Columbia journal of gender and law最新文献

{"title":"\"Like a Withered Tree, Stripped of Its Foliage\": What the Roe Court Missed and Why It Matters","authors":"J. S. Ehrlich","doi":"10.7916/D8FV0355","DOIUrl":"https://doi.org/10.7916/D8FV0355","url":null,"abstract":"* Professor, Women’s, Gender, and Sexuality Studies Department, University of Massachusetts Boston. The Article is part of a longer collaborative project with Alesha Doan, Associate Professor, School of Public Affairs & Administration and Women, Gender & Sexuality Studies, University of Kansas. I wish to thank both Professor Doan and Professor Paula Abrams for their thoughtful review of this Article. Many thanks also to Linda Greenberg for generously taking the time to speak with me regarding the Roe Court’s review of the historical record. This Article has greatly benefited from their combined insights and wisdom. Of course, any errors are mine alone.","PeriodicalId":84468,"journal":{"name":"Columbia journal of gender and law","volume":"35 1","pages":"175-227"},"PeriodicalIF":0.0,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71365765","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Women and Whistleblowing: Exploring Gender Effects in Policy Design","authors":"Claire Tilton","doi":"10.7916/D8PC4JHW","DOIUrl":"https://doi.org/10.7916/D8PC4JHW","url":null,"abstract":"Laws that incentivize employees to blow the whistle when they perceive a financial risk and protect them from retaliation have sharply increased in popularity and have even become commonplace at the state level for fraud related to government money. DoddFrank codified a similar kind of protection for whistleblowers who report private-sector fraud. This Note suggests that states, especially New York, have an opportunity to propose new financial fraud whistleblower legislation in response to the Trump administration’s efforts to reduce the federal government’s active regulatory role in the financial sector. However, the prevalence and potential of such legislation should inspire a closer look at how legal mechanisms target and encourage participation across the employee population. Any program that seeks to encourage participation within an existing context, such as the financial services workplace, risks entrenching bias and inequality if it fails to consider the differential effects of its design across different demographics. This Note therefore addresses whistleblower laws’ implications for women employees’ participation in whistleblowing when they observe financial services sectorbased misconduct. It reviews existing research regarding women’s participation1 in © 2018 Tilton. This is an open access article distributed under the terms of the Creative Commons Attribution License, which permits the user to copy, distribute, and transmit the work provided that the original author(s) and source are credited. * J.D. Candidate 2018, Columbia Law School; M.A. 2013, Georgetown University; B.A. 2012, Georgetown University. I’d like to thank Professor Elizabeth Emens for her guidance in developing this Note, and the staff of the Columbia Journal of Gender and Law for their thoughtful work preparing it for publication. 1 This Note addresses gender only in terms of a binary distinction between men and women. This conception of gender is unfortunately but necessarily narrow because it reflects the state of the existing research on gender effects of whistleblowing mechanisms. See, e.g., Yuval Feldman & Orly Lobel, The Incentives Matrix: The Comparative Effectiveness of Rewards, Liabilities, Duties, and Protections for Reporting Illegality, 88 Tex. L. Rev. 1151 (2010) [hereinafter Feldman & Lobel, Incentives Matrix] (comparing the responses of men as opposed to women in a survey that studied various legal mechanisms, without greater nuance regarding gender identity); Michael T. Rehg et al., Antecedents and Outcomes of Retaliation Against Whistleblowers: Gender Differences and Power Relationships, 19 ORg. Sci. 221, 235 (2008) (studying the frequency of whistleblowing Columbia Journal of Gender and law 339 35.2 whistleblowing and considers how that evidence should shape choices of policymakers who seek to encourage employee reporting while still fostering workplace environments and regulatory structures that value and benefit from women’s voices.","PeriodicalId":84468,"journal":{"name":"Columbia journal of gender and law","volume":"23 1","pages":"338-368"},"PeriodicalIF":0.0,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71367224","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"About Abortion: Reflection & Response","authors":"David E. Pozen, C. Sanger","doi":"10.7916/D8PV6XXD","DOIUrl":"https://doi.org/10.7916/D8PV6XXD","url":null,"abstract":"","PeriodicalId":84468,"journal":{"name":"Columbia journal of gender and law","volume":"35 1","pages":"160-173"},"PeriodicalIF":0.0,"publicationDate":"2017-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48617122","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Realizing the Right to Reparations for Girl Soldiers: A Child-Sensitive and Gendered Approach","authors":"A. Bewicke","doi":"10.7916/CJGL.V26I2.2688","DOIUrl":"https://doi.org/10.7916/CJGL.V26I2.2688","url":null,"abstract":"D. Allocation and Form A fourth major challenge in providing reparations is to decide on allocation and form. As mentioned in the historical overview in Part I, reparations can take many forms: anything from money, scholarships, and monuments, to the ordering of investigations and declaratory judgments. (159) In a victim-centric approach, victims would be consulted as to the form of reparations in addition to the method of allocation. The results of case studies and research can, nevertheless, help inform victims of the advantages and disadvantages of any given option. In addition, victims' desires must also be weighed against the interest of other victims or victim groups (including victims of \"victims,\" as addressed above). Where monetary resources are few, creative attempts to achieve justice should also be considered. It may be that a day of remembrance or renaming a street can both provide victims with a sense of restored dignity and require minimal resources. Victims' desires should not, however, be assumed. In Argentina, one organization representing victims rejected the idea of reparations for the loss of family members, declaring in particular that economic reparations were a form of \"prostitution.