Columbia Journal of Gender and Law
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NOTE FROM THE EDITOR.
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The inaccessible road to motherhood - the tragic consequence of not having reproductive policies for Israelis with disabilities.
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A conversation with Edie Windsor.
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Who's afraid of white class migrants? On denial, discrediting and disdain (and toward a richer conception of diversity).
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A conversation with Justice Ruth Bader Ginsburg.(Symposium Honoring the Advocacy, Scholarship, and Jurisprudence of Justice Ruth Bader Ginsburg)
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THE ABORTION CLOSET (WITH A NOTE ON RULES AND STANDARDS).
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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.
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CLOSING REMARKS.(Double-Consciousness: Women of Color as Advocates for Ourselves and Others )
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What if Sharia weren't the enemy? Rethinking international women's rights advocacy on Islamic law.
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RECENTERING WOMEN IN JUDICIAL DECISIONS ON REPRODUCTIVE PRACTICES: U.S. AND ISRAELI CASE STUDIES.
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Some ABCs of feminist sex education (in light of the sexuality critique of Legal feminism).
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Correcting myopia in domestic violence advocacy: moving forward in lawyering and law school clinics.
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Disabling consent, or reconstructing sexual autonomy.(Abstract through I. Sexual Autonomy Trashed: Overinclusive, Underinclusive B. Underinclusive: Spindelman's 'Sexual Death-Blow', p. 428-461)
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Introduction.
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Privacy, property, and public sex.
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Sexual consent: some thoughts on psychoanalysis and law.
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Genes, parents, and assisted reproductive technologies: arts, mistakes, sex, race, & law.
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RAPING INDIAN COUNTRY.
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Acuna and the abortion right: constraints on informed consent litigation.
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Patricia Williams and 'The Nation.'(American legal scholar and a proponent of critical race theory)
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Same-sex relationships, DOMA, and the Tax Code: rethinking the relevance of DOMA to straight couples.
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Daniel Hernandez and Nevin Cohen, Lauren Abrams and Donna Freemantweed, Michael Elsasser and Douglas Robinson, Mary Jo Kennedy and Jo-Ann Shain, and Daniel Reyes and Curtis Woolbright, plaintiffs-respondents--against--Victor L. Robles, in his official capacity as city clerk of the City of New York, defendant-appellant.
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Countenancing the oppression of women: how liberals tolerate religious and cultural practices that discriminate against women.
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Why a Feminist Law Journal? A call for parity.
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TO PRISON, WITH MOM: INTERNATIONAL DUE PROCESS ISSUES FOR CHILDREN AND MOTHERS POSED BY PRISON NURSERIES.
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Shelter from the storm: using jurisdictional statutes to protect victims of domestic violence after the Violence Against Women Act of 2000.
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WOMEN AND WHISTLEBLOWING: EXPLORING GENDER EFFECTS IN POLICY DESIGN.
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Gender, sexuality, and power: is feminist theory enough?
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Closing the gap of justice: providing protection for Native American women through the special domestic violence criminal jurisdiction provision of VAWA.
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DISCERNING ONE PRIMARY PURPOSE FROM TWO: THE INCONSISTENT TREATMENT OF SEXUAL ASSAULT NURSE EXAMINER TESTIMONY UNDER THE SIXTH AMENDMENT'S CONFRONTATION CLAUSE.
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Equality and choice: sex equality perspectives on reproductive rights in the work of Ruth Bader Ginsburg.
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Disabling consent, or reconstructing sexual autonomy.(I. Sexual Autonomy Trashed: Overinclusive, Underinclusive C. Sexual Autonomy (Not Equal to) Consent through IV. Disabling Consent: Notes for a New Statutory Scheme of Sexual Regulation B. Reforming Sexual Assault Law (For Persons with Disabilities) 1. Furbishing Consent, p. 461-493)
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The backfiring of the domestic violence firearms bans.
