Digital Commons Network^™

Gender Specific Differences In The Pros And Cons Of Smoking Among Current Smokers In Eastern Kentucky: Implications For Future Smoking Cessation Interventions, Dana A. Hazen, David M. Mannino, Richard Clayton

David M. Mannino

This study investigated gender differences in the perceived “pros” and “cons” of smoking using the constructs of decisional balance (DB) and stage of change from the Transtheoretical Model. The population distribution for stage of change among a population-based, cross-sectional survey of 155 current smokers over 40 years was: precontemplation (22.6%), contemplation (41.9%), preparation (35.5%). Results of stepwise regression models indicated significant gender differences in DB were in the preparation stage of change; scores on the DB measure increased 3.94 points (95% CI: 1.94, 5.93) for male smokers. Interventions targeting the “pros” and “cons” of smoking may need to be gender …

Gender And Justice: Parity And The United States Supreme Court, Paula A. Monopoli

Paula A Monopoli

There is a deep concern among many American women that only one woman remains on the United States Supreme Court. When Justice Sandra Day O’Connor was sworn in on September 25, 1981, most people never imagined that twenty-five years later there would still be only one woman on the Court. It appears that it will be many more years before there is a critical mass of women sitting on the high court. Given its central role, the Court should better represent the gender balance in American society. In a number of other countries, voluntary or involuntary parity provisions have been …

The Harry Potter Lexicon And The World Of Fandom: Fan Fiction, Outsider Works, And Copyright, Aaron Schwabach

Aaron Schwabach

Fan fiction, long a nearly invisible form of outsider art, has grown exponentially in volume and legal importance in the past decade. Because of its nature, authorship, and underground status, fan fiction stands at an intersection of issues of property, sexuality, and gender. This article examines three disputes over fan writings, concluding with the recent dispute between J.K. Rowling and Steven Vander Ark over the Harry Potter Lexicon, which Rowling once praised and more recently succeeded in suppressing. The article builds on and adds to the emerging body of scholarship on fan fiction, concluding that much fan fiction is fair …

Passions We Like...And Those We Don't: Anti-Gay Hate Crime Laws And The Discursive Construction Of Sex, Gender, And The Body, Yvonne Zylan

Yvonne Zylan

This article examines an oft noted, but largely unexplored, aspect of law’s functioning: its ability to constitute social reality. Specifically, I investigate the ways in which law helps define and delimit sexuality as a set of practices, experiences, and identifications. I do so by analyzing the discursive dimensions of anti-gay hate crime laws, demonstrating that such laws produce discrete discursive objects (doctrine and argument) within a specific set of institutional practices (the juridical field), and that these objects and practices in turn legitimate certain limiting narratives, instantiating them as social knowledge and as the ground of sexed and gendered performances. …

Left Hand, Third Finger: The Wearing Of Wedding (Or Other) Rings As A Form Of Assertive Conduct Under The Hearsay Rule, Peter Nicolas

Peter Nicolas

In this manuscript, I examine the social phenomena of making use of what I call “ring evidence” to determine an individual’s marital status or sexual orientation. More specifically, I note the common practice of identifying people as married based on the presence of a ring on the ring finger of the left hand, as gay and in a committed relationship based on the presence of a ring on the ring finger of the right hand, and as single based on the absence of a ring.

Next, I identify two problems with making use of ring evidence to draw conclusions about …

Redefining Harm, Reimagining Remedies And Reclaiming Domestic Violence Law, Margaret Johnson

Margaret E Johnson

Women subjected to domestic violence are disserved by the civil domestic violence laws that should effectively address and redress their harms. The Civil Protective Order [CPO] laws should remedy all domestic abuse and not solely physical violence or criminal acts. All forms of abuse, including psychological, emotional, economic and physical abuse, cause severe emotional distress, physical harm, isolation, sustained fear, intimidation, poverty, degradation, humiliation, and coerced loss of autonomy. Moreover, all abuse is interrelated, because, as researchers have demonstrated, most domestic violence is the fundamental operation of systemic oppression through the exertion of power and control. Given the effectiveness of …

Gender And The Chinese Legal Profession In Historical Perspective: From Heaven And Earth To Rule Of Woman?, Mary Szto

Mary Szto

This article first discusses the current phenomenon of women judges and male lawyers in China. Many women have joined the ranks of the Chinese judiciary because this is considered a stable job conducive to caring for one’s family, as opposed to being a lawyer, which requires business travel and heavy client entertaining. I then trace this phenomenon to ancient views of Heaven, earth, gender and law in China. In this yin/yang framework, men had primary responsibility for providing sustenance for both this life and the life to come and women were relegated to the “inner chambers”. Also, law was secondary …

