Columbia Journal of Gender and Law

A law journal devoted to original scholarship on the interaction between gender and law. Contributors are noted scholars in feminist jurisprudence, including judges, law professors, and law students. The editorial stance embraces an expansive view of femi

Articles from Vol. 16, No. 1, Winter

Equality with a Vengeance: Female Conscientious Objectors in Pursuit of a Voice and Substantive Gender Equality
In December 2002, Shani Werner, a member of a group of young Israeli women who refused to serve in the military because of their conscientious objection to the occupation of the West Bank and Gaza, wrote an open letter to the other members of her group:...
From the Stasi Commission to the European Court of Human Rights: L'affaire Du Foulard and the Challenge of Protecting the Rights of Muslim Girls
"In public schools, the wearing of symbols or clothing by which students conspicuously manifest a religious appearance is forbidden. Internal regulations state that the initiation of disciplinary proceedings must be preceded by a dialogue with the...
Obscenity Law and Its Consequences in Mid-Nineteenth-Century America
The conventional history of obscenity and pornography in America begins about one hundred thirty years ago with the passage of the Comstock Act in 1873, which banned obscene literature from the mail. (1) A resulting climate of sexual repression prevailed...
Pregnancy Discrimination in Latin America: The Exclusion of "Employment Discrimination" from the Definition of "Labor Laws" in the Central American Free Trade Agreement
Regional trading blocs and bilateral trade agreements have become increasingly important within the western hemisphere. The North American Free Trade Agreement (NAFTA), the U.S.-Chile Free Trade Agreement, and the Central America Free Trade Agreement...
The Detention, Confinement, and Incarceration of Pregnant Women for the Benefit of Fetal Health
In 1998, Yuriko Kawaguchi appeared before Cleveland, Ohio Municipal Court Judge Patricia Cleary and entered a guilty plea to a fifth-degree felony forgery count resulting from her use of a counterfeit credit card. Approximately two weeks before her...
The Formal Equality Theory in Practice: The Inability of Current Antidiscrimination Law to Protect Conventional and Unconventional Persons
The purpose of this Article is to expose the way in which Title VII and equal protection law fail to protect adequately all persons in instances where social judgment of what it means to be a man or a woman ("gender") rather than biology ("sex") is...