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Intimate partner violence against Asian American women: moving from theory to strategy.(Introduction through II. Interpreting Data and Conceptualizing Categories, p. 315-344)
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Creditors' use of consumer debt criminalization practices and their financial abuse of women.(Symposium: Female Perspectives in Commercial and Consumer Law)
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EQUAL PROTECTION IN DOBBS AND BEYOND: HOW STATES PROTECT LIFE INSIDE AND OUTSIDE OF THE ABORTION CONTEXT.
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Dealing with DOMA: federal non-recognition complicates state income taxation of same-sex relationships.(Defense of Marriage Act of 1996)(II. State Income Taxation of Same-Sex Marriages E. Vermont through Conclusion, with footnotes, p. 56-86)
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Unwilling avatars: idealism and discrimination in cyberspace.
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WHAT'S OLD IS NEW AGAIN: HOW STATE ATTORNEYS GENERAL CAN REINVIGORATE UDAP ENFORCEMENT TO COMBAT CRISIS PREGNANCY CENTER DECEPTION.(Unfair, Deceptive Acts and Practices statutes)
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A tribute to the work of Patricia Williams.(New York)
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The Hobby Lobby amicus effort.(Marriage Equality and Reproductive Rights: Lessons Learned and the Road Ahead)
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Unisex CEDAW? No! Super-sex it!
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Rupture, leakage, and reconstruction: the body as a site for the enforcement and reproduction of sex-based legal norms in the breast implant controversy.
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Here comes the Brides' March: cultural appropriation and Latina activism.
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Taxing the family work: aid for affluent husband care.
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Legal cross-dressing: sexuality and the Americans with Disabilities Act.
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How we still fail rape victims: reflecting on responsibility and legal reform.
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LABORATORIES OF REPRODUCTIVE JUSTICE: STATE AMENDMENTS AND THE RIGHT TO PAID FAMILY LEAVE.
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Maximizing VA benefits for survivors of military sexual trauma: a practical guide for survivors and their advocates.(Dept. of Veterans Affairs)(Introduction through III. MST as an Aggravation of Pre-Enlistment Sexual Trauma A. The VA's Concept of Aggravation of Nonservice-Connected Injuries, p. 343-392)
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From violence against women to women's violence in Haiti.
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Who secures women's capabilities in Martha Nussbaum's quest for social justice?
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Brides without borders: new topographies of violence and the future of law in an era of transnational citizen-subjects.(Symposium Volume: Gender on the Frontiers - Confronting
Intersectionalities)
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Restoring balance to abuse cases: expanding the one-sided approach to teaching domestic violence practice.(II. Two Sides of a Domestic Violence Case B. The Abusive Father 2. Taking Steve's Story to Court a. Entrenching Misconceptions About Abuse through Conclusion, with footnotes, p. 169-196)
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Litigating abortion access cases in the post-Windsor world.
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Father by newspaper ad: the impact of In re The Adoption of a Minor Child on the definition of fatherhood.
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ADVOCACY IN IDEAS: LEGAL EDUCATION AND SOCIAL MOVEMENTS.(Double-Consciousness: Women of Color as Advocates for Ourselves and Others)
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Deconstructing the body: transgender and intersex identities and sex discrimination - the need for strict scrutiny.
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The meaning of "life": belief and reason in the abortion debate.
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Transparent: when legal fictions and judicial imagination make facts disappear, they enforce transphobic discrimination.
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STATE ACTIONS TO BAN GENDER-AFFIRMING CARE FOR MINORS AND THE WAYS FORWARD.
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Sexuality's law.(III. The Ideology of Sexual Freedom: Proofs D. Leo Bersani, Is the Rectum a Grave? through Conclusion, p. 192-227)
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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?(III. The Supreme Court Has Weighed in On the Issue of Inheritance and the Out-of-Wedlock Child; North Carolina and Similar State Statutes Violate the Equal Protection Clause of the Fourteenth Amendment through Conclusion, with footnotes, p. 558-592)
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IMMUNIZING ROE: HOW COURT TREATMENT OF COVID-19 VACCINE MANDATES SUPPORTS REPRODUCTIVE FREEDOM.
