(New) in Print
a little bit new: Knop, Michaels and Riles, From Multiculturalism to Technique Feminism, Culture, and the Conflict of Laws Style”
Because I can definitely use help in negotiating the issues raised by Knop, Michaels and Riles.
The German Chancellor, the French President, and the British Prime Minister have each grabbed world headlines with pronouncements that their states’ policies of multiculturalism have failed. As so often, domestic debates about multiculturalism, as well as foreign policy debates about human rights in non-Western countries, revolve around the treatment of women. Yet feminists are no longer even certain More >
New on SSRN Reva Siegel, Dignity and Sexuality: Claims on Dignity in Transnational Debates Over Abortion and Same-Sex Marriage
Dignity’s meaning is famously contested. This essay explores competing claims on dignity in late twentieth-century debates over abortion and in the first decisions on the constitutionality of abortion legislation that these debates prompted. Advocates and judges appealed to dignity to vindicate autonomy, to vindicate equality, and to express respect for the value of life itself. Appeals to these distinct conceptions of dignity are now appearing in debates over the regulation of same-sex relations. Analyzed with attention to competing claims on dignity, we More >
Carrie Menkel-Meadow @ssrn Parties, Lawyers and Dispute Resolvers: What Difference Does ‘Gender Difference’ Make?
For a symposium on Women In ADR, this article reviews the existing and controversial literature on whether gender difference makes a difference in dispute resolution. In addition to focusing on the more conventional literature on whether women negotiate differently from men, this article reviews the complexity of women in additional roles in dispute resolution, including as parties, lawyers, third party neutrals (including as judges, mediators and arbitrators), witnesses, clients and experts. Not surprisingly, the role of gender salience and performance in More >
The past two decades have seen a rapid proliferation of laws and policies that facilitate a criminal justice response to elder abuse. Drawing on feminist critiques of the criminal justice response to domestic violence, this Article argues that the criminalization of elder abuse can protect elder abuse victims and improve public attitudes toward elder mistreatment. However, it warns that by failing to engage elder abuse victims in the punishment process and criminalizing certain consensual interactions involving older adults, the current criminal justice system response to elder abuse threatens to oppress victims, perpetuate negative stereotypes about older adults, and undermine the More >