Of Authorship And Audacity: An Empirical Study Of Gender Disparity And Privilege In The “Top Ten” Law Reviews, Minna J. Kotkin

Minna J. Kotkin

In today’s law schools, article placement is a significant consideration in hiring, promotion, tenure, and lateral mobility. This article analyzes authorship by gender and home school “privilege” in 15 law reviews (the “top ten”) over a three year period. It compares these data with the gender composition of the professoriate and of the 15 schools’ faculties, using Association of American Law Schools and American Bar Association statistics. The mean percentage of articles authored by one or more women (and no men) is 20.3. Nationally, women comprise 31% of the tenured/tenure-track professoriate and 28.3% at the 15 schools. At the associate …

Nietzsche/Pentheus: The Last Disciple Of Dionysus And Queer Fear Of The Feminine, C. Heike Schotten

C. Heike Schotten

No abstract provided.

Dangerous Woman: Elizabeth Key's Freedom Suit - Subjecthood And Racialized Identity In Seventheenth Century Colonial Virginia, Taunya Lovell Banks

Taunya Lovell Banks

Elizabeth Key, an African-Anglo woman living in seventeenth century colonial Virginia sued for her freedom after being classified as a negro by the overseers of her late master’s estate. Her lawsuit is one of the earliest freedom suits in the English colonies filed by a person with some African ancestry. Elizabeth’s case also highlights those factors that distinguished indenture from life servitude—slavery in the mid-seventeenth century. She succeeds in securing her freedom by crafting three interlinking legal arguments to demonstrate that she was a member of the colonial society in which she lived. Her evidence was her asserted ancestry—English; her …

Tax Equity, Anthony C. Infanti

Anthony C. Infanti

Simply put, this article stands the traditional concept of tax equity on its head. Challenging the notion that tax equity is an unequivocal good, this article deconstructs the concept of tax equity to reveal the subtle, yet pernicious ways in which it shapes tax policy debates and impinges upon contributions to those debates. The article describes how tax equity, with its narrow focus on “income” as the sole relevant metric for judging tax fairness, presupposes a population that is homogeneous along all other lines. Through this insidious homogenization, tax equity performs both a sanitizing and a screening function in the …

What Is Hegemonic Masculinity?, Mike Donaldson

Mike Donaldson

Hegemonic masculinity is a powerful idea that has been usefully employed for about twenty five years (by 2007) in a wide variety of contexts and has now been subject to much critical review. Its successful application to a wide range of different cultures suggests that there may well be no known human societies in which some form of masculinity has not emerged as dominant, more socially central, more associated with power, in which a pattern of practices embodying the "currently most honoured way" of being male legitimates the superordination of men over women. Hegemonic masculinity is normative in a social …

Negotiating Difference: Singaporean Women Building An Ethics Of Respect, Lenore T. Lyons

Lenore Lyons

Extract: The problem of difference emerged as a significant issue in western feminist theory making during the 1980s-1990s. In response to claims that western feminism ignored the lives and voices of third world women1, attention was increasingly been placed on the need to forge broad-based coalitions that embrace difference and commonality. But, in the call to build coalitions, little work focused on the meaning of difference in the everyday lives of feminist activists; how do feminists work with women who are different to themselves? In this paper I examine the lives of women who belong to the Singaporean feminist organisation …

Marriage And Divorce: Changes And Their Driving Forces, Betsey Stevenson, Justin Wolfers

Betsey A Stevenson

We document key facts about marriage and divorce, comparing trends through the past 150 years and outcomes across demographic groups and countries. While divorce rates have risen over the past 150 years, they have been falling for the past quarter century. Marriage rates have also been falling, but more strikingly, the importance of marriage at different points in the life cycle has changed, reflecting rising age at first marriage, rising divorce followed by high remarriage rates, and a combination of increased longevity with a declining age gap between husbands and wives. Cohabitation has also become increasingly important, emerging as a …

Sacrifice And Civic Membership: Who Earns Rights, And When?, Julie Novkov

Julie Novkov

This paper considers two moments that scholars generally agree featured advances for African Americans’ citizenship – the end of the Civil War and Reconstruction, and World War II and its immediate aftermath – and reads these moments through lenses of race and gender. I consider the conjunction of acknowledged sacrifices and contributions to the state, the rights advances achieved, and the gendered and racialized conceptions of citizen service emerging out of both post-war periods. This conjunction suggests that the kind of citizenship that people of color gained during and after wartime crises depended upon gendered and racialized hierarchies that valued …

Transcending Gender: How The Absence Of A Consistent Legal Definition Of Gender Creates A Legal Limbo For Transgendered Individuals In The Context Of Marriage, Shawn C. Ellison

Shawn C Ellison

In cases in which the validity of a marriage is in dispute, will courts accept the new gender of a post-operative transsexual? Does a person’s sense of sexual identity have any legal bearing on his or her legal gender? Courts have split on these questions. Many courts seek guidance from a 1970 English case, Corbett v. Corbett, in which the court, relying on its own three-prong congruency standard, ruled against the transsexual. This paper examines Corbett and its legacy. The paper also addresses the issue of how such rulings affect people with physical intersex conditions.

