Digital Commons Network^™

Constitutional Law—State Employees Have Private Cause Of Action Against Employers Under Family And Medical Leave Act—Nevada Department Of Human Resources V. Hibbs, 538 U.S. 721 (2003)., Gabriel H. Teninbaum

ExpressO

The Eleventh Amendment of the United States Constitution provides that non-consenting states are not subject to suit in federal court. Congress may, however, abrogate the states’ sovereign immunity by enacting legislation to enforce the provisions of the Fourteenth Amendment. In Nevada Department of Human Resources v. Hibbs, the Supreme Court of the United States considered whether Congress acted within its constitutional authority by abrogating sovereign immunity under the Family and Medical Leave Act (FMLA), which allows private causes of action against state employers to enforce the FMLA’s family-leave provision. The Court held abrogation was proper under the FMLA and state …

The Best Interest Standard: How Broad Judicial Discretion And Influences Of Social And Political Suggestion Have Led To An Abandonment Of The Rule’S Primary Purpose In Child Custody Decisions, Lakeisha J. Johnson

ExpressO

The vital questions in child custody disputes all concern that which is in the best interest of the child. Historically, interpretations of the “best interest” standard have been founded upon presumptions steeped in the notion of natural rights and duties based largely upon a mix of scientific and subjective conclusions regarding gender-based parenting roles and the need to sustain them. My research demonstrates that, as courts attempt to avoid the decisions of the past and submit to the societal will of the present, the modern application of the “best interest of the child” standard has led unexpectedly to an abandonment …

Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part Two], Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

No abstract provided.

Voices Raised, Issue 06, University Of Dayton. Women's Center

Women’s Center Newsletter

Included in this issue: Immaculate Mary; Grants augment women’s research; Mentoring grows; Women’s Studies take root in the neighborhood; Solution-oriented VP to retire; Muslim students strive to educate, support; Don’t let stress ruin your holidays; Dining services dishes up more than you’d expect; Marianist Images Across Campus; Confronting Disrespect: We Owe it to Each Other.

Intimate Partner Violence And The Justice System: An Examination Of The Interface, Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

Women entering the court system face a challenging experience, in part, because a courtroom can be an intimidating and difficult place for any person, and in part because women victimized by crimes in which the offender is known to them face distinctive difficulties when they seek the court’s remedies. The interface is also made more challenging for women as the literature offers disparate findings as to the efficacy of criminal justice responses and civil remedies. This article briefly explores the unique characteristics of intimate partner violence cases that influence the interface of these victims with the court system.Areviewis provided of …

Images Of Naples: Class, Gender And The Southern Character In Hester Piozzi’S Observations And Reflections, Kelley A. Cason

USF Tampa Graduate Theses and Dissertations

On the tenth of January 1786, Mrs. Hester Lynch Piozzi recorded her entrance into the city of Naples, Italy in her travel journal Observations and Reflections Made in the Course of a Journey Through France, Italy, and Germany. She emphasized the importance of her experience in Naples by stating that: "among all the new ideas I have acquired since England lessened to my sight upon the sea, those gained at Naples will be the last to quit me." This British woman's stay in Naples was but a brief period within her three year long Grand Tour, yet it represented …

Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part One], Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

No abstract provided.

Gender Bias And The Legal Profession: A Discussion Of Why There Are Still So Few Women On The Bench, Leah V. Durant

Women, Leadership & Equality

No abstract provided.

Voices Raised, Issue 05, University Of Dayton. Women's Center

Women’s Center Newsletter

Included in this issue: Our Common Ground; Team works to stop discrimination; Mentoring program; Expanding the Conversation; Research earns student accolades; Allies more than just a “safe space”; How risky is getting pierced?; What I wish we would have known; UD Women Conquer; Women’s Suffrage; Which comes first, race or sex.

2004 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 16

An Interview with Kathy Greenberg, page 23

A Free, Informed, and Courageous Press Insures National Security, page 27

The Guantanamo Detainee Case, page 32

Baghdad Diary, page 36

Using the Power of Imagination to Heal a Violent World, page 40

Alumni News & Notes, page 44

Finding A Place For Women In Australian Cultural History: Female Cultural Activism In Sydney, 1900-1940, Jane Hunt

Jane Hunt

With only a few exceptions, the endeavours of culturally active women appear as irrelevant or marginal to the history of Australian culture. Australian cultural historiography dwells on antithetic relationships, whether between cultural-political elites, gendered spaces and practices, or elitist and popular culture. However, this historical preoccupation with dichotomous notions of class, gender, and culture has deflected attention from other aspects of the struggle to define culture. Cultural definitions were far from fixed for most of the first half of the twentieth century in Australia. Negotiations on what constituted appropriate cultural form, content, and practice are apparent inside and outside establishment …

Moving Target: The Dilemma Of Serving Massachusetts Poor Families, Randy Albelda

New England Journal of Public Policy

While Community Action Agencies’ original mission of serving the poor has changed little over the last three decades, government commitments to the poor, the population of poor individuals and families, and women’s economic expectations have changed considerably. This article documents the trends in family structure, women’s employment patterns, and poverty policies in Massachusetts between 1970 and 2000. The increase in poor, single-mother families and poverty policies that emphasize employment present dynamic challenges for Community Action Agencies (and others who serve the poor), but also create some new organizing opportunities.

