Gender and the Law Prof Blog

Editor: Tracy A. Thomas
University of Akron School of Law

Wednesday, December 4, 2019

The Racialized and Sexually Exploitive US Citizenship Transmission Laws

Blanche Cook, Johnny Appleseed: Citizenship Transmission Laws and a White Heteropatriarchal Property Right in Philandering, Sexual Exploitation, and Rape (the 'WHP') or Johnny and the WHP, 31 Yale J. Law & Feminism (2019) 

Title 8, United States Code, Section 1409—one of this country’s citizenship transmission laws—creates a white hetero-patriarchal property right in philandering, sexual exploitation, and rape (the “WHP”). Section 1409 governs the transmission of citizenship from United States citizens to their children, where the child is born abroad, outside of marriage, and one parent is a citizen and the other is not. Section 1409, however, draws a distinct gender distinction between women and men: An unwed female American citizen who births a child outside the United States, fathered by a foreign man, automatically transmits citizenship to her child. An unwed male American citizen, by contrast, who fathers a child abroad with a foreign woman has the distinctly male prerogative to either grant or deny citizenship to his foreign-born non-marital child at his leisure.

On the surface, it might appear that § 1409 treats men and women differently because it is easy to determine a child’s mother, as opposed to a child’s father, at birth. In fact, a majority of the Supreme Court has deployed these “natural” differences between men and women to shield § 1409 from three separate gender-based equal protection challenges. Justice Ginsburg, however, has keenly observed, “History reveals what lurks behind § 1409.” What lurks behind § 1409 is a long legacy of white hetero-patriarchy deploying the legal category of citizenship to perfect sovereignty in itself and vulnerability in “foreign” women for the very purpose of sexual domination.

The historical model for this racialized regime of sexual domination is the classic case of Dred Scott, where the denial of citizenship to anyone of African descent further facilitated a white hetero-patriarchal property right in philandering, sexual exploitation, and rape. In Dred Scott, the exclusion of anyone of African descent from person-hood, through the legal mechanism of citizenship, perfected power in white men and vulnerability in racialized others. By excluding anyone of African descent from citizenship, enslaved owners continued to enjoy an unbridled property right in the use and enjoyment of the enslaved. The denial of citizenship to the enslaved facilitated their use as property. Following suit, § 1409 makes citizenship the property of men, through which they can exclude their non-marital foreign-born children from membership in the American polity. Section 1409 vests in these fathers not just a right to exclude their children, but to discard them, leaving them profoundly vulnerable to the sting of “illegitimacy,” ethnic and racial animus, and financial precarity — a form of destruction, while simultaneously empowering these fathers to sexually possess, control, use, and enjoy foreign women. Section 1409 understands all too well: in order to sexually exploit the mother, one must control the status of the child.

December 4, 2019 in Gender, International, Legal History, Race | Permalink | Comments (0)

Thursday, October 31, 2019

CFP International Conference on Gender and the Status of Women

CFP & Conf.: Int’l Interdisc. Conf. on Gender & Status of Women – Edinburgh, Scotland

Women Being issues a call for papers for the upcoming 2nd International Interdisciplinary Conference on Gender and the Status of Women, on Mar. 8-11, 2020 in Edinburgh. The deadline for submissions is Dec. 15, 2019. 

This conference aims to be a platform for,

  • Discussion relating to the current status of women, with a special focus on the following categories that constitute potential challenges to gender equality and women’s rights: the UK’s decision to leave the EU, the refugee crisis, rising levels of (and political legitimisation of) sexual violence and misogyny, cuts in child-care and services for disabled people, lack of access to paid parental leave, tax and welfare reforms, the gender pay gap, sexual harassment and the rise of zero-contract hours.
  • International researchers and scientists from academia, industry and government to present their studies to a multi-disciplinary audience, exchange experiences, discuss proposals, and disseminate results on women’s and gender studies.
  • Raising awareness and encouraging dialogue on the proposed topics, with the aim of creating lasting productive partnerships between the participants.

