol; white; wife; wives; women; young
• Introduction by Ezie, Chinyere (2010) - 8 Angela Irvine, We've Had Three of Them Addressing the Invisibility of Lesbian, Gay, Bisexual, and Gender Non-Conforming Youth In the juvenile Justice System, 19 COLUM. Columbia Journal of Gender and Law Barrak Alzaid focuses on gay bodies. Keywords: colum; gender; law
• Appending Transgender Equal Rights to Gay, Lesbian and Bisexual Equal Rights by Adler, Libby (2010) - As gay rights advocates have pushed for formal equality, especially in the same-sex marriage campaign, and have supported this push with a powerfully normalizing discourse that insists on the moral equivalency of different-sex and same-sex intimacies that are premised on an idealized (monogamous, bourgeois and de-sexed) version of both, some people living more marginalized lifestyles have found themselves deeply alienated from the gay community.49 Moreover, their marginalization has been rationalized so that Chief Justice Marshall, the author of the Massachusetts decision granting marriage rights to same-sex couples, can write that people who do not choose to marry can justly be denied the concrete benefits that the law offers to married people.50 In the delirium of successive same-sex marriage victories in Massachusetts,51 Connecticut,5 2 Iowa,53 Vermont,54 and New Hampshire, 55 it is easy to forget that this momentum comes at a real cost for an inclusive gay community and for 49 See, e.g., Mattilda, a.k.a. The employer stated that some of the other women employees complained that Goins's presence in the women's room created a hostile work environment for them.39 This is a telling complaint: by government in the face of the growing homosexual agenda and focusing on the right of citizens to vote on marriage and other issues); Schulman v. Attorney Gen., 850 N.E.2d 505 (Mass. 2006) (upholding citizen-initiated ballot-question on marriage rights for same-sex couples following proposed amendment by right to vote constituencies in the wake of Goodridge v. Dep't of Pub. Keywords: ann; court; discrimination; expression; gay; gender; gender identity; group; identity; law; marriage; people; person; rev; rights; sex; state; transgender; west
• Fatwas and Fags: Violence and the Discursive Production of Abject Bodies by Alzaid, Barrak (2010) - Rather than targeting homosexuals, the violence, in all its forms, effectively identifies homosexual bodies. It is not merely that homosexual bodies must be eliminated because they risk spreading homosexuality throughout Iraqi society. Keywords: act; bodies; body; fatwa; foucault; gay; gender; homosexual; homosexuality; iraqi; law; lgbt; note; sistani; society; state; supra; term; violence
• We’ve Had Three of Them: Addressing the Invisibility of Lesbian, Gay, Bisexual, and Gender Nonconforming Youths in the Juvenile Justice System by Irvine, Angela (2010) - Juvenile justice professionals believe this myth because only a handful of LGB and gender non-conforming youths disclose their sexual orientations, act in ways that do not conform to gender norms,3 or have court cases 4 linked to their sexual orientation, gender identity or gender expression. Many juvenile justice professionals assume that LGB and gender non-conforming youths come from middle class, white families, and therefore, juvenile justice jurisdictions detaining large numbers of youths of color do not serve LGB and gender non-conforming youths] This Article shows that both assumptions are wrong. Keywords: conforming; gender; gender conforming; home; identity; justice; juvenile; lgb; non; orientation; percent; system; youths
• Brides without Borders: New Topographies of Violence and the Future of Law in an Era of Transnational Citizen-Subjects by Lodhia, Sharmila (2010) - Lodhia's research examines law and advocacy responses to violence against Indian women through a transnational lens. Part II examines the varied incarnations of NRI abandonment by exploring advocates' direct encounters with the issue while serving Indian women at NGO's and community-based organizations in major urban centers of India and the United States. Keywords: abandonment; abuse; act; advocacy; advocates; asian; borders; brides; cases; court; family; gender; husband; indian; law; marriage; new; nri; south; states; supra note; transnational; u.s; united; violence; wife; women
• When Your Attorney is Your Enemy: Preliminary Thoughts on Ensuring Effective Representation for Queer Youth by Valentine, Sarah (2010) - The New York statute requiring counsel for children does not specifically articulate the type of advocacy counsel must provide, which has led to best interest lawyering being the most prevalent form of child representation in the state. 4 There are several cases which detail the harms faced by queer children in state care. Keywords: attorney; bias; child; children; client; conduct; counsel; court; destiny; gender; interest; law; note; prejudice; queer; representation; rules; state; supra; youth
• Taking Initiatives: Reconciling Race, Religion, Media and Democracy in the Quest for Marriage Equality by Varona, Anthony E. (2010) - Id.; see also Lynda Gledhill, Legislature Approves Gay Marriage, S.F. CHRON., Sept. 7, 2005, at A-I (The measure, which passed [in the assembly] with no votes to spare, marks the first time that a legislative body in the United States has approved a bill that legalizes gay marriage.); Joe Dignan & John Pomfret, California Legislature Approves Gay Marriage, WASH. Dan Walters, Pro-Obama turnout aided Proposition 8, SACRAMENTO BEE, Nov. 11, 2008, at A3. 19.3 Columbia Journal of Gender and Law commentator Bill O'Reilly lauded African American Californians for passing Proposition 8: It was the black vote that voted down gay marriage. Keywords: african; american; anti; ballot; ballot initiative; ban; black; board; california; campaign; church; color; columbia; columbia journal; communities; community; couples; court; day; democracy; election; faith; favor; gay; gay marriage; gay rights; gays; gender; government; initiative; journal; law; leaders; lesbian; lgbt; lgbt equality; lgbt movement; lgbt rights; maine; majority; marriage equality; marriage rights; media; members; movement; new; note; nov; obama; opinion; opponents; people; proposition; public; religion; rev; rights; rights movement; sex couples; sex marriage; state; support; supra; supra note; supreme; times; united; voters
• From Violence against Women to Women’s Violence in Haiti by Faedi, Benedetta (2010) - This Article joins the chorus of scholars that have only recently begun to highlight the flaws of this common belief and conversely, describe female participation in conflict and armed violence, often in order to discover a convincing explanation for why women engage in violence. To be sure, pertinent studies focusing either on violence against women and women's violence, or their reciprocal influences and correlations have already been conducted in several countries tom apart by civil conflict or armed violence. Keywords: children; columbia; columbia journal; conflict; convention; gangs; gender; girls; groups; haiti; haitian; journal; law; note; organizations; port; prince; rape; social; society; supra; victims; violence; women
• Towards a Theory of State Visibility: Race, Poverty, and Equal Protection by Bridges, Kiara M. (2020) - When applied to the woman who depends upon the state to subsidize her prenatal care expenses, visibility is the condition of possibility for the state's demand that poor women make themselves, their homes, their children, their histories, and their private lives objects of a more comprehensive state knowledge.45 When state visibility is understood in this way, the physical visibility of poor women-accomplished by the repeated haling of their physical bodies into the view of institutions or persons who have relationships with the state- 44 See id. at 205 ([T]hc Panopticon must not be understood as a dream building: it is the diagram of a mechanism of power reduced to its ideal form .. ); see also ROBYN WIEGMAN, AMERICAN ANATOMIES: THEORIZING RACE AND GENDER 38 (1995) (describing the Panopticon as an architectural form that demonstrates both materially and metaphorically the new relations of visibility that enmeshed the disciplinary subject). This larger project of state visibility encompasses the ability of the state not only to ask invasive questions, but also to demand answers that may substantiate the state's insistence upon maintaining a regulatory (and punitive, if necessary) relationship with the subject.46 In sum, in the context of PCAP/Medicaid, poor women are made grossly visible to the state after having run a gauntlet of questions about various subjects, including, but not limited to, their immigration status, history of drug use and abuse, sources of income, diet, history of domestic violence, receipt of public assistance, history of investigations by 'ACS, history of sexual abuse, and criminal record. Keywords: care; children; class; columbia; columbia journal; corporeal; court; gender; health; history; journal; law; laws; medicaid; note; pcap; persons; poor; poverty; protection; race; scrutiny; social; state; state visibility; supra; suspect; u.s; welfare; women
• Forced Marriage and the Exoticization of Gendered Harms in United States Asylum Law by Millbank, Jenni; Dauvergne, Catherine (2010) - In this, way, the understanding of force in forced marriage refugee claims came to resemble the very limited discourse around forced marriage in American domestic politics, as concerning only child marriage and human trafficking. In the context of forced marriage claims this would mean that children previously subject to marriage before the legal age of consent could likewise be characterized as acquiescing to it (rather than as a priori forced to marry because they lacked the ability to consent). Keywords: american; asylum; basis; cases; cir; claims; columbia; columbia journal; court; decision; fgm; gao; gender; group; guidelines; immigration; journal; law; marriage; note; persecution; refugee; rights; social; states; supra; united; united states; women
• Situating Feminism, Patent Law, and the Public Domain by Foster, Laura A. (2011) - This lack of attention raises awareness of the need to broaden our approach to studies of patent law and the public domain. During recent fieldwork in South Africa, I began to consider patent law as a feminist site of inquiry and to think through the difficulties of such an examination. Keywords: access; benefit; columbia; columbia journal; culture; domain; egalitarian; feminist; gender; gendered; journal; knowledge; nature; new; note; notions; patent law; peoples; production; property; property law; public; relations; rights; san; scholarship; science; sharing; social; supra; supra note; values; women; work
• Mending the Safety Net through Source of Income Protections: The Nexus between Antidiscrimination and Social Welfare Law by Flagg, Kinara (2011) - Fair housing advocates report that although housing discrimination on the basis of race continues to occur, it is more subtle than it was years ago, when African American homebuyers and renters reported being told directly they were not welcome in certain buildings or housing developments because of their race.6 Discrimination against a tenant on the basis of her disability or her source of income, however, may be much more blatant. The ECOA thus makes discrimination on the basis of income from any government program unlawful, while the ARRA and the LIHTC program are both limited to protecting Section 8 voucher holders against housing discrimination. Keywords: act; antidiscrimination; approach; assistance; columbia; disabilities; discrimination; fair; families; federal; fha; gender; housing; housing discrimination; income; journal; law; laws; new; note; people; program; public; rights; section; source; supra; voucher; welfare
• Deconstructing the Body: Transgender and Intersex Identities and Sex Discrimination – The Need for Strict Scrutiny by Ezie, Chinyere (2011) - In arguing that sex should be accorded strict, not intermediate, scrutiny, this Article takes note of the parallels between sex discrimination and race discrimination-parallels that emerge when binary sex classification is understood to be neither innate nor natural. In addition, it discusses how a strict scrutiny approach to sex discrimination will lead to a more robust understanding of discrimination based on gender identity and gender roles. Keywords: article; birth; bodies; body; classifications; columbia; columbia journal; court; discrimination; female; gender; identity; intersex; journal; law; male; note; people; persons; protection; race; rev; scrutiny; sex; sex classifications; sex discrimination; state; supra; supra note; surgery; suspect; transgender; u.s; women
• The Stubborn Persistence of Sex Segregation by Cohen, David S. (2011) - Sex segregation that does so should be forbidden, whereas sex segregation that does not, or better yet, sex segregation that works to counter the subordination of women, should be permissible. Public universities and colleges also sex segregate in living arrangements-from dorm rooms to 143 Unlike the description of mandatory sex segregation in the previous section, the list here is not meant to be exhaustive, as there is no definitive source for this type of sex segregation, but rather merely representative of this type of government sex segregation. Keywords: ann; anti; boys; brain; cases; cir; code ann; columbia; columbia journal; constitutional; court; education; equality; feminism; forms; gender; girls; government; institutions; journal; law; laws; laws ann; note; people; public; race; rev; schools; segregate; sex differences; sex discrimination; sex segregation; stat; states; supra; supreme; theory; title; treatment; u.s; way; west; women
• The State-Created Danger Doctrine in Domestic Violence Cases: Do We Have a Solution in Okin v. Village of Cornwall-on-Hudson Police Department by Awoyomi, Atinuke O. (2011) - Like the Okin court, it is important for courts to recognize the benefits of being sensitive to the issues of domestic violence when deciding cases where domestic violence victims bring claims against police officers for the violation of their due process rights. This flexibility affords critically important judicial discretion in interpreting the 286 See Schneider, supra note 19, at 358. 287 See Miccio, supra note 261, at 432. 288 id. 50 COLUMBIA JOURNAL OF GENDER AND LAW 20.1 doctrine, which allows domestic violence victims to prove claims alleging the violation of their due process rights against police officers in federal court. Keywords: actions; arrest; columbia; court; danger; danger doctrine; gender; journal; law; okin; okin court; perpetrator; police; police officers; sears; state; victim; violence
• Acuna and the Abortion Right: Constraints on Informed-Consent Litigation by Eidmann, Kathryn A. (2011) - In addition to serving as an incrementalist antiabortion strategy, abortion malpractice claims are also an early expression of the woman-protective antiabortion argument: that abortion is wrongful not only because it terminates a potential life, but also because it harms women.3 1 Vincent Rue has claimed that [t]he two most common causes of action in abortion malpractice are: (1) negligence in evaluating/ screening a patient, pre-abortion; and (2) lack of informed consent . . . Keywords: abortion; abortion malpractice; abortion providers; acuna; amendment; claims; columbia; columbia journal; consent; court; decision; gender; informed; journal; law; life; malpractice; note; post; providers; psychological; reardon; risk; state; supra; tort; u.s; women
• Unwilling Avatars: Idealism and Discrimination in Cyberspace by Franks, Mary Anne (2011) - This Article argues that the idealist view sets up a false picture of cyberspace that preempts the proper evaluation of the harms of cyberspace harassment. If cyberspace harassment makes many women feel less safe online than they do in real life, and more exposed and vulnerable to sexual aggression both on and offline, this undermines the idealistic promise of cyberspace in a significant way. Keywords: article; avatars; columbia; columbia journal; cyberspace; gender; harassment; ideas; internet; journal; law; liberty; life; locke; note; online; speech; state; supra; users; way; women; world
• Unsex CEDAW? No! Super-Sex It! by Hernandez-Truyol, Berta Esperanza (2011) - The Ongoing Relevance of Woman This Part's goal is to show, in light of facts about the condition of women around the world, that the category woman remains essential. The International Labor Organization's March 2010 report, titled Women in labour markets,25 provides data on women and work. Keywords: art; cedaw; columbia; convention; discrimination; economic; equality; gender; human; journal; law; note; rights; sex; women; work
• Unsex CEDAW, or What’s Wrong with Women’s Rights by Rosenblum, Darren (2011) - But in 1946, the march toward women began with the Commission on the Status of Women (CSW), established as a commission of the Economic and Social Council of the United Nations (ECOSOC). COLUMBIA JOURNAL OF GENDER AND LAW ICCPR 73 in 1966 and the Declaration on the Elimination of Discrimination against Women (DEDAW) in 1967.74 The ICCPR's language on this issue includes Article Two's reference to sex as one of the protected categories (after race and colour) and Article Three's reference to ensuring the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant. Keywords: article; cedaw; cerd; columbia; columbia journal; convention; countries; cultural; discrimination; equality; female; feminist; focus; gender; gender equality; gender identity; group; human; identity; international; issues; journal; law; non; norms; note; parties; principles; public; rights; rights law; sex; sex discrimination; states; subject; supra; supra note; term; treaty; u.n; united; victims; women; work; world
• Trying International Crimes on Local Lawns: The Adjudication of Genocide Sexual Violence Crimes in Rwanda’s Gacaca Courts by Amick, Emily (2011) - In Part III, I will identify the long-term impact of the manner in which sexual violence crimes from the genocide were adjudicated. 9 Recognizing that, this Article is an evaluation of the national adjudication of sexual violence crimes from the Rwandan genocide; a discussion of the reparations offered to victims is outside of its scope. Keywords: art; cases; category; clark; columbia; columbia journal; community; courts; crimes; gacaca; gacaca courts; gacaca jurisdiction; gacaca law; gender; genocide; genocide law; international; journal; judges; july; jurisdiction; justice; kigali; law; national; people; process; rape; report; rights; rwanda; supra note; survivors; torture; tutsi; victims; violence; violence crimes; women
• Raising the Standard of Abortion Informed Consent: Lessons to be Learned from the Ethical and Legal Requirements for Consent to Medical Experimentation by Seo, Jennifer Y. (2011) - Planned Parenthood of the Heartland v. Heineman shows why further guidance on the content of the risk disclosures is needed.14 1 There, the District Court for the District of Nebraska enjoined Nebraska from enforcing a bill signed by the governor in April 2010 that imposed extensive abortion risk disclosures based on the legislature's finding that the existing standard of care for preabortion screening and counseling is not always adequate to protect the health needs of women and that clarifying the minimum standard of care for preabortion screening and counseling in statute is a practical means of protecting the well-being of women .... ,,142 Nebraska, within the context of Gonzales's greater deference to legislative decisions in determining medical risk, had made this finding based not on a general consensus of the scientific community, but on a few anecdoctal stories about women who had had adverse psychological effects after an abortion and despite 140 Id. 141 Planned Parenthood of Heartland v. Heineman, 724 F. Supp. However, City of Akron and Thornburg's requirements of patient-centric, individualized, and focused informed consent disclosures were overruled by Planned Parenthood of Southeastern Pennsylvania v. Casey, which set the current standard for abortion informed consent disclosures. Keywords: abortion; cioms; columbia; consent; disclosure; experimentation; gender; guidelines; helsinki; human; information; journal; law; medical; note; nuremberg; requirements; research; risks; state; subject; supra; supra note
• Necessary Third Parties: Multidisciplinary Collaboration and Inadequate Professional Privileges in Domestic Violence Practice by Baker, Jeffrey R. (2011) - As proposed below, even conservative reforms to anachronistic rules could promote greater collaboration and better outcomes for domestic violence clients. Partners and staff at the Centers may strive to ensure client confidentiality within each participating agency and to reassure clients of the confidentiality of the proceedings, but these are only functional aspirations. Keywords: attorney; client; client privilege; collaboration; columbia; columbia journal; communication; confidentiality; counseling; counselor; court; family; gender; health; information; journal; katrina; law; lawyer; note; patient; presence; privilege; professional; rules; services; state; supra; victims; violence; women; workers
• Correcting Myopia in Domestic Violence Advocacy: Moving Forward in Lawyering and Law School Clinics by Carey, Camille (2011) - This article argues that domestic violence lawyering should expand beyond its current focus on family law to move domestic violence law and practice forward. To move domestic violence law and advocacy forward, we need to more actively engage in dialogue about priorities for civil domestic violence advocacy and take braver and broader steps on behalf of victims. Keywords: advocacy; cases; clients; clinic; columbia; community; domestic; family law; gender; individual; journal; law; law school; lawyering; matters; new; representation; school; services; students; systemic; victims; violence; violence advocacy; violence law; violence lawyering; violence victims; women; work
• Taxing the Family Work: Aid for Affluent Husband Care by McCluskey, Martha T. (2011) - 213 Even for married breadwinners with dependents, where two parents are available to divide market earning and family caretaking, an income-splitting tax break for dependents would not work well to support dependent care, since nearly half of all children live in households with income too low to pay income tax. On top of cancelling out much of the 2001-04 marital tax benefits, the AMT system removes personal exemptions, a primary source of income tax support for taxpayers providing or caring for dependents. Keywords: bob; bonus; breadwinner; care; caretaking; columbia; columbia journal; couples; earning; family; family tax; gender; homemaker; homemaking; husband; income; income levels; income splitting; income tax; individual; journal; labor; law; market; marriage; marriage tax; non; note; services; splitting; spouse; supra; supra note; tax law; tax policy; tax rates; tax support; tax system; taxation; time; wives; work
• Rules for Radical Lawyers: Advancing the Abortion Rights of Inmates by Egerman, Mark (2011) - 223 D. Inmate Abortion Rights as an Alinsky-Inspired Campaign Not only does a focus on inmate abortion rights represent a necessary campaign on behalf of a subordinated group, but it 221 Other legislation prohibits servicewomen from having equal access to reproductive care. Justice Kennedy, as the sole swing vote on the issue, has shown a willingness to restrict abortion rights when presented with a compelling state interest, something that would likely lead him to side with the prison were a case to be argued under the deferential Turner test. Keywords: abortion; alinsky; amendment; argument; article; backlash; change; columbia; columbia journal; court; eighth; gender; impact; inmates; journal; law; litigation; movement; note; prison; reproductive; rev; rights; roe; role; rosenberg; supra; supra note; u.s; women
• Introduction by Franke, Katherine (2011) - 21.2 C COLUMBIA JOURNAL OF GENDER AND LAW reading the legal realists and their progeny, the Critical Legal Studies scholars, Butler's work does much more than merely point out law's internal contradictions, essentially political nature, or ways in which the rule of law, in the end, serves the powerful and privileged. Yet starting with Gender Trouble, and continuing through the more recent work on war, humanitarianism and grievable lives, Judith Butler has distinguished herself as among the most important contemporary scholars of law. Keywords: gender; law
• Sexual Consent: Some Thoughts on Psychoanalysis and Law by Butler, Judith (2011) - The Silencing Effects of Regulatory Law One clear way that the law addresses sexual consent is through age of consent laws. Shall we then accept that sexual consent is always an expression of a pure and spontaneous freedom, or shall we worry that consent is nothing other than a discourse that works it ways with all of us, confirming our unfreedom? Keywords: age; child; columbia; consent; foucault; gender; journal; law; laws; life; sex; way
• The Provocations of Enduring Friendships by Scott, Joan W. (2011) - COLUMBIA JOURNAL OF GENDER AND LAW Derrida's comment in his Politics of Friendship, in a reference to Heidegger, might well serve as the epigraph for this paper: The question what is friendship? but also who is the friend (both or either sex)? '7 Rubin's call for a distinction between erotic passion and friendship is, interestingly, contradicted by Michel Foucault, who in a 1981 interview with the French magazine Gai Pied, called upon homosexuals to reclaim, as the article is titled, 6 GAYLE RUBIN, Sexual Traffic: An Interview with Judith Butler, 6 DIFFERENCES 74 (1994). Keywords: butler; friendship; gender; kinship; law; politics; sexual
• Laws as Tactics by Spade, Dean (2011) - Finally, critics argue that the telling of transphobic violence through the lens of hate crime transforms this violence into a one-dimensional framework that pretends that all trans people are equally vulnerable to it and erases the race, class, ability, national origin and other vectors that produce certain trans people as especially vulnerable to murder.62 Because the same populations most vulnerable to murder are those targeted for cyclical abandonment and imprisonment in neoliberalism, using hate crimes laws as the approach to violence experienced by trans people means choosing a remedy that will maximize violence to those most vulnerable and probably be most attractive to those least vulnerable (not coincidentally, those people with the most race, class and educational privilege also tend to be setting policy and law reform agendas in non-profits). I believe that Butler's work has further contributions to make to emerging conversations in trans law and politics that are examining biopolitical operations of gender as a regulatory technology in the context of neoliberalism. Keywords: analysis; butler; columbia; columbia journal; foucault; gender; identity; journal; law; life; norms; note; people; politics; population; power; rights; supra; trans; trans people; violence; work
• Performing Interdependence: Judith Butler and Sunaura Taylor in the Examined Life by Abrams, Kathryn (2011) - But if this notion of the body formed by context is already a stretch for disability law, Butler takes this notion further, in two ways. Reconceptualizing Bodies One of Butler's signal contributions in this conversation is to pose a new, orienting question about bodies: what can a body do?9 In formulating this question, she references an essay by Deleuze on Spinoza,10 which she likes because of its focus on capabilities or possibilities rather than essences or ideals. Keywords: body; butler; columbia; disability; gender; judith; law; note; people; sunny; supra
• Performativity between Logos and Nomos: Law, Temporality and the Non-Economic Analysis of Power by Birla, Ritu (2011) - Performativity between Logos and Nomos: Law, Temporality and the Non-Economic Analysis of Power COLUMBIA JOURNAL OF GENDER AND LAW PERFORMATIVITY BETWEEN LOGOS AND NOMOS: LAW, TEMPORALITY AND THE NON- ECONOMIC ANALYSIS OF POWER RITU BIRLA* Judith Butler's signature theorizing of performativity requires attention to the full ethico-political range of the meanings of law, from self-discipline to convention to the juridical logic of sovereignty. The problems of context and historicity structure the early pages of Excitable Speech, where Butler announces her project to show how a theory of the performative 9 For a foundational analysis of colonial law in India, see BERNARD COHN, From Indian Status to British Contract, in AN ANTHROPOLOGIST AMONG HISTORIANS AND OTHER ESSAYS 463 (1990); BERNARD COHN, Law and the Colonial State, in COLONIALISM AND ITS FORMS OF KNOWLEDGE 57 (1996). Keywords: butler; colonial; context; economy; foucault; gender; law; performative; performativity; power; sovereignty; speech; subject
• Law in Drag: Trials and Legal Performativity by Umphrey, Martha Merrill (2011) - Law in Drag: Trials and Legal Performativity COLUMBIA JOURNAL OF GENDER AND LAW LAW IN DRAG: TRIALS AND LEGAL PERFORMATIVITY MARTHA MERRILL UMPHREY* To import Judith Butler's work into a conversation about law is to unfurl a provocative new map of a familiar landscape and to revel in the pleasure of traveling it, off-road, looking anew at landmarks so many have passed by for so long. She has a way of talking about law that pins down its complicity in a stubbornly enduring social order even as she breathes life into it as a domain for exploration and critique. Keywords: butler; columbia; gender; journal; law; nesbit; responsibility; subject; supra; thaw; trials; white
• To Catch a Predator by Adler, Amy (2011) - A portion of the Adam Walsh Act (42 U.S.C. § 16911 (5)(A) (2006)) provides for the [e]xpansion of definition of 'specified offense against a minor' to include all offenses by child predators. (2007) (Many of us have watched Dateline's popular series To Catch a Predator, and organizations such as Perverted Justice that actively look for Interet child predators. Keywords: butler; child; children; columbia; dateline; desire; fantasy; freud; gender; hansen; journal; law; nbc; note; online; pleasure; pornography; predator; sex; sting; supra; television
• Reparations and the Human by Eng, David L. (2011) - PRO AND CON (2006); J. ANGELO CORLETT, RACE, RACISM, AND REPARATIONS (2003); PABLO DE GRIEFF, THE HANDBOOK OF REPARATIONS (2008); FREDERICO LENZERINI, REPARATIONS FOR INDIGENOUS PEOPLES: INTERNATIONAL AND COMPARATIVE PERSPECTIVES (2009); ERIC K. YAMAMOTO ET AL., RACE, RIGHTS, AND REPARATION: LAW OF THE JAPANESE AMERICAN INTERNMENT (2001). '39 Klein defines psychic reparation as an act that encompasses a variety of processes by which the ego feels it undoes harm done in phantasy, restores, preserves, and revives [dead] objects. Keywords: antigone; butler; columbia; gender; human; journal; kinship; klein; law; life; love; reparation; rights; violence
• Absent Friends: Scenes of Address and an Ethic of Self-Making by Kaplan, Morris B. (2011) - If the friend does not return, would Georg have reinforced the notion that he and other friends, whom Georg imagines share his concern, regard the friend as a failure? Partly as a result of his intense engagement with the ancient Greeks, Nietzsche reintroduces the topic with a distinctive turn, interrogating the distinction between friends and enemies, setting the binary opposition in motion.10 Thoreau, too, wonders whether the best friend may not be an enemy to one's own complacency, and the enemy a true friend to one's ongoing development. Keywords: address; butler; columbia; derrida; father; friendship; gender; georg; journal; law; scene; self; son; violence
• Equal Pay for Equal Work – The Distributional Effects of the Assignment Policy for Military Women by Dieckmann, Christina M. (2011) - COLUMBIA JOURNAL OF GENDER AND LAW 0-5 0-6 0-7 0-8 0-9 0-10 Total 7,596 3,373 146 91 48 12 57,318 87./1% 88.1% 94.2% 95.8% 98.0% 100% 83.4% 1,127 454 9 4 I 0 11,424 12.90/ 11.9% 5.80/ 4.20/ 2.00/ 00% 16.6% 5,899 2,819 107 68 31 s 42,842 87.0% 88.6% 94.7% 97.1% 93.9% 100% 85.0% 885 363 6 2 2 7,567 13.0% 11.4% 5.3% 2.9% 6.1% 00/ 15.0% 1,776 679 37 23 15 5 16,154 97.90/ 97.1% 94.90/ 100% 93.80 1000/ 94.2% 3 20 0 1 0 988 2.10/ 2.9% 5.101 0% 6.2% 0% 5.8%/ 8,896 3,146 126 89 36 12 57,703 87.0% 88.0% 86.90/ 95.7% 97.3% 100% 81.8%/ 1,333 43C 19 COLUMBIA JOURNAL OF GENDER AND LAW Total 0-5 0-6 0-7 0-8 0-9 0-10 8,001 3,549 145 87 51 11 58,854 87.6% 88.0% 94.2% 95.6% 98.1%/ 100% 83.30/ 1,135 485 9 4 1 0 11,803 12.40/ 12.0% 5.8% 4.4% 1.90/ 0% 16.7% 5,83 2,763 102 66 3 II 42,273 86.6/ 88.4% 92.70/ 97.1% 93.8/ 100% 84.90X 90 364 8 2 2 0 7,531 13.40/ 11.6% 7.3% 2.9% 6.2%/ 0% 15.1% 1,812 679 40 23 14 4 16,794 97.8% 97.1% 97.60/ 95.8% 93.3% 100% 94.2% 41 20 1 1 I 0 1,026 2.2% 2.9%/ 2.4% 4.2% 6.7% 0% 5.8%/ 8,639 2,991 126 94 31 14 53,887 86.90/ 87.8% 88.1% 96.9% 96.90/ 1000/ 82.0% 1,301 415 17 3 1 11,835 13.1% 12.20/ 11.9% 3.1% 3.1% 00% 18.0%/ 24,284 9982 413 270 126 4( 171,808 87,8% 88.6% 92.2% 96.4% 96.2% 1000/ 84.2% 3,383 1,284 35 1 5 32,195 12,20/ 11.4% 7.80/ 3.60/ 3.80/ 0/ 15.80/ COLUMBIA JOURNAL OF GENDER AND LAW Table A5--Officers by Rank and Gender in the U.S. Armed Forces September 30, 2006 0-1 0-2 0-3 0-4 Male 7,063 5,501 20,112 13,376 80.5% 78.6% 81.5% 86.7%Army Keywords: air; armed; army; assignment; columbia journal; combat; combat exclusion; defense; duty; female; force; gender; ground; ground combat; law; military; navy; note; officers; personnel; policy; positions; promotion; rank; service; supra; supra note; u.s; u.s.c; war; women
• What if Sharia Weren’t the Enemy: Rethinking International Women’s Rights Advocacy on Islamic Law by Quraishi, Asifa (2011) - Drawing on observations incident to my work on the zina (extra-marital sex) laws in Nigeria and Pakistan, I argue for an alternative: women ' rights advocates concerned about the situation of Muslim women around the world would do better not to mention Islamic law at all. I suggest that there is a better strategy for transnational feminist work for Muslim women. Keywords: activists; advocacy; amina; amina lawal; appeal; baobab; bariya; case; columbia; columbia journal; court; example; feminist; fiqh; gender; hudood; human; international; islamic; journal; law; lawal; laws; magazu; muslim; nigeria; note; ordinance; pakistan; public; rape; rights; rights activists; secular; sentence; sharia; state; supra; supra note; way; women; work; world; zina
• The Rising Bar for Persecution in Asylum Cases Involving Sexual and Reproductive Harm by Marouf, Fatma E. (2011) - If U.S. adjudicators want to take more gradual steps towards this approach, they could combine an international human rights analysis that highlights the importance of discrimination with one based on the fundamental rights protected by our own Constitution, much as Canada looks to both international law and its Charter of Rights and Freedoms.354 While, in some cases, international human rights law can provide an immediate answer regarding whether a particular harm such as FGM constitutes persecution, in other situations, such as involuntary insertion of IUDs, applying international human rights law will simply provide deeper insight into the analysis of the harm and help ensure that the cumulative harm is considered. Just as human dignity and self-determination are core concepts of human rights law, many fundamental rights derive from the principle of respect for individual dignity and autonomy, including rights related to sexuality and reproduction. Keywords: article; asylum; bia; cases; circuit; columbia; columbia journal; committee; constitute; court; decision; discrimination; fgm; forms; gender; harm; human; immigration; insertion; iud; journal; law; note; persecution; physical; reproductive; rights; rights law; states; u.n; u.s; women
• How We Still Fail Rape Victims: Reflecting on Responsibility and Legal Reform by Shen, Francis X. (2019) - I argue in this Article that we continue to fail rape victims because we are too quick to give in to our instinct to blame and less willing to engage in the careful reflection that would lead us to see more profoundly our collective responsibility for this failure. It was only when I began to listen more carefully to the accounts of rape victims themselves-when I took a step back and acknowledged my own situation-that I sensed why I was stumbling. Keywords: analysis; article; assault; blame; case; civil; columbia; columbia journal; crime; criminal; evidence; gender; hanson; journal; justice; law; law reform; male; media; national; new; note; problem; psychol; public; rape; rape law; rape myths; rape victims; reform; research; response; section; sex; soc; state; study; supra; supra note; system; victimization; violence; white; women; world
• Mother’s Baby, Father’s Maybe – Intestate Succession: When Should a Child Born Out of Wedlock Have a Right to Inherit from or Through His or Her Biological Father by Davison, Camille M. (2011) - The parent and child relationship may be established in any of the following manners: (b) If a child is born out of wedlock or if a child is born or conceived during a marriage but is not the issue of that marriage, a man is considered to be the child's natural father for purposes of intestate succession if any of the following occur: (v) Dano-417914, Comment to Bobby Fischer to be Exhumed in Paternity Case, MSNBC.coM (June 17, 2010 5:07 PM), http://www.msnbc.msn.com/id/37760170/. 14- Hough, supra note 6. 5 Browne Lewis, Children of Men: Balancing the Inheritance Rights of Marital and Nownarital Children, 39 U. TOL. Keywords: ann; carolina; child; children; columbia; court; death; decedent; evidence; father; gender; illegitimate; inherit; inheritance; intestate; journal; law; mother; north; note; parents; paternity; relationship; states; statutes; succession; supra; wedlock child; west
• Gay Fathers: Disrupting Sex Stereotyping and Challenging the Father-Promotion Crusade by Meyer, Erin Marie (2011) - Moreover, these studies provide some initial evidence from which one can argue that fathers, as traditionally defined, are not essential in ensuring that children experience positive developmental outcomes because the children of gay fathers have not been disadvantaged in their psychosocial growth as compared to children raised by heterosexual parents, despite evidence suggesting that the gay fathers have failed to conform to the father-promotion crusaders' sex-stereotyped definitions of father. Having parsed the term father as used by these authors into these four separate definitions, Part I1 then explores whether gay fathers fit these various definitions and could therefore, at least in theory, fulfill the needs served by having a male parent, a masculine parent, a parent who performs a traditional father role, and/or a parent who is complementary or supplemental to and/or different from a mother. Keywords: children; columbia; crusaders; fathers; gay; gender; journal; law; male; masculine; men; need; note; parent; parenting; promotion; research; role; sex; supra; tasks; women
• Things Little Girls Have No Business to Know Anything about: The Crimes of Aurora Floyd by Ward, Ian (2011) - As the Westminster Review noted in 1864, sensation novels such as Aurora Floyd put the institution of marriage... now upon its trial. 2°4 There is a resonance here with Nancy Armstrong's broader observation that the mid-Victorian novel acted as an empowering agent of nineteenth century feminisation, as well as Kate Flint's related supposition that such literature shaped particular communities of women readers.205 As to the more particular community of sensation novel readers, as Showalter argues, the very popularity of the genre suggests that many women readers recognised themselves in the outspoken heroines. Keywords: aurora; aurora floyd; bigamy; braddon; case; columbia; columbia journal; court; crime; england; floyd; gender; husband; journal; law; literature; marriage; mellish; murder; novels; readers; sensation; supra note; victorian; wife; women
• Inequitable Administration: Documenting Family for Tax Purposes by Infanti, Anthony C. (2011) - §§ 1.6042-2(c) (as amended in 2000), 1.6049-4(g)(1) (as amended in 2006); see GENERAL INSTRUCTIONS, supra note 20, at 4. With the exception of §§ 119 and 134, which adopt definitions of dependent that are coextensive with that employed by § 151, there are gaps between the coverage of these exclusions and the identification and documentation requirement of § 151(e). Keywords: attribution; code; columbia; columbia journal; corporation; credit; dependent; documentation; family; family tax; form; gender; i.r.c; i.r.s; identification; income; income tax; information; instructions; interest; irs; journal; law; note; property; provisions; reporting; requirements; return; rules; section; supra; tax; tax provisions; taxpayer
• Religion by Any Other Name? Prohibitions on Same-Sex Marriage and the Limits of the Establishment Clause by Simson, Gary J. (2012) - That, then, is why we have marriage laws. The Pew Forum explains that Conservative Judaism does not explicitly endorse or disapprove of same-sex marriage, but instead leaves to individual rabbis the decision whether to perform such marriages in states that permit them. Keywords: children; clause; coercion; columbia; court; decision; effect; endorsement; establishment; establishment clause; federal; free; gay; gender; journal; justice; kennedy; law; lawmakers; lawrence; laws; note; opinion; prohibitions; purpose; reasons; religion; religious; sex couples; sex marriage; state; supra; supreme; test; u.s
• Between Tort Law, Contract Law, and Child Law: How to Compensate the Left-Behind Parent in International Child Abduction Cases by Schuz, Rhona; Shmueli, Benjamin (2012) - In relation to use of mediation in child abduction cases, see PERMANENT BUREAU, DRAFT GUIDE TO GOOD PRACTICE UNDER THE HAGUE CONVENTION OF 25 OCTOBER 1980 ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION: PART V - MEDIATION (2011) Abstract This Article deals with a unique intersection between civil (tort and/or contract) law, criminal law, family and child law, and international law. Keywords: abductor; ac model; ac proceedings; action; cases; child; child abduction; child law; columbia; compensation; costs; court; expenses; gender; journal; law; model; note; order; parent; proceedings; return; supra; tort; tort law; tort model
• Pregnant in Foster Care: Prenatal Care, Abortion, and the Consequences for Foster Families by Moore, Katherine (2012) - The New York City Administration for Children's Services (ACS) was still failing to report the number of foster children who have children, services were still lacking, and foster child parents were 115 U.S. Dep't of Health & Human Servs. These agencies have started to respond, at least by acknowledging that pregnant foster children exist. Keywords: abortion; bypass; care; children; columbia; consent; family; foster; gender; girls; health; journal; kinship; law; minor; new; notification; parents; pregnancy; services; state
• Affirmative Sexual Consent in Canadian Law, Jurisprudence, and Legal Theory by Vandevort, Lucinda (2012) - See Vandervort, supra note 7. 406 23.2 COLUMBIA JOURNAL OF GENDER AND LAW of this article is to provide the reader with a detailed introduction to the development of affirmative sexual consent law as interpreted to date by the Supreme Court of Canada; the article does not attempt to provide a comprehensive portrait of Canadian sexual assault law in action at the trial and pretrial levels. Affirmative sexual consent requirements were explicitlyproposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Keywords: agreement; analysis; assault; assault cases; assault law; belief; canada; cases; circumstances; columbia; complainant; consent; court; definition; evidence; gender; journal; law; trial
• A Room for “Adam and Steve” at Mrs. Murphy’s Bed and Breakfast: Avoiding the Sin of Inhospitality in Places of Public Accommodation by Forman, David M. (2012) - L. REV. 961, 1003 (2011) (urging courts to narrowly construe state public accommodation laws, being careful not to find discrimination when the individual or business is simply refusing to endorse a particular message); see also id. at 970 & n.51 (citing two flag-burning cases for the relevant test, whether an intent to convey a particularized message was present, and whether the likelihood was great that the message would be understood by those who viewed it). 24 B. Place-Based and Diffuse Responses to the Perceived Conflict Between Religious Freedom and Civil Rights for the LGBTQI Community Dukeminier Award-winning professor Marc Poirier is a leading scholar in numerous fields including law, gender, and sexuality.25 Professor Poirer contends that the beachhead federalism inherent in the state-by-state patchwork of civil rights laws described above is simply the manifestation of an ongoing societal culture war, or Kulturkampf,26 the core dynamics of which are both place-based and diffuse 27 : place-based in the sense that the Kulturkampf is also engaged at lower jurisdictional levels-city, county, public 20 Singer, supra note 18, at 1295 & n.33. 21 Id. at 1295 & n.32. Keywords: accommodation; act; ann; association; b&b; bed; breakfast; christian; cir; civil; columbia; couple; court; cultural; discrimination; establishment; exercise; federal; freedom; gay; gender; homosexuality; hotel; house; illinois; inn; interest; journal; law; laws; legal; marriage; mrs; murphy; new; notes; orientation; owners; people; place; public; religion; rev; rights; room; sex; social; sodom; state; supra; supra note; text; u.s; united; west; westlaw; yamamoto
• Federalizing Embryo Transfers: Taming the Wild West of Reproductive Medicine? by Daar, Judith (2012) - CHANGE 273 (2011) (summarizing academic literature comparing abortion and ART rights, and analyzing constitutionality of embryo transfer laws under current jurisprudence). For a comprehensive review of state ART laws, see CHARLES P. KINDREGAN, JR. & MAUREEN McBRIEN, ASSISTED REPRODUCTIVE TECHNOLOGY: Keywords: art; asrm; birth; care; case; clinics; columbia; columbia journal; committee; congress; coverage; data; embryo; embryo transfer; fertility; gender; guidelines; health; insurance; ivf; journal; law; license; medical; medicine; multiple; note; number; patient; physicians; practice; pregnancy; rates; regulation; report; reporting; state; success; supra; transfer law; transfers; treatment; u.s
• Honor as Property by Bond, Johanna (2012) - The Article makes the claim that the law in many countries has implicitly treated honor as a form ofproperty and has made legal and social allowances for men who seek to reclaim honor property through violence. This Article makes the claim that the law in many countries has implicitly treated honor as a form of property and has made legal and social allowances for men who seek to reclaim honor property through violence. Keywords: act; article; behavior; claim; code; columbia; communities; community; control; family; family honor; family members; female; form; gender; honor crimes; honor killings; honor property; honour; human; journal; law; male; man; members; possession; reputation; rights; sexual; sexuality; supra note; value; violence; women; world
• Dealing with DOMA: Federal Non-Recognition Complicates State Income Taxation of Same-Sex Relationships by Smith, Carlton; Stein, Edward (2012) - The Relationship of Federal and State Income Tax and the Effect of DOMA Before discussing in detail in Parts II and III the specific authorities on joint filing of state income tax returns in the states relevant to this article, we briefly review the structure of state income tax in the United States and the issue of federal conformity both generally and as to filing status (i.e., single, head of household, married filing jointly, and married filing separately). The project of looking at the effect of DOMA on state income tax has an additional benefit of undermining two common and mistaken ideas, one about family law and one about tax law. Keywords: california; civil; code; columbia; federal; file; filing; form; gender; income tax; joint; journal; law; laws; marriage; new; partners; purposes; return; revenue; sex; sex couples; state; state income; state tax; status; tax law; tax returns; taxes; union
• Sexuality’s Law by Spindelman, Marc (2013) - It may very well be that the very intensities that Bersani, following Freud, sets up as the absolute apotheosis of sex-sex at its very, very best-are most acutely, intensely, fully, absolutely felt when one most insistently wishes to remain one's whole, complete, unified self Bersani is not too far away from registering much of this point-at least as it relates to the realities of HIV-transmission and death from AIDS-when he moves from what his strategy means on a psychic level to what it means in the social world. From Mohr, we get that the experiences and sensations of sex justify sex itself-up to a point (the point of consent), and that so long as sex is consensual, there are virtually no limits to its demand for freedom, if not also moral respect, even when it entails (the risk of) a sexually-caused death. Keywords: aids; argument; assault; autonomy; bersani; boy; case; chambers; charges; code; columbia; columbia journal; community; condom; consent; court; criminal; crimp; death; desire; disease; epidemic; erotics; experience; forms; foucault; freedom; gay; gay men; gay sex; gays; gender; good; halley; harm; hiv; hiv law; homosexuality; ideology; individual; infra; injury; intercourse; journal; law; life; lives; male; man; matter; men; mohr; new; people; person; point; politics; positive; power; public; rape; reason; right; risk; rules; self; sex; sex life; sex sex; sexual; sexuality; shilts; social; state; status; supra note; terms; time; transmission; use; value; view; violence; virus; way; ways; women; work; world; years
• Men at Work, Fathers at Home: Uncovering the Masculine Face of Caregiver Discrimination by Cunningham-Parmeter, Keith (2013) - According to Justice Rehnquist, when employers rely upon invalid stereotypes to deny men family leave, they erect sex-based barriers that injure 4omen28 Scholars have understandably praised the vision of egalitarianism expressed in Hibbs, calling it radical 24' and a virtual paean to fatherhood and gender-neutral co- equal parenting. This is partly attributable to the fact that macho mothers and tender mothers do not threaten hegemonic masculinity in the same way that caregiving men do. Keywords: caregivers; caregiving; children; claims; columbia; court; discrimination; family; fathers; gender; home; journal; law; leave; male; man; masculine; masculinities; masculinity; men; mothers; sex; supra note; theory; u.s; wiesenfeld; williams; women; work; workplace
• Going Offshore: Horseplay, Normalization and Sexual Harassment by Diffee, Chris (2013) - It can thus explain how the harassment of gay men and lesbians, as well as gender outlaws more broadly functions to perpetuate familiar gender hierarchies.8 Sexual harassment represents one of many regulatory practices that reproduce this system of norms, operating, in Franke's words, as a disciplinary practice that inscribes, enforces, and polices the identities of both harasser and victim according to a system of gender norms that envisions women as feminine, (hetero)sexual objects, and men 79 Abrams in particular argues that a pluralized understanding of these dynamics is crucial to a revised theory of sexual harassment. Since the early 1980s, an increasing number of men have brought same-sex sexual harassment claims under Title VII of the Civil Rights Act of 1964.23 Originally, both courts and feminist legal scholars experienced some difficulty accommodating offshore activity in their theories of sexual harassment. Keywords: abrams; abuse; accounts; acts; cases; cir; class; columbia; columbia journal; conduct; courts; discrimination; environment; f.3d; forms; franke; gay; gender; gender norms; harasser; harassment; horseplay; instance; journal; labor; law; male; man; masculinity; new; oncale; order; plaintiff; power; schultz; sex; sex harassment; sexuality; supra note; u.s; white; women; working; workplace
• Embryo Disposition, Divorce & Family Law Contracting: A Model for Enforceability by Forman, Deborah L. (2013) - The Article answers this question by taking a multidisciplinary perspective, incorporating insights from the social science literature, and by situating embryo disposition contracts in the broader context of other family law contracts, including donor, surrogate, co-parenting, premarital and postmarital contracts, with special consideration of the gender issues embedded in these approaches. The Article argues that existing treatment of these various family law contracts lends ample support for finding embryo disposition contracts enforceable, but also demands that embryo disposition contracts satisf certain procedural protections to ensure careful consideration and thorough understanding of the complexities of the issue by the parties. Keywords: agreement; ann; child; children; code; columbia; consent; contract; couples; court; disposition; disposition contracts; divorce; donation; donor; egg; embryo disposition; embryos; gender; journal; law; note; parent; parties; party; premarital; rights; sperm; support; supra; time; treatment; use; west
• Taking the Next Step in the Legal Response to Domestic Violence: the Need to Reexamine Specialized Domestic Violence Courts from a Victim Perspective by Wellman, Kathryn Gillespie (2013) - 93 See MooRE, supra note 88, at 9 (describing studies that show a strong correlation between criminal history and re-arrest for domestic violence, show that the probability of re-arrest was significantly higher for younger defendants, and suggest a relationship between having more charges fled on the current arrest and 464 24.3 COLUMBIA JOURNAL OF GENDER AND LAw Other aspects of domestic violence courts indicate how those charged with creating these courts have integrated principles of therapeutic jurisprudence so as to address concerns that the legal system inflicts further psychological harm on domestic violence victims. Since many of the attorneys representing battered women in specialized domestic violence courts are repeat players, courts could readily reach out to these advocates for aid and support.13 Some proponents of domestic violence courts suggest that these courts have already succeeded at taking into account battered women's autonomy and self-determination in a way that was not possible through the traditional adversarial system. Keywords: batterers; cases; columbia; consequences; courts; gender; goodmark; journal; judges; law; merton; orders; policies; problem; prosecution; reforms; solving; supra note; system; victims; violence; violence courts; violence victims; women
• Introduction: Symposium Honoring the Advocacy, Scholarship and Jurisprudence of Justice Ruth Bader Ginsburg by Franke, Katherine (2013) - COLUMBIA JOURNAL OF GENDER AND LAW INTRODUCTION: SYMPOSIUM HONORING THE ADVOCACY, SCHOLARSHIP, AND JURISPRUDENCE OF JUSTICE RUTH BADER GINSBURG KATHERINE FRANKE* I want to welcome back Justice Ginsburg to Columbia Law School. * Katherine Franke is Isidor and Seville Sulzbacher Professor of Law and the Director, Center for Gender and Sexuality Law at Columbia Law School. Keywords: columbia; gender; ginsburg; law; sex; women
• A Conversation with Justice Ruth Bader Ginsburg by Ginsburg, Ruth Bader; Metzger, Gillian; Gluck, Abbe (2013) - He wrote that he had met many women in his working life who were at least as tough and as capable as he was. I think my father was rather concerned about my interest in becoming a lawyer because, realistically, there wasn't much of a demand for women lawyers. Keywords: case; columbia; court; gender; ginsburg; journal; justice; laughs; law; opinion; people; question; school; states; time; u.s; women
• Introductory Remarks by Migdal, Ariela (2013) - National Foundation for Women Legislators, Facts About Women Legislators, http://www.womenlegislators.org/women-legislator-facts.php (last visited Nov. 13, 2012) (giving statistics for 112th Congress); Jake Miller, Women, Latinos: Record Numbers in Congress, CBS News (Nov. 8, 2012), http://www.cbsnews.com/8301-250_162-5754705 1/women-latinos-record-numbers-in-congress/ (giving statistics for 113th Congress); Press Release, CAWP Election Watch, Record Number of Women 30 Ginsburg COLUMBIA JOURNAL OF GENDER AND LAw down from last year.2 And while women make up about half the workforce, they make up the majority (fifty-nine percent) of the low-wage workforce, and they are clustered in lower-paying positions.' * Women are still a tiny minority of those employed in good-paying blue collar jobs like construction.' While it is wonderful to hear that women make up about half the class at Columbia Law School, the same is not true in the world of unionized and other higher-paying blue collar jobs. Keywords: columbia; discrimination; gender; ginsburg; law; rights; women; work
• Ruth Bader Ginsburg’s Equal Protection Clause: 1970-80 by Williams, Wendy W. (2012) - Ruth Ginsburg and the Standard ofReview The Supreme Court, by 1970, had settled on what had become known as the two- tier approach to equal protection cases. Symposium 41 COLUMBIA JOURNAL OF GENDER AND LAW Ruth Ginsburg called the lower tier approach to sex discrimination the anything goes standard.' Keywords: cases; court; discrimination; gender; ginsburg; law; ruth; sex; u.s; women
• Equality and Choice: Sex Equality Perspectives on Reproduction Rights in the Work of Ruth Bader Ginsburg by Siegel, Reva B. (2013) - As an ACLU Lawyer: Struck v. Secretary of Defenses From the beginning, Justice Ginsburg understood government regulation of women's reproductive choices as presenting core questions of sex equality. If a man and a woman, both Captains in the Air Force, conceive a child, the man is Ginsburg66 COLUMBIA JOURNAL OF GENDER AND LAW deny women equality. Keywords: abortion; court; discrimination; equality; gender; ginsburg; justice; law; pregnancy; sex; siegel; women
• Opening the Door: Ruth Bader Ginsburg, Law’s Boundaries, and the Gender of Opportunities by Resnik, Judith (2013) - Second, when Justice Ginsburg was building sex equality law in the United States in the 1970s, the range of precedents, the number of constitutional documents inscribing sex and gender equality, and the international commitments to that proposition were narrower than they are today. Thanks to Ester Murdukhayeva and to Edwina Clarke for their ever-thoughtful research assistance, to Katherine Franke for convening the Symposium, to Reva Siegel for ongoing discussions about equality's import and frontiers, to the other panelists, and to Justice Ginsburg, who makes reflections on her contributions a special privilege. Keywords: court; gender; ginsburg; international; justice; law; states; supreme; u.s; united; women
• The Difference a Justice May Make: Remarks at the Symposium for Justice Ruth Bader Ginsburg by Baer, Susanne (2012) - Specifically, the status of sex equality law, not to be confounded with sex equality in life, is pretty good. First, I will briefly summarize the state of the art of equality law in Germany today.' Keywords: bverfg; court; equality; gender; german; law; sex; state; women
• The Right to Equality in the South African Constitution by O'Regan, Kate (2013) - The struggle for gender equality needs to be waged on many fronts, and will require us to focus not only on equality law but on taking steps to eradicate deep poverty. ' If one considers De Tocqueville's remarks in relation to the question of gender equality, there can be little doubt that Justice Ruth Bader Ginsburg has been a lawyer who, in the different roles she has played as a lawyer, a professor, and a judge, has played the leading part in the legal struggle for gender equality and it is a great honour to have been invited to participate in this symposium today in her honour. Keywords: constitution; equality; gender; law; south
• Tribute to Justice Ruth Bader Ginsburg by Mokgoro, Yvonne (2013) - 19 See Franny Rabkin, South Africa: Women Need a Foot in the Judiciary Door, ALLAFRICA, Apr. 28, 2010, http://allafrica.com/stories/201004280013.htm (noting that as of April 2010 only 49 judges were women out of 216 permanent judges). In the gender empowerment measure of the United Nations Development Programme, it also does well, being placed 26th out of 182 countries,' but in the United Nations' gender-related development index, it is ranked a poor 129th in the world, again out of 182 countries.7 That wide discrepancy is not only because the various bodies measure different aspects of women's development, but also because the picture of women in South Africa is so mixed.' Keywords: africa; court; gender; law; rights; south; women
• “Rugged Vaginas” and “Vulnerable Rectums”: The Sexual Identity, Epidemiology, and Law of the Global HIV Epidemic by Ahmed, Aziza (2013) - national and local-level laws were passed in an attempt to mandate HIV tests, allow for the detention of HIV positive sex workers, and physically mark sex workers as HIV positive. I show how the construction of biological vulnerability to the HIV epidemic underpins the formation of competing HIV identities upon the existing feminist legal terrain. Keywords: activism; activists; advocacy; aids; columbia; context; development; epidemic; equality; example; feminist; fund; gay; gender; gender identity; gender strategy; global; health; hiv; hiv epidemic; human; identity; international; journal; law; movement; msm; note; people; politics; public; rights; risk; sex; sex workers; sexuality; states; strategy; supra; united; vulnerability; women; world
• When Might Does Not Create Religious Rights: For-Profit Corporations’ Employees and the Contraceptive Coverage Mandate by Benedict, Kathryn S. (2013) - The court then found that the government had a compelling interest in mandatory and continuous participation in the social security system, and that it would be difficult to accommodate religious exemptions. (holding that because University policies allowed for secular exemptions to the requirement that counseling students counsel anyone who asked for help, the university could not deny religious exemptions). Keywords: burden; cir; circuit; clause; contraceptive; corporation; court; coverage; exercise; f. supp; finding; gender; government; granting; health; hobby; inc; injunction; interest; law; mandate; profit; religion; rfra; rights; sebelius; u.s
• Lethal Self-Defense Against a Rapist and the Challenge of Proportionality: Jewish Law Perspective by Porat, Benjamin (2013) - 52 Extensive literature has been written on Rape Trauma Syndrome, describing the symptoms of psychological damage, both short and long term, experienced by rape victims, at times so scarring as to lead to suicide attempts. A study conducted in the United States found that fifty four percent of rape victims felt their lives were in danger or that they were in danger of severe bodily harm (beyond the rape itself). Keywords: attacker; case; columbia; crime; criminal; danger; death; defense; discussion; distinction; force; gender; halakha; harm; journal; justification; killing; law; life; mishnah; party; proportionality; rabbi; rape victim; rapist; right; sages; self; severity; status; supra note; talmud; uncertainty; use; woman
• Realizing the Right to Reparations for Girl Soldiers: A Child-Sensitive and Gendered Approach by Bewicke, Aurora E. (2014) - Moreover, a tenuous causal connection instrumentalizes child soldier victims for the purpose of providing reparations to victims of crimes not charged by the Prosecutor (for which Lubanga still enjoys the presumption of innocence). A better solution would be to take a narrower view of causation and, then, focus on selecting both appropriate and transformational modes of reparations, such as: memorials; sensitivity training programs for officials and awareness campaigns done in the name of the child soldier victims; clinics established in the name of child soldier victims; commemorative days; and the creation of a modest trust fund for projects initiated by former boy and girl soldiers and their families. Keywords: armed; case; child; child soldiers; children; columbia; conflict; court; decision; gender; girl; girl soldiers; journal; justice; law; lubanga; principles; process; programs; prosecutor; reparations; rights; soldiers; statute; supra note; tfv; transitional; victims; violence; women
• The Story of Jewish Polygamy by Goldfeder, Mark (2014) - The Children of Israel are warned that their king should not of Jewish marriage laws. We will follow this history through the various streams of Jewish law and tradition, and watch as the debate slowly shifts from a question of legality to morality, from could to should. Keywords: babylonian; ban; ben; c.e; case; century; children; columbia; columbia journal; divorce; fact; falk; family; frisch; gender; genesis; gershom; husband; israel; jewish; jews; journal; law; laws; man; marriage; monogamy; period; polygamy; practice; rabbeinu; rabbi; rabbinic; ray; responsa; right; second; supra note; talmud; time; torah; tradition; wife; wives; woman; yevamot
• Maximizing VA Benefits for Survivors of Military Sexual Trauma: A Practical Guide for Survivors and Their Advocates by Seamone, Evan R.; Traskey, David M. (2014) - 537, 544 (2012) ([W]omen veterans who may have experienced some form of military sexual trauma may be unwilling to utilize VA services, for fear of encountering the same types of individuals who may have perpetrated the sexual trauma.). 1, 35-38 (2012) (proposing the liberalization of evidentiary standards for MST to permit corroboration based upon fear experienced by the assault, preservation of records developed in restricted reports of sexual assault, and VA-funded examinations of all claimants applying for MST benefits); Shingle, supra note 53, at 175 (recommending that VA MST evaluation standards must be changed in order to lessen the burden of proof for victims of MST); cf Olympia Duhart, PTSD and Women Warriors: Causes, Controls and a Congressional Cure, 18 CARDOzO J.L. & GENDER 327 (2012) (suggesting that elimination of the bar to women participating in combat operations will help to limit the experience of PTSD among women veterans). Keywords: abuse; adjudication; aggravation; app; appeal; assault; b.v.a; basis; benefits; bva; c.f.r; case; claim; claimant; columbia; columbia journal; compensation; condition; connection; date; decision; duty; events; evidence; examination; examiner; federal; file; following; gender; harassment; hazing; health; hearing; incident; information; injury; journal; law; mental; military; mst; mst claims; note; number; obtain; office; opinion; person; physical; pre; process; psychiatric; ptsd; rape; records; report; reporting; response; service; service assault; service trauma; sexual; stressor; support; supra note; survivors; symptoms; time; trauma; traumatic; treatment; va benefits; va disability; va form; va office; veterans; veterans service; victim; women; yes
• An Offer You Can’t Refuse: Coercing Consent to Surgery through the Medicalization of Gender Identity by Silver, Anne E. (2014) - These benefits may be obtainable after the person has taken the steps required by law to reclassify legal sex. The Medicalization of Gender Identity Gender identity is a fundamentally different classification than legal sex. Keywords: benefits; birth; columbia; consent; gender; gender identity; identity; individual; journal; law; legal; medical; model; people; reclassification; right; sex; spade; supra note; surgery; trans; treatment
• A Tribute to the Work of Patricia Williams by Franke, Katherine (2014) - Let me give you an example from a student who recently wrote me with reflections on the first year of law school: 4 Id. at 9-10. 5 Id. at 61. One time I went to office hours to discuss what I perceived as an unjust outcome in a case, and was told that if I wanted to just think of morals in black and white I could have started a family and not come to law school. Keywords: gender; law; race; work
• She’s Having an Episode: Patricia Williams and the Writing of Damaged Life by Berlant, Lauren (2014) - She's Having an Episode: Patricia Williams and the Writing of Damaged Life COLUMBIA JOURNAL OF GENDER AND LAW SHE'S HAVING AN EPISODE: PATRICIA WILLIAMS AND THE WRITING OF DAMAGED LIFE LAUREN BERLANT* I. Anecdotal' I heard a story once about two friends who were trading tales about the ways that white, male supremacy extends itself formally and informally into sexual reproduction: through structure and stricture; statements and gestures; anecdotes and atmospheres; law and families, and not just white families. Keywords: columbia; fanon; gender; journal; law; life; note; object; supra; way; white; williams; work; world
• Reflection by Williams, Patricia J. (2014) - With the transformative lens of that summer, I began to toy with legal fictions and the conception of legal subjects, legal persons, non-persons, and things. Almost all my work since has been a kind of critique growing out of that summer; a critique of synthetic, totalizing interpretations of what Professor Bercovitch has called the meaning of America.' I began to appreciate the suppleness of rhetorical form and to play against the very notion of a singular Ameritan vocality, most especially as that insight extended to legal discourse. Keywords: bercovitch; columbia; gender; law; professor
• Contraceptive Sabotage by Plunkett, Leah A. (2014) - Pregnancy from Sexual Assault Indeed, criminal law does already recognize at least one category of pregnancies as uniformly harmful to pregnant women because they have their origins in an act that, by definition, is unwanted by the women themselves: rape. Accepting the proposition that access to abortion justifies the non-criminalization of sabotage would run directly counter to this entrenched judicial position that the abortion decision belongs to pregnant women and them alone.'93 Keywords: assault; birth; body; code; columbia; contraceptive; control; gender; injury; journal; law; partner; physical; possession; pregnancy; rape; result; right; sabotage; self; sex; sperm; state; statute; supra note; use; women
• Restoring Balance to Abuse Cases: Expanding the One-Sided Approach to Teaching Domestic Violence Practice by Schulte, Katherine E. (2014) - 168 Cf Shalleck, supra note 20, at 1053-54 (noting the importance of students having an outlet for expressing their frustrations and anger about domestic violence clients). On a practical level this is to comport with the case study offered within, which highlights how issues of gender bias may affect domestic violence cases in family court. Keywords: abuse; bancroft; cases; children; client; clinical; columbia; course; court; custody; experience; family; gender; journal; law; meg; parenting; parents; practice; relationship; steve; students; supra note; system; violence; women
• An “I Do” I Choose: How the Fight for Marriage Access Supports a Per Se Finding of Persecution for Asylum Cases Based on Forced Marriage by Nanasi, Natalie (2014) - 28.1 COLUMBIA JOURNAL OF GENDER AND LAW 28.1 certainty surrounding the availability of asylum protection in the courts for individuals fleeing forced marriage, practitioners litigating forced marriage cases must often rely on alternative bases for relief in order to avoid directly confronting the issue of whether forced marriage, standing alone, constitutes per se persecution. The consistent reverence for the marital relationship expressed by the Supreme Court in the domestic sphere, however, stands in stark contrast to the treatment of marriage by courts interpreting asylum law, specifically in the context of cases involving women 9 seek- ing protection in the United States from forced marriage. Keywords: act; asylum; asylum law; case; cir; columbia; consent; court; dec; f.3d; family; gender; group; harm; human; immigration; journal; law; marriage; marry; persecution; protection; right; sex; states; supreme; u.s; united; women
• Deconstructing Rape by Fraud by McJunkin, Ben A. (2014) - L & CRIMINOLOGY 277, 282 (2005) (noting that the American inheritance of common law rape laws has limited our ability to reform a system designed to regulate competing male interests in controlling sexual access to females, rather than protecting women's interest in controlling their own bodies and sexuality). As the Article explains, the rape by fraud doctrine is thus in tension with the prevailing view that rape law principally protects a thick norm of individual sexual autonomy. Keywords: act; autonomy; columbia; conquest; consent; deception; dignity; doctrine; fraud; gender; human; individual; intercourse; journal; laws; masculinity; men; normative; note; power; rape law; rev; rubenfeld; seduction; sex; status; supra; supra note; victim; women
• Brief of 172 Members of the U.S. House of Representatives and 40 U.S. Senators as Amici Curiae in Support of Respondent Edith Schlain Windsor, Urging Affirmance on the Merits by of the United States, The Supreme Court (2015) - In fact, Congress deliberately chose to forgo any examination of how DOMA would affect the many federal laws that take marital status into account, the families that it hurts, or the federal gov- ernment's long history of respecting the significant variability in state marriage laws for purposes of federal law. Variations in state marriage laws, and corresponding inconsisten- cies in eligibility for marriage-based federal benefits, were certainly not new in 1996. Keywords: act; blag; columbia; columbia journal; comm; cong; congress; constitution; couples; defense; doma; gay; gender; hearing; house; interest; journal; judiciary; law; laws; lesbians; marriage; men; report; rights; sex; states; u.s
• Marriage Equality Advocacy from the Trenches by Bonauto, Mary; Esseks, James (2015) - Esseks was co-counsel in U.S. v. Windsor, in In re Marriage Cases before the California Supreme Court, in state court marriage litigation in MD, NY, and OR, and more recently in federal court marriage litigation against 13 states. Long before Hawaii, couples inspired by the Supreme Court's 1967 ruling in Loving v. Virginia filed marriage cases as well.' Keywords: case; columbia; couples; court; doma; freedom; gay; gender; government; journal; law; litigation; marriage; people; sex; state; time
• State Court Protection of Reproductive Rights: The Past, the Perils, and the Promise by Johnsen, Dawn (2015) - State courts interpret the meaning of state laws-constitutional provisions paramount among them- that may provide greater protection for individual rights than the federal Constitution. Overlapping factors converge to create special urgency for attention to state courts. Keywords: abortion; columbia; constitution; court; decision; efforts; federal; funding; gender; health; journal; judges; judicial; justice; law; laws; new; note; oct; parenthood; pregnancy; protection; public; reproductive; restrictions; rights; roe; selection; state; state courts; supra; supreme; supreme court; tennessee; u.s; women; years
• Multidimensional Advocacy as Applied: Marriage Equality and Reproductive Rights by Goldberg, Suzanne B. (2015) - These kinds of questions drew considerable attention from marriage equality advocates after numerous states banned marriage rights for same-sex couples not only legislatively but also through state constitutional amendment.45 There is also an important body of literature that addresses advocacy for marriage rights and abortion access. Keywords: abortion; access; advocacy; advocates; case; columbia; community; couples; court; freedom; gay; gender; journal; law; legal; litigation; marriage; marriage equality; media; note; reproductive; rev; rights; sex; sex marriage; state; strategy; support; supra; u.s; united; windsor; women
• Medical Transgressions in America’s Prisons: Defending Transgender Prisoners’ Access to Transition-Related Care by Agbemenu, Esi (2015) - 9 Systems that operate solely within this limiting binary fail to cover the full spectrum of gender identity and thus serve to marginalize and oppress those who do not fit neatly within the biological and gendered categories of male or female.2 The current Diagnostic and Statistical Manual of Mental Disorders (DSM-5) describes the condition of gender dysphoria as being characterized by the distress that may accompany the incongruence between one's experienced or expressed gender and one's assigned gender, noting that many are distressed if the desired physical interventions by conforming people experience gender dysphoria. '1 8 As such, while some courts have held that gender identity constitutes a serious medical need,109 it has also been made clear that regardless of the holding of a particular case, it should not be assumed that gender dysphoria will meet this standard in every case in which it is alleged.110 108 De'Lonta v. Angelone, 330 F.3d 630, 634 (4th Cir. 2003) (quoting Strickler v. Waters, 989 F.2d 1375, 1381 (4th Cir. 1993)). Keywords: amendment; care; cir; columbia; courts; eighth; gender; gender dysphoria; gender identity; health; inmates; journal; law; medical; mental; need; note; prison; prisoners; self; sex; supra note; transgender; transgender identity; transgender prisoners; treatment
• The Inaccessible Road to Motherhood — The Tragic Consequence of not having Reproductive Policies for Israelis with Disabilities by Dorfman, Doron (2015) - 91 TOM SHAKESPEARE, DISABILITY RIGHTS AND WRONGS 168 (2006). 30.1 COLUMBIA JOURNAL OF GENDER AND LAW C. Passing on the Disability Disability is most often believed to be contagious or passed on genetically. 15 Carter Dillard, Valuing Having Children, 12 J.L. & FAN. Keywords: adoption; article; baby; case; child; children; columbia; connection; court; decision; disabilities; disability; family; gender; health; israel; journal; law; mothers; ora; parents; people; reproductive; rights; society; states; supra note; surrogacy; united; women
• Intersections at the Border: Immigration Enforcement, Reproductive Oppression, and the Policing of Latina Bodies in the Rio Grande Valley by Gomez, Madeline M. (2015) - 125 Immigration and reproductive oppression build upon and reinforce social perceptions that portray immigrant Latina women as irresponsible, expensive victims of their own irrepressible sexuality. 140 Id. 141 Joshua Lang, What Happens to Women Who Are Denied Abortions?, N.Y TIMES, June 16, 2013, at MM42. 142 Id. 30.1 109 COLUMBIA JOURNAL OF GENDER AND LAW well-being of immigrant Latina women and reinforce their subordinated social status. Keywords: abortion; access; american; border; care; columbia; communities; detention; enforcement; family; gender; health; healthcare; immigrants; immigration; journal; latina; law; policies; reproductive; rights; services; state; supra note; texas; u.s; united; valley; women
• Transparent: When Legal Fictions and Judicial Imagination Make Facts Disappear, They Enforce Transphobic Discrimination by Hammer, Gail Anne (2015) - Specifically, I suggest that the legal fiction that permits courts to impute income to unemployed parents should change to explicitly recognize discrimination in hiring. 126 Rhode Island, instead of imputing income, requires unemployed parents to perform community service. Keywords: ann; capacity; case; child support; children; code; code ann; columbia; court; discrimination; earning; education; employment; gender; guidelines; history; identity; impute; income; job; journal; kim; law; minimum; note; obligation; order; parent; party; people; person; potential; rev; sex; stat; support guidelines; time; transgender; transgender parent; wage; wash; west; work
• Over-the-Counter Access to Oral Contraception: Reproductive Autonomy on Pharmacy Shelves or a Political Trojan Horse? by Dougall, Sarah Mac (2015) - The FDA also might balk at allowing OTC OC access for women under eighteen for political reasons, although the option is safe and would be helpful, if the emergency contraception example is any indication.23° To combat these issues, the public would need to be engaged and supportive of OTC OC, and the FDA would need to learn from the critiques of its treatment of emergency contraception.231 Despite its relative futility, a few senators tried to introduce a bill that would encourage the FDA to look into OTC OC. For a discussion of how OTC OC access is a more flexible system, see infra Part III. 30.1 COLUMBIA JOURNAL OF GENDER AND LAW 219 or education, rarely are these facets fully considered together.71 The ACA granted increased benefits to insured women, but not all groups of women are insured at equal rates. Keywords: aca; benefits; birth; birth control; care; columbia; contraception; contraceptives; control; cost; counter; emergency; emergency contraception; employer; et al; gender; health; insurance; journal; law; otc access; otc oc; pills; prescription; states; study; supra note; system; united; use; women
• Parity by Comparison: The Case for Comparing Pregnant and Disabled Workers by Simon, Eliza H. (2015) - 84 Young, 135 S. Ct. at 1348 (quoting 42 U.S.C. § 2000e(k) (2012)) (emphasis in original quotation). 85 Id. at 1349. 30.1 267 COLUMBIA JOURNAL OF GENDER AND LAW workers only in respect to the work limitations that they suffer?8 6 Or might courts, when deciding who the relevant 'other persons' are, .. consider other similarities and differences as well?87 The parties in Young adopted almost polar opposite positions on these questions, and the Court rejected them both.88 Young argued that the second clause of the PDA required employers to provide the same accommodations to pregnant workers with impairments that they extended to some workers with impairments unrelated to pregnancy, even if other similarly impaired, non-pregnant workers would not be accommodated.9 The Court found that Young's approach would unwarrantedly grant pregnant workers a 'most-favored- nation' status, requiring employers to accommodate pregnant workers any time they provided even one or two workers with an accommodation. But it is apparent even now that future pregnancy discrimination plaintiffs' cases will likely hinge on comparisons between pregnant workers and non-pregnant workers with similar impairments. Keywords: accommodations; ada; cases; columbia; comparators; congress; court; disability; discrimination; e.g.; eeoc; employees; employer; gender; impairments; inc; journal; law; pda; pregnancy; pregnancy discrimination; supra note; title; vii; women; workers; young
• PrEP and Our Youth: Implications in Law and Policy by Burda, Jason Potter (2015) - See Jason Potter Burda, When Condoms Fail: Making Room Under the ACA Blanket for PrEP HIV Prevention, 52 san Diego l. rev. 171, 174 n.18, 176 n.28, 182 (2015), http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2489457 [http://perma.cc/2RQX-9LLS]; Kristen Underhill, Paying for Prevention: Challenges to Health Insurance Coverage for Biomedical HIV Prevention in the United States, 38 am. HIV-negative youth in serodiscordant (sometimes termed “serodifferent”) relationships—that is, relationships in which one partner is living with HIV and the other is not—will likely be a growing risk group in the future as a result of HIV normalization and advances in HIV treatment. Keywords: adolescent; age; ann; care; code; columbia; consent; disease; education; emergency; exceptions; gender; health; healthcare; hiv; hiv prevention; infection; journal; jurisdictions; law; medical; minor; note; physician; prep; prevention; provider; risk; risk youth; services; sexual; stat; states; statutes; sti; sti consent; supra; supra note; treatment; use; youth
• Using Title IX and the Model of Public Housing to Prevent Housing Discrimination Against Survivors of Sexual Assaults on College Campuses by Cleary, Shannon (2015) - For survivors of assault, living in close proximity to their assailants and knowing that their assailants could, at any time, swipe their access card and enter the dormitories where survivors live may be debilitating, causing feelings of intense fear, anger, guilt, shame, or panic.7 I will therefore argue in this Note that Title IX compliance must include procedures for guaranteed safe housing after an assault. Using Rankin’s system of dividing incidents into those coupled with formal complaints and those that are not, I propose that the OCR should offer the following recommendations to universities regarding Title IX compliance. Keywords: assault; gender; housing; journal; ocr; students; survivors; title; universities; university; violence
• The Freedom to Choose to Marry by Colker, Ruth (2015) - G. United States v. Windsor: The Right to the Exclusive Benefits of Marriage Justice Kennedy’s opinion for the Court in United States v. Windsor,86 which invalidated Section 3 of the Defense of Marriage Act (DOMA), was a huge victory for the third aspect of marriage equality. —Dana Harrington Conner2 INTRODUCTION Over the last several decades, the Lesbian, Gay, Bisexual, and Trans (LGBT)3 community made the political decision to push for “marriage equality” and the “freedom to marry,” rather than “same-sex” marriage or “homosexual” marriage.4 Like the decision that * Distinguished University Professor and Heck-Faust Memorial Chair in Constitutional Law, Moritz College of Law, The Ohio State University. Keywords: benefits; children; choice; columbia; couples; court; decision; equality; freedom; gender; institution; journal; law; marriage; marriage equality; obergefell; obergefell court; right; sex; sex couples; state; u.s; women