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Protecting sex: sexual disincentives and sex-based discrimination.
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CARE AND COMMUNITY EMPOWERMENT: COALITION-BUILDING BETWEEN HOME CARE WORKERS AND DISABILITY RIGHTS ACTIVISTS.
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"DO WE NOT BLEED?": SANITATION, MENSTRUAL MANAGEMENT, AND HOMELESSNESS IN THE TIME OF COVID.(Symposium Conference: Are You There Law? It's Me, Menstruation)
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A FAIRER, SAFER, AND MORE JUST SYSTEM FOR ALL NEW YORKERS: DOMESTIC VIOLENCE AND NEW YORK BAIL REFORM.
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The failure of abstinence-only education: minors have a right to honest talk about sex.
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The bona fide body: Title VII's last bastion of intentional sex discrimination.
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Sexuality's law.(I. Introduction through II. The Ideology of Sexual Freedom Described, p. 87-121)
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Obscenity, morality, and the First Amendment: the first LGBT rights cases before the Supreme Court.(II. The First Two Times That Sexual Orientation Issues Came Before the Supreme Court B. MANual Enterprises, Inc. v. Day through Conclusion, with footnotes, p. 279-314)
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The challenge of new families.(Sweden)
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MENSTRUATION AND THE BAR EXAM: UNCONSTITUTIONAL TAMPON BANS.(Symposium Conference: Are You There Law? It's Me, Menstruation)
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Encouraging a market in human milk.
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RELIGIOUS LIBERTY, IMMIGRATION SANCTUARY, AND UNINTENDED CONSEQUENCES FOR REPRODUCTIVE AND LGBTQ RIGHTS.
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MY BROTHER'S KEEPER, MY SISTER'S NEGLECTOR: A CRITIQUE AND EXPLANATION OF SINGLE-SEX INITIATIVES FOR BLACK BOYS.
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THE EARLY PUNISHMENT OF ACCUSED WOMEN: EXPERIENCES OF PRETRIAL DETENTION OF MOTHERS AND CHILDREN IN A MATERNAL-CHILD UNIT IN CHILE.
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Sexuality and the law: introduction to the issue.
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ARE YOU THERE, TRADEMARK LAW? IT'S ME, MISOGYNY.(Symposium Conference: Are You There Law? It's Me, Menstruation)
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EUROPE CAN SUCCEED WHERE AMERICA FAILED: A COMPARATIVE APPROACH TO GENDER-BASED VIOLENCE.
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WHAT TO EXPECT WHEN YOU'RE NO LONGER EXPECTING: HOW STATES USE CONCEALMENT AND ABUSE OF A CORPSE STATUTES AGAINST WOMEN.
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THE RIGHT FAMILY.
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Tenure politics and the feminist scholar.
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'Truth and reconciliation': a critical step toward eliminating race and gender violations in tenure wars.(The More Things Change ... Exploring Solutions to Persisting Discrimination in Legal Academia)
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MARY DOE EX REL. SATAN? PARODY, RELIGIOUS LIBERTY, & REPRODUCTIVE RIGHTS.
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Disputes over frozen preembryos & the "right not to be a parent".
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Mifepristone protocol legislation - the anti-choice movement's disingenuous method of attack on the reproductive rights of women and how courts should respond.
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The right to equality in the South African Constitution.(Symposium Honoring the Advocacy, Scholarship, and Jurisprudence of Justice Ruth Bader Ginsburg)
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Form, function, and feminist law journals.
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A brief history of gender law journals: the heritage of Myra Bradwell's Chicago Legal News.
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An offer you can't refuse: coercing consent to surgery through the medicalization of gender identity.
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The embodied self.
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Performing interdependence: Judith Butler and Sunaura Taylor in The Examined Life.
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SUFFERING AT THE MARGINS: APPLYING DISABILITY CRITICAL RACE STUDIES TO HUMAN TRAFFICKING IN THE UNITED STATES.
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The daddy double-bind: how the family and medical leave act perpetuates sex inequality across all class levels.
