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After Gender? Examining International Justice Enterprises

“After Gender? Examining International Justice Enterprises”
A Pace Law Review Symposium     


Janet Halley
Royall Professor of Law, Harvard Law School

Friday, November 12, 2010
New York State Judicial Institute
Pace Law School


» View symposium photos
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» View Dyson lecture video


Pace Law Review held a symposium on November 12, 2010 entitled “After Gender: Examining International Justice Enterprises.”  The symposium expanded our understanding of the role of gender and sex in international law.  International law’s gender analysis has focused on women to the exclusion of other sexes.  More recent efforts, including those in international criminal law, the United Nations, and other international organizations, have attempted a broader understanding of gender.  Do these efforts continue to rely on the exclusive centrality of “women” to understand “gender?” If so, what are the costs to gender-related projects, if any? 


Janet Halley is the Royall Professor of Law at Harvard Law School where she teaches family law, discrimination, and legal theory.  She has also taught a course entitled “The Poetics of Sexual Injury” with Andrew Parker of Amherst College, cross-listed in the Law School and the Women’s, Gender and Sexuality Studies Program at Harvard University, a course on “Representing Social Movements” with Dori Spivak at Tel Aviv University Faculty of Law, and in the Spring of 2006, she co-taught a course on Transsexuality and the Law with Dean Spade of the Sylvia Rivera Law Project.   Her books include Split Decisions: How and Why to Take a Break from Feminism (Princeton University Press, 2006); Left Legalism/Left Critique, co-edited with Wendy Brown (Duke University Press, 2002); Don’t: A Reader’s Guide to the Military’s Anti-Gay Policy (Duke University Press, 1999); and Seeking the Woman in Late Medieval and Renaissance Literature: Essays in Feminist Contextual Criticism, co-edited with Sheila Fisher (University of Tennessee Press, 1989).  Halley’s recent projects include a handbook, What’s Not to Like about Sexual Harassment Law; a paper comparing family law systems entitled Travelling Marriage, and a critique of the rules about sexual violence in war established by the ad hoc courts convened to adjudicate war crimes in Rwanda and the former Yugoslavia.