• Disabling Consent, or Reconstructing Sexual Autonomy by Fischel, Joseph J.; O'Connell, Hilary R. (2015) - Under a relationally reconstructed sexual autonomy sensor, sex with your mother’s boyfriend, sex with your high school principal, and sex that involves irreversible injury may be impermissible because of the permanent constraints they level on an individual’s (sexual) future, and therefore hir ongoing ability to codetermine sexual relations.417 Relational sexual autonomy protects not just the sexual 413 See supra note 404. 30.2 draft 3.6.indd Columbia Journal of Gender and law428 30.2 DISABLING CONSENT, OR RECONSTRUCTING SEXUAL AUTONOMY JOSEPH J. FISCHEL* & HILARY R. O’CONNELL** Abstract Does a right to sexual autonomy criminalize the embellished pick-up line? Keywords: age; assault; autonomy; capability; capacity; case; choice; columbia; columbia journal; conduct; connecticut; consent; court; denno; dependence; disabilities; disability; education; feminist; force; fourtin; gender; general; hiv; human; infra; intellectual; journal; kant; kulick; l.k; law; like; nedelsky; notes; nussbaum; people; persons; physical; rape; relations; riddle; right; rubenfeld; rydström; schulhofer; self; sexual; sexuality; spindelman; state; status; supra note; text; victim; violence; women
• Strange Bedfellows: The Destigmatization of Anti-Abortion Reform by Leinwand, Tali R. (2015) - Pro-life groups most recently seized on this legislative history in the recently decided case of Young,17 which illustrated the way in which pro-life groups have adjusted their rhetoric to align with classically feminist interests. Purely in terms of optics, SBA’s success in electing pro-life women to Congress confers upon those pro-life advocates “authority” to speak on the subject in a way that men simply lack. Keywords: abortion; choice; columbia; discrimination; feminist; gender; groups; journal; law; life; movement; pregnancy; rights; sex; women; young
• Undue Delegation: Private Delegation and Other Strategies to Challenge Admitting-Privileges Laws by Ma, Jacqueline Y. (2015) - The distinction makes a difference when we examine state laws and regulations: the due process analysis binds state laws and regulations, while a federal separation of powers analysis cannot, without incorporation into state law, independently bind states.212 To invalidate state laws, the lower courts consider whether a delegation deprives parties of a protected property interest.213 Commentators surveying these decisions have identified various factors called private delegation by lower courts, including whether affected parties are adequately represented; whether the state retains control over the authorized private decision maker, and whether the private actors are authorized to make law in a non- 209 See, e.g., Gen. Elec. Co. v. N.Y. See, e.g., Planned Parenthood of Wis., Inc. v. Schimel, 806 F.3d 906, 912 (7th Cir. 2015) (“But the legislature’s intention to impose the two-day deadline, the effect of which would have been to force half the Wisconsin abortion clinics to close for months, is difficult to explain save as a method of preventing abortions that women have a constitutional right to obtain.”); Columbia Journal of Gender and law550 30.2 decision in Carhart, which was taken to signal judicial willingness to uphold state laws that aim to protect an unborn fetus at the expense of reducing a woman’s ability to choose.5 This Note focuses on admitting-privileges laws, a type of TRAP law that requires physicians who provide abortions to obtain staff privileges at a hospital within a certain distance from their clinics. Keywords: abortion; act; admitting; burden; cir; clinic; columbia; court; decision; delegation; doctrine; federal; gender; government; health; hospital; inc; journal; law; laws; life; medical; note; parenthood; physician; power; privileges; process; providers; public; regulations; state; supra; supra note; u.s; women
• A Better Tenure Battle: Fighting Bias in Teaching Evaluations by Deo, Meera E. (2015) - Instead of supporting these discriminatory barriers to advancement, legal institutions should do away with student evaluations altogether, modify them, or supplement them with more rigorous and less discriminatory forms of evaluation. As others have noted, there is already “an avalanche of articles critiquing and defending student evaluations.”29 Keywords: classroom; color; columbia; comments; dla; evaluations; faculty; female; gender; journal; law; law faculty; note; professor; race; student evaluations; students; study; supra; teaching; teaching evaluations; tenure; women
• Podia and Pens: Dismantling the Two-Track System for Legal Research and Writing Faculty by Tiscione, Kristen K.; Vorenberg, Amy (2015) - Even those who argue that women law faculty are not at a disadvantage have stated as a matter of principle that “[t]o be foreclosed from rising in an organization because of an inflexible two-tier system is unfair, psychologically and organizationally damaging, and for what it is worth, un-American. [http://perma.cc/MXU7-V6TF] (indicating that “since women are also overrepresented Columbia Journal of Gender and law52 31.1 an annual survey of law faculty salaries, but only a small fraction of schools respond to it. Keywords: aba; faculty; gender; law; law schools; legal; lrw; research; schools; standard; status; supra note; teaching; tenure; women; writing
• Putting Legal Writing on the Tenure Track: One School’s Experience by Christopher, Catherine Martin (2015) - Tenured and tenure-track faculty members, who typically have better job security and higher pay, are disproportionately male, while legal writing faculties, who generally have less job security and less pay, are disproportionately female. One way to reconcile this gendered imbalance of status, security, and pay is for law schools to convert legal writing faculty to tenured and tenure- track status.1 Keywords: faculty; gender; interview; law; legal; school; status; supra note; tenure; time; track; women; writing; writing faculty
• ‘Truth and Reconciliation’: A Critical Step Toward Eliminating Race and Gender Violations in Tenure Wars by Kupenda, Angela mae; Lawson, Tamara F. (2015) - Columbia Journal of Gender and law88 31.1 access to individuals in underrepresented groups, they battled first just to gain admission to law schools as students and then to be admitted to the Bar.2 The struggle continued as they also sought to be hired on the permanent faculty at various institutions.3 After securing faculty appointments, candidates from underrepresented groups have continued to wage tenure wars for decades, just for their survival in the academy.4 They confront many obstacles,5 including inconsistent application of rules and requirements,6 micro-aggressions,7 and overt hostilities8 to their successes. In other words, individuals from underrepresented groups appear to be in a war to obtain tenure and otherwise succeed at their institutions.9 While it has been said that, “All is fair in love and war,” even in war there are rules of engagement.10 Therefore, in tenure wars, rules 2 See generally Gwen Hoerr Jordan, Acts of (Incremental) Change: Keywords: cobban; faculty; gender; groups; institution; journal; law; note; process; reconciliation; strategies; supra; supra note; telling; tenure; truth; war; women
• Oil and Water: How Legal Education’s Doctrine and Skills Divide Reproduces Toxic Hierarchies by Jewel, Lucille A. (2015) - Second, the antipodal positioning of doctrine and theory over skills and practice harms law schools’ ability to prepare a new generation of law students to engage in both critical lawyering and law reform. Columbia Journal of Gender and law 11731.1 Across the spectrum of law schools, there is a lopsided concentration of law students towards the high end of the socioeconomic spectrum, which becomes more lopsided with the eliteness of the law school. Keywords: class; doctrine; education; faculty; gender; knowledge; law; law schools; law students; legal; professorate; professors; reform; rev; schools; skills; students; supra note; teachers; teaching; writing
• “Just Another Little Black Boy From the South Side of Chicago”: Overcoming Obstacles and Breaking Down Barriers To Improve Diversity in the Law Professoriate by Green, Michael Z. (2015) - In discussing law schools to attend to become a law professor, Professor Solum stated that: [g]oing to Harvard, Yale, or Stanford—if you can—is clearly a good move. Unhappy spending my time in a technical-oriented field and developing an increasing interest in workplace law issues as a supervisor of several employees, I decided that I would apply to law school. Keywords: american; black; chicago; columbia; discrimination; employment; faculty; gender; hastie; hiring; journal; labor; law; law professor; law school; male; professor; school; university
• Still Using the Wrong Yardstick: Measuring Quality by the Proxies of Bias, Conformity, and Rumor by Dyson, Maurice R. (2015) - Still, we forget to factor into law school faculty governance matters that as faculty, we are so sensitive to bias, pressures to conform, and rumor—more than we may care to admit. But quash that courage, both individually among colleagues and in policies, and law school may be the very embodiment of the injustice they purport to denounce. Keywords: bias; biases; colleagues; columbia; courage; faculty; gender; law; rumor; schools
• Must We Deploy Drones in the Twenty-First Century to Target Under the Radar Discrimination Against Minority Women At Law Schools At Historically Black Colleges and Universities (HBCUs)? by Wu, Edieth Y.; Wu, Edieth Y. (2015) - Unlike WPAs,162 there are female faculty members who will speak up and fight for what is correct and support others who do what is right.163 156 Bonner, supra note 30, at 179 (discussing results from a survey administered to Black faculty women and administrators at an HBCU seeking information about mentoring, research, curricula, climate, and institutional resources—one respondent responded: “[M]en are selected over women even when women are better qualified Of the six HBCU law schools, several are facing gender- based lawsuits.180 These claims of gender discrimination brought by Black women faculty at HBCUs may sound similar to the bias recently found amongst physicians against Black women.181 Keywords: american; authors; black; civil; columbia; discrimination; faculty; female; gender; harris; hbcu law; hbcus; journal; law; law school; marshall; military; race; school; supra note; thurgood; universities; university; white; women
• Who’s Afraid of White Class Migrants? On Denial, Discrediting, and Disdain (And Toward a Richer Conception of Diversity) by Pruitt, Lisa R. (2015) - COLUMBIA JOURNAL OF GENDER AND LAW WHO'S AFRAID OF WHITE CLASS MIGRANTS? Closely related to this taboo are the reasons white class migrants are not viewed and valued as representing the diversity held so dear by the professoriate. Keywords: academy; action; american; blacks; class; class disadvantage; class migrants; class migration; class whites; college; columbia; disadvantage; diversity; education; elite; experience; faculty; gender; generation; identity; income; journal; law; legal; middle; n.y; nonwhites; people; poverty; professoriate; pruitt; race; rev; school; ses; status; students; supra note; times; value; white; whiteness; women; working; working class
• En-Gendering Economic Inequality by Gilman, Michelle E. (2016) - Applying insights of feminist economic theory, the Article analyzes recent Supreme Court jurisprudence about women workers, including Wal-Mart v. Dukes (denying class certification to female employees who were paid and promoted less than men), Burwell v. Hobby Lobby Stores, Inc. (granting business owners the right to deny contraception coverage to female employees on religious grounds), and Harris v. Quinn (limiting the ability of home health care workers to unionize and thereby improve their working conditions). These cases are significant not only due to the sheer numbers of women workers impacted, but also because the workplace dynamics exemplify the chasm between the economic fortunes of the top 1% and everyone else. Keywords: care; care workers; class; columbia; columbia journal; contraception; court; decision; discrimination; economic; employees; employment; family; feminist; gap; gender; harris; health; home; income; inequality; journal; justice; labor; law; lobby; majority; market; mart; pay; power; public; rev; social; states; supra note; supreme; united; wage; wal; women; women workers; workers; working
• “Woman” in the European Human Rights System: How is the Reproductive Rights Jurisprudence of the European Court of Human Rights Constructing Narratives of Women’s Citizenship? by Oja, Liiri; Yaminc, Alicia Ely (2016) - The 1995 Platform of Action of the Fourth World Conference on Women, which extended the ICPD, added: “The human rights of women include their right to have control over and decide freely and responsibly on matters related to their sexuality including sexual and reproductive health, free of coercion, discrimination and violence.”17 In this context, the ultimate decision on whether or not to have an abortion should be a matter for the woman concerned, who should have the means of exercising this right (emphasis added) in an effective way.67 And similarly, by the UN Special Rapporteur on Violence against Women, who has emphasized that: “Acts deliberately restraining women . . . Keywords: abortion; applicant; article; birth; case; columbia; court; eur; gender; h.r; health; human; journal; law; life; rights; violence; women
• Defying Silence: Immigrant Women Workers, Wage Theft, and Anti-Retaliation Policy in the States by Taykhman, Nicole (2016) - (Since the typical narratives surrounding border crossing and immigrant experiences in the workplace have the effect of Columbia Journal of Gender and Law116 32.1 The federal Department of Labor and its Wage and Hour Division, as well as its state- and city-level counterparts, are chiefly responsible for enforcing wage and hour laws.110 These agencies have greater expertise than the police or individual workers in identifying tactics used to avoid paying workers legal wages. 22 Id. Columbia Journal of Gender and Law 10132.1 low-wage and undocumented workers, who are the primary victims of wage theft, never file a claim or receive back wages for their losses.23 This Article questions how governments should respond to wage theft as it affects undocumented women workers. Keywords: anti; columbia; criminal; employer; enforcement; federal; gender; immigrant; immigration; journal; labor; law; law enforcement; laws; nail; new; new york; policy; protections; retaliation; rights; state; status; supra note; undocumented; visa; wage; wage theft; wage workers; women; women workers; workers; workplace; york
• Families Are More Popular Than Feminism: Exploring the Greater Judicial Success of Family and Medical Leave Laws by Webber, Kate (2016) - 45 In FMLA discrimination claims, federal courts use the legal standards developed for proving intent in Title VII discrimination cases.46 For example, courts apply the McDonnell Douglas three-part burden shifting paradigm developed in Title VII case law to FMLA claims.47 Moreover, defendants in FMLA discrimination claims use the same well- 42 Sperino, supra note 39, at 510 (“Once the plaintiff falls within the protected class of the FMLA and qualifies for its statutory entitlements, the employer’s intent is not relevant to establishing liability under the interference provisions of the statute.”) In 2009, New Jersey’s paid family leave law became effective; it provides for up to 6 weeks of paid leave in the amount of 2/3 of weekly salary (the wage replacement is capped). Keywords: albiston; cases; claims; columbia; court; decision; discrimination; employee; employment; family; fmla; gender; ideological; journal; judges; laws; leave; leave laws; sick; supra note; time; title; vii; women; work; workers
• Remembering the Founding of the Journal of Gender and Law by Fredrickson, Caroline (2016) - In fact, we keep replicating them, thinking we are helping women workers—indeed we are, but not nearly as many as we think. After the New Deal, legislation barring discrimination in employment, requiring family leave, and providing health insurance also excluded many women. Keywords: childcare; children; family; gender; journal; law; leave; women; workers
• Babies, Bodies, and Buyers by Williams, Patricia J. (2016) - Instead, Cramblett seemed engulfed by the same race panic that has put the bodies of other children at risk. Stewart pointed out that O’Reilly had grown up in Levittown, New York, a planned community to which the federal and local governments transferred tremendous mortgage subsidies and other public benefits—while barring Black people from living there—in the post–World War II period. Keywords: ashley; bill; children; columbia; cramblett; family; gender; health; journal; law; levittown; life; parents; states; surrogacy; surrogate
• Creditors’ Use of Consumer Debt Criminalization Practices and their Financial Abuse of Women by Johnson, Creola (2016) - 10 “Phantom debt is debt consumers do not actually owe or debt that is not payable to those attempting to collect it.” In this Article, when I use the term “debt collection companies,” I am including companies that buy consumer debts, unless otherwise indicated. Keywords: arrest; car; cash; cfpb; check; children; collection; columbia; companies; complaint; consumer debt; consumers; credit; criminal; criminalization; customers; debt; debt collection; defendants; federal; financial; ftc; gender; haase; information; journal; law; laws; lenders; loan; note; order; payday; payday lenders; payday loan; payments; police; practices; property; rto; state; supra; supra note; tactics; texas; theft; title; women; wsa
• Women in the Shark Tank: Entrepreneurship and Feminism in a Neoliberal Age by Keren, Hila (2016) - 179 Ahl et al., supra note 113 (“In pointing out the fact that women entrepreneurs are stigmatized, victimized, and subject to oppressive structural and institutional circumstances, as much contemporary post-structuralist research does, including our own, women are also deprived of the very agency that mainstream (nonfeminist) research has attributed to them in the first place”). Indeed, studies show that “most women entrepreneurs are found in low-skilled, low-paid occupations, with the greatest earning penalties incurred by wives and mothers who start small, home- based businesses to balance work and family. Keywords: abc; broadcast; business; columbia; entrepreneurs; episode; fact; female; feminism; feminists; gender; inequality; journal; law; lori; market; neoliberal; note; pitchers; season; shark tank; sharks; success; supra; supra note; television; women; work; world; young
• Right Scholarship and the Goddesses of Commercial Law by Martin, Nathalie (2016) - Professor Warren, like Professor Braucher, has expressed deep gratitude for the work and mentorship of Professor Macaulay. [https://perma.cc/P484-XED7]). 108 Elizabeth Warren, Families Alone: The Changing Economics of Rearing Children, 58 Okla. L. Rev. 551, 551 (2005). 109 Id. at 552. 110 Id.; see also Melissa B. Jacoby & Elizabeth Warren, Beyond Hospital Misbehavior: An Alternative Columbia Journal of Gender and Law154 34.1 Professor Warren produces right scholarship, not so much through the whimsy Professor Braucher expressed, but through vivid imagery, as this passage from Bankrupt Children demonstrates: To capture your attention, I might start this Essay with photographs of people in the bankruptcy court. Keywords: bankruptcy; braucher; columbia; consumer; contract; elizabeth; families; flow; gender; goddesses; jean; journal; law; macaulay; non; note; people; professor; protection; rev; scholarship; supra; warren; work; world
• Broad Strokes and Bright Lines: A Reconsideration of Shari’a Based Reservations by Monforte, Tanya (2017) - The question has been posed whether human rights law is “regular” international law, with the contractual characteristics of the Vienna Convention, or whether human rights treaties have a special character which invokes a different kind of norm to protect something like a global community’s interests.22 The assertion of a special status for human rights law triggered the known polemic led by Alain Pellet, under the heading of “human rightism” (“droit de l’hommisme”), against a perceived quest for human rights exceptionalism in international law. Keywords: article; cedaw; cedaw committee; columbia; committee; convention; debate; discrimination; doc; elimination; equality; feminism; gender; general; human; international; islamic; journal; law; note; object; parties; position; private; public; purpose; religion; reservations; rights; rights committee; rights law; rights treaties; state; supra; treaty; u.n; women
• Care and Community Empowerment: Coalition-Building Between Home Care Workers and Disability Rights Activists by Kozak-Oxnard, Andrea (2017) - The median weekly wages for home care workers are $308.84 The median annual earnings of female home health care workers—$16,016—approximately half of the median income of the general female workforce in the United States85—are even less sustainable, due in part to the difficulty that many home care workers have in finding full-time placements.86 Columbia Journal of Gender and law70 35.1 CARE AND COMMUNITY EMPOWERMENT: COALITION-BUILDING BETWEEN HOME CARE WORKERS AND DISABILITY RIGHTS ACTIVISTS ANDREA KOZAK-OXNARD* Abstract This Note looks closely at the issues facing home care workers and the persons with disabilities and older persons who consume that care. Keywords: activists; advocates; agency; benefits; care consumers; care workers; columbia; community; disabilities; disability; disability rights; funding; gender; health; home care; journal; labor; law; living; medicaid; model; pay; people; personal; rights; services; state; supra note; term care; wage; women
• The Deceptive Fermata of HIV-Criminalization Law: Rereading the Case of “Tiger Mandingo” Through the Juridico-Affective by Lawless, Joseph F. (2017) - Discussed below are two state statutes whose contents reflect some of the most common linguistic codifications of HIV penal law. The injection of the affective into the jurisprudential regime of HIV criminalization is shown to be at the core of Michael Johnson’s prosecution and conviction, animating Johnson’s unwitting transformation into HIV itself. Keywords: act; affective; aids; ann; black; body; code; columbia; court; criminalization; gender; haines; hinkhouse; hiv; hiv criminalization; hiv transmission; individual; johnson; journal; law; laws; person; prosecution; state; statute; subject; transmission; trial; west
• “Like a Withered Tree, Stripped of Its Foliage”: What the Roe Court Missed and Why it Matters by Erlich, J. Shoshanna (2018) - [the idea] that the exclusive ‘right’ to abortion liberates women. * Professor, Women’s, Gender, and Sexuality Studies Department, University of Massachusetts Boston. Keywords: abortion; abortion laws; antiabortion; child; children; columbia; columbia journal; court; emphasis; gender; journal; law; laws; life; medical; movement; nature; order; physicians; reardon; report; right; roe; siegel; storer; supra note; women
• Good Girls: Gender-Specific Interventions in Juvenile Court by Gamal, Fanna (2018) - Girls in Girls Court must contort themselves, often with great strain, to conform to rigid gender stereotypes. Girls Court rejects gender-blindness in the juvenile justice system in order to address the unique needs of system-involved girls. Keywords: boys; child; columbia; control; courts; criminalization; detention; exploitation; femininity; gender; girls; girls court; journal; justice; juvenile; maria; note; probation; school; services; social; supra; supra note; system; women; youth
• The Health/Care Divide: Breastfeeding in the New Millenium by Laufer-Ukeles, Pamela; Barzilay, Arianne Renan (2018) - In fact, studies indicate that at least 85% of breastfeeding mothers of newborn infants have expressed milk.183 Returning to work even after a 12-week leave requires pumping in order to reach the 6-month, or 2-year, recommendations set by the medical community and may result in exclusive pumping to enable the mother to fulfill her work responsibilities.184 Pumping at work is imperative because a woman’s milk supply diminishes if she cannot extract milk at regular intervals, thus jeopardizing her ability to continue breastfeeding when at home.185 Inability to extract milk at regular intervals is also painful: milk collects in a woman’s lactiferous ducts and this unexpressed build-up causes engorgement, blocked milk ducts, and infections.186 Recently, federal law made substantial strides in providing accommodations for milk expression in the workplace. As such, it is noteworthy how quickly it has been assumed that pumping and purchasing are equivalent to breastfeeding and provide the only necessary accommodations to breastfeeding mothers. Keywords: aap; accommodations; babies; baby; benefits; bottle; breastfeeding; breastfeeding accommodations; breastmilk; care; caregiving; children; columbia; columbia journal; discrimination; employees; family; gender; health; human; infants; journal; labor; law; leave; market; milk; months; mothers; need; nutrition; parents; policy; pumping; push; rev; rights; separation; states; strategies; supra note; time; u.s; unicef; united; williams; women; work; workers; working; workplace
• Women and Whistleblowing: Exploring Gender Effects in Policy Design by Tilton, Clare (2018) - One representative article published in Fortune in 2014 demonstrates that even a focused discussion about women whistleblowers can serve to reify stereotypes.76 To its credit, the Fortune article avoids making assumptions about women’s absolute rate of participation in whistleblowing, calling the activity an “equal opportunity vocation.”77 Being able to fall back on a legal duty allows for women whistleblowers to play the role of reluctant reporter, bound by a legal requirement, not driven by pride or greed. Keywords: columbia; employees; feldman; financial; gender; incentives; journal; law; lobel; misconduct; new; note; report; reporting; research; state; supra; supra note; whistleblower; whistleblowing; women
• Foreword by Johnson, Alexsis M. (2018) - because black women in America have always had to wrestle with derogatory assumptions about their character and identity” and examining how the politicization of black womanhood affects efforts of Black women to engage in participatory citizenship); Kimberlé Crenshaw, Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics, 1989 u. cHi. Women lawyers of color must also undertake this disparately onerous task in a context that avoids directly naming the very reason for their dual realities— a context that instead prefers “neutral” terms and measures of merit that in reality may more deeply entrench and obscure inequality.11 The third annual conference of Empowering Women of Color12 (EWOC), Double- Consciousness: Women of Color as Advocates for Ourselves and Others, gathered law students, practitioners, and academics together to discuss and strategize around double- consciousness as a phenomenon shared among women lawyers of color yet unique to each person’s idiosyncratic and multi-faceted identities. Keywords: color; gender; law; professor; race; women
• Advocacy in Practice: Women of Color and Our Allies by Brown, Paulette; Gomez, Madeline; Lee, Jin Hee; Mathai, Amreeta; Bootstaylor, Chloe (2018) - Can you describe a situation where you felt actively thwarted by other people in the room because of the intersectionality of your identity? You have implicit biases about yourself and about other people that you interact with. Keywords: color; columbia; gender; law; people; things; women
• Women of Color and Health: Issues and Solutions by Cross, June; Weeks, Nia; Underhill, Kristen; Bootstaylor, Chloe (2018) - We had some reproductive justice roundtables at our office, and we engaged black women around the entire state. I left a meeting right before I came here on clusters where there had been no unopposed Republicans, and the clusters of black women that live in those areas, and engaging them. Keywords: access; care; columbia; community; gender; hiv; law; people; sex; women; work
• Advocacy in Ideas: Legal Education and Social Movements by Bell, Monica; Hernández, Tanya K.; Maldonado, Solangel; Perkins, Rachelle; Thomas, Chantal; Johnson, Olantude; Lopez, Elise (2018) - And I had that benefit right in law school—as part of my trajectory to go into law teaching— when I went on and did law review. I realized in my first semester of law school that teaching was a great job. Keywords: academia; color; columbia; gender; law; law school; legal; people; professor; school; think; work
• Equality in Process: Community Land Dispute Resolution Mechanisms in Kenyan Law by Witchger, Kathryn E. (2018) - 5D § 5 (establishing the National Land Commission). 71 Land Registration Act (2016) Cap. 300 (revising and reformulating the Registered Lands Act). 72 Land Act (2016) Cap. 280 § 4 (stating the purpose of the Act is “to revise, consolidate and rationalize Columbia Journal of Gender and law 7937.1 passed to coordinate the laws that govern the adjudication, registration and administration of community land.73 In the end, three stages of community land emerge, each of which the new laws govern:74 (1) when the land is held in trust for communities;75 (2) in the land adjudication and registration process;76 and (3) in settling community land disputes after registration.77 Before community land is adjudicated, the county government holds it in trust for the community.78 Part II addresses the formalization of TDRMs and discriminatory practices in land laws, and the failure of conventional institutionalist revision clawed back the powers of the Commission and dissolved the Boards. Keywords: act; adjudication; art; columbia; community land; constitution; dispute; elders; gender; institutions; journal; kenya; land; land act; land adjudication; law; laws; mechanisms; national; path; resolution; rights; supra note; tdrms; women
• Intersectionality Squared: Intrastate Minimum Wage Preemption & Schuette’s Second-Class Citizens by Johnson, Alexsis M. (2018) - As a threshold matter, the new test announced in Schuette brings with it a number of potentially consequential ambiguities.151 The fractured nature of the Court’s decision also highlights significant 149 See Recent Legislation, supra note 26, at 606 (“Given (1) this cabining [of Seattle], (2) the minimal amount of political process case law, and (3) the absence of a majority in Schuette, the current scope of the political process doctrine is unclear.”); Lewis v. Bentley, No. 2:16-CV-690-RDP, 2017 WL 432464, at *13 (N.D. Ala. Feb. 1, 2017) (questioning the “so-called” political process doctrine). Instead the plurality reformulated the principle underlying Mulkey, Hunter, and Seattle to announce what some have called a “new test” for finding political process equal protection violations.63 Under this new test, a political restructuring is impermissible when newly enacted legislation or “state action in question . . . Keywords: alabama; color; court; doctrine; gender; intersectional; law; minimum; minimum wage; note; preemption; process; process doctrine; protection; race; schuette; state; supra; test; wage; wage preemption; women
• Eradicating Women’s Surnames: Law, Tradition, and the Politics of Memory by Anthony, Deborah (2018) - Yet, the courts in doing so either failed to cite any definitive legal standard or common law history in support of such claims, or they cited earlier cases that themselves had cited no standard and instead simply fabricated it, simply asserting the principles as if taking judicial notice of an incontrovertible fact that can scarcely be refuted. Even when surnames became more commonly inherited from parents, around the fifteenth century, women were often the parent to pass down the surname to the children; there are many historical examples of married women 18 Id. Ibb-ot is a diminutive Ibb, a pet form of Isabel. Keywords: birth; change; columbia; court; cultural; english; gender; history; husband; journal; law; marriage; memory; modern; names; new; note; status; supra; supra note; surname; tradition; wife; women
• Securing Posterity: The Right to Postmortem Grandparenthood and the Problem for Law by Gan-or, Nofar Yakovi (2019) - Although this normative stance has persisted over the years, in more and more cases of PMG, parents are successfully claiming the right to use their dead child’s sperm in order to become grand- parents.10 The purpose of this article is to begin conceptualizing the interests and motivations of bereaved parents, or would-be grandparents, who wish to produce a grandchild following the death of an adult son. Focusing on the per- spective and experience of bereaved parents, this analysis also accounts for ways in which producing genetic progeny is conceptualized by those pursuing it as a commemorative act. Keywords: bereavement; birth; cases; children; columbia; columbia journal; court; death; deceased; decision; example; family; father; gender; grandparents; israeli; journal; law; medical; note; parents; pmg; pmr; postmortem; practice; process; reproduction; right; son; sperm; state; supra; supra note; use; wish
• Religious Liberty, Immigration Sanctuary, and Unintended Consequences for Reproductive and LGBTQ Rights by Keeley, Laura (2019) - It is possible that a state’s judicial decision has mandated a standard falling between Smith and RFRA for evaluating religious exemption claims, but an analysis of the state of religious liberty law in each of the fifty states is beyond the scope of this Note. The idea of freedom of religious exercise in the United States has existed as long as the country itself. Keywords: act; beliefs; burden; case; church; claims; clause; columbia; court; exercise; freedom; gender; government; hobby; interest; journal; justice; law; laws; liberty; marriage; note; religion; rfra; rights; sanctuary; smith; states; supra; supra note; test; u.s; u.s.c; united
• Biopolitical and Necropolitical Constructions of the Incarcerated Trans Body by Zhang, Christoph M. (2019) - Kosilek IV, 774 F.3d at 68 (citation omitted); Kosilek v. Spencer (Kosilek III), 740 F.3d 733, 736 (1st Cir. 2014), rev’d en banc; Kosilek v. Spencer (Kosilek II), 889 F. Supp. Ten years after Kosilek I, Judge Wolf remarked in Kosilek II that Eighth Amendment access-to-care suits brought by trans prisoners have “recently become more common in Massachusetts because the DOC has repeatedly denied transsexual prisoners prescribed treatment for reasons that the courts have found to be improper,” citing four different cases.197 Keywords: amendment; body; carceral; care; columbia; court; d. mass; death; eighth; gender; journal; kosilek; life; mass; medical; note; people; prison; prisoners; sex; srs; state; supp; supra; trans; transgender
• The Right Family by Ben-Asher, Noa; Pollans, Margot J. (2020) - Further, in the context of family businesses, it risks becoming a steppingstone for radical expansion of rights to businesses themselves. Family businesses are entitled to legal protections of their religious values. Keywords: administration; american; ban; bill; business; children; columbia; columbia journal; corporations; court; crime; families; family; family businesses; family farm; family law; farm; farmers; federal; gender; government; hawaii; immigration; individual; journal; june; labor; law; laws; legal; lobby; muslim; new; note; owners; policies; policy; president; rev; rights; states; subsidies; support; supra; supreme; tax; travel; trump; u.s; united; white
• My Brother's Keeper, My Sister's Neglector: A Critique and Explanation of Single-Sex Initiatives for Black Boys by Lane-Steele, Laura (2020) - On the contrary, Black men earn about $60 more per week than Black women.72 Black men who have dropped out of high school earn almost twice as much as Black women who dropped out: $43,407 compared to $23,120.73 In fact, Black women earn less than Black men at every level of education, and the disparity increases as the level of education increases.74 Although this economic disparity contradicts the “Black men at the bottom of the barrel” narrative, it is also not surprising, given that the wage gap between sexes exists for women of all races.75 First, it employs critical race theory to argue that the increasing and disproportionate number of single-sex initiatives for Black boys and young men is a product of a larger, historically- based discourse that is rooted in a familiar narrative that restoring white patriarchal norms to Black families and communities is key to racial equity, thus privileging the needs of Black men over those of Black women. Keywords: black; boys; brother; brown; college; color; columbia; education; gender; girls; high; journal; keeper; law; male; masculinity; men; note; programs; public; schools; segregation; sex; sex education; sex initiatives; sex schools; state; students; supra; white; women; young
• Understanding Illicit Insemination and Fertility Fraud, From Patient Experience to Legal Reform by Madeira, Jody Lyneé (2020) - I couldn’t have kids of my own and had to have donor children of my own and gone through that whole process and then to find out that my mother’s fertility doctor was impregnating his patient . . . Men who consented only to the use of their own sperm, not donor sperm, were denied the opportunity to become biological parents when their samples were contaminated or unused. Keywords: author; bill; bryan; case; children; cline; columbia; columbia journal; conduct; criminal; doctor; donor; donor sperm; family; fertility; fertility fraud; file; fraud; gender; genetic; husband; illicit; indiana; insemination; interests; interview; journal; judith; law; maggie; medical; note; parents; patients; person; physician; sample; siblings; sperm; supra; time
• We Are Not Struck with Blindness: The Establishment Clause and Religiously Motivated State Preemption of Municipal Non-Discrimination Law by Ritter, Kathleen (2020) - In most cases, state preemption of municipal action is valid and almost impossible to challenge, as will be discussed in Part II.B. On occasion, however, state preemption laws may run afoul of the federal Constitution. A. Equal Protection Challenge To prevail on an equal protection claim against state preemption laws, cities must show that the state law in question either intentionally discriminated against a protected 60 See Hunter v. City of Pittsburgh, 207 U.S. 161, 178–79 (1907). Keywords: act; arkansas; bill; cities; city; clause; columbia; court; discrimination; establishment; establishment clause; gender; government; journal; law; laws; legislative; lemon; preemption; public; purpose; religion; rule; state; state law; statute; test; u.s
• Cruel Optimism: Zika, Lex Sportiva, and Bodies of (Alleged) Contagion by De Lisio, Amanda; Fusco, Caroline (2020) - Interview and observational data were intermittently collected between April 2014 and December 2017 within four key zones of sexual commerce: (i) Copacabana, the infamous beachfront which housed FIFA Fan Fest; (ii) Vila Mimosa, or the red light district of Rio de Janeiro, located less than one kilometer from Maracanã, and therefore in designated FIFA territory; (iii) the Caixa in Niterói, a port district overlooking Centro, or downtown Rio de Janeiro, which housed the official Olympic Fan Zone; and (iv) Barra da Tijuca, home to the newly-built Olympic Park. 29 World Cup & Olympics Popular Committee of Rio de Janeiro, Mega-Events and Human Rights Violations in Rio de Janeiro Dossier, 1, 8 (2015), https://issuu.com/mantelli/docs/ dossiecomiterio2015_eng_issuu Keywords: brazil; columbia; communities; construction; de janeiro; development; event; fifa; games; gender; global; health; host; international; ioc; janeiro; journal; land; law; mega; olympic; rio; rio de; sex; sport; strategies; virus; work; world; zika
• Raping Indian Country by Deer, Sarah; Warner, Elizabeth Ann Kronk (2020) - This article examines issues going to the heart of tribal self-determination— extractive industries operating within and near Indian country1 and how they are impacting tribal communities through climate change and the safety of Native people, especially women and children.2 Given the importance of the topic, the title of this article is deliberately provoking. Accordingly, this Article seeks to shed light on rape such as it affects mother earth, tribal communities, and Native people. Keywords: administration; american; authority; climate change; columbia; columbia journal; communities; country; crime; criminal; development; energy; environmental; federal; gender; government; impacts; indian; journal; jurisdiction; land; law; nations; native; non; note; people; plan; rape; resources; sovereignty; states; supra; supra note; tribal; tribes; trump; u.s; u.s.c; united; violence; women
• Does Climate Change Increase the Risk of Child Marriage? A Look at What We Know--And What We Don't--With Lessons from Bangladesh & Mozambique by McLeod, Christie; Barr, Heather; Rall, Katherina (2020) - 98 COLUMBIA JOURNAL OF GENDER AND LAW 38.1 While child marriages are almost always the result of multiple interconnected factors, this Article will examine the existing evidence of a connection between the impacts of climate change and child marriage and analyze some of the research and monitoring gaps. When child marriage impedes access to education, it not only denies girls the right to education, but also restricts their employment opportunities and decreases their economic 34 Rangita de Silva-de-Alwis, United Nations Children’s Fund, Child Marriage and the Law: Legislative Reform Initiative Paper Series (UNICEF, Working Paper, Jan. 2008), https://www.un.org/ruleoflaw/files/Child_Marriage_and_the_Law[1].pdf [https://perma.cc/7PH8-SCR6] 35 HUMAN RIGHTS WATCH, OUR TIME TO SING, supra note 21, at 40, 57–58. Keywords: action; adaptation; bangladesh; brides; child marriage; children; climate change; columbia; countries; development; education; family; gender; girls; human; impacts; journal; law; mozambique; note; plan; rights; rights watch; risk; states; supra; supra note; united; watch; women; world
• Reimagining Reproductive Rights Jurisprudence in India: Reflections on the Recent Decisions on Privacy and Gender Equality from the Supreme Court of India by Jain, Dipika; Shah, Payal K. (2020) - However, it is necessary to bear in mind that there are still significant limits to privacy rights that underscore why it alone may not be sufficient to protect reproductive rights in India. We also highlight the transformative potential of these decisions, especially for reproductive rights. Keywords: abortion; article; autonomy; chandrachud; columbia; court; decision; discrimination; equality; gender; health; human; india; journal; justice; law; note; pregnancy; privacy; privacy rights; puttaswamy; reproductive; rights; scc; state; supra; supreme; supreme court; u.n; women
• Seeking Justice for Victims of the Guatemalan Sexually Transmitted Disease Experiments 1946–1948 by Lee, Susan S.; Grutman, Aurora J. (2020) - The scientific experimentation supported and funded by the governments of both the United States and Guatemala strengthened these ties by enabling the formation of contacts between United States researchers and Guatemalan leaders of hospitals, prisons, and the military.22 Through these contacts, the United States gained firsthand information about the functions and operations of these Guatemalan institutions, and the institutions may have come to rely in turn on the expertise provided by United States contacts. Because there were so many more men than women enrolled in the United States Armed Forces during World War II, with men exclusively serving in combat roles, it seems reasonable to say that the research experiments were designed to find cures for these sexually transmitted diseases as they manifested in men.53 After the Terre Haute experiments, United States researchers sought a place where it would be possible to do what they could not in the Indiana prison: spread the disease by human vectors (through sexual contact) or by direct injection.54 Keywords: columbia; court; cutler; disease; disease experiments; experiments; gender; government; guatemalan; guatemalan experiments; gutmann; health; human; journal; law; note; plaintiffs; research; study; subjects; supra; supra note; syphilis; united states; victims; wagner
• Miss Diagnosis: Gendered Injustice in Medical Malpractice Law by Plaza, Cecilia (2020) - The current medical malpractice standard of care protects a disincentive to change the knowledge and trust gaps, and some policy change is likely needed in both the medical and the legal spheres to better protect women patients and plaintiffs in medical malpractice cases. However, the legal standard for medical malpractice currently protects the common practice of discounting women patients and their reports of their symptoms. Keywords: amounts; care; columbia; data; diagnosis; female; gender; gender gap; health; journal; knowledge; law; male; malpractice; medical; model; note; pain; patient; plaintiffs; recovery; research; standard; state; study; supra; symptoms; trust; variable; women; women patients
• What’s Old is New Again: How State Attorneys General Can Reinvigorate UDAP Enforcement to Combat Crisis Pregnancy Center Deception by Vlach, Kate (2020) - This Section explores the history of state AGs’ UDAP enforcement choices in response to CPC deception to offer a roadmap of what has worked in the past and to suggest what is possible today under state UDAP laws as they are currently drafted. And though some notarios have been prosecuted under state UDAP statutes and ordered to repay unearned fees,249 as with applying a UDAP law to a CPC, the financial component contemplates only part of the harm. Keywords: abortion; advertising; ags; attorney; california; centers; code; columbia; consumer; court; cpc; cpcs; deception; enforcement; fraud; gender; general; health; journal; law; laws; new; note; practices; pregnancy; protection; public; services; state; statutes; supra; supra note; udap; women
• Infertility and Human Rights: A Jurisprudential Survey by Davis, Martha F.; Khosla, Rajat (2020) - A number of studies and commentaries have identified the relevant human rights concerns raised by infertility and have examined the ways in which human rights concepts map on to clinical, social, and epidemiological observations of childlessness¾whatever its cause.4 Based on this body of analysis, there is no question that the failure to prevent infertility, treat infertility, and recognize and respond to infertility and conditional childlessness raises human rights concerns.5 Further, this survey takes into account the understandings of human rights and infertility urged by advocates in the context of human rights monitoring. Keywords: access; art; article; cedaw; childlessness; columbia; comm; convention; couples; court; discrimination; doc; european; gender; health; human; individuals; infertility; international; ivf; journal; law; note; public; reproductive; rights; treatment; u.n; women
• Intrastate Preemption: A New Frontier in Burdening Choice by Bennington, Juliana (2020) - While litigation against intrastate preemption may be more successful in the reproductive health space as compared to non-public health related local measures experiencing state preemption, this article concludes that advocacy against intrastate preemption legislation is the best strategy to allow localities to protect access. L. & POL’Y REV. 281, 297 (2016) (“[M]any states, especially among those twenty-two GOP-controlled ones, are using state preemption to block even modest local efforts at constructive reform policy areas in health, environment, civil rights, wage-setting and government reform, among other policy areas.”); Badger, supra note 10. Keywords: abortion; access; action; city; columbia; court; gender; government; health; home; intrastate; journal; law; laws; localities; locality; note; preemption; public; rule; state; supra; u.s; zoning
• Mary Doe ex rel. Satan?: Parody, Religious Liberty, & Reproductive Rights by Hammock, Christen (2020) - Mary Doe sued in federal court to enjoin the law as applied to herself and other abortion patients with similar deeply-held beliefs about the abortion decision. By effectively “repeating” religious liberty claims like those made by the Hobby Lobby plaintiffs in the abortion context, the Temple’s challenges change the focus of the legal conversation from abortion rights (which are often insufficiently protected by courts) to religious accommodation (to which courts have been overly deferential even in the face of scientific error).15 By overcoming “abortion exceptionalism”16 that often proliferates both culturally and in lower court decisions, the Temple’s parody helps get abortion litigation “unstuck” from Casey’s undue burden test and opens up space for creative legal arguments against abortion restrictions, which go beyond pure questions of access.17 15 Caroline Mala Corbin, Abortion Distortions, 71 WASH. & LEE L. REV. 1175, 1205 (2014) Keywords: abortion; amendment; case; claims; columbia; consent; court; decision; doe; gender; health; hobby; informed; journal; law; life; mary; mary doe; missouri; note; parody; religion; rfra; right; state; supra; temple; u.s
• The Intersectionality of Age and Gender on the Bench: Are Younger Female Judges Harsher With Serious Crimes? by Hoffman, Morris B.; Shen, Francis X.; Iyengar, Vijeth; Krueger, Frank (2020) - This left us with 1,215 separately-counted sentences, 921 of which were imposed by male judges and 294 by female judges; 608 of which were imposed by older judges, 607 by younger judges; 581 of which were low harms, 331 medium, and 303 high.110 See Table 1. Moreover, as both a theoretical and methodological matter, our results suggest that future empirical studies of judicial behavior recognize that as judges age, their decision-making may change in ways that are relevant for criminal sentencing. Keywords: age; cases; columbia; courts; crimes; criminal; data; female; finding; gender; harm; interaction; journal; judges; law; note; party; punishment; race; results; sentences; sentencing; state; study; supra; trial
• Letter from the Editors: Honoring the Life and Legacy of Justice Ruth Bader Ginsburg by The Editors of Volume 40 of the Columbia Journal of Gender and Law (2020) - As a member of our Board of Advisors and alumna of Columbia Law School, Justice Ginsburg has been a guiding light for students serving on our staff since the Journal’s inception thirty years ago. In her introduction to our first issue, Justice Ginsburg described our mission to “portray today’s feminist movement, not as unitary, rigid or doctrinaire, but as a spacious home, with rooms enough to accommodate all who have the imagination and determination to work for the full realization of human potential. Keywords: columbia; gender; ginsburg; justice; law
• What To Expect When You’re No Longer Expecting: How States Use Concealment and Abuse of a Corpse Statutes Against Women by Chandra, Nisha (2021) - These expectations of motherhood result in a model of “good” motherhood as white, middle-class, and heterosexual.133 This duty of motherhood extends to the prenatal phase, where there is enormous pressure placed on pregnant women to be the protector of the fetus and make sure it is as healthy as possible.134 As a part of this idealized model, women are expected to perform a litany of “correct” behaviors—eat the right foods, sleep in the right positions, and get the right amount of prenatal care—regardless of any barriers such as a lack of education or access to healthcare.135 While these behaviors may be in the best interest of the fetus, failing to perform them is not necessarily a crime.136 Parents have no legal duty to use their bodies to save their children,137 yet society expects this self-sacrifice from pregnant women. In El Salvador, women who experience pregnancy loss are immediately under criminal suspicion.180 The Utah legislature passed the Criminal Homicide and Abortion Revisions Act in 2010, which includes provisions to punish pregnant women who “knowingly” commit an act that could result in miscarriage.181 Laws such as these put the state in the position of balancing the rights of the fetus and the woman, as well as determining whose rights gets precedence when they conflict. Keywords: abortion; abuse; care; child; columbia; concealment; corpse; death; fetus; gender; health; journal; law; laws; loss; miscarriage; note; pregnancy; pregnancy loss; public; states; statutes; stillbirth; supra; women
• A Fairer, Safer, and More Just System for All New Yorkers: Domestic Violence and New York Bail Reform by Gutenplan, Hannah (2021) - New York is the only state that does not allow courts to consider public safety when making release decisions.213 Before the 1970s, all bail statutes permitted judges to only consider flight risk when setting bail conditions.214 Following the era of “tough on crime” rhetoric, the 1984 Bail Reform Act, and the Supreme Court’s ruling in Salerno, states began to allow judges to consider public safety when setting bail or imposing pretrial detention.215 Many states also adopted preventative detention following the 1984 Act.216 In 2012, the New York Criminal Justice Agency (CJA), after a decade of research on bail in New York City, recommended New York legislators consider amending New York bail laws to authorize preventative detention for dangerous defendants.217 Such change would require a public safety consideration to be authorized in the bail laws as well. The Vera Institute of Justice conservatively estimated that there would be at least a 40% reduction in New York’s pretrial jail population if the legislation is implemented effectively.123 In comparison, there was a 30.4% reduction in New Jersey’s pretrial jail population as measured two years after New Jersey bail reform went into effect.124 Governor Cuomo’s office anticipated that in approximately 90% of cases in New York after the legislation takes effect, persons charged but not yet convicted will remain out of jail before their trials.125 Keywords: bail; bail reform; columbia; court; criminal; defendants; detention; gender; jersey; journal; justice; law; new; new jersey; new york; note; pretrial; public; release; risk; safety; state; supra; supra note; system; victims; violence
• Nature Is Smarter Than We Are: Midwifery and the Responsive State by Hickey, Jennifer (2021) - 157 A government study indicated a dramatic 77% increase in home births from 2004 to 2017 and a doubling of birth center births during that same time period. Midwives attended over 80% of these planned home births and over 93% of birth center births. Keywords: birth; birth injury; birthing; care; cesarean; childbirth; choice; columbia; columbia journal; gender; harm; health; home; home birth; hospital; hospital birth; individual; interventions; journal; law; medical; midwifery; midwives; mortality; obstetric; physicians; pregnancy; responsibility; rights; risk; state; support; supra note; u.s; united; united states; violence; women
• The Role of the State in the Intra-Group Vulnerability of Women: Revisiting Debates About Multiculturalism Through the Case of Polygamy Among the Bedouins in Israel by Zucker, Miriam (2021) - Investigating the vulnerability of Bedouin women to oppressive marriage arrangements highlights how the state could be implicated in this problem on different levels. Finally, it reveals how discriminatory accessibility barriers to public resources, including family courts and welfare assistance, have made it harder for Bedouin women to resist and break away from oppressive marriage arrangements. Keywords: aid; arab; bedouin women; bedouins; columbia; community; exit; family; gender; group; group vulnerability; israel; journal; law; marriage; minority; minority women; note; polygamy; role; state; supra; supra note; vulnerability; women
• Living Freely Behind Bars: Reframing the Due Process Rights of Transgender Prisoners by Ortlip-Sommers, Sarah (2021) - Transgender prisoners face high rates of physical and sexual assault, harassment, and other mistreatment by state and federal prison officials and individuals incarcerated with them. This Note proposes that, instead of relying on these inadequate constitutional claims to vindicate their rights, transgender prisoners and their advocates should consider litigating under the Due Process Clause of the Fifth and Fourteenth Amendments, articulating a right to live freely in accordance with one’s gender identity. Keywords: amendment; cir; claims; clause; columbia; columbia journal; court; dist; f.2d; gender; gender identity; housing; individuals; journal; law; note; officials; people; plaintiff; prisoners; privacy; process; protection; right; sex; state; supra; trans prisoners; transgender; transgender prisoners; u.s; women
• Beyond Belief: How the "Corroboration Rule" in Malawi Obstructs Justice for Victims of Sex Crimes and Discriminates Against Women and Girls on the Basis of Sex—A Call for Legislative Change by Liu, Michelle Xiao; Creel Benton, Alexandra K. (2021) - Ct.) 5 (Uganda) (Tibatemwa-Ekirikubinza, J., Concurring) (invalidating corroboration rule and noting that “the requirement for corroboration of evidence in sexual offences is discriminatory against women and . . . Ct.) 4 (Uganda) (Tibatemwa-Ekirikubinza, J., concurring) (invalidating corroboration rule) (quoting Uganda v. Peter Matovu Keywords: columbia; corroboration; corroboration rule; court; criminal; evidence; gender; girls; interview; journal; justice; malawi; note; rape; report; rights; rule; sex; supra; violence; women
• Ending Prostitution Exploitation: How New York State Can Better Support Survivors of the Sex Trade Through Legislative Reform by Rigal, Julia (2021) - 275 See EKBERG, supra note 66, at 36 (citing various studies that have concluded that the majority of prostitution buyers consider that prohibiting the purchase of prostitution sex is one of the most effective deterrents). How Legalizing Prostitution Has Failed, supra note 93; see also GERMAN REPORT ON THE IMPACT OF THE PROSTITUTION ACT, supra note 50, at 79 (finding in 2007 that the legalization of prostitution in Germany in 2002 did not have a “measurable, positive impact” on the working conditions of prostitution people in practice). Keywords: 40.3; bill; brothels; columbia; columbia journal; decriminalization; exploitation; gender; gottfried; journal; law; legalization; model; n.y; new; new york; new zealand; people; person; pimps; police; prostitution; prostitution buyers; prostitution law; report; salazar; services; sex; sex trade; state; supra note; survivors; trafficking; violence; women; work; york; zealand
• Marriage Apostates: Why Heterosexuals Seek Same-Sex Registered Partnerships by Palazzo, Nausica (2022) - To conclude, in many situations, marriage law can be less flexible than the law governing registration. A second ground for rejecting their application concerned the parties’ duty to demonstrate that they have been personally affected by a differential treatment under marriage law—what the Court called a “more specific need” for their legal recognition.265 The Court found that, based on their complaint, the applicants failed 259 Ratzenböck, Eur. Keywords: access; approach; case; choice; civil; columbia; columbia journal; court; discrimination; equality; european; families; family; family law; gender; instance; journal; law; laws; marriage; new; note; pacs; parties; partnerships; recognition; regime; registration; relationship; rev; rights; rps; sex couples; sex marriage; sex partnerships; status; supra; supra note; unions
• Reproductive Indeterminacy and Rights Discourse in Frozen Embryo Disputes by Knouse, Jessica (2022) - From a federal-constitutional perspective, there are essentially two sets of reproductive rights cases: those considering the right to avoid state sterilization, and those considering the right to avoid state interference with access to contraception and abortion. By erasing inherent indeterminacy, existing judicial rhetoric offers a disappointingly limited vision of reproductive potential and reproductive rights. Keywords: abortion; binary; cases; child; columbia; columbia journal; court; davis; decision; embryos; fertility; gender; husband; ivf; journal; justice; law; note; parenthood; parties; party; postmodern; pregnancy; procreation; reproductive; right; section; supra; u.s; use; wife; woman
• Are You There, Trademark Law? It's Me, Misogyny. by Bartow, Ann (2021) - Though contemporary trademark law does not provide any statutory tools with which to undermine the enforceability of sexist menstrual product trademarks, the inspiring examples provided by the triumph of energetic and sustained advocacy against racist trademarks offer a potential path forward. Yes few of the entities that registered “tampon” in some form as a trademark have had much business success: Registered trademarks using the word “tampon” for apparel,33 computer programs,34 coloring books for children,35 Christmas tree ornaments,36 and a brand of wine stoppers37 have all gone “dead” on the principal registry38 for lack of use or maintenance. Keywords: brand; columbia; gender; journal; june; law; menstruation; pads; products; sanitary; tampons; trademark; wisk; word; youtube
• Are You There, Law? It's Me, Semen by Bernstein, Anita (2021) - Semen containment as a goal can learn from the example of menstrual-fluid containment. Tasked with regulation of hazardous substances present in ordinary life, this agency rarely resorts to the banhammer. Keywords: columbia; contact; gender; journal; law; person; risk; safety; semen; substance
• Justice for the Menopause: A Research Agenda by Cahn, Naomi (2021) - COLUMBIA JOURNAL OF GENDER AND LAW 41 30 treated with estrogen replacement therapy: the promise was that women would never experience the effects of aging.13 While HRT can be an effective treatment for menopause symptoms, not only might it––ironically––cause monthly bleeding,14 it also is still marketed as a pseudo-youth elixir.15 [https://perma.cc/82SP-E5A6] (citing UK researchers as leaders in addressing menopause discrimination). Keywords: age; columbia; discrimination; gender; health; journal; law; menopause; menstruation; symptoms; women
• What's Law Got to Do With It? Dignity and Menstruation by Cooper, Elizabeth B. (2021) - COLUMBIA JOURNAL OF GENDER AND LAW 41 52 discussion of a topic previously too stigmatized to discuss publicly.69 Women have founded new organizations to ensure enactment of just laws and policies that reflect the dignity that individual menstruators, and our society, deserve.70 These efforts are creating real change: the federal government now classifies menstrual products as medical expenses;71 some states have removed the sales tax levied on products; some school districts are starting to make free menstrual products available,72 as are some prisons;73 and the state boards of bar examiners that prohibited menstruators from bringing their own products to the bar exam have rolled back these policies.74 Although our work is far from over, these victories—all of which have occurred in the last five years—foreshadow the great change that is possible when we continue to work together to dismantle systemic oppression and ensure menstrual dignity for all. Myriad policies intruding on a menstruator’s right to dignity are described throughout this Symposium and include: failing to include menstrual products in emergency- preparedness or response packages;5 not supplying public school students with free access to quality products;6 denying free and ready access to such products to people who are incarcerated or detained through our country’s immigration policies;7 imposing state 5 See Emma Goldberg, Many Lack Access to Pads and Tampons. Keywords: dignity; gender; individuals; jacobson; law; menstruation; menstruators; note; policies; products; self; supra; women
• Paying for Our Periods: The Campaign to Tackle Period Poverty and End the Tampon Tax in the UK by Coryton, Laura Agyropulo; Russell, Lucy Marie (2021) - Tampon tax is the “luxury” tax rate that many countries apply to period products worldwide. She also organized demonstrations12 and visited schools and universities across the UK to meet the inspiring student activists helping to end tampon tax and widen access to period products at their educational institutions. Keywords: columbia; end; gender; girls; journal; law; menstruation; period; poverty; products; tampon; tax; women
• Menstruation and the Bar Exam: Unconstitutional Tampon Bans by Crawford, Bridget J. (2021) - COLUMBIA JOURNAL OF GENDER AND LAW 41 70 and gender is more capacious than the male/female binary, but for constitutional purposes, a ban on menstrual products—a necessity for approximately half the population for a large portions of their lives—is a sex-based ban.36 If menstrual products bans are sex-based classifications, then they are subject to intermediate scrutiny. The July 2020 bar exam instructions for both Texas and Pennsylvania provided that menstrual products would be available in the women’s restrooms at exam sites.58 As Professor Waldman, others, and I have articulated,59 there are multiple problems with such variations on menstrual product bans. Keywords: bans; bar; candidates; exam; examiners; gender; july; law; menstruation; products; states; test
• Menstrual Equity, Organizing and the Struggle for Human Dignity and Gender Equality in Prison by Fettig, Amy (2021) - For example, in a statement proposing New York City’s first-of-its-kind legislation in 2015 providing free menstrual hygiene products in schools, shelters, and jails, New York City Council member Julissa Ferreras-Copeland stated, “When over half of New York City’s residents experience menstruation, it is crucial to acknowledge their needs and show value and respect for their bodies by making menstrual hygiene products widely and easily available. . . . Part I reviews the issues of period poverty and justice that are driving a larger social movement to recognize that safe and ready access to menstrual hygiene products should be framed through a lens of full civic participation in order to understand its full implications for the lives of people who menstruate. Keywords: amendment; columbia; dignity; equity; gender; hygiene; hygiene products; journal; law; pads; people; prison; products; public; rights; states; tampons; women
• Periods for Profit and the Rise of Menstrual Surveillance by Gilman, Michele Estrin (2021) - The massive sets of health data held by Ovia and other Femtech companies raise concerns of data security. Notice and consent is an individualistic approach to data privacy that envisions an atomized person pursing their own self-interest in a competitive marketplace. Keywords: apps; columbia; data; femtech; fertility; gender; health; information; justice; law; menstrual; period; privacy; users; women
• Menstrual Capitalism, Period Poverty, and the Role of the B Corporation by Haneman, Victoria J. (2021) - To that end, we consider the B Corp—a certification for businesses that have decided to focus on purpose alongside profit—and the use of B Corp certification as an important consumer signaling device to identify some verified level of sincerity. 27 See Michael O’Regan, B Corp certification won’t guarantee companies really care for people, planet and profit, THE CONVERSATION (Oct. 7, 2019), https://theconversation.com/b-corp-certification-wont-guarantee- companies-really-care-for-people-planet-and-profit-124459 Keywords: certification; certified; columbia; consumer; corp; corporation; gender; impact; journal; law; period; poverty; products; women
• It's About Bloody Time and Space by Inniss, Lolita Buckner (2021) - The notion of the chronotope makes it possible to grasp various aspects of the role of time and space that resist a fine analysis of descriptive passages assessing the meaning or the characteristics of time space. The kitchen is itself a womanly space within a womanly space.30 The kitchen has also long had racial connotations, given the history of Black women’s employment in the kitchens of white homes in the United States.31 Before and for the decades immediately after the general emancipation of enslaved Black people in the United States, cooking for white families was one of the primary jobs that Black women performed. Keywords: blood; cases; columbia; discourses; discussions; gender; junior; law; menstruation; space; story; time; women
• Asking the Menstruation Question to Achieve Menstrual Justice by Johnson, Margaret E. (2021) - And this understanding leads to additional changes that schools should enact to address the structural intersectionality of school menstrual injustices, such as not policing bathroom access infractions and trusting students’ need to access the bathroom and not requiring a verbalized reason. Through this process, we discover the multidimensionality of menstrual injustices and how they operate as structural intersectionality.3 Keywords: gender; girls; injustices; justice; menstrual; menstruation; oppression; question
• The Power of Blood: The Many Faces of Women's Monthly Menses in Jewish Law and Beyond by Laufer-Ukeles, Pamela (2021) - Women determine when the days of menstruation (and then seven clean days) have passed allowing for purification, placing a great responsibility on women in a system of Jewish laws in which most commandments are placed on men. 42 Id. 41 COLUMBIA JOURNAL OF GENDER AND LAW 177 Unique among developed countries, Israel’s birthrate stands above 3 children per woman across the population.43 More money is spent on IVF per capita in Israel than in any other country in the world – enough IVF cycles for birthing two children per couple.44 Not having children in Israel is widely perceived as deviant, limiting free choice for women, and making motherhood deterministic.45 Israeli law generally emphasizes the importance of motherhood, creating obstacles for women’s equality. Keywords: blood; columbia; gender; israel; journal; law; menstruation; niddah; public; sex; women
• Benefits and Challenges to “Period Policies” – Menstruating Individuals Are Empowered Through Inclusive Dialogue and Advocacy by Leahy, Stevie (2021) - Menstruating individuals are often punished for their periods in the workplace (and at schools, in prisons, through the pink tax, etc.).6 Advocates argue that period policies render these indignities avoidable and improve the experience within the workplace for menstruating individuals.7 Yet, further research is needed within the United States to gauge whether period policies actually empower or impede menstruating individuals within the workplace— such policies have seen uneven success internationally.8 One company that is frequently cited as employing a progressive period policy is Nike, the U.S.-based sportswear supplier with over 75,000 employees globally.9 Nike requires subcontractors to follow “local laws,” which could include menstrual leave if the local laws have such a 4 UNICEF, Periods in the pandemic: 9 Things We Need to Know (Aug. 31, 2020), https://www.unicef.org/coronavirus/covid-19-periods-in-pandemic-9-things-to-know Period policies or laws will not improve working conditions “if women fear that using such leave will disadvantage their prospects of workplace advancement. Keywords: gender; individuals; leave; menstruation; period; policies
• Menstruation: An Ableist Narrative by Nair, Prianka (2021) - COLUMBIA JOURNAL OF GENDER AND LAW 41 186 Centering Disability in Menstruation Narratives There is a tendency to think of disability issues, including disability discrimination, as niche and unrelated to the broader experiences of the population. While this is a story about disability discrimination, it is also about gender discrimination.31 As Alison Kafer points out, the growth attenuation treatment applied to Ashley X was “a cure for adult womanhood as much as adult disability. Keywords: body; decision; disabilities; disability; gender; individuals; law; menstruation
• How Sex Ed Fails People With Periods by Purvis, Dara E. (2021) - Today I joke that it gave me my unflappable nature in the classroom—if you can tell preteens about syphilis, nothing that happens in a law school classroom will break your concentration—but it also gave me an indelible memory of how far sex ed in America has to go. This lack of education, coupled with the taboo of menstruation, means that, on the whole, most men lack any real sense of the day-to-day impact of menstruating. Keywords: gender; law; menstruation; sex
• Are Women Human? Tampon Taxes and the Semiotics of Exclusion by Spivack, Carla (2021) - No one in twenty-first century America would say that the law denies women access to public space, yet as a practical matter, public space is less accessible to women than it is to men. Women use walking routes more than men; they are more likely to be the parent taking children for walks, going to the playground, or doing errands by foot.24 While men are more likely to use public transit in a linear fashion, traveling to and from work, women more likely use it to go in different directions on the same trip to run errands.25 If public space accommodated women’s habits, sidewalks would be wider, better lit, and more prevalent, and public transit might make more stops more frequently during work hours or have more busses and trains running local routes all day. Keywords: body; gender; law; products; public; space; tax; women
• “Do We Not Bleed?” Sanitation, Menstrual Management, and Homelessness in the Time of COVID by Teizazu, Hawi; Sommer, Marni; Gruer, Caitlin; Giffen, David; Davis, Lindsey; Frumin, Rachel; Hopper, Kim (2021) - Although public toilets could address issues specific to menstruation by providing a reliable and free place to manage periods, ongoing menstrual stigma prevents those who menstruate from being vocal advocates for public toilet provision and prevents menstruation from being the focus of larger conversations about public toilet provision. Public pay toilets provided a brief respite before falling victim to protest by feminists, who were rightly dismayed by policies that required payments for public usage of toilets but not for urinals.6 Supply deteriorated, and by 2019, NYC ranked ninety-third among large U.S. cities in per capita provision of public toilets.7 The remaining facilities are inadequately maintained and poorly monitored.8 The absence of public toilets poses an everyday challenge, but public health emergencies bring the need for public toilets into clear focus9––as seen during the COVID-19 pandemic, which eliminated publicly accessible bathrooms in both private and public settings. Keywords: access; city; gender; health; law; needs; nyc; public; restrooms; toilets
• Menopause and the Menstrual Equity Agenda by Weiss-Wolf, Jennifer (2021) - 14 Mindy S. Christianson et al., Menopause Education: Needs Assessment of American Obstetrics and Gynecology Residents, 20 MENOPAUSE 1120, 1120–25 (2013). Still, I would not quite have predicted that all I’d gleaned about the politics of periods would have led me to this particular essay: a calling to go public with menopause. Keywords: columbia; gender; journal; law; menopause; menstrual; new; policy; time; women
• Menstruation and Human Rights: Can We Move Beyond Instrumentalization, Tokenism, and Reductionism? by Winkler, Inga T. (2021) - Many countries have adopted national policies on menstruation.1 Yet, despite greater openness and awareness, menstrual stigma persists, and it has profound effects on the realization of human rights across all spheres of life. Dr. Winkler is particularly interested in the intersections of menstruation, human rights, and culture and focuses on questions of inequalities, marginalization, and representation. Keywords: columbia; gender; health; law; menstruation; rights; stigma; women
• Editors' Remarks by Lauter, Jenna; Ortlip-Sommers, Sarah (2021) - I’m Jenna Lauter, Symposium Editor for the Journal. I know I speak for Jenna, as well, when I say that I feel so grateful and honored to be capping off my time in law school with this event, even though we can’t be together in person. Keywords: columbia; gender; journal; law; symposium
• The "Limited" Assistance of Foreign Jurisprudence: Lessons from India and the United States on Sexuality and Governance by Lam, Magdalene (2022) - The 2020 amendments to Singapore’s PDPA appear to support the proposition that there is an increasing recognition of a right to privacy in Singaporean law. been harnessed by Singapore judges to justify a more liberal and democratic reading of the Singapore Constitution. Keywords: 377a; article; columbia; constitution; court; gender; indian; journal; law; lawrence; lgbtq+; liberty; lim; meng; note; ong; privacy; protection; right; section; singapore; sodomy; suang; tan; united
• Constitutionalizing Women’s Equality in India: Assessing the Sabarimala Decision by Narain, Vrinda (2022) - Gender equality advocacy must diligently account for the intersectional framing and the multiple identities of Indian women, religious minority women, Dalit women, and lower-caste women. If so, does it amount to an infringement of Articles 14, 15, and 17 that is not protected by “morality” as used in Articles 25 and 26? 2) Does the practice of excluding such women constitute an “essential religious practice” under Article 25? Keywords: article; chandrachud; columbia; concurring; constitution; court; discrimination; entry; equality; gender; india; journal; justice; kerala; law; laws; morality; note; para; practice; public; religion; rights; sabarimala; scc; state; supra; women
• Right To Genital Integrity: Law, Limbo and The Status of Intersex Children in India by Rajam, Shardha; Banerjee, Atreyo (2022) - This is an inadequate standard through which consent may be obtained for intersex surgeries, however, because cosmetically “normalizing” surgeries are not universally criticized.247 Indian laws governing the process of obtaining consent are flawed and inadequate given the particular vulnerability of intersex children. The international conventions and norms are to be read into [fundamental rights] in the absence of enacted domestic law occupying the field when there is no inconsistency between them.30 Given this tradition, it is imperative to thoroughly examine international treaties and instruments with the hope that they may play a significant role in filling the void in India’s jurisprudence on intersex rights. Keywords: act; article; bodies; children; columbia; columbia journal; consent; court; gender; gender identity; identity; india; intersex; intersex persons; journal; law; medical; note; persons; principles; procedures; rights; state; supra; surgeries; transgender; transgender persons; u.n
• Suffering at the Margins: Applying Disability Critical Race Studies to Trafficking in the United States by Rein, Rachel (2022) - This Part then sets out the laws that implicate trafficking survivors, before showing how anti-trafficking responses follow a law-and-order framework. B. Trafficking in United States Law Sections I.B.1 and I.B.2 provide an overview of some of the United States statutes that marginalized trafficking survivors may encounter. Keywords: act; black; brown; color; columbia; columbia journal; criminal; disabilities; disability; discrit; e.g.; enforcement; example; federal; gender; help; human; journal; judges; justice; law; law enforcement; people; police; prosecutors; race; report; sentencing; services; sex trafficking; states; supra note; survivors; system; traffickers; trafficking; trafficking survivors; u.s; u.s.c; united; victims
• The Coronavirus as a Changemaker: Opportunities to Advance American Maternal Care in the Wake of the Pandemic by Anderson-Seller, Rachel (2022) - She was able to obtain a place in an English midwifery school and returned to the United States in 1925 as a certified midwife, where she campaigned to bring nurse-midwifery services first to rural Appalachia, then to the United States as a whole.62 Nurse-midwifery expanded after World War II due to both a boom in hospital construction, which led to a shortage of obstetricians to staff the hospitals, and to third-party health insurance, which made hospital birth more financially accessible.63 D. Bringing Birth Back Home Before the present pandemic-inspired surge in demand for community birth attended by midwives, community birth, and home birth in particular, experienced 56 CHILD. 30 COLUMBIA JOURNAL OF GENDER AND LAW 42.1 statistics.195 Both states license their midwives through the Public Health Divisions of their respective Departments of Health rather than through Boards of Medicine or Boards of Nursing.196 Nationwide, 32% of birth center births and 68% of home births were paid for out-of-pocket by the families.197 In New Mexico, families paid out-of- pocket for 5% of birth center births and 35% of home births.198 The Washington figures are even more impressive: less than 5% of birth center births and 18% of home births were self-paid.199 Keywords: access; birth; birthing; board; care; childbirth; cnms; columbia; columbia journal; community; community birth; covid-19; gender; health; home; home birth; hospital; journal; law; medical; midwifery; midwives; new; note; nurse; pandemic; physicians; practice; pregnancy; states; supra; supra note; united; women
• Gender Bias in Cross-Allegation Domestic Violence-Parental Alienation Custody Cases: Can States Legislate the Fix? by Jaffe-Geffner, Nina (2022) - 242 Saunders & Faller, supra note 59, at 8 (“Of greatest concern, we found these beliefs to be linked to recommendations that child custody be awarded to perpetrators of domestic abuse.”); Mindthoff et al., supra note 217, at 248 (“[S]tudies exploring child custody cases with IPV allegations found that gendered beliefs of decision makers impact gendered differences in their recommendations.”). While legal and mental health professionals acknowledge that some parents might attempt to alienate their children from the other parent, they generally do not recognize the specific construct of “parental alienation syndrome,” deeming it scientifically invalid.59 In child custody cases, state law oversees the admissibility of expert testimony, with most states having adopted the Daubert test, the Frye test, or a mix of both.60 While the Daubert regime examines a broader set of factors aimed 55 Smith, supra note 49, at 77. Keywords: abuse; alienation; allegations; child abuse; child custody; children; columbia; court; custody; custody cases; custody evaluators; evaluators; family; family violence; fathers; gardner; gender; joint; journal; law; legislation; meier; mothers; new; parent; pas; presumption; state; study; supra note; violence; york
• Opening Remarks from the 2022 Symposium: The Equal Rights Amendment: A New Guarantee of Sex Equality in the U.S. Constitution by Jaffe-Geffner, Nina (2022) - Editor-in-Chief, 2021–22 Columbia Journal of Gender and Law I know that I speak on behalf of everyone at the Journal when I say how deeply we have appreciated the opportunity to collaborate with you throughout this process, and it is a partnership that we at the Journal look forward to continuing. Keywords: gender
• The Equal Rights Amendment in Global Context: Gender Equality in Constitutions Worldwide and the Potential of More Comprehensive Approaches by Sprague, Aleta; Heymann, Jody; Raub, Amy (2022) - In particular, gender equality guarantees in other countries have played an important role in shaping how laws address paid work and caregiving, a critical area for continued norm change—both in the United States and globally—if we are to realize gender equality in practice. In this essay, we briefly survey case law from around the world to illustrate why adopting the ERA is a critical first step toward full constitutional gender equality in the United States. Keywords: columbia; constitution; discrimination; equality; gender; health; law; leave; rights; sex; states; united; women
• Class, Care, and the Equal Rights Amendment by Andrias, Kate (2022) - 4 COLUMBIA JOURNAL OF GENDER AND LAW 43.1 women, like men, should be allowed to operate in the market without hindrances or protections.7 Progressive women’s groups and labor groups, like the National Consumers’ League (NCL) criticized the NWP for offering “working women an abstract ‘theoretical equality’ while obstructing progress toward substantive equality for women who faced disadvantages of class as well as of gender.” 15 REBECCA DEWOLF, GENDERED CITIZENSHIP: THE ORIGINAL CONFLICT OVER THE EQUAL RIGHTS AMENDMENT, 1920-1963, at 161 (2021) (arguing that the FLSA “displaced the rational for sex-based labor legislation,” allowing emancipationists to “claim with confidence that the ERA would not threaten the health and safety of women workers”). Keywords: amendment; care; columbia; equality; era; gender; labor; law; rev; rights; sex; u.s; women; workers; working
• Ladies: You Really Do Not Have the Constitutional Rights You Think You Have by Nourse, Victoria (2022) - 34 COLUMBIA JOURNAL OF GENDER AND LAW 43.1 as originally drafted would reverse longstanding precedent—forty years of Roe v. Wade.44 Why should one believe that any other Supreme Court precedent protecting women on the basis of sex (or sexual orientation for that matter) is not subject to reversal? Jessica Lenahan’s case is fairly well known; ultimately an international court would find that her rights were violated by the state of Colorado, when police ignored her pleas and failed to enforce a protective order.57 Her case reached the United States Supreme Court in Town of Castle Rock v. Gonzales.58 And, following the pattern, the Supreme Court rejected her claims of right.59 Keywords: amendment; constitution; court; gender; law; rights; u.s; women