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(Mis)appropriated liberty: identity, gender justice, and Muslim personal law reform in India.
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UNDERSTANDING ILLICIT INSEMINATION AND FERTILITY FRAUD, FROM PATIENT EXPERIENCE TO LEGAL REFORM.
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KEYNOTE PANEL 3: ALIGNING THE LAW WITH TODAY'S CONCEPTIONS OF DOMESTIC VIOLENCE: COERCIVE CONTROL, LETHALITY, AND FEMICIDE.(Justice for Survivors of Intimate Partner Violence: Transforming an Inequitable Family Law System)
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Necessary third parties: multidisciplinary collaboration and inadequate professional privileges in domestic violence practice.
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INVISIBLE LABOR, INVISIBLE RIGHTS: AN INTERSECTIONAL ANALYSIS ON THE UNITED STATES' AU PAIR PROGRAM.
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EDITORS' REMARKS.
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POT WITHOUT PATRIARCHY: GENDER EQUITY IN THE ADULT-USE CANNABIS INDUSTRY AND THE FEMINIST COOPERATIVE MODEL.
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RACING DOBBS.
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MENOPAUSE AND THE MENSTRUAL EQUITY AGENDA.(Symposium Conference: Are You There Law? It's Me, Menstruation)
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WE ARE NOT STRUCK WITH BLINDNESS: THE ESTABLISHMENT CLAUSE AND RELIGIOUSLY MOTIVATED STATE PREEMPTION OF MUNICIPAL NON-DISCRIMINATION LAW.
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Love, honor, or control: domestic violence, trafficking, and the question of how to regulate the mail-order bride industry.
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Street smut: gender, media, and the legal power dynamics of street harassment, or "hey sexy" and other verbal ejaculations.
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The cultural property claim within the same-sex marriage controversy.
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FOREWORD.(Double-Consciousness: Women of Color as Advocates for Ourselves and Others)
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Of pearls and fish: an analysis of Jewish legal texts on sexuality and their significance for contemporary American Jewish movements.
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Feminism as liberalism: a tribute to the work of Martha Nussbaum.
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INFERTILITY AND HUMAN RIGHTS: A JURISPRUDENTIAL SURVEY.
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What is forced marriage? Towards a definition of forced marriage as a crime against humanity.
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KEYNOTE PANEL 4: FIXING WHAT'S BROKEN: REFORMING THE SYSTEM.(Justice for Survivors of Intimate Partner Violence: Transforming an Inequitable Family Law System)
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COMPARED TO WHAT? MENSTRUATION, PREGNANCY, AND THE COMPLEXITIES OF COMPARISON.(Symposium Conference: Are You There Law? It's Me, Menstruation)
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IT'S ABOUT BLOODY TIME AND SPACE.(Symposium Conference: Are You There Law? It's Me, Menstruation)
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Sexuality's law.(III. The Ideology of Sexual Freedom: Proofs C. Richard Mohr, Gays/Justice: A Study of Ethics, Society, and Law, p. 157-192)
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Law in drag: trials and legal performativity.
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Identity or condition? The theory and practice of applying state disability laws to transgender individuals.
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A journal of one's own? Beginning the project of historicizing the development of women's law journals.
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Going offshore: horseplay, normalization, and sexual harassment.(Introduction through II. Feminist Theories of Gender-Based Harassment, p. 302-339)
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KEYNOTE LUNCHTIME SPEAKER: STEPHANIE MCGRAW, CEO, W.A.R.M. - WE ALL REALLY MATTER.(Justice for Survivors of Intimate Partner Violence: Transforming an Inequitable Family Law System)(New York)
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THE POWER OF BLOOD: THE MANY FACES OF WOMEN'S MONTHLY MENSES IN JEWISH LAW & BEYOND.(Symposium Conference: Are You There Law? It's Me, Menstruation)
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The Equal Rights Amendment: then and now.
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Raising the standard of abortion informed consent: lessons to be learned from the ethical and legal requirements for consent to medical experimentation.