Noa Ben-Asher joined the Pace Law School faculty in August 2009 from the Associate-in-Law program at Columbia Law School.   She currently teaches Torts; Family Law; and Sexuality, Gender & the Law.  Her recent publications include The Curing Law: On the Legal Evolution of Baby-Making Markets, Who Says ‘I Do’? (Reviewing Judith Butler & Gayatri Spivak, Who Sings the Nation-State?) and The Necessity of Sex Change: A Struggle for Intersex and Transsex Liberties. 
Paola Bergallo is a Professor at the Universidad de San Andrés in Buenos Aires, Argentina.  Her research interests center on feminist critiques of the law, socio-legal theory and constitutional and human rights issues.  She is a founding member of Red Alas, Red de Académicas Latinoamericanas, a network which aims to reform Latin American legal education from a gender and sexuality perspective.
Daniel Bonilla is an Associate Research Scholar in Law, Robina Foundation Human Rights Fellow, and Lecturer in Law at Yale Law School. He is also an Associate Professor of Law and Director of the Public Interest Law Group at Universidad de los Andes in Bogotá, Colombia. His areas of interest include Constitutional Law, Jurisprudence, Public Interest Law, Theories of Justice, Law and Literature, Multiculturalism, Liberalism, and Legal Pluralism.
Mary Anne Case is Arnold I. Shure Professor Law at the University of Chicago Law School. Among the subjects she teaches are feminist jurisprudence, constitutional law, European legal systems, marriage, and regulation of sexuality. While her diverse research interests include German contract law and the First Amendment, her scholarship to date has concentrated on the regulation of sex, gender, and sexuality, and on the early history of feminism. 
Robert S. Chang is a Professor of Law at Seattle University School of Law.  He is the author of more than 35 articles, essays, and chapters published in leading law reviews and books on Critical Race Theory, LatCrit Theory, and Asian American Legal Studies. He has also been engaged in legal advocacy work and was a primary contributor to an amicus brief in support of marriage equality submitted by 63 Asian Pacific American organizations in the Marriage Equality Cases before the California Supreme Court.
 Bridget J. Crawford is Professor of Law at Pace University School of Law.  She teaches Federal Income Taxation; Estate and Gift Taxation; Wills, Trusts and Estates; and Feminist Legal Theory.  Her present scholarship focuses on issues of gender and tax policy.
Adrienne D. Davis is the William M. Van Cleve Professor of Law at Washington University Law School, where she teaches contracts, trusts & estates, and a variety of upper-level legal theory courses, including sex equality, law and literature, and slavery.  Her scholarship emphasizes the gendered and private law dimensions of American slavery. She also does work on feminist legal theory and conceptions of justice and reparations.
Elizabeth F. Emens is a Professor of Law at Columbia Law School.  She specializes in anti-discrimination law, disability law, law and sexuality, family law and contract law.  Her publications include Queering Law: A Queer Theory of Same-Sex Marriage, Monogamy’s Law: Compulsory Monogamy and Polyamorous Existence and Intimate Discrimination.
Karen L. Engle is Cecil D. Redford Professor in Law at The University of Texas School of Law, and founding director of the Bernard and Audre Rapoport Center for the Human Rights and Justice. She is also an affiliated faculty member of Latin American Studies and of Gender and Women's Studies, and is a Senior Fellow at the Robert S. Strauss Center for International Security and Law. She teaches courses and specialized seminars in public international law, international human rights law and employment discrimination. Professor Engle writes and lectures extensively on international human rights law.
Katherine M. Franke is a Professor of Law and Director of the Center of Gender and Sexuality Law at Columbia Law School.  She is currently serving on the Executive Committee of the Institute for Research on Women and Gender and the Steering Committee for the Center for the Critical Analysis of Social Difference at Columbia University.  Her works include The Law School and the University: Rethinking the Study of Law from Within and Without the Law School and Ahmadinejad Comes to Columbia: Sexuality Nationalism and Global Governance.
Aminu Hassan Gamawa is a S.J.D. candidate at Harvard law school (Doctorate of Juridical Science). He is also a Barrister and Solicitor based in Nigeria. His current research topics include inter-ethnic and interfaith conflicts, gender dimension of conflicts, human rights and conflicts, traditional African methods of conflict resolution and international law.
Suzanne B. Goldberg is a Professor of Law and Director of the Center of Gender and Sexuality at Columbia Law School.  She specializes in sexuality and gender law, civil procedure, civil rights, lawyering and social change, equality theory and immigration and asylum related to gender and sexual orientation.  She is the founder and past president of the Board of Directors of Immigration Equality (formerly the Lesbian and Gay Immigration Rights Task Force.
Tracy Higgins is a Professor Law at Fordham University School of Law and Co-Director of the Leitner Center for International Law and Justice.  She has published several articles including We Will Still Live: Confronting Stigma and Discrimination Against Women Living with HIV/AIDS in Malawi and Gender Equality and Customary Marriage: Bargaining in the Shadow of Post-Apartheid Legal Pluralism.  She is currently editing a book entitled The Future of African Customary Law with Jeanmarie Fenrich and Paolo Galizzi (forthcoming Cambridge University Press, 2011). 
Ratna Kapur is a Visiting Professor of Law at Yale Law School and Coca-Cola World Fund Faculty Fellow.  She is Executive Director and Research Head of the Centre for Feminist Legal Research, and also lectures at the Indian Society for International Law.  She is on the faculty of the Geneva School of Diplomacy & International Relations, Geneva, and has served as the Senior Gender Advisor with the United Nations Mission in Nepal. She practiced law for a number of years in New Delhi and now teaches and publishes extensively on issues of international law, human rights, feminist legal theory, and postcolonial theory.  She also works as a legal consultant on issues of human rights for various U.N. bodies, including the Office of the High Commissioner of Human Rights, UNICEF, and the Division for the Advancement of Women.

Helen Kinsella is an Assistant Professor in the Political Science Department at the University of Wisconsin-Madison.  Her research and teaching interests include contemporary political theory, feminist theories, international law, especially international humanitarian and human rights, armed conflict, and especially gender and armed conflict. 