\" (160) Similarly, land restitution may only be a good option where victims are able or willing to resettle. In Bosnia and Herzegovina, the Commission for Real Property Claims of Displaced Persons and Refugees was established in 1995 as a partial response to the regional conflict. (161) Politicians invested in the success of the Dayton Peace Agreement decided upon property restitution in lieu of compensation in order to help \"undo the ethnic cleansing and recreate a multi-ethnic society.\" (162) Victims' voices were largely silent in these discussions, however, and in practice there was a strong bias against those who did not return. Local authorities are reported to have denied restitution \"to those they deemed as having no intention to return.\" (163) As these examples illustrate, victim consultation is important to rendering effective the right to reparation. In the girl soldier context there are a host of specific dilemmas involved in deciding upon the form and allocation of reparations for these victims. As illustrated, cash payouts can be confusing for former combatants, if interpreted as a reward for harming others. If the former combatants are still minors, parental guardians may legally maintain control of their assets and there is no guarantee that these will be used for the child's benefit. (164) Payments can also negatively impact family reintegration if child soldiers resist turning over the money to parents, in violation of cultural expectations. (165) Laws in some countries may also prevent adult women from controlling their assets. (166) Even worse, payments for demobilization can incentivize children, sometimes under family pressure, to join armed groups in the first place. (167) While rehabilitation programs are essential, (168)","PeriodicalId":84468,"journal":{"name":"Columbia journal of gender and law","volume":"26 1","pages":"207"},"PeriodicalIF":0.0,"publicationDate":"2017-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44382726","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Care and Community Empowerment: Coalition-Building Between Home Care Workers and Disability Rights Activists","authors":"Andrea Kozak-Oxnard","doi":"10.7916/D8BK1QX5","DOIUrl":"https://doi.org/10.7916/D8BK1QX5","url":null,"abstract":"Abstract This Note looks closely at the issues facing home care workers and the persons with disabilities and older persons who consume that care. It argues that without seriously taking into account the unique intersectional needs of both care providers--predominately low-income women of color--and care consumers--generally persons who have disabilities, are elderly, or both--advocates will fail to create empowering care partnerships. The Note discusses the ways in which a purely feminist or disability rights lens fails to take into account the complex dynamics of the home care relationship, and suggests that scholars who have integrated the needs of care workers and care consumers have provided what should be considered foundational theories for home care empowerment activism. It implores advocates to continue to look to theorists that holistically incorporate feminist scholarship and disability rights scholarship in order to best understand the complex, multidimensional issues facing participants to relationships of care. The Note also examines advocates and organizations already doing this kind of integrated work and argues that they should be promoted and emulated, to the extent that their efforts have been successful. Finally, the Note lays out several possible policy solutions that would serve the needs of home care workers and care consumers, empowering and elevating all care participants, and contends that these should be prioritized in advocacy efforts going forward. INTRODUCTION \"My [personal assistant] is my right-hand, she s my angel.\"-Joann Vitiello, care consumer (1) \"Workers like me face tough decisions all the time--should we pay the tuition bill or fix the oven that broke right before Thanksgiving? Can we put gas in the car to take our consumers to medical appointments or do we need to save that money for groceries? \" --Alantris Muhammed, home care worker (2) \"You can't teach compassion. That's why we need a raise--so that people like me can afford to do the work we love. \"-Liliana Cordero, home care worker (3) A home care worker in Seattle, who juggles paid work as an aide to an elderly woman with dementia with unpaid work for her own son with autism, finds that her paychecks barely cover her basic household expenses. (4) An in-home aide to a child with multiple disabilities in St. Paul, Minnesota recalls how she was only able to take one week off from work after the birth of her own son, as she was unable to afford to miss any more hours. (5) A home care worker in Chicago, without any paid sick leave, must choose between exposing her elderly clients to her cold or flu, and missing out on crucial wages to support her children. (6) An in-home aide in Brainerd, Minnesota estimates that she has logged over two hundred hours of unpaid work since her employer began to cap her hours; she does not want her bedridden clients to go without crucial services in her absence, as they have no one else to whom they can turn for their care nee","PeriodicalId":84468,"journal":{"name":"Columbia journal of gender and law","volume":"35 1","pages":"70-116"},"PeriodicalIF":0.0,"publicationDate":"2017-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44875192","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Broad