All submitted papers will be published in the conference proceedings, edited under the Creative Commons Licence (Attribution-NoDerivatives 4.0 International/CC BY-ND 4.0), which will also contain a report and catalogue of activities. This book will be available on the WomenBeing webpage to download for free, and it will also be freely distributed to schools, institutions, research centres and individuals who request it.

WomenBeing builds upon this momentum by providing a ‘loudspeaker’ for academics, civil servants, researchers, social activists, journalists and private individuals to make their voices heard on the main challenges that women are currently facing.

Important dates :

Submission of abstracts: 15th December 2019

Acceptance notification: 20th December 2019

Submission of full papers: 10th February 2020

Early bird registration: 10th January 2020

October 31, 2019 in Call for Papers, Conferences, International | Permalink | Comments (0)

Tuesday, October 8, 2019

A Feminist Critique of Legal Interventions Against Sexual Violence

Sharon Cowan, Sense and Sensibilities: A Feminist Critique of Legal Interventions Against Sexual Violence" 
Edinburgh Law Review. 23. 22-51, January 2019

Feminists have spent decades trying to reform laws and evidential procedures relating to sexual assault. Using the current Scottish context as a case study, I will argue in this article that while efforts to reform the text of the substantive as well as evidential and procedural aspects of the law have been largely successful, in practice the impact of these reforms has not always been felt. Drawing on contemporary examples from Scotland, and setting these within the broader context of similar problems and arguments in other jurisdictions such as England and Wales, and Canada, I will examine the ways in which the ‘laws on the books’ have not always translated smoothly through to ‘law in action’. Ultimately, I argue that our all too frequent failures to punish sexual violence in a meaningful way suggests that we need to think again about how we deal with issues of sexual violence in contemporary society.

October 8, 2019 in International, Violence Against Women | Permalink | Comments (0)

Monday, September 30, 2019

Podcast: Law Professor Discusses Gender and US Asylum Law and the Difference Feminist Legal Thought Made

Signs, Ask a Feminist: Deborah Anker Discusses Gender and US Asylum Law

Aziza Ahmed: Hi, this is Aziza Ahmed. I’m a law professor at Northeastern University’s School of Law, and I’m so happy to be talking to Deborah Anker today as part of the Signs “Ask a Feminist” series.  Deborah, thank you so much for taking the time to be with us on this podcast today.

Deborah Anker: My pleasure.

AA: Your work has been so instrumental in helping advocates and lawyers acknowledge the complexity that gender brings to immigration and asylum law.

***

AA: I was curious to hear from you about when you felt like feminism really came to immigrants’ rights work. I’m sure in communities themselves it was there…

DA: I really thank the women’s movement for challenging the public-private distinction. That was key. And we learned that from the women’s movement—that so-called “private acts of violence” were of public concern and of human-rights concern, or were human rights violations. That was incredibly important.

AA: And became foundational to the types of gender-based asylum claims…

DA: It became very, very foundational for the cases that we brought. It was really the women’s movement that made us start thinking about it. People would come in and we would interview the man and find out what his problems were. We never thought that what happened to women would rise to the level of persecution or would be considered persecution by the adjudicators and by the authorities. That was incredibly important. That rape could constitute prosecution, that “private acts of violence” could constitute prosecution. I think we now understand that being forced to leave your child as a form of persecution.

September 30, 2019 in Family, Gender, International, Women lawyers | Permalink | Comments (0)

History of the French Shadow Jury of Women

Sara Kimble, Of "Masculine Tyranny" and the Women's Jury": The Gender Politics of Jury Service in Third Republic France, Law & History Review (2019)

In 1905 Hyacinthe Bélilon (1846–1913) and Camille Bélilon (1851–1930), two sisters working under pseudonyms as writers, began attending criminal trials and issuing unofficial verdicts as part of a new organization: the jury féminin, the women’s jury. Led by the sisters, this organization consisted of a panel of twelve female jurors who attended trials in Paris.  As witnesses to the courtroom spectacle, these women would have been seated as members of the public audience, behind the gates of the barreau, the open space where attorneys and witnesses addressed the judges. Following each trial, the jury féminin issued their own unofficial verdicts and published their reasoning in the monthly newspaper Journal des femmes over a period of 5 years.  The resulting trove of verdicts for eighty cases highlights the ways in which these unauthorized female jurors made decisions to exonerate or assign responsibility to the defendants.

