About the Harvard Journal of Law and Gender
Founded in 1977 and currently on the 49th volume, the Harvard Journal of Law and Gender (originally the Harvard Women’s Law Journal) is the nation’s oldest continuously publishing feminist law journal. JLG is an intersectional feminist publication, devoted to the advancement of feminist jurisprudence and the study of law and gender. We seek to clarify legal issues that have gendered aspects and implications, confront new challenges to full social equality, and explore the interconnections between race, class, sexuality, nationality, ability, and gender in the law.
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Online Content
- Examining Reproductive Rights in the Post-Chevron Era: Federal Agency Confusion, Emboldened Litigators, and the Role of CongressBy Liz McCaman Taylor, Manasi Raveendran, and Vidhi Bamzai* Federal agencies are vital tools for the execution of legislation enacted by Congress, despite frequent condemnation as a mere means of presidential overreach into the legislative process. The Supreme Court of the United States recognizes Congress’ power to establish federal agencies under Article I of the Constitution, along with the powers, duties, and functions of those agencies.[1] In 1984, Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. formally established a legal doctrine that allowed Congress to empower agencies to implement and execute legislation.[2] Chevron had been the guiding principle of administrative law for 40… Read more: Examining Reproductive Rights in the Post-Chevron Era: Federal Agency Confusion, Emboldened Litigators, and the Role of Congress
- Inordinate Delay as Denial: Lessons from Seeking Gender-Affirmation Surgery in PrisonsD Dangaran[1] Justice too long delayed is justice denied. – Dr. Martin Luther King, Jr.[2] This essay underscores and explores a simple legal argument that is currently underutilized, but offers a lot of promise, particularly in light of the Trump administration’s Executive Orders[3]: when a person needs a specific type of medical care, delaying access to that care violates their constitutional and civil rights. That person’s specific context—whether incarcerated or in the free world—dictates exactly which rights are implicated, but the claim exists both behind bars and outside of prison walls. While working at Rights Behind Bars, I served as lead counsel on the… Read more: Inordinate Delay as Denial: Lessons from Seeking Gender-Affirmation Surgery in Prisons
- CRIMINAL JUSTICE FOR SURVIVORS: LESSONS FROM ONLINE REPORTINGDeborah Tuerkheimer* In Online Shaming and the Power of Informal Justice,[1] Hadar Dancig-Rosenberg and Anat Peleg examine a dynamic that has become ubiquitous since #MeToo sparked a global reckoning with sexual abuse.[2] Notwithstanding several high profile instances of both criminal[3] and civil[4] accountability, the #MeToo movement—as reflected in the hashtag—has been largely driven by the practice of “online shaming,” a type of unofficial reporting that names the alleged perpetrator.[5] While survivors’[6] motivations for turning to informal (mostly online[7]) reporting channels vary considerably, these motivations are best understood against a backdrop of massive system failure, particularly on the criminal side, as… Read more: CRIMINAL JUSTICE FOR SURVIVORS: LESSONS FROM ONLINE REPORTING