Strokes and Bright Lines: A Reconsideration of Shari’a Based Reservations","authors":"Tanya M. Monforte","doi":"10.2139/SSRN.3175485","DOIUrl":"https://doi.org/10.2139/SSRN.3175485","url":null,"abstract":"INTRODUCTION A. Opposition in International Law One of the most politically charged as well as legally technical problems occupying the field of international women's rights revolves around the reservations made to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). (1) An opposition among states became heated as several Muslim-majority states entered reservations to CEDAW invoking norms of Islamic Law, or Shari'a (sometimes referred to as either \"Islamic reservations\" or \"Shari'a based reservations\"). Several European states in turn lodged formal objections to these reservations. The row between European states and Muslim-majority states over the reservations has formed the basis for the technicalization of conflicting views on women's rights, in the depoliticizing sense of turning a political conflict into a seemingly technical legal one. Reservations in international law are unilateral statements made by states to exclude or modify the legal effect of a treaty on the reserving state. (2) Reservations to multilateral human rights treaties have been considered contentious because individual states enter reservations modifying treaty application not only between themselves and other state parties to the treaty, but also between themselves and individuals under the jurisdiction of the reserving state. This has been seen as effectively tailoring the meaning or application of human rights for individuals and groups within a state according to that state's will. CEDAW, an international treaty agreed upon among states, creates obligations for states to eliminate all formal discrimination against women, but also requires them to take steps to ensure that women are able to enjoy their basic human rights fully and on an equal footing with men. Due in part to the high number of states which entered reservations to CEDAW, reservations to this treaty have become particularly contentious. The mainstream human rights position on reservations, developed in the 1990s within legal debates about international human rights law in general, maintains that reservations entered by state parties to CEDAW are, generally speaking, a problem for women and should be dealt with as such, that is, as being in principle in contradiction with the Convention itself. State parties who entered reservations, however, based their position on the consensual nature of international treaty making, invoking their sovereign right to enter reservations to any treaty that does not formally prohibit such reservations. A dominant progressive position on women's rights thus emerged, which maintained that the Shari'a based reservations, especially those to Article 2 of CEDAW, (3) are incompatible with the object and purpose of the treaty and are thus, under international law, impermissible. (4) The debate over the Shari'a based reservations can be understood as a concrete example of what some have viewed as a necessary clash between international law and Isl","PeriodicalId":84468,"journal":{"name":"Columbia journal of gender and law","volume":"35 1","pages":"1-69"},"PeriodicalIF":0.0,"publicationDate":"2017-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.3175485","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43908640","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Deceptive Fermata of HIV-Criminalization Law: Rereading the Case of “Tiger Mandingo” Through the Juridico-Affective","authors":"Joseph F. Lawless","doi":"10.7916/D83207FC","DOIUrl":"https://doi.org/10.7916/D83207FC","url":null,"abstract":"Abstract In July 2015, Michael Johnson, a twenty-three-year-old Black queer college student in Missouri, was sentenced to slightly over thirty years in prison on one count of reckless transmission of Human Immunodeficiency Virus (HIV) to another person and on four counts of reckless attempted transmission of HIV. Johnson's conviction and exorbitant carceral sentence are not unique, however. State penal laws criminalizing the transmission of HIV have existed for well over twenty-five years and have remained nearly impervious to legal challenge throughout that time. This Article queries the continued vitality of HIV-criminalization laws and argues that their survival reflects their investment in appeals to the affective--the sensations of bodily impingement and intrusion that the terrifying spectacle of HIV is meant to conjure. 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 Reflecting on this disturbing genealogy, the discussion concludes with both legal and critical prescriptions to combat the persistence of HIV stigma. PRELUDE: THE CRIMINAL THEATER OF \"TIGER MANDINGO\" In early October 2013, a queer white male student of Lindenwood University, located in St. Charles, a suburb of St. Louis, Missouri, had his second sexual experience with fellow Lindenwood student Michael Johnson. (1) The two had first met through a cellphone application often used by queer men to facilitate sexual encounters; Johnson, a twenty-three-year-old Black transfer student and member of the university's wrestling team, employed the username \"Tiger Mandingo.\" (2) That evening, Johnson and his partner had condomless anal sex for the first time. (3) The choice to forego condom use during anal intercourse--a practice sometimes referred to as \"bareback sex\" among queer men--was allegedly made by Johnson's partner. (4) The student's interest in Johnson had been piqued because, in his words, Johnson was \"only [his] third [B]lack [sexual partner].