• Day 1 Lunchtime Speaker: Stephanie McGraw CEO W.A.R.M - We All Really Matter by Dorchen Leidholdt; Stephanie McGraw (2023) - And we did a walk through the projects, we rallied with PSA 6, and one of the things that I noticed about our partnership when we are out with NYPD, is that women—in particular Black women—are a little more comfortable coming 44.1 COLUMBIA JOURNAL OF GENDER & LAW 111 over when they see us. Like Dr. Malcolm, said “Black women are the most disrespected and unprotected.” Keywords: children; community; family; help; life; need; stephanie; violence; women
• Table of Contents by CJGL Editorial Board (2003) - Katherine L. Vaughns ..................................................... 492 Two Colored Women's Conversation About the Relevance of Feminist Law Journals in the Twenty-First Century Taunya Lovell Banks and Penelope Andrews .......................... 498 Embracing Complexity: Human Rights in Critical Race Feminist Perspective H op e 565 Form, Function, and Feminist Law Journals Jane S. Schacter ............................................................ 574 Thinking About Feminism, Social Justice, and the Place of Feminist Law Journals: A Letter to the Editors Suzanne B. Goldberg ...................................................... Keywords: feminist; journals; law; women
• The Unrealized Power Of Mother by Roberts, Dorothy E. (1995) - Castigating Black single mothers sends a message to other defiant mothers who dare to raise their children independently of men. Welfare policy penalizes Black single mothers not only because they depart from the norm of the father-headed family, but also because they represent rebellious Black culture. Keywords: children; family; fineman; motherhood; mothers; power; women
• Mitigating Motherhood: Centering the Rights of Children and Mothers in Criminal Sentencing in England and Wales by Minson, Shona; Sikand, Maya; Woodrow, Pippa (2025) - Despite incremental progress, inconsistencies in lower courts persist, with sentencers often failing to adequately weigh the disproportionate impact of imprisonment on dependent children and pregnant women. In 2001, the civil division of the Court of Appeal of England and Wales formally recognized the need to consider dependent children when sentencing a mother in a public law case that challenged prison policy on the upper-age limit for babies living in prison Mother and Baby Units.2 However, it has taken more than twenty years for the criminal courts to catch up and formally recognize the true impact of a sentence on dependent children or a woman’s pregnancy as an essential part of the sentencing calculus when a woman is sentenced.3 In this Article, we analyze the development of sentencing practice over the past two decades to understand the process of change. Keywords: appeal; baby; case; children; court; eng; imprisonment; mother; prison; sentence; sentencing; women
• Introduction by Ginsburg, Ruth Bader (1991) - Judge Ginsburg has a Bachelor of Arts degree from Cornell University, attended Harvard Law School, and received her LL.B. (.D.) from Columbia Law School. She holds honorary degrees from Lund University (Sweden), American University, Ver- mont Law School, Georgetown University, De Paul University, Brooklyn Law School, Hebrew Union College, Rutgers University, and Amherst College. Keywords: columbia; ginsburg; law; school; university; women
• A Community of Women Organize Themselves to Cope with the AIDS Crisis: A Case Study from Bedford Hills Correctional Facility by Clark, Judy; Boudin, Kathy (1991) - ACE women on staff went through the New York State certified pre- and post-test counseling program and passed the test to become HIV counselors. Each woman in the seminar group explains what moved her to get involved in AIDS work. Keywords: ace; aids; bedford; community; hills; hiv; members; new; prison; state; support; women; work; york
• Christianity, Feminism, and the Law by Padilla, Angela L.; Winrich, Jennifer J. (1991) - s4 Id. s This Eve/Mary split may affect men by allowing them to think that they can be good men and rape women because there are two kinds of women, good and bad; that raping bad women is not bad; and that often for them, most women, being associated with Eve, are bad. 16 C. Lore Weber, supra note 53, at 87. Regardless of the individual woman's particular awareness, we cannot, and perhaps should not, make religious women choose between feminism and their personal religious beliefs if we want to include all women in the feminist movement. Keywords: christian; christianity; domestic; eve; family; father; female; feminism; god; home; incest; jesus; law; male; man; mary; new; note; rape; supra; supra note; system; victim; view; violence; wife; women
• Women’s Rights and International Law: The Struggle for Recognition and Enforcement by Holt, Renee (1991) - The U.N. Convention on the Elimination of All Forms of Discrimination Against Women The Convention on the Elimination of All Forms of Discrimination Against Women is without question the most comprehensive treaty ad- dressing the rights and status of women. Perlez, Uganda's Women: Children, Drudgery and Pain, N.Y. Times, Feb. 24, 1991, at 10, col. 1. UNICEF looked at 10 African countries and found that women have the legal right to own property in only 16% of the house- holds in these countries. Keywords: abortion; art; cedaw; convention; countries; discrimination; health; human; international; law; note; rights; states; supra; supra note; u.n; united; women; world
• Reports from the International Women’s Rights Action Watch (IWRAW) 1990 Conference by Columbia Journal of Gender and Law (1991) - IWRAWwas founded in 1985 to monitor compliance with and promote public interest in the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (Convention). DAYS ONE AND TWO: THE CONVENTION Judge Elizabeth Evatt, The Convention: Challenge and Change Judge Elizabeth Evatt of Australia, Chair of the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW or Com- mittee), discussed ways in which the Convention and the work of CEDAW could be strengthened. Keywords: abortion; care; conference; convention; family; health; law; planning; rights; women
• Feminist Theory in Law: The Difference It Makes by Fineman, Marth Albertson (1992) - My argu- ment is based on the assumption that as feminist women we have an The second story, in my opinion, represents an even more insidious response, however. While the full integration of the profession is far from complete (especially at the most powerful levels), feminist women can at least give our own legal voice to our ideas. Keywords: art; const; differences; equality; experiences; feminist; gendered; institutions; law; male; note; perspective; process; society; supra; theory; women
• Stories in Law School: An Essay on Language, Participation, and the Power of Legal Education by Praagh, Shauna Van (1992) - 19921 Columbia Journal of Gender and Law may be brought to a classroom discussion that deals directly with the experience of law school students. As thought process, consciousness, and vocabulary are transformed over three years, law students begin to think like lawyers and, upon graduation, begin to act like lawyers. Keywords: classroom; columbia; education; experience; law; law school; law students; narrative; note; personal; power; professor; stories; story; students; supra; way; williams; women
• The Poverty of Privacy? by McClain, Linda C. (1992) - Conversely, it is not uncommon to find among those seeking to restrict or outlaw abortion women who had abortions and now regret their decisions. Such women sometimes blame others (or a lack of information) for steering them to choose abortion, and apparently [Vol. 3:1 The Poverty of Privacy? Similarly, scholars who have studied women's abortion decisions discern a situational morality, whereby a woman must reconcile views held in the abstract about the status of the fetus or a prohibition on taking potential life with the particularity of her own situation and what pregnancy, childbirth, and unplanned parenthood would mean for her life and that of the potential child.243 An example of such situational morality burst into national political debate in July 1992 when Vice President Quayle, viewed as resolutely opposed to abortion and supportive of a Republican platform calling for constitutional protection of fetuses, was asked what he would do if his daughter, when grown up, chose an abortion, even if he counselled her against it. Keywords: abortion; abortion decision; argument; casey; choice; colker; court; decision; feminist; freedom; health; interest; joint; law; liberty; life; opinion; pregnancy; privacy; reproductive; responsibility; right; roe; state; supra note; u.s; west; women
• The Case of Elaine W. v. Joint Diseases North General Hospital, Inc.: When Treating Women Equally Means Equal Access to Treatment by Taub, Nadine; Davidson, Sheryl Felecia; Evans, Wanda; Warden, Tamasine (1992) - Interestingly, in order to meet its obligations under New York State licensing and regulatory provisions, St. Barnabas apparently clinically evaluates all candidates for admission individually exceot pregnant women who are excluded as a class. When Treating Women Equally Means Equal Access to Treatment THE CASE OF ELAINE W. v. JOINT DISEASES NORTH GENERAL HOSPITAL, INC.: WHEN TREATING WOMEN EQUALLY MEANS EQUAL ACCESS TO TREATMENT Nadine Taub, Sheryl Felecia Davidson, Wanda Evans, and Tamasine Warden* In recent years, society has been much concerned with the problem of pregnant women who are substance users and abusers. Keywords: court; defendants; drug; health; law; medical; new; policy; rights; state; treatment; women; york
• The Law of Legitimacy: An Instrument of Procreative Power by Fellows, Mary Louise (1993) - Part III of the Article examines how the marital presumption and the related evidentiary rule operated during the nineteenth and early twentieth centuries with respect to white children in the United States. Surely Lord Mansfield could have convinced himself and other judges applying his dicta that white children would have been sufficiently protected by refusing to admit the testimony of the wife, the offending party, and that there was no need to refuse to admit the husband's testimony. Keywords: african; american; child; children; family; father; husband; law; law presumption; legitimacy; man; mother; paternity; power; presumption; rule; testimony; upa; welfare; white; wife; women
• Domestic Violence in Ghana: An Initial Step by Ofei-Aboagye, Rosemary Ofeibea (1994) - The idea of administering a questionnaire to Ghanaian women who had been assaulted by their husbands stemmed from my need for some evidence to support my contention that domestic violence is a serious problem in Ghana. If battered Ghanaian women are asked whether the terms domestic violence or wife battering define their experiences with their husbands, they would probably deny it. Keywords: beating; children; culture; fida; ghana; husband; law; ncwd; need; police; problem; public; violence; wife; women
• A Legal (And Otherwise) Realist Response to “Sex as Contract” by Fineman, Martha Albertson (1994) - Sex as an experience, refashioned as a legal event, will take place in the long shadow of contract law---contract will become its meaning in all too many instances. [Vol. 4:1 A Response to Sex as Contract the consideration for such contracts would be the mutual sexual gratification each party received. Keywords: abortion; authors; child; contract; decision; economics; law; marriage; sex; women
• The Effect of Sentencing on Women, Men, the Family, and the Community by Weinstein, Jack B. (1996) - Many women who commit crimes, to put it bluntly, are oppressed and driven by the males in their lives to a greater degree than are women more favored in our society. The answer to this criticism lies in part in an understanding that many women in the United States-as well as in other parts of the world-grow up in an environment of domination quite different from that known to women who have had advantaged nurturing. Keywords: children; defendant; e.d.n.y; family; guidelines; sentencing; states; supp; united; women
• The Sound of Silence: Women’s Voices in Medicine and Law by Spruce, Tracey E. (1998) - Though too late for Angela Carder, the D.C. Appeals Court appeared to vindicate the future right of pregnant women to determine the course of their own medical treatment, even if that includes refusing treatment recommended for the benefit of their fetus. The forced treatment of pregnant women was documented in a 1987 study conducted by Veronika E.B. Kolder, M.D., Janet Gallagher, J.D., and Michael T. Parsons, M.D.27 Keywords: a.c; angie; cesarean; court; decision; doctors; fetus; ikemoto; judge; medical; supra note; testimony; treatment; trial; women
• Positive Action in the European Union: From Kalanke to Marschall by Cox, Katherine (1998) - In Part II, because it is necessary for the reader to have some understanding of the EU' s approach to equality and positive action, I begin by examining the extent to which positive action measures have been used and/or endorsed by the EU as a tool for addressing equality issues. 5' The Commission has even published a guide on implementing positive action measures which supplements its Recommendation.54 In the Third Medium-Term Action Programme on Equal Opportunities (1991-95), the Council approved a new EU action program which involved promoting equal opportunities by positive action. Keywords: action; article; commission; court; ecj; equality; european; general; kalanke; law; marschall; measures; note; opportunity; supra; supra note; treatment; women
• Title VII’S Flight Beyond First Amendment Radar: A Yin-to-Yang Attenuation of “Speech” Incident to Discriminatory “Abuse” in the Workplace by Marks, John H. (1999) - At bottom, commentators who criticize the equation of Title VII abuse with nonexpressive conduct advance their own brand of formalism. For example, on remand of Harris, if the evidence bears out the employer's assertion that his allegedly harassing activities, on the whole, were dominantly jokes or dominantly served some other expressive end, then the trier of fact should reject the claim for want of Title VII abuse. Keywords: abuse; activity; amendment; commentators; conduct; content; court; employer; environment; harassment; harris; note; robinson; sex; speech; supra; supra note; title vii; u.s; women; words; workplace
• Confided to His Care or Protection: The Late Nineteenth-Century Crime of Workplace Sexual Harassment by McLean, Sara (1999) - [Vol. 9:1 sanctions, young working women who became pregnant found that their suitors could not as easily be held to the bargain.20 Women on the town were associated with prostitution, and the mere fact of being unattended could be interpreted as an invitation to sex.z Forced sex became a more common incident of dating,22 and group rape began to appear in the court records.23 Workplace sexual harassment emerged in a new way as well. Turn of the century department stores seem to have been particularly risky placements for young women. Keywords: care; century; court; defendant; defilement; law; missouri; note; protection; rape; rev; s.w; seduction; state; state v.; statute; supra; supra note; women; work; young
• The Myth of Informed Consent: An Analysis of the Doctrine of Informed Consent and Its (Mis)Application in HIV Experiments on Pregnant Women in Developing Countries by Dyckman, Jay (1999) - Professor Cheryl Harris ably explains the significance of identifying what constitutes property: Although the existence of certain property rights may seem self- evident and the protection of certain expectations may seem essential for social stability, property is a legal construct by 70 Fueling this argument is the dilemma that the doctrine of informed consent for experiments conducted in developing countries, as advanced in the Declaration of Helsinki and the Nuremberg Code, is not legally binding. 3 The application of the doctrine of informed consent in these experiments raises several complicated issues concerning its ability to realize the Nuremberg Code's core tenets of protection of and respect for the individual. Keywords: aids; body; care; consent; culture; doctrine; experiments; health; hiv; human; journal; law; note; property; research; rights; subjects; supra; tests; women
• Women on the Federal Bench – A Progress Report by Cedarbaum, Miriam Goldman (2000) - Eight years ago, I gave a speech on the history of women on the federal bench at a luncheon forum of the New York County Lawyers Association.l At that time, of the 801 federal district judges in the United States, only sixty-two were women. Of the 241 federal court of appeals judges, only twenty were women. Keywords: court; women
• Excerpt from Remarks Given at the International Women’s Forum Lunch by Ginsburg, Ruth Bader (2000) - It means freeing people, men as well as women, to be you and me, allowing people to pursue the talents and qualities they have without artificial restraints. Some seasons ago, my grand colleague, Sandra Day O'Connor, first and for twelve years sole woman on the United States Supreme Court, made a surprise appearance in the D.C. Shakespeare Theatre's production of Henry V. Playing the role of Isabel, Queen of France, she spoke the famous line: Haply a woman's voice may do some good. Keywords: court; people; women
• Reaching Out – And Back by Hemann, Patricia A.; Morgenstern-Clarren, Pat E. (2000) - Soon we had the opportunity to share our idea with women at other firms across the country through a nationwide coalition of law firms with which our firm was affiliated. The idea of women lawyers coming together to share ideas and support each other's efforts probably seems commonplace today; at least we hope it is not a startling idea. Keywords: business; law; women
• Women and Children First… Why Not Build Enough Lifeboats? by Maxwell, Gary J. (2000) - I. EFFECTS OF WITNESSING DOMESTIC VIOLENCE ON CHILDREN A growing body of clinical evidence is emerging with respect to the harm experienced by children who observe incidents of domestic violence or live in a home where violence is occurring. Children exposed to domestic violence experience higher levels of aggression and lower socio-emotional and academic competence than children who are not exposed to domestic violence. Keywords: abuse; alice; bob; carol; children; drug; family; harm; home; mothers; services; violence; women
• Women Get Heart Disease Too: A Brief History of Gender Discrimination in Medical Research by Shalala, Donna E. (2000) - But they often affected women differently-a fact that most women probably recognized even if the health care system did not. Or that the drug once administered might interfere with a future pregnancy.3 Alternatively, it was thought that hormonal fluctuations in women would make results from drug testing difficult to sort out.4 That, of course, raised a question that no one was inclined to answer: if hormones ' David Wright & Nancy J. Chew, Women & Minorities in Clinical Research, Part 1, Applied Clinical Trials 45 (Sept. 1996). Keywords: drug; health; research; women
• The Women’s Oral History Project at Columbia Law School by Bagnall, Whitney S. (2001) - AT COLUMBIA LAW SCHOOL WHITNEY S. BA GNALL * Inspiration for undertaking an oral history project centering on the lives of women graduates of Columbia Law School came as a direct result of two events. Women graduates of the Law School from across the country held meetings in the spring and fall of that year to establish an organization that would increase the standing of women lawyers in the profession. Keywords: columbia; history; law; school; women
• A Feminist Perspective: Why Feminists Should Give the Reasonable Woman Standard Another Chance by Kerns, Andrea M. (2001) - The Reasonable Woman is a Term of Art The reasonable woman is not static nor a model of the ideal woman. Moreover, fifty-three percent of working women report that they have experienced behavior that they define as sexual harassment.24 Women 17 See Anita Bernstein, Treating Sexual Harassment with Respect. Keywords: conduct; court; environment; feminists; harassment; hostile; law; legal; male; note; person; person standard; perspective; standard; supra; woman standard; women; workplace
• Disputes Over Frozen Preembryos & the “Right Not to Be a Parent” by Pachman, Tracey S. (2003) - Either contract or property principles may prove to be more flexible to the accommodation of difference and the balancing of responsibility and rights than the rigidly neutral language of constitutional rights. The preembryo dispute cases thus have been grounded in constitutional rights that have been poorly stretched to fit the contours of 76 696 N.E.2d 694, 177 (N.Y. 1998). Keywords: cases; child; court; davis; dispute; ivf; parent; preembryos; right; support; women
• Introduction to Remarks from the 75th Anniversary of Women at Columbia Law School by Note, Editor's (2003) - Intoduction to Remarks from the 75th Anniversary of Women at Columbia Law School - Editor's Note INTRODUCTION TO REMARKS FROM THE 75TH ANNIVERSARY OF WOMEN AT COLUMBIA LAW SCHOOL EDITOR'S NOTE On October 18-19, 2002, Columbia University celebrated the seventy-fifth anniversary of the first class into which, after years of pressure and debate, Columbia Law School finally admitted women. For a more detailed account of the history of women at Columbia Law School, see Whitney S. Bagnall, A Brief History of Women at Columbia Law School, at http://www.law.columbia.edu/lawschool/communications/reports/Fal12002?#736 (last visited July 12, 2003). Keywords: columbia; law; school; women
• Remarks from the 75th Anniversary Luncheon by Black, Barbara Aronstein (2003) - In fact, once, when someone introducing us said, actually did say, You know, Mr. 10 Charles L. Black, Jr., former Professor of Law at Yale Law School and Columbia Law School and Barbara Aronstein Black's late husband. The law review, the Columbia Law Review, is taking note of our celebration in their October issue and they asked me to write something for them.3 The essay that I wrote opens this way: I begin with a touch of * Remarks given at Columbia Law School on October 19, 2002. Keywords: black; columbia; law; law school; school; women
• Barbara Black Lecture Series by Robinson, Mary (2003) - Reports show that the numbers of women victimized by trafficking are on the rise, resources for family-planning assistance have been slashed,3 and the scourge of HIV/AIDS increasingly affects women in a growing number of countries.4 Added to this bleak picture, the aftermath of the terrible terrorist attacks on the United States last year has cast a shadow on human rights. They will continue the work to make human rights, their rights, their children's rights, a reality. Keywords: african; china; columbia; convention; countries; human; law; nations; rights; school; states; united; women; world
• Women on the Bench by Brody, Anita Blumstein; Ginsburg, Ruth Bader; Hall, Priscilla; Miller-Lerman, Lindsey; Shea, Felice K.; Uviller, Rena Katz (2003) - Even when joined by women judges from other law schools, we were a lonely little group. As in the rest of the legal profession, women judges are a minority, disproportionately clustered at the bottom rungs. Keywords: bench; columbia; court; felice; hon; judges; law; moderator; new; people; school; shea; state; women
• Where Will Women Lawyers Be in 25 Years? by Bivens, Frances E.; Guggenheimer, Joan; Northup, Nancy; Sturm, Susan; Thoyer, Judith Reinhardt (2003) - Very quickly other women have followed in their shoes, or in their footsteps, so that's been a nice change. Audience Member Two: On the subject of where will women lawyers be in twenty-five years, the law firm model. Keywords: change; columbia; firms; judith; law; lawyers; partner; people; question; time; way; women; years
• A Journal of One’s Own? Beginning the Project of Historicizing the Development of Women’s Law Journals by Batlan, Felice (2003) - These numbers provide ample testimony that the HWLJ represented a women's space providing opportunities to women law students and authors that the law review did not offer. In 1985, a number of women law students at Boalt Hall School of Law created the BWLJ. Keywords: article; bwlj; editors; feminist; harvard; hwlj; journal; law; students; women
• I Know It When I See It, or What Makes Scholarship Feminist: A Cautionary Tale by Fisher, Linda E. (2003) - Phyllis Goldfarb puts it well: Much o f t he content o f many feminist theories i s d erived from Perhaps I could best represent the indeterminacy of feminist theory and women's various experiences by dropping the idea of a definitive list. Keywords: experience; feminist; law; rev; scholarship; theory; women
• Feminist Legal Scholarship: Charting Topics and Authors, 1978-2002 by Rosenbury, Laura A. (2003) - To develop a sense of what feminist scholarship has been published in feminist law journals and non-feminist law journals, I collected data about two sets of law journal articles that are arguably feminist in nature. Gender At all times for both sets of journal articles, women comprised the majority of the articles' authors. Keywords: articles; authors; feminist; flagship; journals; law; law journals; percent; women
• Diversity, Discourse, and the Mission of the Feminist Law Journal by Perry, Twila L. (2003) - Diversity, Discourse, and the Mission offer a few practical suggestions for ways I think feminist law journals might continue to make themselves attractive to authors who now may have many more choices in placing their work. THE MISSION OF THE SPECIAL INTEREST PUBLICATION As I began to think about whether feminist law journals have a special mission, I thought about why I often read popular magazines aimed primarily at Black audiences. Keywords: feminist; issues; journal; law; mission; women
• Moving the Margins by Rivera, Jenny (2003) - However, there are other bases beyond mere status inequality that support the continued existence of feminist law journals. There are tremendous gaps between women of color and other women, and women of color and men. Keywords: color; feminist; journal; law; women
• Feminist Law Journals and the Rankings Conundrum by Grossman, Joanna L. (2003) - Feminist Law Journals and the Rankings Conundrum FEMINIST LAW JOURNALS AND THE RANKINGS CONUNDRUM JOANNA L. GROSSMAM Spring is a fitting season to discuss the relationship between rankings and feminist law journals, as U.S. News and World Report prepares to release its annual rankings of American law schools. It is here that the conflict between rankings and feminist law journals comes into sharper focus. Keywords: articles; faculty; feminist; journals; law; news; rankings; reviews; school; u.s; women
• Tenure Politics and the Feminist Scholar by Arriola, Elvia R. (2003) - The symposium organizers have posed that question to those whom presumably are interested in publishing feminist research and preferably, though not exclusively, in feminist law journals. I continued intentionally publishing in feminist law journals when the opportunity arose because I liked the quality of the editing skills, talent, and feedback offered by feminist review editors. Keywords: faculty; feminist; journal; law; review; scholar; tenure; women
• Not Whistlin’ Dixie: Now, More Than Ever, We Need Feminist Law Journals by Meyer, Carlin (2003) - 1 All very interesting, you say, but what has it got to do with the future of feminist law journals? Moreover, with the proliferation of information resources, especially but not only on the Internet, feminist journals which take seriously their responsibility to screen, edit, and check the bona fides and accuracy of that which they publish are increasingly valuable. Keywords: chicks; commitment; country; dixie; feminist; journals; law; media; women; world
• Converted or Unconverted: To Whom Shall We Preach? by Wax, Amy L. (2003) - This failure of feminist scholarship to make use of methods that have enriched other scholars' work has hurt the journals that specialize in publishing feminist works. Women social scientists have long focused fruitfully on feminist concerns, including women's labor market participation, work and family, reproductive and marital behavior, and domestic violence, among others. Keywords: analysis; behavior; browne; children; economics; evidence; feminist; law; market; marriage; scholars; scholarship; support; theory; women; work
• Journals as a Feminist Playground by Case, Mary Anne (2003) - 6 According to my reader, my mere admission of a clear disagreement among feminist theorists risked undermining the discipline as a whole. Perhaps the totemic animals of feminist theorists should not be common chimpanzees, whose males sometimes do kill the young, but bonobos, among whom females are dominant and there is very little aggression, but much evident anxiety, within the group. Keywords: disagreement; females; feminist; law; playground; women
• Looking in the Honest Mirror of Privilege: “Polite White” Reflections by McDonald, Janis L. (2003) - Although citations are made to the work of these scholars there is little substantive engagement of their ideas by white women legal scholars. 7. While I make no claims as to the accuracy of this breakdown for the difference in treatment between white women who speak out and women of color who follow the same course of speaking out, I suspect that the statistics would show a decided trend in that direction. Keywords: color; dialogue; feminist; law; privilege; race; theory; white; women
• Shelter from the Storm: Using Jurisdictional Statutes to Protect Victims of Domestic Violence after the Violence against Women Act of 2000 by Goelman, Deborah M. (2004) - This again raised the question as to whether custody orders are entitled to full faith and credit under the VAWA, and, if so, what type of custody orders are covered by the mandate.3 46 The Act redefined protection order as: [A]ny injunction or other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including any temporary or final order issued by a civil and criminal court (other than a support or child custody order issued pursuant to State divorce and child custody laws, except to the extent that such an order is entitled to full faith and credit under other Federal law) whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection.1 47 On its face, the modified language in the parenthetical appears to distinguish between support or child custody orders issued pursuant to state divorce and child custody laws, and, by omission, support or child custody orders issued as part of protection orders. The UCCJEA also was designed to harmonize child custody jurisdiction law, given the changes that had been enacted by the PKPA, state domestic violence statutes, and the VAWA.' Keywords: act; cases; child; child custody; children; court; custody; custody jurisdiction; custody orders; domestic; emergency jurisdiction; father; ford; home state; jurisdiction; law; mother; ohio; order; protection; protection order; state; u.s.c; uccjea; vawa; victims; violence; women
• Here Comes the Brides’ March: Cultural Appropriation and Latina Activism by Hoyes, Candice (2004) - -Josie Ashton, on the use of bridal gowns in the Brides' March' I. INTRODUCTION Domestic violence, though often disaggregated as a women's issue, is a social phenomenon that encompasses physical, sexual, emotional, economic, and psychological abuses; reaches across race, class, gender, sexual orientation, and socioeconomic background; and impacts everyone including children, the elderly, and the disabled. Josie Ashton first initiated the Brides' March by wearing sneakers and a wedding gown with a picture of Ricart pinned to its front, and walking 1,600 miles from Miami to the Queens church where Gladys Ricart planned to wed. Subsequently, the collective movement of the Brides' March was created not only to pay tribute to Ricart's memory, but also to raise awareness about the impact of domestic violence and the need for resources devoted to the challenges facing many Latinas in particular. Keywords: ashton; brides; community; cruz; family; garcia; gown; latina; march; new; note; ricart; supra; supra note; violence; wedding; white; women
• Women taking the Lead in Law and Law Firms by Women's Association, March 29, 2004, Panel Presentation by Columbia Law (2004) - Please join me in welcoming all these distinguished leaders in law and law firms. I interviewed with law firms and with legal services organizations. Keywords: area; columbia; firm; law; practice; school; things; time; women; work
• To Love the Babe That Milks Me: Infanticide and Reconceiving the Mother by Lang, Lucy Jane (2005) - 20051 Columbia Journal of Gender and Law as negative suffering, despite its social construction as positive suffering: such women are indeed doubly damned. 90 Such women often lack the financial as well as the psychological resources to take action to address their pregnancies.9' These women frequently come from religious or social communities that condemn both premarital sex and abortion, contributing to their feelings of shame and the sense that there is no way out.92 Many neonaticidal women report unpleasant feelings about sexuality dating back to their childhoods.93 Despite media claims that such women concealed their pregnancies, a more accurate explanation is to say that these women denied their pregnancies, both to the people around them and to themselves.94 It is unsurprising that regions in which there is limited access 8 People v. Wernick, 674 N.E.2d 322 (N.Y. 1996). Keywords: act; body; children; choice; death; experience; infanticide; law; motherhood; mothers; neonaticide; note; pain; suffering; supra; supra note; women
• Not in Our Country? A Critique of the United States Welfare System through the Lens of China’s One-Child Law by Love, Christie N. (2005) - United States welfare policy arguably is not in alignment with current human rights instruments 2 or constitutional law regarding privacy.3 The United States considers itself a human fights defender abroad, but the manner in which the United States has dealt with China in the context of human rights is enlightening. [Vol. 14:2 Not in Our Country posed in the case made against United States welfare policy in Sojourner v. New Jersey Dep't of Human Services. Keywords: children; china; families; family; family planning; human; law; marriage; note; planning; policies; policy; population; rights; states; supra; supra note; tanf; united; united states; welfare; women; work
• A Historical Guide to the Future of Marriage for Same-Sex Couples by Goldberg, Suzanne B. (2006) - A Historical Guide to the Future of Marriage distinctions now gone, there is nothing left in marriage law that distinguishes between the roles of male and female spouses. This brief is submitted to assist the Court's deliberations by offering an analysis of the history of marriage law and practice based on our scholarship. Keywords: couples; court; cty; dep't; history; husband; law; marriage; n.y; new; new york; procreation; rule; sex; state; wife; women; york
• The New Politics of Adultery by Cossman, Brenda (2006) - Not unlike the politics of adultery more generally, this film is an instance of life imitating art imitating life, where it is not always clear where the cultural representation of adultery ends and its lived experience begins. C. An Epidemic of Adultery The discursive effect of the broader definition of adultery and the larger group of infidels is that there is simply more infidelity than ever before. Keywords: adultery; affair; epidemic; husband; infidelity; intimacy; marriage; new; note; politics; relationship; sex; supra; west; westlaw; women
• Obscenity Law and Its Consequences in Mid-Nineteenth-Century America by Dennis, Donna I. (2007) - The indictments against Hobbes and Robinson identified the same nine books, a coincidence that suggests these titles comprised the entire corpus of erotic works sold by New York publishers that authorities considered obscene in early 1840s New York.45 All of the books named were published originally in England or France, a sign that American authors had not yet begun to develop sexually arousing themes, at least for commercial distribution.4 6 44 People v. Richard Hobbes, Sept. 28, 1842, District Attorney's Indictment Papers, New York Court of General Sessions (N.Y. Mun. [Vol. 16:1 Obscenity Law and Its Consequences obscene.6' Other titles, such as The Adventures of Silas Shovewell and The Secret Habits of the Female Sex, first surfaced in indictments during the 1850s, but then recurred multiple times, suggesting that they were recent additions to the inventory of New York publishers that soon joined the pornographic canon. Keywords: akarman; american; antebellum; archives; attorney; books; century; city; consequences; court; district; indictment; law; literature; miscellany; mun; n.y; new york; note; obscene; obscenity; obscenity law; papers; people; pornography; prosecutions; publishers; sept; sessions; sex; states; supra; supra note; thompson; venus; women; york court
• The Detention, Confinement, and Incarceration of Pregnant Women for the Benefit of Fetal Health by Cherry, April L. (2007) - REP. 13, 14 (Dec. 1986); Lucinda J. Peach, From Spiritual Descriptions to Legal Prescriptions: Religious Imagery of Woman as 'Fetal Container in the Law, 10 J. L. & RELIGION 73, 76 (1994) (arguing that pregnant women are treated as fetal containers in legal discourse); Charles A. Gardner, Is an Embryo a Person, NATION, Nov. 13, 1989, at 558 (referring to pregnant woman as a maternal environment). Nevertheless, we do know that some judges use incarceration, and threats thereof, to control the behavior of pregnant women who come before them in order to protect the fetuses. Keywords: abortion; alcohol; care; child; commitment; court; decision; detention; drug; fetus; health; incarceration; interest; law; medical; note; privacy; right; state; statute; supra; treatment; u.s; use; women
• Confronting Misinformation on Abortion: Informed Consent, Deference, and Fetal Pain Laws by Tobin, Harper Jean (2008) - (same analysis applies to state abortion law); Nat'l Abortion Fed'n v. Gonzales, 437 F.3d 278, 287 (2d Cir. 2006) (finding Congress's legal citations unavailing in view of Stenberg's authoritative guidance on health exceptions); Planned Parenthood Fed'n of Am. Inasmuch as the reasons supporting judicial deference are not strongly implicated in evaluations of the truth of mandated disclosures, the deference principle-whatever it may mean elsewhere-should not be applied when the substance of abortion informed consent laws are challenged. Keywords: abortion; ann; carhart; cases; consent; court; deference; evidence; fact; health; information; law; laws; medical; note; pain; parenthood; state; statements; supp; supra; u.s; women
• Flirting with the PDA: Congress Must Give Birth to Accommodation Rights that Protect Pregnant Working Women by de la Piedra, Daniela M. (2008) - The legislative history suggests that the purpose of the PDA was to ensure that pregnancy- related disabilities would be treated the same as other temporary disabilities, thereby giving women a chance to be on equal footing with men.33 Additionally, supporters of the PDA noted that discrimination against pregnant women required them to face an economic disadvantage greater than that faced by a person experiencing a different medical limitation, because adverse action against a pregnant employee increases social and economic costs at the same time that a new family member is added.34 Congressional PDA supporters also recognized that women contributed significantly to their families' finances and that loss of income due to pregnancy discrimination could negatively affect the entire family unit. 52 Id. at 290. 53 Id. at 289. 54 Id. at 287-88 (noting that federal law is also not contradicted by Connecticut and Montana laws that provide pregnant women reasonable leave, reinstatement to their original positions or equivalent positions with similar pay, seniority, retirement, and fringe benefits). Keywords: accommodations; cir; court; discrimination; employees; employer; f.3d; law; pda; plaintiff; pregnancy; u.s; women
• Harboring Concerns: The Problematic Conceptual Reorientation of Juvenile Prostitution Adjudication in New York by Schwartz, Shelby (2008) - Finally, the Article identifies the need for a richer base of empirical knowledge regarding juvenile prostitution to inform legal responses and treatment models. It is unclear whether the increase in juvenile prostitution arrests stems from an increase in juvenile prostitution or an increase in arrests and reporting. Keywords: act; approach; children; court; delinquency; family; girls; juvenile; law; n.y; new; note; prostitutes; prostitution; services; sex; sha; state; supra; supra note; trafficking; treatment; tvpa; victims; women; york; youth
• Gender Violence and Work: Reckoning with the Boundaries of Sex Discrimination Law by Goldscheid, Julie (2008) - 4 For domestic violence victims, safety planning is key to seeking and maintaining safety. [Vol. 18:1 Gender Violence and Work Analogous arguments have proved successful against landlords when domestic violence victims lose housing based on policies disadvantaging domestic violence victims. Keywords: abuse; action; antidiscrimination; bias; cases; claim; columbia; court; discrimination; employees; employer; employment; example; gender violence; harassment; impact; infra; law; partner violence; policies; policy; rev; safety; sex; sex discrimination; stereotypes; supra note; treatment; u.s; violence; violence victims; women; workplace; workplace violence
• Introduction by Northup, Nancy (2009) - 60 I have given two examples that focus on abortion, the area of reproductive rights law and policy most contested in the United States, but these transnational developments are taking place in other areas of reproductive and sexual rights as well. 4 The Center for Reproductive Rights has established a Law School Initiative to stimulate new thinking, scholarship, and research on reproductive rights, to bring a transnational law perspective to the field, and to support teaching in this area at U.S. law schools. Keywords: abortion; committee; discrimination; health; human; international; law; note; reproductive; rights; supra; u.n; u.s; women
• Quasi-Colonial Bodies: An Analysis of the Reproductive Lives of Poor Black and Racially Subjugated Women by Bridges, Khiara M. (2009) - Quasi-Colonial Bodies 611 contempt for Black women's reproductive rights.4 Differently stated, the lack of acknowledgment in legal, political, and popular discourse that motherhood is a legitimate choice for poor Black women demonstrates that their right to reproduce is disparaged. That is, the struggle of poor Black women to have their reproductive choices respected is a struggle for racial equality. Keywords: alpha; american; assistance; bodies; body; care; cherniavsky; colonial; health; labor; law; mothers; non; note; patients; pcap; quasi; race; rights; states; subaltern; supra; tanf; united; welfare; white; women; work
• In the Name of Fetal Protection: Why American Prosecutors Pursue Pregnant Drug Users (and Other Countries Don’t) by Fentiman, Linda C. (2019) - WHY AMERICAN PROSECUTORS PURSUE PREGNANT DRUG USERS (AND OTHER COUNTRIES DON'T) LINDA C. FENTIMAN* For more than three decades, American prosecutors have been bringing criminal prosecutions against pregnant women based on their use of drugs while pregnant, with charges ranging from child abuse or neglect to murder. POST, May 27, 2001, at A03 (describing Condon as a candidate for Governor). 2009] Columbia Journal of Gender and Law American prosecutors are distinct in this regard. Keywords: abuse; alcohol; american; birth; children; criminal; drug; exposure; health; law; note; pregnancy; prosecutors; protection; public; risk; states; supra; supra note; system; use; women
• Legal Theory and Gendered History by Kessler-Harris, Alice (2010) - Nineteenth century American women, eager to acquire liberty, asked state governments to free them to go to work, to keep their own wages, to inherit and control their own property, and to have custody of their children in the event of divorce. One brief example might make the point: American women, denied the vote, in the late nineteenth century, evolved a series of strategies to ensure that they would be included in the polity. Keywords: century; freedom; good; history; martha; women; work
• Strategic Gendering as Capability: One Lens into the Complexity of Powerlessness by Sassen, Saskia (2010) - 4 I. STRATEGIC GENDERING: WHEN CAPABILITIES BECOME MULTIVALENT In this analytic shift from individual to system, the category of capabilities can change valence; more precisely, it is marked by multi- valence in that it can be positive or negative, depending partly on the specific assemblage of elements within which it functions.5 I argue that capabilities can evince negative valence: under certain conditions, what is good for a system (including good for noxious systems) turns out not to be necessarily good for the individual even if her capabilities have come into play to enable, support, that system. This is one way of scaling up particular capabilities of women. Keywords: capabilities; capability; countries; debt; development; economies; gendering; global; individual; labor; note; sassen; supra; supra note; women; work; workers
• The Political Behavior of Indian American Women: Gendered and Generational Perspectives on Race, Immigration and Socio-Economic Status by Prasad, Shaknar K.; Norlund, Caroline M. (2010) - And yet, despite the degree of influence that political parties possess over American democracy, membership in these parties is free, open and voluntary. The Political Behavior of Indian American Women 755 the mobilization or activation of the targeted public by political parties, candidates or community leaders.25 Specifically relating to the experiences of immigrant communities in the United States, scholars have identified three hypotheses to predict and explain the partisan attachment of various groups: minority group hypothesis, economic advancement hypothesis and religious commitment hypothesis. Keywords: american; asian; children; choice; community; democratic; focus; groups; indian; partisan; party; republican; respondents; women
• Litigating Sex Discrimination Cases in the 1970s by Rabb, Harriet S. (2013) - The evidence presented was a tape recording made by women employees of the Digest who attended the informational meeting and were hostile to the case. Though Title VII promised women equality of employment opportunity, even many supporters of women's rights were committed to protecting women as workers while preserving their traditional roles as wives and mothers. Keywords: class; digest; new; women; york
• Claiming a Space In the Law School Curriculum: A Casebook on Sex-Based Discrimination by Kay, Herma Hill (2013) - How the RBG-KMD-HHK Collaboration Came About and Why It Was Published as the KMD-RBG-HHK Casebook The demand for law school courses on Women and the Law followed closely after the rapid increase of women law students beginning in the late 1960s,4 who did * Herma Kay is Barbara Nachtrieb Armstrong Professor of Law at UC Berkeley School of Law. 58 Ginsburg COLUMBIA JOURNAL OF GENDER AND LAW number of law school courses on Women and the Law.14 Her observation was borne out by a young entry-level professor who told me that her Dean had been unwilling to let her offer a course in Women and the Law, because he couldn't understand what there was to teach after the first day of class. Keywords: book; casebook; court; discrimination; edition; ginsburg; law; sex; women
• Mifepristone Protocol Legislation— The Anti-Choice Movement’s Disingenuous Method of Attack on the Reproductive Rights of Women and How Courts Should Respond by Samuels, Laura J. (2014) - These laws are broader than that passed by Ohio in 2004, and potentially bar all medical abortions instead of just limiting mifepristone abortions. In addition, these laws force 4 women with pregnancies of forty-nine to sixty-three days of gestation to undergo surgical abortions when medical abortions would be equally appropriate. Keywords: abortion; court; drug; fda; law; legislation; medical; mifepristone; note; ohio; parenthood; protocol; state; supra; use; women
• Closing the Gap of Justice: Providing Protection for Native American Women Through the Special Domestic Violence Criminal Jurisdiction Provision of VAWA by Singh, Shefali (2014) - ' 25 Nearly identical language is used in the VAWA Amendment, which also explicitly states that tribal domestic violence criminal jurisdiction is founded in the inherent power of tribes. Included are a majority of the individual rights protected by the U.S. Constitution.83 Furthermore, a constitutional catch-all provision in the VAWA Amendment states that tribes must maintain all other rights whose protection is necessary under the Constitution of the United States in order for Congress to recognize and affirm the inherent power of the participating tribe to exercise special domestic violence criminal jurisdiction over the defendant. Keywords: act; amendment; columbia; congress; country; court; indian; jurisdiction; law; non; rights; states; tribal; tribes; u.s; vawa; violence; women
• The Landscape of State Anti-Abortion Legislation by Sussman, Rachel (2015) - For example, in Missouri, there are twenty-six bills attempting to restrict reproductive health access just this session. I will focus on the legislative landscape for reproductive health issues. Keywords: abortion; health; law; restrictions; rights; women
• Bold, Brave, and Proactive: Advocacy and Organizing at the Intersection of Reproductive Justice and LGBTQ Liberation by Gonzalez-Rojas, Jessica (2015) - At the same time, it's no secret that reproductive rights have seen tremendous setbacks, particularly at the state level. Jessica is an Adjunct Professor of Latino and Latin American Studies at the City University of New York's City College and has taught courses on reproductive rights, gender, and sexuality. Keywords: abortion; justice; reproductive; rights; women
• Litigating Abortion Access Cases in the Post-Windsor World by Anderson, Bebe J. (2015) - However, we are able to bring our challenges to abortion restrictions on behalf of a variety of types of abortion providers. The Supreme Court recognized decades ago that it was appropriate to allow abortion providers to assert claims on behalf of their patients, as well as their own claims.28 Our clients in challenges to abortion restrictions are typically physicians and health centers that provide abortions, asserting claims on behalf of them- selves, their patients, and/or their staff. Keywords: abortion; columbia; court; health; law; reprod; restrictions; rights; state; u.s; women
• The Hobby Lobby Amicus Effort by Mariri, Brigitte (2015) - So the threshold question has been, do companies-can a company exercise religious rights? '0 Are companies per- sons, under RFRA, and can they exercise religious liberty rights? Keywords: contraception; court; government; law; lobby; rights; stores; women
• Introduction: Banishing Women: The Law and Politics of Abortion Travel by Kelly, Lisa; Tuszynski, Nicole (2016) - Abortion travel is a crucial area of inquiry because it is one of the key ways that women navigate, resist, and sometimes succumb to restrictive abortion laws and policies. In convening this panel, we aimed to promote greater thinking and discussion about abortion travel among scholars and advocates. Keywords: abortion; columbia; health; law; travel; women
• The Law of Stigma, Travel, and the Abortion-Free Island by Erdman, Joanna N. (2016) - It spatially represents a government policy of abortion travel as an act of banishment by and from the state.10 A government policy that requires residents to leave the Island to access abortion services inflicts distinct harms of exclusion, disregard, and neglect, and calls forth a distinct rationale in justification for these harms, namely protection rather than only punishment. Columbia Journal of Gender and Law 2933.1 THE LAW OF STIGMA, TRAVEL, AND THE ABORTION- FREE ISLAND JOANNA N. ERDMAN* In 1988, the Supreme Court of Canada decriminalized abortion in R. v. Morgentaler.1 Almost immediately thereafter, the Maritime province of Prince Edward Island (“P.E.I.”) passed a legislative resolution opposing the provision of abortion services on the Island except to save the life of a pregnant woman.2 P.E.I. is a small pastoral province of rolling hills and ocean coves in the St. Lawrence Gulf, and since 1988, through various regulatory actions, its government has honored this policy promise to keep the Island abortion-free and to preserve its moral landscape.3 The same year that abortion was banished from P.E.I., Prince Edward Islanders also voted “yes” to the building of the Confederation Bridge, which would join the Island to * B.A., J.D., University of Toronto; LL.M., Harvard Law School. Keywords: abortion; bridge; canadian; island; law; p.e.i; pei; policy; services; stigma; women
• Introduction: Female Perspectives in Commercial and Consumer Law by Hawkins, Jim (2016) - In just the past few years, articles have argued that payday lenders target women on welfare and single women;8 criticized payday lenders for targeting economically disadvantaged groups like women;9 found that payday loan advertisements contained more pictures of women than one would predict based on the percentage of women in the general population or in the payday loan market;10 suggested that financial stress pushes more women into payday loans than men;11 posited that the spread of payday lenders is symbolic of the “status-contingent inequalities” that 3 Jim Hawkins, Using Advertisements to Diagnose Behavioral Market Failure in the Payday Lending Market, 51 Wake Forest L. Rev. 57, 58 (2016). In Creditors’ Use of Consumer Debt Criminalization Practices and Their Financial Abuse of Women, Creola Johnson argues that lenders have used the coercive power of the state to enforce debt obligations through criminal laws.14 Focusing on rent-to-own companies and payday lenders, she describes how this debt collection strategy likely disproportionately affects female borrowers.15 In line with the general theme of the symposium, she highlights reasons women in particular might face demands that make them more susceptible than men to the criminalization of their debt.16 Hila Keren takes up the popular show Shark Tank in her article Women in the Shark Tank: Entrepreneurship and Feminism in a Neoliberal Age. Keywords: consumer; credit; law; payday; women
• About Abortion: Reflection & Response by Pozen, David E.; Sanger, Carol (2017) - Columbia Journal of Gender and law160 35.1 About Abortion: Reflection & Response about abortion: terminatinG PreGnanCy in twenty-FirSt Century ameriCa By Carol Sanger Harvard University Press, 2017 The Abortion Closet (with a Note on Rules and Standards) Reflection by David E. Pozen Closets, Standards, Abortion: A Reply to Professor Pozen Response by Carol Sanger 161 167 Columbia Journal of Gender and law 16135.1 THE ABORTION CLOSET (WITH A NOTE ON RULES AND STANDARDS) DAVID E. POZEN* An enormous amount of information and insight is packed into Carol Sanger’s About Abortion: Terminating Pregnancy in Twenty-First Century America. But as Sanger shows, standards in abortion law may have just the opposite effect. Keywords: abortion; closet; columbia; law; note; pozen; rules; sanger; standards; supra; women
• Introduction and Keynote by Abdus-Salaam, Sheila; Lopez, Elise (2018) - I believe that women lawyers, women of color who are lawyers or want to be lawyers are designed for accomplishment, engineered for success, and endowed with seeds of greatness. It’s about being an advocate both for ourselves in the legal and professional world, but also being a mentor to other women of color. Keywords: columbia; court; law; new; women; york
• Tales of a Flow Stayed By Nothing: Menstruation in Immigration Detention by Johnson, Kit (2021) - Apropos of the earlier discussion regarding the carceral features of civil immigration detention—see supra notes 12-17 and accompanying text—both sets of immigration detention standards developed out of the American Correctional Association standards for pretrial felons. In 2019, an average of 7,700 noncitizen women were held in immigration detention facilities daily and another 4,500 migrant women were held in local jails awaiting transfer to immigration detention.19 Most of these women menstruate.20 Conditions for menstruating women in immigration custody today are not substantially different from those experienced by Fauziya Kassingja in 1994. Keywords: detainees; detention; flow; immigration; law; note; period; standards; supra; women
• Establishing the Unconstitutionality of Menstrual Exclusion Practices in India by Srinivasan, Divya; Kannan, Bharti (2021) - In fact, a 2016 study found that only one in eight adolescent girls in India faced no restrictions at all during menstruation.1 The constitutionality of menstrual exclusion practices has most famously been challenged in the Sabarimala case, where the Indian Supreme Court in a 4:1 majority found that the law restricting entry of women of menstruating age into the Sabarimala temple violated women’s constitutional rights to religion and equality. Expanding on this theme, Justice Chandrachud’s ruling is premised on three main grounds that lay a solid foundation for further constitutional challenges to menstrual exclusion practices. Keywords: article; exclusion; india; law; places; practices; rights; sabarimala; women