 

The jury féminin contributed to a sustained public protest against male bias in the justice system, a condemnation of official all-male juries’ role in perpetuating a double moral standard and the inequalities of the French civil and penal codes. Their feminist legal commentary on criminal cases challenged the assumption that the legal system provided equal treatment for female victims or defendants. These activists’ courtroom appearances and published articles were forms of protest that furthered the political campaign to admit women to criminal juries, and by extension, to promote an enlarged role in civic life for women.

September 30, 2019 in Courts, International, Legal History | Permalink | Comments (0)

Tuesday, September 10, 2019

Gender and the Globalization of Constitutional Norms

Jenna Sapiano & Beverley Baines, Feminist Curiosity about International Constitutional Law and Global Constitutionalism, Journal of the Oxford Centre for Socio-Legal Studies, Issue 1, 2019

Cynthia Enloe’s theory of feminist curiosity inspired us to ask whether feminist International Constitutional Law (ICL) scholars and their Global Constitutionalism (GC) counterparts apply the same concept of gender to the internationalization/globalization of constitutional norms. We analyzed ICL scholarship on substantive rights to security and equality (Hilary Charlesworth and Christine Chinkin), freedom from violence (Catharine A. MacKinnon), and parity (Ruth Rubio-Marín) and GC scholarship on processes of contestation (Antje Wiener), proportionality (Anne Peters), and democratic iterations (Seyla Benhabib). Our findings, in the form of a hypothesis, are that gender specificity infuses the former and gender inclusivity, the latter. In other words, these scholars take competing approaches to protecting (ICL) and empowering (GC) women. This hypothesis sets the stage for the conversations we imagine these feminist scholars might have: Charlesworth and Chinkin with Wiener about the rule of law; MacKinnon and Peters about the separation of powers; and Rubio-Marín and Benhabib about democracy. Their collective insights could yield constructive connections that advance women’s protection and empowerment domestically, internationally, and globally.

September 10, 2019 in Constitutional, Gender, International, Theory | Permalink | Comments (0)

Tuesday, July 23, 2019

Recognizing Gender-Based Domestic Violence as Meriting Asylum from Nongovernmental Actors

Kaci Bishop,"Unconventional Actors," North Carolina J. International L. L & Commercial Regulation (2019) 

Asylum cases involving domestic violence or gang-related violence already had high burdens to overcome, but in the summer of 2018, their underlying theories were inverted and pulled out from underneath them with Matter of A-B-. The case involved a woman who had sought asylum in the United States for persecution by her ex-husband on account of her being a member of the particular social group of “El Salvadoran women who are unable to leave their domestic relationships where they have children in common.” Matter of A-B- narrowed the possible protected grounds for asylum and overruled BIA precedent that recognized certain survivors of gender-based domestic violence as meriting asylum. This decision also departed from precedent to severely restrict who would be recognized as persecutors.

United States’ asylum law was originally designed to protect against persecution committed by a government actor. However, it has long included that someone fleeing harm by a nongovernment actor could be granted asylum, assuming she met the other elements of asylum, if she could demonstrate that her home country’s government was unable or unwilling to protect her from this nongovernmental harm. Matter of A-B- purportedly raised that “unable or unwilling” standard to require that a government had “condoned” the nongovernmental or private harm or had demonstrated a “complete helplessness” to protect against it.

This Article challenges Matter of A-B-’s claims and suggests ways to demonstrate when actions and harms by nongovernment actors are not individual private crimes but products of systemic and cultural norms that are at the very least tolerated by the home country’s government. A central question in evaluating whether a government was unable or unwilling to control a nongovernment actor is whether the nongovernment actor has some de facto power of the state. For applicants, advocates, and adjudicators to analyze when a nongovernment actor has some de facto state power, this Article provides a robust set of factors to evaluate both when a nongovernment actor has usurped that power and when the government delegated or abdicated that power.