Economists, Value Judgments, And Climate Change: A View From Feminist Economics, Julie Nelson

Julie A. Nelson

A number of recent discussions about ethical issues in climate change, as engaged in by economists, have focused on the value of the parameter representing the rate of time preference within models of optimal growth. This essay examines many economists' antipathy to serious discussion of ethical matters, and suggests that the avoidance of questions of intergenerational equity is related to another set of value judgments concerning the quality and objectivity of economic practice. Using insights from feminist philosophy of science and research on high reliability organizations, this essay argues that a more ethically transparent, real-world-oriented, and flexible economic practice would …

Comparing The Effects Of Various Whole-Body Vibration Accelerations On Counter-Movement Jump Performance, David M. Bazett-Jones, Holmes W. Finch, Eric L. Dugan

Eric L. Dugan

While it seems that whole body vibration (WBV) might be an effective modality to enhance physical performance, the proper prescription of WBV for performance enhancement remains unknown. The purpose of this study was to compare the immediate effect of various WBV accelerations on counter movement jump (CMJ) height, the duration of any effect, and differences between men and women. Forty-four participants (33 men, 11 women) participated in no less than four CMJ familiarization sessions and completed all vibration sessions. Participants performed a pre-test (three maximal CMJs), followed randomly by one of five WBV accelerations; 1g (no-WBV control), 2.16g, 2.80g, 4.87g, …

Gender And The Legal Profession: The Michigan Alumni Data Set 1967-2000, Kenneth G. Dau-Schmidt, Marc S. Galanter, Kaushik Mukhopadhaya, Kathleen E. Hull

Kenneth G. Dau-Schmidt

The entry of women into the legal profession has forever changed both lawyers and the profession. In the brief period since the 1970’s, women have gone from a few brave pioneers constituting 3% of the bar to almost half of all new law students and a third of practicing attorneys. Women have brought to the profession a different set of assets and problems than men, focusing attention on the problem of balancing work and family in a way not previously experienced by the profession. In this study, we use the University of Michigan Law School Alumni Data Set to undertake …

Tax As Urban Legend, Anthony C. Infanti

Anthony C. Infanti

In this essay, I review UC-Berkeley history professor Robin Einhorn’s book, "American Taxation, American Slavery." In this provocatively-titled book, Einhorn traces the relationship between democracy, taxation, and slavery from colonial times through the antebellum period. By re-telling some of the most familiar set piece stories of American history through the lens of slavery, Einhorn reveals how the stories that we tell ourselves over and over again about taxation and politics in America are little more than the stuff of urban legend.

In the review, I provide a brief summary of Einhorn’s discussion of the relationship between slavery and (1) colonial …

Gendered Quests: Analysis, Revelation And The Epistemology Of Gender In Neera's "Teresa", "Lydia" And "L'Indomani", Silvia Valisa

Silvia Valisa

This essay is devoted to Milanese fin-de-siècle writer Neera, more specifically to the three novels composing her “ciclo della donna giovane” (the young woman’s cycle). I examine the striking similarity of the epistemological projects of the three heroines, i.e. their attempt to combine an analytical project with a revelatory structure in order to overcome their contradictory status of narrative subjects and social objects. I consider these projects "gendered" in that they are quests disturbed by a structural and epistemological bias that forecloses a full access to experience and knowledge. The different outcomes of the quests are determined by these women’s …

Gender Equity In College Athletics: Women Coaches As A Case Study, Deborah L. Rhode, Christopher J. Walker

Christopher J. Walker

As Title IX celebrates its thirty-fifth anniversary, many have noted its enormous positive effect on women's sports. But an unintended and too-often neglected byproduct is that as opportunities for female students have increased, opportunities for female professionals have declined. This Article focuses on the barriers that still confront women in college athletics, particularly those who seek professional positions in coaching and administration. Part I presents a brief overview of Title IX, which makes clear its limitations in securing gender equity. Part II.A discusses the declining representation and lower success rate of women coaches, while Part II.B explores the areas of …

Place Matters: Domestic Violence And Rural Difference, Lisa R. Pruitt

Lisa R Pruitt

This Article considers the phenomenon of domestic violence in relation to the rural-urban axis. Written for a symposium commemorating the 25th anniversary of the Feminism and Legal Theory Project at the University of Wisconsin, it assesses the difference that rurality makes to the occurrence, investigation, prosecution, and judicial decision-making regarding this crime. Among the factors analyzed are spatial or geographic isolation, along with the social isolation and lack of anonymity it fosters; severe economic disadvantage; the entrenched nature of rural patriarchy; and legal actors who are often ill-informed about domestic violence and constrained by limited resources. These rural differences are …