• Day 2 Panel 4: Advocacy Planning and Closing Remarks by Maya Grosz; Lisa Vara; Hamra Ahmad; Karla George; Christine Perumal; Shani Adess; Anna Maria Diamanti (2023) - And our system is incredibly broken, but one thing that resonated for me yesterday was Stephanie's incredibly powerful speech and this concept that came out in other panels too of making the invisible, visible to people. and I said, “Well, you know, if we get the word out, if other people are seeing these same patterns across the country as well, maybe, in fact, we can effectuate change if we feel that we as individuals are not able to.” Keywords: columbia; court; judges; law; need; panel; people; system; thing; training
• Domestic Violence Work at Columbia Law School by LaVelle, Laura (1998) - In addition to providing critical help to a large and growing number of domestic violence victims, the CAP provides hundreds of law students with the opportunity to assist battered women and their children in taking the courageous step from abuse to safety. Through CAP, Student Advocates from all six New York City law schools assist domestic violence victims when they first arrive in Family Court. Keywords: cap; columbia; court; family; law; students; violence
• Same-Sex Relationships, DOMA, and the Tax Code: Rethinking the Relevance of DOMA to Straight Couples by Terry, Keeva (2011) - Yet, DOMA creates economic inequities for heterosexual couples such that many married heterosexual couples pay more federal income tax than same- sex married couples and domestic partners who earn identical incomes.225 DOMA does not preclude the federal income tax disparity between domestic partners and heterosexual married couples that currently exists under federal income tax laws, 226 221 See COMMUNITY PROPERTY, supra note 25 ([A] person in California who is married to a person of the.same sex generally must report half the combined community income earned by the individual and his or her same-sex spouse.). The IRS objected and sought to impose federal income tax on Mr. Bufalino alone for the entire amount paid by Fairfrox to ABS Partnership. Keywords: columbia; community; couples; doma; federal; income; income tax; law; marriage; married; partnership; partnership income; sex; state; supra
• Identity or Condition: The Theory and Practice of Applying State Disability Laws to Transgender Individuals by Chung, Jeannie J. (2011) - COLUMBIA JOURNAL OF GENDER AND LAW response that since state disability laws, in theory and to some extent in practice, would allow for both physical and mental disabilities to be covered, advocates should not fixate on whether transgender individuals have a physical or mental impairment.140 V. Potential Approaches for Advocates Considering the Application of State Disability Laws to Transgender Plaintiffs After having considered the current landscape of state disability law as applied to transgender individuals, as well as the concerns inherent in employing either a medical or social model approach, this Article will next discuss the various options advocates might consider before bringing a transgender discrimination claim under state disability law. Keywords: columbia; condition; court; disability; discrimination; impairment; individuals; journal; law; laws; model; physical; plaintiff; state; state disability; transgender; transgender individuals
• Is the Inability to Marry a Marital Status? Levin v. Yeshiva University and the Intersection of Sexual Orientation and Marital Status in Housing Discrimination by Kravis, Andrew (2012) - The HUD regulation is exemplary, however, in that it grants protection against sexual orientation housing discrimination and marital status housing discrimination in the same stroke. Because the Fair Housing Act does not protect against either sexual orientation housing discrimination or marital status housing discrimination, state law governs these cases, and thus housing providers in the thirty-five states that protect only one or neither of these statuses avoid legal consequences for their discrimination by recharacterizing the facts to fit the permissible form of discrimination. Keywords: ann; columbia; couples; discrimination; housing; housing discrimination; law; levin; marriage; orientation; policy; sex; state; status; status discrimination; view; west
• Returns by Dent, Gina (2014) - 6 27.1 COLUMBIA JOURNAL OF GENDER AND LAW Rejecting this low-hanging fruit, I tried to avoid the mistake of so many of my students, who embrace with great enthusiasm the form of Patricia Williams' brilliance, but ignore some of what I always took to be the most important invitations in her work. They are entirely passive in relationship to law; they are willing to succumb to its every flirtation. Keywords: columbia; law; pat; students; williams; work
• The Embodied Self by Pollack, Robert (2014) - The arc of a lifetime of self- awareness is also an expression of such cycles of gene expression, with the twist that the inputs of embryonic development are signals from other cells, while the inputs of the mind's development are from other minds as well. Finally, therefore, there can be no Professor who does not profess, and to profess means to allow one's mind to be shared with other minds in a reciprocal fashion. Keywords: body; columbia; gene; mind; self
• A Conversation with Edie Windsor by Goldberg, Suzanne B.; Gomez, Madeline M.; Chesley, Andrew (2015) - So when I talked about the case, I wanted to talk about gay people, altogether. Well, first Thea and I had received a flyer asking us to come to a party. Keywords: case; columbia; court; edie; gay; law; people; thea; time
• Introduction by Cleary, Shannon E. (2015) - The report was titled Is the Government Unable or Unwilling to Prevent and Investigate Torture? June 26, 2013 was also the final day of the Supreme Court's term-the day when the Justices would have to announce their decision in United States v. Windsor.4 I made it home that evening just as news reports began stating that the decision was * J.D. candidate 2015, Columbia Law School; B.A. Harvard College, 2012. After finishing my first year at Columbia Law School and becoming an editor of this Journal, I had traveled to Nepal to set my newly trained legal mind to work at a human rights NGO. Keywords: columbia; law
• More Than Mileage: The Preconditions of Travel and the Real Burdens of H.B. 2 by Gomez, Madeline M. (2016) - Even just partial implementation of H.B. 2 caused a significant reduction in the number of abortion clinics in the state. Judge Jones’ questioning manifests one of the major difficulties advocates and activists faced in battling anti-abortion legislation in the years before the landmark Whole Woman’s Health decision: when applying the undue burden standard, many judges examined regulations in a vacuum,17 divorced from the lived realities of the women who experience them and their attendant harms.18 A reproductive justice frame attempts to remedy this blind spot by placing the question of abortion access within a holistic analysis of people’s lives that examines the political and historic circumstances in which those lives are situated.19 Reproductive justice advocates understand reproductive healthcare as a human right20 and, accordingly, look to international human rights law for guidance in interpreting domestic policies surrounding abortion access. Keywords: abortion; ana; columbia; court; h.b; health; law; reproductive; texas; woman
• Working 9 to Non-Stop: The Fair Housing Act's Sexual Harassment Protections for Domestic, Agricultural, and Other Live-In Workers by Lowell, Callen (2021) - The study found that an overwhelming number of the live-in workers who were verbally harassed were sexually harassed and abused as well.30 Domestic workers, especially live-in workers, are also isolated and often afraid to complain about these working conditions.31 Ninety-one percent of workers reported that they did not complain for fear of losing their jobs, and forty-two percent stated they did not complain due to fear of employer violence.32 Litigators have long recognized that these structural and legal barriers to reporting and filing claims in cases of domestic worker sexual harassment have limited the number of domestic worker sexual harassment legal cases, despite widespread harassment in the field.33 2. This Part specifically outlines how courts have addressed the key questions that come up in live-in worker housing litigation, including whether workers are considered “renters,” what constitutes a dwelling, and how units are counted in worker housing. Keywords: cases; claims; columbia; discrimination; employer; employment; farmworkers; fha; harassment; housing; law; live; note; protections; sexual; state; title; title vii; vii; workers