July 23, 2019 in Gender, International, Violence Against Women | Permalink | Comments (0)

Wednesday, July 17, 2019

The Transnational Reach of MeToo in Phenomenon and Theory

Farnush Ghadery, "#MeToo – Has the ‘Sisterhood’ Finally Become Global or Just Another Product of Neoliberal Feminism?" , Transnational Legal Theory (vol. 02, 2019)

The article discusses the #MeToo movement by reflecting on its origins and recent developments to consider its position within feminist theory. On the one hand, the cross-border proliferation of this hashtag revived the question once posed by liberal feminist Robin Morgan: Has the ‘sisterhood’ finally become global? Others questioned the deeper meaning of the ‘me’ as part of #MeToo, wondering whether the need for individual responsibility to come forward indicates that the movement fits only too well with what has been coined neoliberal feminism. Disagreeing with both categorisations, the article positions #MeToo as a transnational feminist consciousness-raising endeavour which can be traced across different places worldwide. Referring to some of these contextualised uses of #MeToo, the article argues that #MeToo has been able to manifest itself as a transnational feminist phenomenon, as it has allowed groups in distinct spaces and localities to take ownership of the varying manifestations of #MeToo.

July 17, 2019 in Equal Employment, International, Theory | Permalink | Comments (0)

Tuesday, June 11, 2019

Interpreting the Reasonable Expectation of Sexual Privacy in Canada's Digital Technology Criminal Laws

Moira Aikenhead, A '"Reasonable" Expectation of Sexual Privacy in the Digital Age, 41 Dalhousie L.J. 274 (2018)

Two Criminal Code offences, voyeurism, and the publication of intimate images without consent, were enacted to protect Canadians’ right to sexual privacy in light of invasive digital technologies. Women and girls are overwhelmingly targeted as victims for both of these offences, given the higher value placed on their non-consensual, sexualised images in an unequal society. Both offences require an analysis of whether the complainant was in circumstances giving rise to a reasonable expectation of privacy, and the use of this standard is potentially problematic both from a feminist standpoint and in light of the rapidly evolving technological realities of the digital age. This article proposes a feminist-inspired, technology-informed approach to the reasonable expectation of privacy standard in relation to these offences, and examines the extent to which the Supreme Court of Canada’s recent voyeurism decision, R. v. Jarvis, aligns with this approach. 

June 11, 2019 in International, Media, Technology | Permalink | Comments (0)

Thursday, April 25, 2019

Judges on Transnational Courts: Why Simply Adding Women is not the Answer to Judicial Diversity

Kathryn Stanchi, Bridget Crawford, & Linda Berfer, Why Women: Judging Transnational Courts and Tribunals, Connect. J. of Int'l Law (forthcoming)  

Calls for greater representation of women on the bench are not new. Many people share the intuition that having more female judges would make a difference to the decisions that courts might reach or how courts arrive at those decisions. This hunch has only equivocal empirical support, however. Nevertheless legal scholars, consistent with traditional feminist legal methods, persist in asking how many women judges there are and what changes might bring more women to the bench. This essay argues that achieving diversity in international courts and tribunals – indeed on any bench – will not happen simply by having more female judges. Instead, judges with diverse perspectives and life experiences, regardless of their gender, will make a difference in the substance and form of judicial decisions.

This essay makes two contributions to the dialogue about judicial diversity. First, the essay posits that the overall justice project would be better served by abandoning binary categories like “men” and “women” in favor of recognizing that there is great diversity in both sex (however measured) and gender identity (however expressed). Framing any policy discussion in terms of “men” and “women” will fail to account for biological variety, individual difference, diverse gender identities, multiple sexual orientations, and the significant role that law and society play in constructing these identifiers.

