Tag Archives: SSRN

Elder (In)Justice: A Critique of the Criminalization of Elder Abuse (New on SSRN)

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 delivery of victim services. It therefore posits that the debate over how to address elder abuse must move beyond the question of whether the criminal justice system should respond to elder abuse to thinking critically about how the system should do so. Finally, it suggests that the criminal justice system response to elder abuse could be improved by being informed by those working in parallel domains, including domestic violence.

Click here for SSRN link to Nina A. Kohn’s (Syracuse Law) piece which will appear in the American Criminal Law Review.

NIP: Creating New Categories': Anglo-American Radical Feminism's Constitutionalism in the Streets

‘Creating New Categories’: Anglo-American Radical Feminism’s Constitutionalism in the Streets

by Yxta Maya Murray (loyola) now on  SSRN.

Drawing on the work of Reva Siegel, Jack M. Balkin, and Lynda G. Dodd, I will then consider how the U.S. and British protesters influenced their countries’ respective constitutional cultures and future feminist legal theories. Each camp’s approach to outrage, law-breaking, and violence in street protest would later be felt in successes and failures on the constitutional front, and also resound in a law-faithful U.S. feminism that differs significantly from its skeptical, anti-authoritarian British complement.

Women, Gender and the Law eJournal: Subscribe on SSRN

This SSRN e-Journal distributes:

…working and accepted paper abstracts that relate to the relationship between women and the law, and gender and the law. The eJournal is interested in a wide range of topics with the focus of the eJournal being critical examinations of gender and the law. Interdisciplinary work is invited, as is research on legal education and the scholarship of law teaching as it relates to women and gender.

Believe it or not, this is another Kim Brooks production.  SSRN is such a useful service – it sends many gems my way.

Wondering what SSRN is?

Social Science Research Network (SSRN) is a world wide collaborative of over 183,000 authors and more than 1.3 million users that is devoted to the rapid worldwide dissemination of social science research. Founded in 1994, it is composed of a number of specialized research networks in each of the social sciences. Each of SSRN’s networks encourages the early distribution of research results by reviewing and distributing submitted abstracts and full text papers from scholars around the world. SSRN encourages readers to communicate directly with other subscribers and authors concerning their own and other’s research. Through our email abstract eJournals we currently reach over 400,000 people in approximately 140 different countries.  From the SSRN FAQ page, here.

I subscribe to a small number of the eJournals and Women, Gender & the Law is one.  Here are all the abstracts from this eJournal, and if you are signed up for SSRN (open to all) you can subscribe here.

 

I’ve just pasted in the latest 10 articles from this eJournal, so you can see how interesting this journal can  be!
Incl. Electronic Paper Two Mothers in Law and Fact
Robert Leckey
McGill University – Faculty of Law
Date Posted: April 07, 2012
Working Paper Series
1 downloads

Incl. Electronic Paper Mediating Multiculturally: Culture and the Ethical Mediator
MEDIATION ETHICS, Ellen Waldman, ed., San Francisco, CA: Jossey-Bass, 2011, UC Irvine School of Law Research Paper No. 2012-26
Carrie Menkel-Meadow
Georgetown University Law Center
Date Posted: April 05, 2012
Working Paper Series
3 downloads

Incl. Electronic Paper Undermining Congressional Overrides: The Hydra Problem in Statutory Interpretation
Texas Law Review, Vol. 90, 2012, Indiana Legal Studies Research Paper No. 202
Deborah A. Widiss
Indiana University Maurer School of Law
Date Posted: April 05, 2012
Accepted Paper Series
11 downloads

DOMA’s Bankruptcy
Tennessee Law Review, Vol. 79, pp. 1-28, 2011
Mark Strasser
Capital University – Law School
Date Posted: April 04, 2012
Accepted Paper Series

Incl. Electronic Paper Discriminative Provisions of Islamic Law of Inheritance Against Women
Sukanya Narain and Rameshwari R. Rao
National Law University Jodhpur and affiliation not provided to SSRN
Date Posted: April 03, 2012
Working Paper Series
1 downloads