• Day 1 Panel 4: Fixing What's Broken: Reforming the System by William C. Silverman; Christine Perumal; Karla George; Joan Gerhardt; Denise Kronstadt (2023) - So family court judges, or county court judges outside of the City of New York Surrogate, and others, cannot go to the Appellate Division. And we hope that people coming into the system would know that they're going to have to sit in family court cases, and will potentially have more of an interest in doing that. Keywords: court; family; judges; law; new; people; silverman; system; william
• Day 2 Panel 2: Promoting Equity From the Bench: Judicial Selection, Oversight, and Training by Shahabuddeen Ally; Savina Playter; Tamra Walker; Robert Tembeckjian; Juanita Bing Newton (2023) - First, there was some specialized training in family court with family court judges training 44.1 COLUMBIA JOURNAL OF GENDER & LAW 213 the new judges. Often, and particularly the lesser populated counties, family court judges are also county court judges and surrogate’s court judges, they wear three hats and their time, attention, training, and focus is often divided. Keywords: cases; court; family; hon; judge; judicial; know; law; new; training; violence
• Racing Dobbs by Franke, Katherine; Mar, Ria Tabacco (2024) - In Dreding Dobbs, Professor Katherine Franke suggests that Dobbs should be read alongside the Supreme Court’s 1857 decision in Dred Scott v. Sandford, in which the Court held that Black people—even free or freed Black people— were not U.S. citizens. It then dawned on me: this case shares a number of similarities with Dred Scott v. Sandford, the 1857 Supreme Court case that found that the drafters of the U.S. Constitution never intended Black people to be U.S. citizens.2 Having spent some time reading both cases side-by-side, I have concluded that in important ways, Dred Scott did for white supremacy, defining the United States as a white nation, what Dobbs does for patriarchy, masculinizing the Constitution as a compact among men. Keywords: court; dobbs; dred; people; plessy; scott
• Introduction by Fineman, Martha Albertson (1992) - Whatever one thinks of abortion, it cannot be denied that there are common and respectable reasons for opposing it, other than hatred of or condescension toward (or indeed any view at all concerning) women as a class-as is evident from the fact that men and women are on both sides of the issue .... ,9 The timing of this decision (within the last week of the Bush Presidency) is probably not insignificant. 2 On a more pragmatic rendition of the same theme, Justices O'Connor, Kennedy, and Souter stated: The ability of women to participate equally in the economic and social life of the Nation has been facilitated by their ability to control their reproductive lives. Keywords: abortion; court; law; woman
• Maternal-Fetal Conflict: A Call for Humanism and Consciousness in a Time of Crisis by Amana, Cheryl E. (1992) - In calling for a humanistic approach to medical care decision making by pregnant women, I propose a model that recognizes alternatives to state intervention as the first course of action, allowing intervention only as a matter of last resort. While it is true that the recognition and expansion of fetal rights could lead to increased resources available to pregnant women, placing the focus on fetal rights often results in changes made at the expense of the pregnant woman herself. Keywords: care; child; conflict; court; fetal; fetus; health; interest; intervention; law; life; medical; note; pregnancy; rights; state; supra; treatment; u.s; woman
• A Comparison of American and Jewish Legal Views on Rape by Miller, Beth C. (1996) - This is one reason why Jewish rape law is more favorable to women; it does not bear the initial prejudice against sexually active, married women that American law does. 19961 Columbia Journal of Gender and Law Another aspect of Jewish rape law seemingly adverse to women is the required marriage of rapist and victim, if the victim consents. Keywords: american; consent; court; defense; evidence; force; intercourse; law; legal; maimonides; marriage; people; rape; rape law; rescue; resistance; rev; sex; state; supra note; u.s; victim; woman
• Inevitable Dependencies by Simon, Jonathan (1995) - For all its naive optimism, this vision constituted a recognition of the way modern society had expanded the space of child dependency by removing children from the labor force and ghettoizing them in youth environments like schools, where their interactions could be defined as problems for new professions like social work, educational psychology, and juvenile justice. For all its naive optimism, this vision constituted a recognition of the way modern society had expanded the space of child dependency by removing children from the labor force and ghettoizing them in youth environments like schools, where their interactions could be defined as problems for new professions like social work, educational psychology, and juvenile justice. Keywords: american; caretaking; court; crime; dependency; family; fineman; government; ideology; justice; law; mother; society; welfare; youth
• Untying the Relocation Knot: Recent Developments and a Model for Change by Ford, Chris (1997) - [Vol. 7:1 Relocation Knot leading case on custodial parent relocation. These associations reflect the statistics discussed in supra notes 28 and 29, not the inherent or inevitable capacities of divorced fathers or mothers to be custodial parents. Keywords: child; child custody; children; court; custody; divorce; endangerment; family; father; interest; law; marriage; modification; mother; new; parent; relationship; relocation; section; standard; supra; trial court; umda; visitation
• Prosecutorial Use of Expert Testimony in Domestic Violence Cases: From Recantation to Refusal to Testify by Rogers, Audrey (1998) - Part I provides a background on the need and nature of expert testimony in domestic violence cases and the requirements for the admission of such expert testimony. [Vol 8:1 Prosecutorial Use of Expert Testimony jury,2 that the testimony be based on scientifically valid methodology,2 9 and that the expert be qualified.30 Additionally, the trial court must decide whether the evidence's probative value outweighs any prejudicial impact.31 C. Defense Use of Expert Testimony on Battering and Its Effects Defendants initiated the use of expert testimony on battering and its effects. Keywords: court; defendant; defense; evidence; expert; expert testimony; note; state; supra; syndrome; testimony; use; victim; violence; woman
• Tanner v. Oregon Health Sciences University: Justifying the Mandate for Domestic Partner Benefits by Chusid, Jodie Leith (1999) - Instead, Oregon courts look at whether the reasoning behind the classification is rational or stereotypical. CONCLUSION The Court of Appeals decision in Tanner v. Oregon Health Sciences University will be much anticipated.210 This Article illustrates that precedent, statutory language and history, legislative intent, and constitutional analysis can and should be interpreted to deem Defendants' policy and practice of denying homosexual domestic partners benefits afforded heterosexual married partners both illegal and unconstitutional. Keywords: analysis; benefits; class; court; defendants; discrimination; employee; employment; group; insurance; law; oregon; orientation; ors; partners; plaintiffs; sex; state; statute; tanner
• From Pig in a Parlor to Boar in a Boardroom: Why Ellerth Isn’t Working and How Other Ideological Models Can Help Reconceptualize the Law of Sexual Harassment by Bauchner, Kerri Lynn (1999) - The rationale for such a focus has historically been the encouragement of technological progress and economic expansion,99 a focus that has no place in sexual harassment cases. It thus seems apparent that while sexual harassment law was in a more nascent stage, judges had more of an opportunity to inject their own common sense reasoning into their analyses and applications of the law, as was done in the Leibovitz case. Keywords: claim; corporation; court; defense; ellerth; employment; environment; harassment; law; liability; plaintiff; quo; supervisor; work
• Sexual Orientation and the Law: Valid and Valuable Jurisprudence by Becker, Susan J. (2000) - The moral climate in which children are raised is an important factor in child custody and visitation. One would expect a court to err on the side of caution when an issue as potentially devastating as child sexual abuse is raised. Keywords: children; christine; court; dean; eric; hertzler; law; orientation; pamela; sandor; visitation
• Gay and Lesbian Applicants to the Bar: Even Lord Devlin Could Not Defend Exclusion, Circa 2000 by Finer, Joel Jay (2001) - III E.g., BALIF (Bay Area Lawyers for Individual Freedom); GALLOP (Gay and Lesbian Lawyers of Philadelphia: http://www.libertynet.org/gallop); GAYLAW (Gay and Lesbian Attorneys of Washington: http://www.gaylaw.org/main.html); LEGAL (Lesbian and Gay Law Association of Greater New York: http://www.le-gal.org/); MLGBA (Massachusetts Lesbian and Gay Bar Association: http://www.mlgba.org/intro.html); NC- GALA (North Carolina Gay and Lesbian Attorneys: http://www.ncgala.org). 112 E.g., LEGALS (Lesbian and Gay Law Students at SMU Law School); the University of Southern California Gay and Lesbian Law Union which notes: [s]everal of the Law School's deans, faculty members, and administrators are openly gay and lesbian. In post-Romer litigation, courts have tended to find that the Equal Protection Clause does not require courts to invalidate laws discriminating against gays where such laws can be said to be rationally related to a legitimate public objective. Keywords: acts; applicants; bar; basis; character; conduct; court; devlin; gay; homosexual; law; laws; legal; lesbian; marriage; note; practice; profession; public; romer; state; supra
• Victim or Accomplice?: Crime, Medical Malpractice, and the Construction of the Aborting Woman in American Case Law, 1860s-1970 by Reagan, Leslie (2001) - 57 Wolcott v. Gaines, 169 S.E.2d 165, 166 (Ga. 1970). 2001] Columbia Journal of Gender and Law Kansas Supreme Court concluded that a woman could bring a suit against her abortionist for negligence or the next of kin could sue in the event of a woman's death.58 Indeed, the Kansas court felt no hesitancy about declaring that if the deceased Joy M. Joy had lived, she could have brought a suit for negligence herself 5 9 Certainly, her relatives, on behalf of her six- year-old daughter, could sue for wrongful death.6 Yet, a year later the Illinois State Supreme Court reached the opposite conclusion.6' In 1970, the Georgia Supreme Court reviewed case law on the question and concluded, as had the Kansas court, that civil suits following illegal abortions were allowed.62 The Kansas and Georgia decisions permitting women or their relatives to sue for damages in illegal abortion cases fit with the period's general trend toward making it easier for people to bring malpractice suits and coincided as well with the emerging movements for abortion law reform.63 Underlying the opposing responses to malpractice and wrongful death suits for abortion are implicit theories about the methods for deterring crime. It should be noted that the courts' treatment of women as victims in abortion cases cannot be explained as the natural result of the fact that the woman had died following an illegal abortion, since as in this case and a number of others, the woman survived her abortion efforts. Keywords: abortion; abortionists; accomplice; cases; century; court; damages; law; medical; note; state; suits; supra; victim; woman
• Let the Truth Be Told: Proposed Hearsay Exceptions to Admit Domestic Violence Victims’ Out of Court Statements as Substantive Evidence by Beloof, Douglas E.; Shapiro, Joel (2002) - The reality of batterer coercion in domestic violence cases should be reason enough to require only general extrinsic corroboration in cases of prior inconsistent statements of domestic violence victims, rather than corroboration of each element of the crime. The two proposed hearsay exceptions focus on the admissibility of unswom prior inconsistent statements made by domestic violence victims. Keywords: court; evidence; exception; hearsay; prior; recantation; reliability; rev; rule; statement; trial; truth; u.s; victim; violence; violence cases; violence victim; witness
• Note: The Underage, the “Unborn,” and the Unconstitutional: An Analysis of the Child Custody Protection Act by Liebman, Joanna S. (2002) - In addition, the CCPA is a federal law, whereas the laws generally addressed by the Court in standard abortion cases have been state laws. 5 1 The purpose of the Mann Act was to strengthen state laws and policies prohibiting prostitution and pandering, already enacted and enforced in all states at the time of its passage.52 Further, all litigation challenging the constitutionality of the Mann Act centered on the Commerce Clause and not on the right to travel, 53 as the former doctrine had not been articulated to the extent that it has been today.54 Since no state had a specific policy allowing pandering or prostitution, the issue of granting privileges and immunities to individuals engaged in those activities never arose. Keywords: abortion; act; ccpa; child; citizens; clause; commerce; congress; court; law; laws; right; state; travel; u.s
• Foreword: The Next Normal-Developments since Marriage Rights for Same-Sex Couples in New York by Weiser, Jay (2004) - 18 See Lomet Tumbull, Gay Marriage: Couples Head North for Validation. 21 Alan Cooperman, Sodomy Ruling Fuels Battle over Gay Marriage, Wash. Post, July 31, 2003, at Al; Shawn Hubler, It Was a Surprisingly Quick Engagement: Acceptance of Gays is Now Widespread-But Same-Sex Marriage Could be the Biggest Battle. Keywords: civil; court; domestic; gay; law; marriage; n.y; new; note; recognition; relationships; rights; sex; sex couples; sex marriage; states; supra; union; united; vermont; york
• Father by Newspaper Ad: The Impact of In Re the Adoption of a Minor Child on the Definition of Fatherhood by Pally, Alison S. (2004) - Unwed fathers were considered irrelevant to the adoption process. The State's rationale was that unwed fathers were presumed to be unfit to raise their children. Keywords: adoption; child; children; court; definition; father; florida; law; mother; notice; rights; state; supreme; supreme court
• Operating in an Empirical Vacuum: The Ellerth and Faragher Affirmative Defense by Lawton, Anne (2004) - Nov. 13, 2001) (affirming district court order granting summary judgment to employer, rejecting plaintiffs argument that her employer had not satisfied prong one because it had not shown that her harasser had received sexual harassment training by concluding that 'distribution of an anti-harassment policy provides compelling proof that the company exercised reasonable care in preventing and promptly correcting sexual harassment' (quoting Barrett v. Applied Radiant Energy Corp., 240 F.3d 262, 266 (4th Cir. 2001)); Gawley v. Ind. Univ., 276 F.3d 301, 311-12 (7th Cir. 2001) (affirming district court order granting summary judgment on plaintiffs sexual harassment claim, concluding that plaintiff had no evidence that the [employer] failed to exercise reasonable care in preventing and correcting the harassing behavior because the employer had a system in place for employees to report sexual harassment and, once reported, the employer took action and the harassment stopped); Hill v. Am. 2d 999, 1007 (D.S.D. 2001) (granting employer's motion for summary judgment on plaintiffs sexual harassment claim and noting, in dicta, that employer could prevail on the affirmative defense, in part, because the employer had in place policies and procedures for handling sexual harassment [and] Keywords: cases; cir; circuit; complaint; concluding; court; court order; defense; ellerth; employees; employer; employer liability; evidence; faragher; harassment; harassment policy; inc; judgment; law; lexis; motion; order; plaintiff; procedure; prong; report; reporting; summary judgment; supra; u.s; workplace harassment
• Backfiring of the Domestic Violence Fire Arms Ban by May, Lisa D. (2005) - CONSTITUTIONAL ATTACKS While supporters of the laws praise them as successfully reducing gun-related domestic violence deaths,68 gun control opponents argue that the laws are impermissible federal gun control measures [d]ress[ed] up... as domestic violence laws.,69 C. Victim Biases Local trial judges continue to disregard domestic violence laws, derailing the progress intended by the enactment of both the local laws themselves and the Domestic Violence Firearms Bans.175 Keywords: amendment; bans; court; employment; f.3d; federal; firearms; gun; judges; law; laws; military; note; order; police; protection; state; statute; supra; victims; violence; violence firearms
• Race, Culture, and Adoption: Lessons from Mississippi Band of Choctaw Indians v. Holyfield by Maldonado, Solangel (2008) - They further suggest that Indian children raised in white homes who have relationships with other Indian children develop secure Indian cultural identities. It then compares the law's treatment of non-Indian children with its treatment of Indian children in the6 context of transracial adoption. Keywords: adoption; american; blood; children; choctaw; court; families; family; holyfield; icwa; indian; law; non; note; parents; placement; race; reservation; state; supra; tribal; tribe; twins; u.s; white
• Should a Trip from Illinois to Tennessee Change a Woman into a Man: Proposal for a Uniform Interstate Sex Reassignment Recognition Act by Newlin, Alice (2008) - PROPOSAL FOR A UNIFORM INTERSTATE SEX REASSIGNMENT RECOGNITION ACT ALICE NEWLIN* In Illinois, a transgender woman' who has had sex reassignment surgery can request an amendment to her birth certificate to change her legally-recognized sex (legal sex) 2 from the sex assigned at birth to one she chooses later in life. Legal sex refers to the recognition given to the person by courts, legislatures, and administrative agencies, which in most instances will also be the person's physical sex, but may conflict for some individuals in some jurisdictions, as will be explored below. Keywords: act; birth; certificate; change; court; female; identity; law; male; marriage; people; person; recognition; sex; sex reassignment; state; supra; surgery; transgender; uniform
• Family Law Cases as Law Reform Litigation: Unrecognized Parents and the Story of Alison D. v. Virginia M. by Goldberg, Suzanne B. (2008) - The appellate court's brief opinion also summarily rejected Alison's equitable estoppel theory and the constitutional arguments advanced by the ACLU.8° In a rhetorical move that has now become standard for courts denying familial status to lesbians and gay men,8' the Appellate Division stressed that the decision intended no disrespect to Alison personally by stating: We do not, by virtue of our determination on this issue, minimize, in any way, the close and loving relationship that the petitioner has 76 Alison D., 552 N.Y.S.2d at 322-24. ld. [Vol. 17:3 Family Law Cases as Law Reform Litigation Vermont Supreme Court did the same, citing Alison D. for the proposition that a non-biological parent was not a parent for purposes of visitation rights.11 7 Notably, several courts also relied on Alison D. to deny standing to adults who had parented children while in heterosexual relationships, confirming the concerns of Alison's lawyers that the decision would cast a broad, harmful shadow.11 8 The legal fallout in the years immediately following Alison D. did not entirely track the New York Court of Appeals' approach, however. Keywords: alison; alison d.; andrew; case; child; children; court; ettelbrick; family; family law; gay; law; lesbian; litigation; new; note; parent; relationship; rights; supra; virginia; visitation; york
• Morse v. Frederick’s New Perspective on Schools’ Basic Educational Missions and the Implications for Gay-Straight Alliance First Amendment Jurisprudence by Woods, Jordan Blair (2008) - Originally, in Tinker v. Des Moines Independent School District, the Supreme Court held that in order to limit student speech schools had the high burden of showing that it materially and substantially interfere[s] with the requirements of appropriate discipline in the operation of the school. The school district contended that the school's ability to adopt policies should influence the Court to conclude that the rule it advocated by the school district did not grant schools unfettered discretion to limit school speech. Keywords: amendment; court; district; expression; fraser; gay; gsa; limit; missions; morse; school; school district; speech; student; tinker; u.s
• Redefining the Baseline: Reasonable Efforts, Family Preservation, and Parenting Foster Children in New York by Bonagura, Rebecca (2008) - 34 Teen mothers in foster care face the triple threat of being minors, foster children, and often single.135 Further, in New York, many foster children are African American or Latino and are from poor backgrounds, adding two other grounds for potential prejudice and suspicion. In many cases, it may be that moderate intervention and a commitment to improving the circumstances in which foster children parent would prevent physical or emotional harm due to mistakes, misinformation, and lack of support, as well as prevent the harm caused to both parenting wards and their children by removal. Keywords: acs; ariella; care; child care; children; court; family; foster; foster care; law; minor; n.y; new; note; parenting; parenting wards; parents; removal; services; state; supra; supra note; system; wards; york
• Privacy, Property, and Public Sex by Ball, Carlos A. (2008) - Styles of embodiment are learned and cultivated, and the affects of shame and disgust that surround them can be tested, in some cases revalued. 4 0 Queer theorists like Warner seek simultaneously to problematize the domestication of sexuality and to celebrate the phenomenon of public sex.41 Although defending the rights of individuals to engage in public sex is controversial and is likely to make many people uncomfortable, it is important to note that advocates of public sex do not use that term to mean sex that takes place anywhere, at any time, and in front of anybody; instead, they mean sex that takes place in sites other than the home (as well as, presumably, outside of analogous places such as hotel rooms).42 Examples of public sex sites include specific public bathrooms in parks and rest stop areas along highways, as well as commercial establishments (such as sex clubs and adult movie theaters) that make available designated areas within their facilities where individuals may engage in sexual conduct 3.4 As I explain in the next section, those who engage in public sex frequently rely on practices and norms, as well as on the physical configurations of the chosen locations, to privatize public sites where sex takes place. [Vol. 18:1 Importantly, the descriptive conclusion that sexual actors rely on distinct mechanisms to privatize public sex sites is not inconsistent with the normative aspects of the queer project as it relates to public sex. Keywords: actors; amendment; area; conduct; court; example; fourth; gay; home; humphreys; individuals; law; lawrence; liberty; men; note; open; people; place; privacy; property; public; right; sex; sex sites; sexual; sites; space; supra; supra note; u.s; warner
• The Meaning of Life: Belief and Reason in the Abortion Debate by Borgmann, Caitlin E. (2009) - 100 Blackmun's opinion identified fetal viability as the point at which the government's interest in the fetus becomes sufficiently compelling to deny women abortions unless their lives or health are threatened. This view has rightly been criticized by both supporters (e.g., Michael Sandel) and opponents (e.g., Frances Beckwith) of abortion rights. Keywords: abortion; ban; conservatives; court; debate; defense; embryo; embryonic; example; fetus; human; law; life; meaning; note; person; personhood; position; pregnancy; public; question; rape; rights; roe; state; supra; supra note; view; woman
• Toys Are Us: Sex Toys, Substantive Due Process, and the American Way by Waldo, Curtis (2009) - (While Casey . . . may have suggested the demise of fundamental rights analysis, the Court in Washington v. Glucksberg discussed and affirmed in principle the idea that rights of privacy are fundamental rights deserving of strict scrutiny.). the Court explained that because the right to personal privacy was fundamental, the state had to have a compelling interest before it could regulate the choice of whether to have an abortion or not.3° Four years later, the Court ruled in Carey v. Population Services that prohibiting the sale of contraceptives was equivalent to prohibiting the use of contraceptives for purposes of fundamental rights analysis, further extending the right of privacy.3 1 As prohibiting the sale of contraceptives placed a significant burden on the exercise of a fundamental right, such laws were unconstitutional, even though they regulated commercial relationships. Keywords: analysis; basis; cases; court; harm; justice; kennedy; lawrence; laws; liberty; note; privacy; process; public; rev; right; sale; scrutiny; sex; sex toys; state; supra; supra note; texas; toys; u.s; williams
• A Lot to Ask: Review Essay of Martha Nussbaum’s from Disgust to Humanity: Sexual Orientation and Constitutional Law by Case, Mary Anne (2010) - [Vol. 19:1 A Lot to Ask One reason Devlin associates homosexuality with negative externalities may be because Devlin cannot seem to imagine that gay sex can be domesticated, perhaps because he wrote so long before serious and widespread talk of same-sex marriage or the gaby boom. As Justice Johnson notes, 13 4 it took until 1973 for theSupreme Court of Vermont to declare: Having rejected the archaic principle that husband and wife are one person, it must necessarily follow that a married woman is a person under the Constitution of Vermont, and is entitled to all the rights guaranteed to a person.135 Acknowledging that a history of denying the full personhood of married women and a continued commitment to traditional fixed sex-roles outside the bedroom, not only disgust at gay sex,' 36 can undergird opposition to legal recognition of same-sex marriages, as Justice Johnson demonstrates, does not weaken the constitutional case in favor of same-sex marriage, it strengthens it, given the strength of our existing well- established constitutional prohibitions against embodying fixed sex-roles in law. Keywords: amendment; case; court; disgust; gay; homosexual; homosexuality; humanity; law; love; marriage; note; nussbaum; opponents; orientation; powell; public; rights; romer; scalia; sex; state; supra; u.s
• Saving Children or Blaming Parents – Lessons from Mandated Parenting Classes by Schaefer, Tali (2010) - I. LEGALLY-MANDATED PARENTING CLASSES Forty-six states now offer parent education programs. C. Helping Children is the Primary Stated Purpose of Parenting Classes The proponents of parent education programs aim to help the children of separating parents by improving parental behavior. Keywords: ann; audio; author; children; classes; committee; conflict; court; divorce; education; education programs; family; file; judges; judiciary; law; legislation; note; parent education; parenting; parents; percent; programs; recording; rev; stat; states; studies; supra; supra note; tape
• Dangerous Terrain: Mapping the Female Body in Gonzales v. Carhart by Hill, B. Jessie (2010) - [Vol. 19:3 2010] Dangerous Terrain 663 disturbing detail one is likely to find even in Supreme Court cases describing actual crimes of violence.7' After the graphic description of a criminal act, in which the woman herself is missing-she is just the frame, background or terrain for this intensive description of what actually occurs inside her-the Court moves on to consider the operation and effect of the Act. It also makes the woman unwillingly into a 71 Although the Author has not completed a comprehensive study of the language used in such cases-and comparisons are difficult to make in any case-it appears that the degree of gruesome detail in Supreme Court cases dealing with capital punishment, for example, rarely if ever equals or exceeds that found in Gonzales. Keywords: abortion; body; carhart; court; description; fetus; gonzales; language; law; note; procedure; stenberg; supra; u.s; woman
• Anonymously Provided Sperm and the Constitution by Byrn, Mary Patricia; Ireland, Rebecca (2012) - [hereinafter Cahn, Necessary Subjects] (advocating for a mandatory registry that would collect sperm provider information, including provider identity); Angela Cameron & Vanessa Gruben, De-Anonymising Sperm Donors in Canada, 26 CAN. For instance, the sperm bank offering the world's largest selection of sperm providers presents a nine-page catalog, advertising 274 sperm providers that represent the highest caliber of sperm donations possible. Keywords: art; ban; children; court; government; identity; information; interest; law; note; parents; provider; right; sperm; sperm provider; supra
• Rhetoric of Justice Ruth Bader Ginsburg: Brief Comparison of the Language of the Advocate with the Language of the Justice by Peratis, Kathleen (2013) - BRIEF COMPARISON OF THE LANGUAGE OF THE ADVOCATE WITH THE LANGUAGE OF THE JUSTICE KATHLEEN PERATIS* I worked with and for Justice Ruth Bader Ginsburg in the 1970s at the ACLU. 11 Interview with Justice Ruth Bader Ginsburg, Assoc. Keywords: brief; court; ginsburg; justice
• Symposium Honoring Justice Ruth Bader Ginsburg by L'Heureux-Dubé, Claire (2013) - 4 See Canadian Charter of Rights and Freedoms, Part I of the ConstitutionalAct, 1982, being Schedule B to the Canada Act, 1982, c. II § § 3-15 (U.K.) 5 On the history of women's participation in constitutional negotiations during that period, see ALEXANDRA DOBROWOLSKY, THE POLITICS OF PRAGMATISM: WOMEN, REPRESENTATION, AND CONSTITUTIONALISM IN CANADA (2000); M. Eberts, Sex-basedDiscrimination and the Charter in EQUALITY RIGHTS AND THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS 18 (Anne F. Bayefsky & Mary A. Eberts eds. 1985); SHERENE RAZACK, CANADIAN FEMINISM AND THE LAW (1991). 6 163 U.S. 537 (1896). 102 Ginsburg COLUMBIA JOURNAL OF GENDER AND LAw the Charter, adopting Lord Sankey's metaphor in the Person's Case' of a constitution as a living tree,' which the Court reiterated as recently as December 22, 2011.9 I am aware that this metaphor does not make for unanimity among justices of the United States Supreme Court. The Canadian Supreme Court unanimously concluded that the law was discriminating against the Canadian woman, while a divided United States Supreme Court rejected the discrimination claim. Keywords: canada; court; equality; ginsburg; justice; law; supreme
• The Role of Congress in Advancing Civil Rights: Lessons from Two Movements by Sawyer, Heather (2015) - The Respect for Marriage Act strikes both sections.7 It also includes a choice-of-law rule that requires recognition of marriages for purposes of federal law based on the place of celebration. Section 3 defines marriage for purpose of federal law as between one man and one woman as 4 Assemb. Keywords: act; congress; court; doma; federal; house; law; marriage; members; rights; support
• Tactics, Strategy, and Marriage Equality by Rosen, Hilary (2015) - And I've done a lot of work around messaging to young people. It is true that young people overwhelmingly support the freedom to marry. Keywords: court; law; marriage; media; people
• It’s All about Edie, Stupid: Lessons from Litigating United States v. Windsor by Kaplan, Roberta A. (2015) - My client Edie Windsor surely didn't. COLUMBIA JOURNAL OF GENDER AND LAW of Edie Windsor, I obviously had no idea what would happen. Keywords: court; doma; edie; facts; gay; law; states; supp; united; windsor
• The Laws of Others: Mandating “Rights Through Travel” Between Discrimination, Moral Hazard, and Irrationality by Ergas, Yasmin (2016) - Part of the strategy adopted by feminist groups centered on organizing abortion travel. The Court also evoked similar statements regarding “abortion travel” of the Human Rights Committee—which very recently issued sharp “Views” finding Ireland’s legislation in violation of the International Covenant on Civil and Political Rights. Keywords: abortion; court; european; ireland; life; right; states; travel
• Menstruation Discrimination and the Problem of Shadow Precedents by Widiss, Deborah A. (2021) - ”19 The Court cited House and Senate committee reports indicating that Congress believed the dissenting Justices had been correct in interpreting the prohibition on sex discrimination—as initially enacted—to proscribe pregnancy discrimination and that the PDA was intended to “reestablish” the proper interpretation of the law.20 Despite the clarity of the override, some courts have (mistakenly, I believe) continued to apply Gilbert as a shadow precedent in cases that address issues that are similar to pregnancy—in that they are unique to, or primarily experienced by, one sex— but arguably not directly addressed by the text of the PDA. The district court reviewed the history discussed above and concluded that, based on Congress’s repudiation of Gilbert, a “non-frivolous argument” can be made that it’s “unlawful for an employer to treat a uniquely feminine condition” less favorably than similar conditions affecting both sexes.30 Another recent district court case expressed support for this analysis.31 Although the courts’ suggestion that a plaintiff would need to identify a male employee who was treated differently is unwarranted,32 the recognition that menstruation discrimination could constitute sex discrimination is a promising development. Keywords: court; discrimination; law; menstruation; pregnancy; sex
• “Least Favored Nation”: Pregnancy Discrimination Disparate Impact Claims Post-Young by Lux, Emma (2022) - That the EEOC reached a similar conclusion, though—that the second clause provides additional substantive protection for pregnancy discrimination disparate impact plaintiffs—offers further support for this approach. In Part IV, this Article examines the only post-Young federal appellate decision regarding PDA disparate impact claims, Legg v. Ulster County,20 and concludes that the Justices in Young may have been overly optimistic about the potential for successful disparate impact challenges under Title VII as amended by the PDA. Keywords: clause; court; discrimination; disparate; gilbert; impact; pda; pregnancy; u.s; young