The essay’s second intervention employs an expansive view of feminism as a broad justice project to consider that multiple facets of a judge’s lived experience, identity and perspective inform decision-making. Bias and elitism in legal education and the legal profession occlude the judicial pipeline. Instead of carrying a flag for more “women” in the judiciary, advocates for more diverse courts and tribunals should focus on elevating those with the least professional capital: people of color, low-income people, immigrants, graduates of non-elite schools, professionals from rural areas, and people with non-cisgender identities, to name a few groups. Adding more women to the bench may seem to be an immediate solution, but it will not achieve the goal. Attaining true diversity will be more difficult.

April 25, 2019 in Courts, Gender, International, Judges | Permalink | Comments (0)

Tuesday, April 9, 2019

Gender in Comparative Constitutional Change

Silvia Suteu, Gender in Comparative Constitutional Change, Forthcoming in Xenophon Contiades and Alkmene Fotiadou eds., Routledge Handbook on Comparative Constitutional Change (2019)

This chapter seeks to bridge the gap between the expanding literatures on comparative constitutional change and gender and constitutionalism. Starting from an inclusive definition of gender, the chapter maps and evaluates areas of recent intense constitutional activity in the field of gender equality and non-discrimination, as well as the formal and informal mechanisms used for bringing about reform. The chapter looks in particular at the continued fight for women’s rights, especially access to abortion and gender quotas, and to gender and sexual minority rights, in particular marriage equality and the recognition of a non-binary conception of gender. The chapter contextualises these issues and concludes that the framing of these debates will be very important, as will be the promotion of a change in societal attitudes alongside any constitutional and legislative change.

April 9, 2019 in Abortion, Constitutional, International | Permalink | Comments (0)

Tuesday, February 26, 2019

Upskirting Now a Criminal Offense in UK

Upskirting Law Clears Final Hurdle to Become Specific Criminal Offence

Upskirting has been made a specific criminal offence after a Bill to ban the cruel craze received Royal Assent in the House of Lords.

 

People convicted of taking an image or video of a victim’s groin or buttocks under their clothing face being jailed for two years and being put on the sex offenders’ register.

 

Gina Martin, who campaigned for the law change after being upskirted at a festival in 2017, welcomed the move and said it was a “long time coming”.

 

Prime Minister Theresa May, who was in the House of Commons as cheers rang out when the Bill received Royal Assent in the Lords, said she was “very pleased to see the degrading practice of upskirting become a criminal offence after the tireless work of victims and campaigners.”

 

Victims called for the creation of a specific law after becoming frustrated with a lack of options to prosecute perpetrators.

 

While some people were able to seek a conviction under harassment, voyeurism or outraging public decency laws, the creation of a specific offence means suspects can be prosecuted where they sought to obtain sexual gratification or cause humiliation, distress or alarm.

February 26, 2019 in International | Permalink | Comments (0)

Monday, February 18, 2019

Gender and Judging: Evidence from the European Court of Human Rights

Erik Voeten, Gender and Judging: Evidence from the European Court of Human Rights, 

Are women’s appeals for judicial remedies more likely to be successful if there are more women on the bench? Examinations of this question have mostly been confined to the North American context. This article evaluates this question in the European Court of Human Rights using a new dataset that incorporates both the gender of judges and applicants to the Court. Using matching within judgment, the analysis confirms findings from the U.S. context that female judges are more favorably disposed towards discrimination cases filed by women. Yet, female judges are not more likely than male judges to support rights claims filed by women on other legal issues. There is, however, strong evidence that female judges are more favorably disposed towards male and female applicants who allege physical integrity rights violations, such as torture. This is consistent with the attitudinal theory of judging. Thus, gender composition affects issues beyond those traditionally thought to be women’s rights issues. Moreover, the analysis reveals that women disproportionally file property rights claims, an issue that has gotten very little attention in the literature on gender and courts

February 18, 2019 in Courts, International, Judges | Permalink | Comments (0)

Thursday, January 24, 2019

UK Proposes Changes to Domestic Abuse Laws to Include Mental and Economic Abuse

Domestic Abuse: Non-Physical and Economic Abuse Included in Law

Non-physical and economic abuse are to be included in the first legal definition of domestic abuse as part of a landmark overhaul of the law.