Nonconsensual Insemination: Battery
Journal of Law and Social Deviance, Vol. 3, 2012
Carmen M. Cusack
affiliation not provided to SSRN
Date Posted: April 03, 2012
Accepted Paper Series

Incl. Electronic Paper The Women Violence in Pakistan: Evidence from Rural and Urban Areas
European Journal of Social Sciences, Vol. 16, No. 2, pp. 267-274, 2010
Arsalan Mujahid Ghouri and Naheed Abrar
affiliation not provided to SSRN and affiliation not provided to SSRN
Date Posted: April 03, 2012
Accepted Paper Series
1 downloads

Escaping Battered Credit: A Proposal for Repairing Credit Reports Damaged by Domestic Violence
University of Pennsylvania Law Review, Forthcoming
Angela K. Littwin
University of Texas School of Law
Date Posted: April 01, 2012
Accepted Paper Series

Incl. Electronic Paper Have Truth and Reconciliation Commissions Helped Remediate Human Rights Violations Against Women? A Feminist Analysis of the Past and Formula for the Future
Cardozo Journal of International and Comparative Law (JICL), Vol. 20, No. 1, p. 143, 2011, Florida International University Legal Studies Research Paper No. 12-05
Peggy Maisel
Florida International University College of Law
Date Posted: March 31, 2012
Accepted Paper Series
2 downloads

Incl. Electronic Paper Law, History, and Feminism
FEMINIST LEGAL HISTORY: ESSAYS ON WOMEN AND LAW, T. Thomas & T. Boisseau, eds., NYU Press, April 2011, U of Akron Legal Studies Research Paper No. 12-05
Tracy A. Thomas and Tracey Jean Boisseau
University of Akron School of Law and University of Akron
Date Posted: March 30, 2012
Accepted Paper Series
2 downloads

"…the silences of research…": power dynamics of access in feminist research

This looked quite interesting.  SSRN has the abstract, but Sage Journals Online has the full text, here.   While it appears that other papers by the same group of authors (Hoyle, Bosworth, & Dempsey from Monash University, Oxford & Villanova) communicate the research findings, (the study was designed to find out “ from the women themselves, whether and why some were “rescued” in high profile police actions and offered temporary admission to the United Kingdom, whereas others languished in immigration removal centers and prisons, detained and incarcerat–ed for false documents or prostitution-related offences. How had these women survived? Who had helped them? What had they experienced?”),  this paper takes on methodological issues in feminist research, focused on institutional partners.  It’s quite an interesting read,  a careful exploration of the various reasons different agencies (NGO’s, service providers, state agencies) offered for denying access to the women who had been trafficked – essentially stymieing the research project.

The authors write:

The agencies working with them may have been right to worry about the risk of revictimization and query whether the value of academic research is worth the risk—but ironically, in so doing, they themselves may have further silenced the very women whose stories need to be understood.

Having to tell the story is, certainly, in some contexts, described as a revictimization – but this is usually because the story is not believed or supported.  These researchers had experience in similar kinds of interviews .  More surprisingly, “we faced skepticism not just from criminal justice employees but also from the voluntary sector. Perhaps most confounding of all, those with whom politically we felt most aligned were wary. Feminist activist research, in this context, had little purchase. Rather, case workers and advocates were clearly anxious that we would revictimize the women they were assisting.”

Part of the point appears to be how changing feminist positions have rendered feminist researcher uncertain allies for some NGO’s.  Even after reading the article (forgive me, since i’m doing this on a family event holiday, in a hotel room with children and 60 assorted relatives about the place), I wasn’t quite sure how to read this paragraph:

If academics are to obtain access to victims of trafficking,  then they need to persuade victim advocates to trust them. Whereas once, this might have been a straightforward feminist matter, one that women scholars and policy makers could agree on, the decades of dispute over consent and coercion in prostitution and victims services, have taken a heavy toll. Part of the work that needs doing, in other words, is a political one: a more open discussion from all sides over the nature, causes, and effect of sexual violence and prostitution.
So, too, our experiences on this project suggest that it may be necessary in some research to devise a series of publications, some of which are not purely academic.
Perhaps, we could have been more persuasive if we had been able to offer the organizations something more useful
than a set of scholarly articles.