• Brief Against Homophobia at the Bar: To Law School Dean: Mid 1960s by ., Anonymous (2000) - In the first place, we have little evidence that Mr. Lawson is in fact neurotic; second, and in all seriousness, my own observations (amateur, to be sure) have convinced me that a significant percentage of law students compiling outstanding records in course and law review work are driven by abnormal internal conflicts that warrant the label neurosis; and third, and what perhaps should be decisive, the little evidence we do have on Mr. Lawson's ability to perform ethically and competently, the scholarly, the institutional, and the personal functions of law practice speaks only in his favor. The student is herein referred to by the fictitious name Mr. Lawson. Keywords: bar; committee; homosexual; homosexuality; law; lawson; note; practice; report; student; time
• The Failure of Abstinence-Only Education: Minors Have A Right to Honest Talk About Sex by Beh, Hazel Glenn; Diamond, Milton (2006) - SEICUS maintains a website that tracks the profile of sex education state-by-state. In general, throughout the country, abstinence education programs are not taught by professionally trained sex educators. Keywords: abstinence; abstinence education; activity; adolescents; american; children; comprehensive; education; failure; government; health; information; interests; law; marriage; minors; note; parents; pregnancy; programs; public; rights; sex education; sexual; sexuality; sexuality education; state; supra; supra note; u.s
• Commissioning the Truth by Orford, Anne (2006) - Columbia Journal of Gender and Law Much critical literature on the current international enthusiasm for the establishment of international criminal courts, war crimes tribunals, and truth commissions in fact does focus on the conditions of production of truth in an institutional context. Thus, in what is perhaps a perverse turn at the beginning of an Article about the concept of truth, I want to declare that my interest here will not be in whether the reports produced by institutions of transitional justice (war crimes trials, truth commissions) are true or false. Keywords: children; commissioning; commissions; history; home; institutions; justice; law; nation; note; past; people; report; rights; state; supra; supra note; truth; truth commissions

