632,661 Works

Subtly Sexist Language

Pat K. Chew & Lauren K. Kelley-Chew
Language can be a potent vehicle for subtle sexism.3 As lawyers, we understand the power of words. What we say and how we say it can perpetuate gender stereotypes and status differences between women and men. In contrast, language also can be used as a constructive tool for reinforcing equality. Sometimes, sexist language is blatant and universally shunned. Other times, it is more subtle and even socially acceptable. For instance, social science research has considered...

audio part 47

A Historical Guide to the Future of Marriage for Same-Sex Couples

Suzanne B. Goldberg
History and tradition have emerged, together, as contemporary flagship arguments for limiting marriage to different-sex couples. According to advocates of “traditional marriage,” same-sex couples can be excluded from marriage today because marriage always has been reserved to male-female couples. Further, some contend, the restriction of marriage to different-sex couples has long been understood as necessary to provide channels to control naturally procreative (i.e., male-female) relationships. However popular these claims might be in op-ed pieces and...

Diversity, Discourse, and the Mission of the Feminist Law Journal

Twila L. Perry
Why a feminist law journal? In recent years, there has been a proliferation of law school journals. At present many schools have, in addition to the traditional “law review,” journals which focus on race, environmental law, gay and lesbian issues, or international law. In such a context, there seems little need to feel that one has to offer a specific justification for a feminist law journal. In some ways, all law school journals serve similar...

Moving the Margins

Jenny Rivera
Thank you to the symposium organizers for inviting me to speak. The symposium theme, an exploration o f the justification and need for a feminist law journal, and the panel I participated in focusing on the concept of marginalization, strike me as familiar and somewhat heavily-explored areas of discourse. Surely when the founders of the Columbia Journal of Gender and Law (“JGL”) proposed this scholarly endeavor, there were those who questioned the need for such...

A Conversation with Justice Ruth Bader Ginsburg

Ruth Bader Ginsburg, Gillian Metzger & Abbe Gluck
Professor Gillian Metzger: Katherine, thank you for that wonderful overview of all that the Justice has achieved and the history of Columbia Law School. And I want to apologize for those to whom I am showing my back, but this will allow us to have more of a conversation with the Justice. Justice, thank you so much for being with us today. It is a real privilege for us to get to talk to you...

Harboring Concerns: The Problematic Conceptual Reorientation of Juvenile Prostitution Adjudication in New York

Shelby Schwartz
In 2003, New York City police arrested Nicolette R., a twelve-year-old girl, for offering oral sex to an undercover officer for forty dollars. Nicolette had already been arrested for prostitution in a different city, but that time her pimp paid her fine and she returned to the streets. This time was different. Prosecutors sought to sentence Nicolette to secure detention, pointing to her lack of remorse and tendency to carry weapons; her defense attorneys argued...

Women and Children First… Why Not Build Enough Lifeboats?

Gary J. Maxwell
For nearly a year, a multi-disciplinary team of professionals designed and sponsored a conference intended to develop a stronger and more effective working relationship between women’s rights advocates in the domestic violence context and child protective advocates. Conference presenters included Victor La Cerva, M.D., Medical Director for the New Mexico Department of Health’s Family Health Bureau, and Linda Spears, Director of Child Protective Services for the Child Welfare League of America. I was asked to...

Necessary Third Parties: Multidisciplinary Collaboration and Inadequate Professional Privileges in Domestic Violence Practice

Jeffrey R. Baker
The rise of multidisciplinary practices among public- interest lawyers and other professionals promotes more effective and thorough services for vulnerable clients. Attorneys, counselors, social workers and others are recognizing that clients may present issues that transcend the scope and purpose of a single profession. In various forms, these professionals create formal or ad hoc partnerships as they minster to whole clients, not just to a client’s peculiar, momentary problem. For victims of domestic violence, these...

Decisional Dignity: Teenage Abortion, Bypass Hearings, and the Misuse of Law

Carol Sanger
How might we think about reforming abortion regulation in a world in which the basic legality of abortion may, as a matter of constitutional law, at last be relatively secure? I have in mind the era just upon us in which the overturn of Roe v. Wade1 no longer looms so threateningly over the reproductive rights community in the United States and is no longer necessarily its central concern. There is now a general and...

The Equal Rights Amendment: Then and Now

Martha F. Davis
Far from a dead letter, the Equal Rights Amendment (ERA) is currently pending in both houses of Congress. When Senator Edward Kennedy (D-MA) reintroduced the ERA in the Senate on March 27, 2007, he particularly stressed the economic disparities faced by women and the importance of a national effort to address them. Likewise, the principal co- sponsor in the House of Representatives, Representative Carolyn Maloney (D-NY)–a proud relation, through marriage, of feminist Alice Paul who...

Report on Marriage Rights for Same-Sex Couples in New York

The Association Of The Bar Of The City Of New York
There is currently a national debate over the right of lesbian and gay couples to enter into state-sanctioned marriage. Much of this debate stems from Vermont’s recent legislation permitting same-sex civil unions. Lawsuits in Hawaii and Alaska attacking the constitutionality of prohibitions on same-sex marriage have also fueled the debate. In addition, many states are currently considering, and some have adopted, legislation attempting to prevent recognition of same-sex marriages performed in sister states. Most notably,...