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Anonymously provided sperm and the Constitution.
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PANEL 1: PROTECTING THE CHILD: FOCUS ON INTIMATE PARTNER VIOLENCE AND CUSTODY LAW.(Justice for Survivors of Intimate Partner Violence: Transforming an Inequitable Family Law System)
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The story of Jewish polygamy.(Abstract through IV. The Tannaitic Period, p. 234-268)
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Multidimensional advocacy as applied: marriage equality and reproductive rights.
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INTRASTATE PREEMPTION: A NEW FRONTIER IN BURDENING CHOICE.
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When might does not create religious rights: for-profit corporations' employees and the contraceptive coverage mandate.(Introduction through II. Current Litigation A. Corporate Plaintiffs and Religious Rights, p. 58-89)
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Legislative reform and the struggle to eradicate violence against women in the Dominican Republic.
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PANEL 2: PROMOTING EQUITY FROM THE BENCH: JUDICIAL SELECTION, OVERSIGHT, AND TRAINING.(Justice for Survivors of Intimate Partner Violence: Transforming an Inequitable Family Law System)(New York)
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Returns.(Patricia Williams' contributions in legal education)
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ARE YOU THERE, LAW? IT'S ME, SEMEN.(Symposium Conference: Are You There Law? It's Me, Menstruation)
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Situating feminism, patent law, and the public domain.
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Legal theory and gendered history.
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Tribute to Justice Ruth Bader Ginsburg.(Symposium Honoring the Advocacy, Scholarship, and Jurisprudence of Justice Ruth Bader Ginsburg)
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The provocations of enduring friendship.
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Pathology full circle: a history of anti-vibrator legislation in the United States.
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Beyond Romer and Lawrence: the right to privacy comes out of the closet.
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Religion by any other name? Prohibitions on same-sex marriage and the limits of the establishment clause.(Introduction through IV. An Assessment of Reasons Offered for Prohibiting Same-Sex Marriage F. Guarding Against the Erosion of Other Societal Prohibitions, p. 132-165)
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Introduction.
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Parity by comparison: the case for comparing pregnant and disabled workers.
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Operating in an empirical vacuum: the Ellerth and Faragher affirmative defense.
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AN ANTITRUST APPROACH TO SEX EQUALITY.
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Still using the wrong yardstick: measuring quality by the proxies of bias, conformity, and rumor.
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Perceiving subtle sexism: mapping the social-psychological forces and legal narratives that obscure gender bias.
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REIMAGINING REPRODUCTIVE RIGHTS JURISPRUDENCE IN INDIA: REFLECTIONS ON THE RECENT DECISIONS ON PRIVACY AND GENDER EQUALITY FROM THE SUPREME COURT OF INDIA.
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Men at work, fathers at home: uncovering the masculine face of caregiver discrimination.
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The rising bar for persecution in asylum cases involving sexual and reproductive harm.
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Speaking volumes: musings on the issues of the day, inspired by the memory of Mary Joe Frug.
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THE STATE AS RIGHTS-FACILITATOR: RECONCILING BRANCHES OF PRIVACY DOCTRINE THROUGH CONSENT.
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Looking in the honest mirror of privilege: "polite white" reflections.
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Pregnant in foster care: prenatal care, abortion, and the consequences for foster families.
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"Who's the man?": Masculinities studies, Terry stops, and police training.
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"Undue" delegation: private delegation and other strategies to challenge admitting-privileges laws.
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The freedom to choose to marry.
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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.
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The underage, the "unborn," and the unconstitutional; an analysis of the Child Custody Protection Act.
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Obscenity, morality, and the First Amendment: the first LGBT rights cases before the Supreme Court.(Introduction through II. The First Two Times That Sexual Orientation Issues Came Before the Supreme Court A. One, Inc. v. Olesen, p. 229-278)
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ERADICATING WOMEN'S SURNAMES: LAW, TRADITION, AND THE POLITICS OF MEMORY.