• The Politics of Same-Sex Marriage Politics by Franke, Katherine M. (2006) - I actually do not think that gay marriage won the election for George Bush, but what it did do was distract our attention away from other issues of much greater concern-Abu Ghraib, Guantanamo, and the war in Iraq, to name only a few. 6 Plaintiffs Douglas Robinson and Michael Elsasser, a male couple who have been together for seventeen years and have two sons, want the public recognition of their commitment ... that comes with legal marriage.,7 Keywords: children; community; couples; gay; law; marriage; politics; recognition; rights; sex; sex marriage; state

• Menstrual Regulation as a Means of Reproductive Control: The Law's Response to Disabled Bodies and Menstruation by Ni Fhlatharta, Maria (2021) - In many respects, this is no different from other medical decisions, except that it would impact more than 10 The Local Auth. v HP & Ors Legal capacity is a concept that refers to both an individual’s legal personhood and to their legal agency, or power to act. Keywords: capacity; decisions; rights
• Remarks from the 2022 Symposium: The Equal Rights Amendment: A New Guarantee of Sex Equality in the U.S. Constitution by James, Letitia (2022) - She said: “Existing laws are not adequate to secure equal rights for women. We have seen the pendulum swing in the direction of rights for women, and women taking on roles and careers in ways that were unimaginable to our grandmothers. Keywords: era; rights