Gender, Sexuality, and Power: Is Feminist Theory

Brenda Cossman, Dan Danielsen, Janet Halley & Tracey Higgins
What are the boundaries of feminism? What is the relationship between feminism and non-feminism? In the following dialogue, four a uthors critically examine how to describe feminism and what it can and cannot do, particularly with regard to sexuality. The authors use the Texas Supreme Court case Twyman v. Twyman,’ involving divorce, sadomasochistic sex, and a claim of emotional distress, as a focal point to explore how feminism deals with gender, sexuality, and power, and...

Women on the Bench

Anita Blumstein Brody, Ruth Bader Ginsburg, Priscilla Hall, Lindsey Miller-Lerman, Felice K. Shea & Rena Katz Uviller
Good afternoon. My name is Felice Shea, and it is my great pleasure to welcome all of you to the panel entitled Women on the Bench. You will be hearing from a group of very distinguished judges who are sitting on either side of me—all graduates of this great law school. Columbia Law School has always honored its judges, both men and women. But looking back, there was a long stretch of time when Columbia...

The Crisis of Child Custody: A History of the Birth of Family Law in England

Danaya C. Wright
In 1856 the House of Lords engaged in extensive debates over the introduction of a bill that would reform the law of divorce in England. Numerous critics of the law complained that the cost and complexities of jurisdiction foreclosed the remedy to the poor, while many women complained that the dual standards for obtaining a divorce were unfair to women. To get a divorce, a husband (and it was only husbands) had to bring a...

Forced Marriage and the Exoticization of Gendered Harms in United States Asylum Law

Jenni Millbank & Catherine Dauvergne
Refugee law scholars and advocates have devoted a great deal of attention to gender-related persecution since the 1980s. The Office of the United Nations High Commissioner for Refugees (UNHCR) first contended that gender was a valid basis for refugee claims in 1985 and released its original guidelines for the protection of women as refugees in 1991. Critical scholarship has focussed on refugee law’s bias towards recognition of masculinised experiences and on how its categorizations confine...

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...

Unsex CEDAW, or What’s Wrong with Women’s Rights

Darren Rosenblum
Before I go on, I want to tell a story. During high school, I had an English teacher who often wore a pendant from the National Organization of Women. I asked her about it and we began a conversation that continued for years as she fed my voracious mind with Gloria Steinem, Alice Walker and other feminist literature. One day, on my way home from a meeting of Gay and Lesbian Youth of New York,...

Legislative Reform and the Struggle to Eradicate Violence against Women in the Dominican Republic

Mercedes Perez
In 1997, the National Congress of the Dominican Republic approved Law 24-97 Against Domestic Violence in a bid to alter the state’s response to violence against women. Law 24-97 introduced important changes to the country’s Criminal Code, criminalizing violent and discriminatory conduct in an effort to guarantee women equal protection and equal benefit of the law. The need for state action was urgent. A letter submitted to the Senate in 1996 in support of the...

Breeder at Law

Karla Momberger
I realized soon into this project that the most difficult part might be identifying what, exactly, this paper is about. It’s not that easy to do, especially when everything seems so connected. But you should be aware that I am writing from an extremely confident perspective; today I got a fortune in a cookie that says: Everyone agrees you are the best. Well, if everyone agrees, it must be true-isn’t my existence a series of...

Reports from the International Women’s Rights Action Watch (IWRAW) 1990 Conference

Of Gender
The following are abstracts of selected papers presented at the Fifth Annual International Women’s Rights Action Watch (IWRAW) Conference, in New York on January 20-22,1990. 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”). It strives to broaden the global network of individuals and organizations monitoring compliance with the Convention and to ensure the integrity of...

Going Public Secretly

Patrick J. Gallagher
In an effort to reverse the declining number of IPOs seen over the past two decades, newly-appointed SEC Chairman Jay Clayton announced in mid-2017 that any company seeking to go public could now initially file its registration statement confidentially rather than publicly. This announcement effectively extended a policy that had originally only applied to emerging growth companies—firms with less than $1.07 billion in revenue during their last fiscal year—to larger companies. Because there are advantages...

Will Swing Pricing Save Sedentary Shareholders?

Anne M. Tucker & Holly Van Den Toom
This Article explains and explores new Securities Exchange Commission rules authorizing optional swing pricing for mutual funds. Swing pricing is an anti-dilution tool intended to protect sedentary investors who enter, and stay, in a fund. Workers setting aside money for retirement are often sedentary investors. Mutual funds are the mainstay vehicle for retirement investors, yet as sedentary shareholders they can experience significant asset dilution over their savings lifetime. Swing pricing—a mutual fund pricing mechanism that...

A Comparison of American and Jewish Legal Views on Rape

Beth C. Miller
Historically, American law has regarded the cry of rape with a high degree of suspicion. These misgivings on the part of jurists have led to unfair treatment of rape victims. Recently, feminist critics have been instrumental in highlighting problems with the way that rape law treats female victims. Examples of these problems include the evidentiary requirement of more than subjective non-consent, the extreme skepticism of rape victims’ testimony, the refusal to recognize marital rape, and...

Dismantling the Trap: Untangling the Chain of Events in Excessive Force Claims

Cara McClellan
In the wake of repeated police shootings of unarmed Black men and women, police departments across the country are focusing on de-escalation. Yet federal courts reviewing Fourth Amendment excessive force violations are often unwilling to take into account how an officer’s pre-seizure conduct may have affected the need to use force during a civilian encounter. I argue that as part of the Graham v. Connor reasonableness analysis, courts reviewing excessive force claims should consider prior...

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