 

Under the draft laws, a wide range of measures will also include domestic abusers being banned from cross-examining victims in family courts.

 

The home secretary said the changes would "bolster protection for victims".

 

Campaigners say the measures are a "once in a generation" opportunity to combat the impact of abuse.

 

Dr Nicola Sharp-Jeffs, the director of the charity Surviving Economic Abuse, said adding economic abuse to the legal definition was "highly significant" and would give victims "more confidence" when they came forward.

 

The draft bill going before MPs will also:

    Create new powers to force perpetrators into behaviour-changing rehabilitation programmes
    Make victims automatically eligible for special protections when they are giving evidence in criminal trials
   Set up a national "domestic abuse commissioner" tasked with improving the response and support for victims across public services

 

The definition of domestic abuse will specifically recognise that it goes beyond crimes of violence and includes victims who are psychologically coerced and manipulated, as well as those who have no control of their finances.

 

The legislation will also clarify the workings of "Clare's Law" - a measure introduced four years ago to permit police to tell a member of the public if there are concerns over about previous violence committed by their partner.

January 24, 2019 in International, Violence Against Women | Permalink | Comments (0)

Tuesday, December 4, 2018

The Case of Edith Haynes Denied Admission to the Bar in 1900 Australia Because Women Were not "Persons"

Margaret Thornton, Challenging the Legal Profession A Century On: The Case of Edith Haynes, 44 Univ. West. Australia L. Rev. (2018)  

This article focuses on Edith Haynes' unsuccessful attempt to enter the legal profession in Western Australia. Although admitted to articles as a law student in 1900, she was denied permission to sit her intermediate examination by the Supreme Court of WA (In re Edith Haynes (1904) 6 WAR 209). Edith Haynes is of particular interest for two reasons. First, the decision denying her permission to sit the exam was an example of a 'persons' case', which was typical of an array of cases in the English common law world in the late 19th and early 20th centuries in which courts determined that women were not persons for the purpose of entering the professions or holding public office. Secondly, as all (white) women had been enfranchised in Australia at the time, the decision of the Supreme Court begs the question as to the meaning of active citizenship. The article concludes by hypothesising a different outcome for Edith Haynes by imagining an appeal to the newly established High Court of Australia.

December 4, 2018 in International, Legal History | Permalink | Comments (0)

Wednesday, November 28, 2018

UN Report Finds Increase in Domestic Violence Against Women World Wide

UN Finds Deadliest Place for Women is Their Home

Last year, 137 women across the globe were killed every day by intimate partners or relatives.

 

According to the 2018 report on the killing of women and girls released Sunday by the U.N. Office on Drugs and Crime, about 87,000 were killed worldwide in 2017, 58 percent of them victims of domestic or family violence.

 

Many of these deaths could have been prevented.

 

Jean-Luc Lemahieu, director of policy analysis and public information at the U.N. Office on Drugs and Crime, told The Washington Post that more than 30,000 of those deaths were the result of domestic abuse.

 

Domestic homicides are “the tragic end of a cycle of abuse and violence,” Lemahieu said. “When a female loses her life, it is not without predictions — you see incidences of verbal and other forms of violence. The pattern is established long before the homicide.”***

 

The report found that the likelihood of women being slain by relatives or intimate partners has increased by more than 10 percent since 2012; women in the Americas and Africa are now the most at risk.

 

The report also called for a coordinated response from law enforcement that empowers and protects victims and holds their abusers accountable. Several countries have launched initiatives and training to combat gender-based violence.

 

“Underreporting of domestic abuse highlights the justice system as one area in need of much work,” Lemahieu said. He cited figures from Italy, which reported that 31,500 women out of every 100,000 ages 16 to 70 will experience physical and sexual violence, according to a lifetime survey. Domestic homicides occur in 0.4 percent of those cases, while 35 will report domestic abuse to authorities.