Sally E. Merry is moving full time into the Anthropology Department in the Fall 2010 after three years as Director of the Law and Society Program at New York University, Her research interests include anthropology of law, human rights, colonialism, transnationalism, gender and race and the U.S. Pacific and Asia/Pacific region.  In 2010, I was awarded the J.I. Staley Prize of the School of Advanced Research for her book, Human Rights and Gender Violence (University of Chicago Press, 2006). 
Alice Miller is Lecturer in Residence at Berkeley Law and Senior Fellow at the Miller Institute for Global Challenges and the Law.  She works with local and international NGOs, including Amnesty International, Human Rights Watch, and local and national NGOs.  Her scholarship and policy work has addressed gendering humanitarian law, safe migration and anti-trafficking policies, criminal law, and specifically abolition of the death penalty, women's rights, sexual rights, sexual and reproductive health and LGBT rights. 
Dianne Otto holds a Chair at the Melbourne Law School, Australia, where she is also Director of the International Human Rights Law Programme (IILAH) and Project Director for Peacekeeping (APCML).  She researches in the areas of public international law, human rights law and critical legal theory, with a current focus on gender and sexuality issues in the context of the UN Security Council, peacekeeping and international human rights law.
Teema Ruskola is a Professor in Law at Emory Law, an elected member of the International Academy of Comparative Law and a member of the Executive Editorial Board of the American Journal of Comparative Law. His scholarship addresses questions of legal theory from multiple perspectives, frequently with China as a vantage point. His publications explore the intersection of corporate and family law in China, “legal Orientalism” and the history and politics of Euro-American conceptions of sovereignty in the Asia-Pacific.
Amr Shalakany is an Associate Professor of Law at The American University in Cairo and member at the Institute for Gender and Women’s Studies.  He teaches courses in comparative law, contracts, Islamic Law and Religion, Islamic Law Reform, International Commercial Arbitration, Law and the Visual Arts, and Modern Egyptian Legal History. 
Edward Stein is Vice Dean, Professor of Law, and Director of the program in Family Law, Policy, and Bioethics at the Benjamin N. Cardozo School of Law.  He is the author of numerous articles and books on legal, philosophical, and scientific topics, including The Mismeasure of Desire: The Science, Theory and Ethics of Sexual Orientation and Without Good Reason: The Rationality Debate in Philosophy and Cognitive Science. His current research focuses on issues at the intersection of family law and sexual orientation, gender and the law.

Lara Stemple is the Director of Graduate Studies at UCLA School of Law.  She teaches and writes in the areas of human rights, global health, gender, sexuality, HIV/AIDS, and incarceration.  Stemple currently serves on the Advisory Board of UCLA’s Center for the Study of Women, and she is part of the Leadership Core for the new UC Global Health Institute’s Center of Expertise on Women’s Health and Empowerment.



Ralph Wilde has been a member of the Law Faculty at University College London, University of London since July 2002.  He is also an Adjunct Professor at Georgetown University Law Center.   Wilde is an expert in public international law, and also has an interest in the interface between international law and related academic disciplines, including international relations and legal and political theory. He is also a leading authority internationally on the administration of territory by international organizations and the concept of trusteeship in international law and public policy.  His monograph on this topic, International Territorial Administration: How Trusteeship and the Civilizing Mission Never Went Away, won the Certificate of Merit of the American Society of International Law in 2009.






Conversation 1: What Role for “Women,” “Men,” and Transpeople/Intersex people in Gender Equality?
9:30 – 10:45
Moderator: Noa Ben-Asher, Pace

  Panelists: Mary Anne Case, Chicago
                  Bob Chang, Seattle
                  Adrienne Davis, Washington University
                  Teemu Ruskola, Emory

  Commentator: Edward Stein, Cardozo

Conversation 2:  Human Rights Beyond Sex and Gender

   Moderator: Bridget J. Crawford, Pace

   Panelists: Daniel Bonilla, Universidad de los Andes, Colombia
                  Scott Long, Columbia Law School (SJD)
                  Amr Shalakhany, American University of Cairo (AUC)
                  Lara Stemple, UCLA

  Commentator: Suzanne Goldberg, Columbia

12:00-1:00 LUNCH

Conversation 3: Gender and the Establishment of Human Rights

Moderator: Katherine Franke, Columbia

   Panelists: Karen Engle, Texas
                  Ratna Kapur, Geneva School of Diplomacy and International Relations (visiting Yale Law)
                  Helen Kinsella, Wisconsin
                  Sally Engle Merry, NYU

   Commentator: Tracy Higgins, Fordham

Conversation 4: Prospects for International Gender Norms
2:30-3:45 p.m.

    Moderator: Elizabeth Emens, Columbia

    Panelists: Paola Bergallo, University of San Andres, Argentina
                   Aminu Gamawa, Harvard SJD
                   Alice Miller, Berkeley (visiting Yale Law)
                   Dianne Otto, Melbourne

   Commentator: Ralph Wilde, UCL

4:00-5:30 Keynote Address/ Annual Dyson Lecture: Janet Halley, Harvard
(Introduction: Darren Rosenblum)

Reception 5:30-6:00



Jillian Petrera, Symposium/Promotions Editor
Pace Law Review
Pace Law School
78 North Broadway
White Plains, NY 10603


Professor Darren Rosenblum
Pace Law School
78 North Broadway
White Plains, NY 10603