• Remarks from the 2022 Symposium: The Equal Rights Amendment: A New Guarantee of Sex Equality in the U.S. Constitution by Franke, Katherine (2022) - ”2 Ginsburg’s aim in U.S. v. Virginia was to require courts to synthetically interpret a constitutional right to sex equality in a way that wove together the Fourteenth Amendment’s Equal Protection Clause with the Nineteenth Amendment’s recognition of women’s more robust citizenship rights. Notwithstanding the ambitious promise of a substantive approach to sex equality embraced by U.S. v. Virginia, the Supreme Court has remained steadfast in freezing the Equal Protection Clause in a nineteenth-century conception of equality and citizenship. Keywords: equality; sex; u.s; virginia

• Day 2 Lunchtime Speaker: Spotlight on Justice Initiatives: Judge Edwina Mendelson by Edwina Mendelson (2023) - Regrettably, at the same time internally within the courts, we had our own, and continue to have, some significant issues with our court employees, such as court family displaying on social media deeply racist and misogynistic depictions, and sharing it with each other. Family justice is front and center and if it's not present, I bring it, which is what I did with this particular job that I've been privileged to have for the last five years. Keywords: courts; family; judge; justice; time
• The Challenge of New Families by Ryrstedt, Eva (2010) - Columbia Journal of Gender an Law world to include same-sex couples in regulation regarding family law. A mother is a mother is a mother-is that what the regulation on child benefit says? Keywords: benefits; child; families; family; law; parents

• Freedom to Marry’s Ladder of Clarity: Lessons from a Winning Campaign (That Is Not Yet Won) by Wolfson, Evan (2015) - One of the happy consequences of the relative success and momentum we're seeing in this Freedom to Marry campaign has been that I increasingly am now asked to come and speak to other movements and stakeholders and funders and operatives about how have we * As I talk with other movements, there's no one-size-fits-all of how to do it. Keywords: campaign; freedom; marriage; people; strategy

• The More Things Change…: Exploring Solutions to Persisting Discrimination in Legal Academia by Hart, Melissa (2019) - ExPlORiNG SOluTiONS TO PERSiSTiNG DiSCRiMiNATiON iN lEGAl ACADEMiA MEliSSA HART* In May 2014, a conversation about gender discrimination among law school faculties exploded on the email listserv for the American Association of Law Schools (“AALS”) Section of Women in Legal Education. Changes in the legal market and in legal education are pushing law schools to reexamine many of their calcified assumptions. Keywords: discrimination; faculty; infra; law; schools; tenure
• A Bisexual Perspective on Law School Hiring by Tweedy, Ann E. (2015) - In this short Article, I focus on discrimination in law school hiring based on bisexuality. bar aSS’n, http://www.americanbar. org/groups/legal_education/resources/aba_approved_law_schools.html [http://perma.cc/96YQ-YEK5] (last visited July 29, 2015) (listing accredited law schools and the date of each school’s accreditation). Keywords: bisexual; committee; discrimination; law; lgbt; schools
• Compared to What? Menstruation, Pregnancy, and the Complexities of Comparison by Waldman, Emily Gold (2021) - For example, other products might be similar to menstrual products because they have a similar function (e.g., other blood-absorbent products), play a similar role (e.g., other “necessary” personal care products like anti-perspirant), or are used in connection with similar areas of the body (e.g., condoms or hemorrhoid remedies). When a state is providing tax exemptions to a sizable number of other products, though, the case becomes stronger—and Young provides a road map. Keywords: discrimination; pregnancy; products; tampon; tax; young

• Introduction by Franke, Katherine (2010) - Even when we disagree, which is inevitable in work of such ambition, she makes us better for the way her work rigorously challenges us to carefully articulate and defend where and why we part ways. Professor Nussbaum is a scholar of rare and distinguished talents that cover a broad range of scholarly disciplines, methodologies and social contexts, and we take great pleasure in honoring that work in this special issue of the Columbia Journal of Gender and Law. Keywords: law; work
• Black Alice by Cadava, Eduardo (2014) - What your wonderful, wildly literary, and inventive stories about silence, water, and animals have enabled us to imagine, dear Pat, is a world that is both open and closed not only to many laws but also to what cannot be assimilated to any familiar concept of law, to another law, and to something other than law. There is still speaking: the question who said I broke my silence? already implies the possibility 44 27.1 COLUMBIA JOURNAL OF GENDER AND LAW of speaking, of breaking a silence, if only because the question arises and is articulated in relation to a statement, to an earlier act of speaking. Keywords: law; silence; speaking; water; work; world; writing
• How to Eat the Elephant in the Legal Academy by Rozelle, Susan D. (2015) - Women, minorities, and those who teach legal skills. 1 PreSumed inComPeTenT: The inTerSeCTionS oF raCe and ClaSS For women in aCademia (Gabriella Gutiérrez y Muhs, Yolanda Flores-Niemann, Carmen G. González & Angela P. Harris eds., 2012). Keywords: academy; elephant; work

• Disposable Menstrual Products as Law's Objects by Goldblatt, Beth; Steele, Linda (2021) - ”19 Others have highlighted the positive shift from disposable menstrual products towards reusable and sustainable products, as well as advances in disposable menstrual product safety.20 Still others highlight the importance of period products to enabling menstruators––especially those from marginalized backgrounds––to access education and the economy, broader physical safety, and 15 Id. 16 Id. at 373. There have been legislative reforms to provide access to free menstrual items, litigation and legislative reforms to remove taxes on menstrual products, legislative reforms on product safety and environmental sustainability of menstrual items, and water and sanitation hygiene (‘WASH’) policies and guidelines in the context of international development interventions that focus on access to menstrual items.3 Keywords: human; law; menstruation; menstruators; objects; period; products

• Proliferation by Silbaugh, Katharine B. (2003) - Given what is thought to be the bias of mainstream journals towards our work, some undoubtedly ask what quality work could be left for feminist law journals to publish after the mainstream journals lower their standards to pick up feminist works. What if we grant that the mainstream journals do publish feminist work-what would we want to hypothesize about the great volume of work in feminist law journals? Keywords: feminist; journals; mainstream
• Why a Duck? Are Feminist Legal Journals an Endangered Species, and If So, Are They Worth Saving? by Kornhauser, Marjorie E. (2003) - Consequently, even when feminist legal scholarship does achieve parity with other forms of legal scholarship (a goal that I hope will be accomplished in the not-so-distant future), feminist law journals will not practitioners, and non-lawyers. Let us start with the second question first and assume for the moment that feminist law journals have been successful. Keywords: articles; economics; feminist; general; journals; law; scholarship

• A New Rationale for the Doctrine of Provocation: Applications to Cases of Killing an Unfaithful Spouse by Rosenberg, Roni (2019) - It held that it is necessary to prove both objective provocation, that is, a reasonable man was likely to have used lethal force in such a situation, and subjective provocation, that is, this specific defendant acted under the influence of extreme emotion caused by the provocation.102 The court in Shane rejected the categorical stance that words could never be the basis for a claim of provocation, but did find that usually words alone would not suffice.103 There the woman had not come to Shane and admitted the infidelity, thus sparking his rage. Columbia Journal of Gender and law220 37.2 A NEW RATIONALE FOR THE DOCTRINE OF PROVO- CATION: APPLICATIONS TO CASES OF KILLING AN UNFAITHFUL SPOUSE RONI ROSENBERG* INTRODUCTION The doctrine of provocation as a mitigating factor in criminal culpability has been the subject of considerable study in various countries.1 Under this doctrine, criminal liability for intentional killing is reduced from murder to manslaughter where the act was a reaction to provocation.2 This raises a series of essential jurisprudential and ethical questions: Is it truly appropriate to reduce the criminal liability of one who killed intentionally simply because the killing was a result of provocation? Keywords: act; control; defendant; defense; killing; law; liability; loss; man; murder; person; provocation; provocation defense; self; supra note

• Law's Ability to Further the "Menstrual Movement" by Cotropia, Christopher A. (2021) - Eliminating the “Tampon Tax” One call for legal change is the elimination of the sales tax imposed on MHPs. Significant Expressive Benefits of These Legal Changes Even if the direct effects are somewhat muted, the force of law is not the only mechanism by which legal change becomes social change. Keywords: access; changes; law; mhps; movement; period; school; tampon; tax

• Patricia Williams and The Nation by Giddings, Paula J. (2014) - 4 Patricia J. Williams, Among Moses'Bridge-Builders, in BURNING ALL ILLUSIONS: WRITINGS FROM THE NATION ON RACE, supra note 3, at 174 [hereinafter Williams, Bridge-Builders]. -Katrina vanden Heuvel, Editor and Publisher of The Nation.2 Patricia J. Williams has been widely admired in legal and academic circles for her role as a critical race theorist; less examined, and what I would like to talk about today, is her work as a journalist and commentator. Keywords: law; nation; race; williams

• Making the Equal Rights Amendment That Is Needed in the Twenty-First Century by Suk, Julie (2022) - Instead of withdrawing what was said in the Trump Administration's OLC memorandum on ERA ratification in 2020, the current OLC stated that the prior memo recognizing the validity of Congress’s seven-year deadline on ERA ratification does not preclude Congress from taking action to change or remove the deadline altogether.9 So, Congress's removal of the deadline, whether you think it is legally necessary to make the ERA law or not, is politically necessary. The lack of availability of childcare and its implications for women's integration into the workforce was raised in the early 1970s by ERA proponents, and the childcare issue persists half a century later. Keywords: amendment; congress; era; law; ratification

• Menstrual Justice in Immigration Detention by Gomez, Valeria; Karin, Marcy L. (2021) - Menstruating detainees are forced to rely on the immigration system to provide adequate access to menstrual products, and on detention facilities to engage in safe menstrual management and corresponding dignity. Despite these standards, as Maria’s story shows, detainees do not have quality menstrual products access—or enough products—as needed. Keywords: access; detainees; detention; facilities; ice; immigration; law; menstruation; products; standards

• Sexuality and the Law: Introduction to the Issue by Lang, Lucy Jane (2006) - From the outcry that followed President Bush's call for a constitutional amendment protecting heterosexual marriage in 2004 to the record-breaking release last month of Brokeback Mountain, the first gay romance film to receive wide release, this year has been marked by persistent reminders about the need to explore the issues surrounding sexuality. While, like all law schools, we could use a few more courses in these areas, the ongoing support of this law school fosters critical inquiry into these concerns and produces lawyers with the tools to engage important questions on both a social and a legal level. Keywords: sexuality

• Closing Remarks by Lopez, Elise (2018) - These are amazing women who I fully expect to see as panelists here in a couple of years. We hope to see you next year. Keywords: color; conference

• Thoughts from a Former Editor-in-Chief by LaVelle, Laura (2000) - On the interview trail, I met one of JGL's founding members and I told her that the 1996- 1997 JGL board decided to replace the cover illustration with a more traditional table of contents cover. I remember thinking then that I wished JGL had more of an institutional memory. Keywords: jgl

Epilogue

For more detail, about this study carrel, see the computed home page. For more detail about study carrels in general, see the read me file.

Created: 2025-12-25