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THE "LIMITED" ASSISTANCE OF FOREIGN JURISPRUDENCE: LESSONS FROM INDIA AND THE UNITED STATES ON SEXUALITY AND GOVERNANCE.
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Transparent: when legal fictions and judicial imagination make facts disappear, they enforce transphobic discrimination.(Introduction through Conclusion, p. 119-162)
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Criminalizing coerced submission in the workplace and in the academy.
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To love the babe that milks me: infanticide and reconceiving the mother.
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The new politics of adultery.
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Gay fathers: disrupting sex stereotyping and challenging the father-promotion crusade.(Introduction to II. Disrupting the Sex-Stereotyped Father, p. 479-507)
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Still using the wrong yardstick: measuring quality by the proxies of bias, conformity, and rumor.
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The subtle side of sexism.
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Strange bedfellows: the destigmatization of anti-abortion reform.
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More than mileage: the preconditions of travel and the real burdens of H.B. 2.(Banishing Women: The Law and Politics of Abortion Travel)
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The more things change ...: exploring solutions to persisting discrimination in legal academia.
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Disabling consent, or reconstructing sexual autonomy.
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Trying international crimes on local lawns: the adjudication of genocide sexual violence crimes in Rwanda's Gacaca courts.
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Forced marriage and the exoticization of gendered harms in United States asylum law.
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Morse v. Frederick's new perspective on schools' basic educational missions and the implications for gay-straight alliance First Amendment jurisprudence.
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Using Title IX and the model of public housing to prevent housing discrimination against survivors of sexual assaults on college campuses.
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Reproductive rights as health care rights.
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GATE(S) KEEPING OR SCOT(T) FREE? THE LEGAL ENVIRONMENT OF MARITAL SURNAME USE, POST-DIVORCE.(pp. 1-68)
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1/20,000TH OF A PERSON?: DEMOCRACY AND PROTECTING EQUAL RIGHTS IN NOTICE AND COMMENT RULEMAKING.
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ENDING PROSTITUTION EXPLOITATION: HOW NEW YORK STATE CAN BETTER SUPPORT SURVIVORS OF THE SEX TRADE THROUGH LEGISLATIVE REFORM.
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Introduction.
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When might does not create religious rights: for-profit corporations' employees and the contraceptive coverage mandate.
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"Rape-adjacent": imagining legal responses to nonconsensual condom removal.
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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.
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Normalizing violence: transitional justice and the Gujarat riots.
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"WE'RE NOT GIVING THIS CHILD BACK TO LESBIANS": AN EXAMINATION OF LGBTQ+ PARENTS' LOSS OF CHILDREN TO THE FAMILY REGULATION SYSTEM.
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GOOD GIRLS: GENDER-SPECIFIC INTERVENTIONS IN JUVENILE COURT.
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Gendered subjects of transitional justice.
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"It's all about Edie, stupid": lessons from litigating United States v. Windsor.
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ASKING THE MENSTRUATION QUESTION TO ACHIEVE MENSTRUAL JUSTICE.(Symposium Conference: Are You There Law? It's Me, Menstruation)
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Quasi-colonial bodies: an analysis of the reproductive lives of poor Black and racially subjugated women.
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A room for "Adam and Steve" at Mrs. Murphy's bed and breakfast: avoiding the sin of inhospitality in places of public accommodation.
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NATURE IS SMARTER THAN WE ARE: MIDWIFERY AND THE RESPONSIVE STATE.
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"Rugged vaginas" and "vulnerable rectums": the sexual identity, epidemiology, and law of the global HIV epidemic.
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MENSTRUAL CAPITALISM, PERIOD POVERTY, AND THE ROLE OF THE B CORPORATION.(Symposium Conference: Are You There Law? It's Me, Menstruation)
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En-gendering economic inequality.(Abstract through II. Wal-Mart v. Dukes and Modern-Day Discrimination D. The Court's Market Assumptions, p. 1-31)
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The landscape of state anti-abortion legislation.(Marriage Equality and Reproductive Rights: Lessons Learned and the Road Ahead)
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Introductory remarks.