Lots to think about in terms of the why of what is known at my institution as “knowledge mobilization”, but also about the status of academic research.  NGO’s, producing their own work, aren’t always interested in allowing researchers (an unknown, unfettered quantity) in, and state organizations, for different reasons, aren’t either.

Here is the abstract::

ABSTRACT:  This article exposes methodological barriers we encountered in a small research project on women trafficked for the purpose of sexual exploitation and our attempts, drawing on feminist and emergent methods, to resolve them. It critically assesses the role of institutional gatekeepers and the practical challenges faced in obtaining data directly from trafficking victims. Such difficulties, it suggests, spring at least in part from lingering disagreements within the feminist academic, legal, and advocacy communities regarding the nature, extent and definition of trafficking. They also reveal concerns from policy makers and practitioners over the relevance and utility of academic research. While feminist researchers have focused on building trust with vulnerable research participants, there has been far less discussion about how to persuade institutional elites to cooperate. Our experiences in this project, we suggest, reveal limitations in the emphasis on reflexivity in feminist methods, and point to the need for more strategic engagement with policy-makers about the utility of academic research in general.

Finally, it is always great to read an article which delves deeply into a “research failure” and derives important questions and ideas from a seeming defeat.  Grad students, take note!

via Researching Trafficked Women: On Institutional Resistance and the Limits to Feminist Reflexivity by Michelle Dempsey, Mary Bosworth, Carolyn Hoyle :: SSRN.

Dempsey, Michelle Madden , Bosworth, Mary and Hoyle, Carolyn, Researching Trafficked Women: On Institutional Resistance and the Limits to Feminist Reflexivity (November 1, 2011). Qualitative Inquiry, Vol. 17, p. 769, 2011; Villanova Law/Public Policy Research Paper No. 2011-21. Available at SSRN: http://ssrn.com/abstract=1961745 (yorku subscription link here)

New on SSRN: International issues // Oosterveld on Gender Jurisprudence of the Special Court for Sierra Leone, Weissman on Feminism in Cuba

New on SSRN:

The Gender Jurisprudence of the Special Court for Sierra Leone: Progress in the Revolutionary United Front Judgments, Valerie Oosterveld (UWO Law)

Available for download here:http://ssrn.com/abstract=1933437

In March 2009, Trial Chamber I of the Special Court for Sierra Leone issued its judgment in Prosecutor v. Issa Hassan Sesay, Morris Kallon and Augustine Gbao, known as the Revolutionary United Front (RUF) case. ….

this article draws attention to the many ways in which the RUF judgments acknowledge the intersectionality of gender-based crimes. Specifically, it notes how the judgments demonstrate that gender-based crimes often intersect with other crimes, including the crime against humanity of murder and the war crime of committing acts of terrorism. The judgments also illustrate how gender-based crimes such as sexual slavery and forced marriage can intersect with each other. This article concludes that the RUF judgments are notable additions to the annals of gender jurisprudence.

Also new to SSRN is Deborah M. Weissman’s (UNC Law) Feminism in the Global Political Economy: Contradiction and Consensus in Cuba.

Transborder feminist organizing has transformed local, national, regional, and international discourses and practices. Global feminist initiatives have fostered the development of international legal standards that take into consideration the needs and circumstances of women, and have contributed to the gender mainstreaming of human rights norms. At the same time, the feminist enterprise has also served to promote a neoliberal agenda that has focused on individual empowerment and self-esteem issues, and thus raised questions about who is defining the agendas and strategies for women’s struggles for rights.

….. This article addresses the ways that Cuban feminism is decisively shaped by its national history as well as by the experience of colonization and neoliberal globalization, both essential mainstays for unequal global political economies. Among other issues, this article considers gendered migration strategies that have developed as a result of punitive U.S. policies and economic downturns. It also examines the gendered impact of the current cycle of Cuban economic reforms characterized by severe cuts to public sector employment that will drive increasing numbers of Cubans into self-employment (proprio cuentismo). Given that global self-employment data suggest that women fare poorly compared to men in self-employment endeavors, Cuban feminists must once again determine how to avoid a reversal of gains.