November 28, 2018 in International, Violence Against Women | Permalink | Comments (0)

Thursday, November 15, 2018

Protests Over Rape Trial Where Defendant Acquitted Because Teen Victim Wore Thong Underwear

This is Not Consent:Women Share Photos of Their Underwear in Rape Trial Protest

Women have taken to social media to share photos of their underwear after a 27-year-old man was acquitted in a rape trial during which the woman's 'thong' was brought up in court.

 

The criminal court case ended with the man being found not guilty of raping a 17-year-old in the city of Cork in Ireland.

 

But the defence barrister's argument garnered widespread attention after she told the jury to take into account what the teenager was wearing.

 

"You have to look at the way she was dressed. She was wearing a thong with a lace front," she said, according to the Irish Examiner newspaper on 6 November.

 

This prompted Irish MP Ruth Coppinger to show blue lacy underwear in the Dáil (Irish parliament) and share a powerful message to her colleagues.

 

"It might seem embarrassing to show a pair of thongs here... how do you think a rape victim or a woman feels at the incongruous setting of her underwear being shown in a court?"

 

Since the media attention, many women have turned to social media and post photos of their underwear accompanied by the hashtag 'This Is Not Consent'.

BBC News, Irish Outcry Over Teenager's Underwear Used in Rape Trial

For the original report of the trial and the alleged incident, see Irish Examiner, Counsel for Man Acquitted of Rape Suggested Jurors Should Reflect on Underwear Worn by Teen Complainant

November 15, 2018 in International, Violence Against Women | Permalink | Comments (0)

A New Model of Feminist Relational Contract Theory

Sharon Thompson, Feminist Relational Contract Theory: A New Model for Family Property Agreements, 45 J. Law & Society 617 (2018)

In this article, a new model named Feminist Relational Contract Theory (FRCT) is explained, justified, and applied to the context of family property agreements and specifically nuptial agreements. Most nuptial agreements are created amidst a complex web of power relationships and the dynamic of these relationships often evolves over time. However, the courts in England and Wales have not yet found a way to recognize this without adopting a paternalistic approach. This article proposes an alternative that could, in practice, recognize issues of power between parties entering family property agreements, exploring a recent Australian case on nuptial agreements which adopts a more contextual understanding of contract law.

November 15, 2018 in Family, International, Theory | Permalink | Comments (0)

Tuesday, November 13, 2018

It's Time for a UN Treaty on Violence Against Women

Ronagh McQuigg, Is it Time for a UN Treaty on Violence Against Women?, 22 Int'l J. of Human Rights 305 (2018)  

Violence against women is one of the most prevalent human rights abuses at the global level. However, no specific mention of this issue is made in any of the UN treaties. This article begins by discussing why any express reference to violence against women was excluded from the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and then proceeds to examine existing efforts at the UN level in this area. However the key focus of this article is on the new and important question of whether it is now time for a specific treaty on violence against women to be adopted at the UN level. The article analyses the arguments surrounding the adoption of a global treaty on violence against women, and aims to provide a detailed examination of this highly significant area of law, while seeking to offer original insights on this issue. It is ultimately concluded that, despite the undoubted challenges which would be involved, it is nevertheless time for the development and implementation of a UN treaty on violence against women.

November 13, 2018 in International, Violence Against Women | Permalink | Comments (0)

Wednesday, November 7, 2018

New Book: Equality for Women = Prosperity for All

Want Less Poverty in the World? Empower Women, Vox

The single greatest antidote to poverty and social stagnation is the emancipation of women. Wherever this has been tried, wherever women have been empowered to do as they wish, the economy and the culture have been radically improved.

 

A new book by Augusto Lopez-Claros, a senior fellow at the School of Foreign Service at Georgetown University, and Bahiyyih Nakhjavani, an Iranian writer and novelist, is among the first to comprehensively test this proposition by surveying data from 189 countries. Titled Equality for Women = Prosperity for All, the book shows how gender inequalities — in education, income, law, employment, and wages — lead to instability and chaos at almost every level of society.

 

A conversation with the author follows.

 

Equality for Women = Prosperity for All

 

November 7, 2018 in Books, International | Permalink | Comments (0)