Ethnic And Gender Satisfaction In The Military: The Effect Of A Meritocratic Institution, Jennifer H. Lundquist

Dr. Jennifer H. Lundquist

This article reevaluates traditional racial and gender disparities in the work satisfaction literature by examining the U.S. military: an institution that has ameliorated many racial inequalities while exacerbating gender conflict. The military departs from civilian society in some analytically useful ways, making it a unique, though underutilized, setting for examining inequality. Using data from the Pentagon’s 1999 Survey of Active Duty Personnel (SADP), results suggest that black males and females, Latino males and females, and white females all experience greater perceived benefits to military service than do white males along several dimensions of self-assessed job satisfaction and quality of life. …

Acculturation, Allen Gnanam

Allen Gnanam

Acculturation is an experience/ phenomenon that occurs when groups of individuals with different cultural backgrounds engage in on going/ continuous physical contact, which in turn causes one or more of the different cultures too experience adaptation/ a change in their original cultural practices (Berry, 1997); (Berry, 2008). Acculturation is a phenomenon that occurs at a macro level/ group level and a micro level/ individual level, and this means that an individual of a certain ethnic minority group can experience acculturation differently than their ethnic minority group (Berry, 1997). Macro level acculturation occurs when the original culture of a specific ethnic …

Rural Families And Work-Family Issues, Lisa Pruitt

Lisa R Pruitt

This essay, an entry for the on-line Sloan Work and Family Encyclopedia, provides an overview of work-family challenges in the context of rural America. Among the issues addressed are lack of economic diversification and opportunity; deficits in human capital; the dearth of childcare, transportation and other services that facilitate employment; and the deeply entrenched character of gender roles in rural societies. The entry discusses not only concerns related to rural socioeconomic disadvantage, but also those arising from the distances that separate rural residents from work, educational opportunities, and services. The essay notes that rural families are sometimes disserved by policies …

Justice Kennedy's Gendered World, David S. Cohen

David S Cohen

As part of the South Carolina Law Review's symposium on the Roberts Court and Equal Protection, this essay looks at Justice Kennedy's sex discrimination jurisprudence. With the new Court, it's natural to be concerned with how the two new Justices might vote in upcoming sex discrimination cases. However, in this essay, I assume what has been the case so far from Chief Justice Roberts and Justice Alito - that they are reliable votes joining Justices Scalia and Thomas on the Court's more conservative wing. The Justice most people should focus on now is Justice Kennedy, the new median Justice now …

A Community Of Sentiment: Indo-Fijian Music And Identity Discourse In Fiji And Its Diaspora, Kevin C. Miller

Kevin C. Miller

Through an historical and ethnographic account of Indo-Fijian music and related cultural practices, this dissertation examines the co-implicative relationship between music making and collective identity formation. Indo-Fijians, who compose about 37 percent of Fiji’s current population, descend primarily from colonial-era Indian laborers. Specifically, I interpret discourses about music and discourses of music to query three broad intersections of musical performance and “community”: 1) the “subethnic,” in which the heterogeneous “Indo-Fijian community” negotiates internal difference; 2) the national, in which fraught social and political relationships between Indo-Fijians and indigenous Fijians—the majority population—inhibit their co-authoring of the nationstate; and 3) the transnational, …

Not Just A Business Transaction: The Logic And Limits Of Grandparental Childcare Assistance In Taiwan, Shirley Hsiao-Li Sun

Shirley SUN

How does the presence of grandparents in the household impact the gendered division of childcare responsibilities between spouses? How does it compare with market-based care? Drawing on in-depth interview data, this study finds that Taiwanese grandparents treat childcare assistance as their moral responsibility. Mothers express more appreciation for assistance from their own mothers than their mothers-in-law. Fathers appreciate the role of both their parents and their in-laws. The analysis suggests that the character of intergenerational relations is one of the factors mediating the degree to which married women's entrnace into the paid labour force results in the perceived childcare deficit.

Widow's Pension And Gender Equality: Runkee V. United Kingdom, Mel Cousins

Mel Cousins

The long litigation saga involving the compatibility of UK legislation on survivors’ benefits appears to have come to a (not particularly glorious) end with the European Court of Human Rights’ (ECtHR) decision in Runkee and White v United Kingdom. This case involved a challenge to the compatibility of national law on the payment of widows’ pensions solely to women, similar to that considered by the House of Lords in Hooper and the ECtHR came to a similar conclusion holding that UK law was not incompatible with the European Convention on Human Rights.