\" had a \"huge\" penis, and had described himself as \"clean,\" an unfortunately common euphemism for Human Immunodeficiency Virus (HIV) seronegativity. (5) On October 10, 2013, several days after their encounter, Johnson informed his partner that he had tested positive for '\"a disease\"' and that he did not know whether a cure for it existed. (6) As he would come to understand, Johnson had tested positive for HIV. Later that same day, \"Johnson was pulled out of class and led away in handcuffs by [police] ... [and was] charged with [two counts] of \"recklessly infecting another with HIV' and four counts of 'attempting to recklessly infect another with HIV,'\" all felonies in the state of Missouri. (7) Johnson was immediately detained in a county jail, where he would spend the next eighteen months, primarily in solitary confinement, until his trial began on May 11, 2015. (8)","PeriodicalId":84468,"journal":{"name":"Columbia journal of gender and law","volume":"35 1","pages":"117-159"},"PeriodicalIF":0.0,"publicationDate":"2017-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41417644","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Introduction: Female Perspectives in Commercial and Consumer Law","authors":"J. Hawkins","doi":"10.7916/D8SX6RS5","DOIUrl":"https://doi.org/10.7916/D8SX6RS5","url":null,"abstract":"Over the past several decades, female perspectives on commercial and consumer law have played an increasingly important role in the legal literature on credit, debt, and commerce. On the one hand, now that women are permitted a place in legal academia, many more women have made contributions to these scholarly fields.1 But also, the literature has increasingly engaged feminist thought, highlighting the challenges women face interacting with credit.2 As one prominent example of the special risks that women experience, consider fringe consumer credit markets. The majority of people taking out","PeriodicalId":84468,"journal":{"name":"Columbia journal of gender and law","volume":"34 1","pages":"1-4"},"PeriodicalIF":0.0,"publicationDate":"2017-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44745573","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Postcolonial Erotic Disruptions: Legal Narratives of Culture, Sex, and Nation in India","authors":"R. Kapur","doi":"10.4324/9781315089645-3","DOIUrl":"https://doi.org/10.4324/9781315089645-3","url":null,"abstract":"","PeriodicalId":84468,"journal":{"name":"Columbia journal of gender and law","volume":"10 1","pages":"61-112"},"PeriodicalIF":0.0,"publicationDate":"2017-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44039126","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Who Secures Women’s Capabilities in Martha Nussbaum’s Quest for Social Justice","authors":"Amrita Basu","doi":"10.4324/9781315251240-10","DOIUrl":"https://doi.org/10.4324/9781315251240-10","url":null,"abstract":"Among the many issues that feminists have debated, three stand out for their urgency and significance: the relationship of theory to practice, universalism to particularism, and the transnational to the local and national. Feminism as theory continues to have a complicated and vexed relationship to women's activism. Even women who engage in struggles that observers might term feminist do not necessarily share feminist identities or participate in women's movements. Similarly, feminists continue to be troubled by universalism. Although certain forms of universalism are integral to most feminisms, Western feminist universalism has been presumptuous in condemning non-Western practices with scant understanding of the cultural and historical contexts which give them meaning. Feminist movements in the global South have sometimes been undermined by Western funded projects which have narrowed the agendas and constituencies of women's movements and by hegemonic Western feminists' appropriation of local discourses. As I elaborate below, I believe that debates about global feminisms have influenced Nussbaum's work and its reception. I begin by describing the key tenets of the human capabilities approach and show how it represents an advance over human rights. I then place capabilities in the context of women's movements transnationally. I assess the different ways in which national states and transnational organizations impede and support the recognition of capabilities. I argue that social movements have a critical role to play in determining and realizing capabilities. Capabilities represent a clear and deliberate advance over human rights in addressing relations between universalism and particularism, theory and practice, and transnationalism and nationalism. (1) Human rights advocates primarily focus on civil and political rights and have traditionally neglected rights within the private domain of the family. By contrast, Nussbaum rejects the view that civil, political, economic, and social rights should be attained sequentially and argues that capabilities are interdependent: the recognition of one of them requires the recognition of others. In Frontiers of Justice she states, [C]apabilities cover the terrain occupied by both the so-called first-generation rights (political and civil liberties) and the socalled second generation rights (economic and social rights). And they play a similar role, providing an account of extremely important fundamental entitlements that can be used as a basis both for constitutional thought within a nation and for thinking about universal justice. (2) Nussbaum identifies ten basic capabilities which, if realized, would enable people to achieve human dignity. They include literacy, liberty of conscience, political participation, freedom from physical violence, engaging in economic transactions, and developing the senses and practical reason. (3) She argues that justice demands that ali citizens should achieve the threshold","PeriodicalId":84468,"journal":{"name":"Columbia journal of gender and law","volume":"19 1","pages":"201"},"PeriodicalIF":0.0,"publicationDate":"2017-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41625340","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}