Designing A Pre-Apprenticeship Model For Women Entering And Succeeding In The Construction Trades, Susan Moir Scd, Elizabeth Skidmore

Labor Studies Faculty Publication Series

It has been over a quarter century since the Carter administration set a goal of increasing the number of women working in the construction industry to 6.9% of the workforce. It is often overlooked that the stated intent of this policy initiative was for women to make up 25% of construction workers by the year 2000 (Eisenberg, 1999). While some isolated projects have met or exceeded the 6.9% target, the number of women working in the construction trades nationally increased in the first few years after 1979, but leveled off at under 3% in the early 1980’s and has stayed …

What Mothers Want: Welfare Reform And Maternal Desire, Patricia K. Jennings

The Journal of Sociology & Social Welfare

In this study I use participant observations,face-to-face interviews, and focus group interviews to examine how women on welfare read and negotiate culture-of-poverty discourse and the imagery that this discourse spawns. I spoke with two groups of young single mothers receiving welfare. The first group included young mothers between the ages of 18 and 23 who were attending high school in a community-based program that served women on welfare. The second group included mothers in their early to mid 20's who were attending either a local two-year college or research university. Education was a path of resistance for the women in …

Paradoxes Of Health And Equality: When A Boy Becomes A Girl, Noa Ben-Asher

ExpressO

This paper is about an unusual child custody dispute between the parents of a six-year-old child and the child welfare services of Franklin County, Ohio. The conflict emerged when the child’s parents complied with their male child’s professed desire to be treated as a girl by attempting to enroll the child in the first grade as a girl. The paper treats this case as an exemplary test-case of contemporary co-dependence between scientific-medical discourse and liberal-rights discourse. The paper analyzes the positions of the two sides of the custody dispute according to the classic modern distinction between mind and body. On …

The Duchess' Privy Chamber: Early Modern Marriage Law And The Eviction Of Women From The Public Sphere In John Webster's "Duchess Of Malfi" , Carla Spivack

ExpressO

The Duchess’ Privy Chamber: Early Modern Marriage Law and the Eviction of Women from the Public Sphere in The Duchess of Malfi (argues that the symbolism in Webster’s Duchess of Malfi systemically undoes the iconography of Elizabethan power; that images taken from the legal descriptions of marriage work in the play to replace the image of woman as political ruler in the public sphere with woman as wife sequestered in the private sphere).

Textual Harassment: A New Historicist Reappraisal With Gender In Mind, Hila Keren

ExpressO

No abstract provided.

The Alley Behind First Street, Northeast: Criminal Abortion In The Nation's Capital 1873-1973, Douglas R. Miller

ExpressO

The thirtieth anniversary of Roe v. Wade found our country no less divided over abortion than it was during the era of its prohibition. As the bitter struggle over judicial nominations throughout the present administration suggests, abortion’s future remains at the forefront of American political debate.

In their push for increased limitations, abortion opponents generally overlook the historical consequences of prohibition. Abortion rights proponents often invoke history in their opposition to new restrictions, but tend to do so superficially, and only in a manner that supports their position.

This article attempts a more complex study of criminal abortion’s legal and …

Achieving Batterer Accountability In The Child Protection System, Leigh Goodmark

ExpressO

No abstract provided.

Textual Harassment: A New Historicist Reappraisal, Hila Keren

ExpressO

This year marks the four hundredth anniversary of the Parol Evidence Rule, the rule that dictates that the interpretation of a written contract should be determined solely according to its text and not influenced by prior contradictory external information. This article uses the occasion to offer a fresh interdisciplinary view of the Rule. The analysis presents a unique contribution to the heated debate regarding the desired levels of formalism and textualism in present-day contract law, by using New-Historicist tools.

Unexplored aspects of the roots of the Rule are illuminated through an in-depth investigation of the first case of the contractual …

Women's Response To Spousal Unemployment: Economic, Labor Force, And Family Constraints, Elizabeth Miklya Legerski

Theses and Dissertations

Using data collected from 29 interviews with the wives of steelworkers who were forced into unemployment, I explore the conditions and factors that shape women's choices in response to their husbands' job loss. Access to a unique and under-studied sample of women married to unemployed working-class men necessitates the use of grounded theory research techniques that allow me to "give voice" to working-class women.

From Petticoats To Briefs: History Of Women At The University Of Missouri-Kansas City School Of Law, Robert C. Downs, Brooke Grant, Elizabeth Sterling

Faculty Works

The story of women in American society has largely been defined and recorded by men and the institutions that men have dominated for most of the past two hundred-odd years. Women have been denied access to education, employment, political power and other benefits of social intercourse by exclusion, intimidation, ridicule and patronization. The experience of women in law school is one part of that experience. Law school is an arduous undertaking whether one is male or female. Gaining admission to modern law schools requires talent and demonstrated academic performance in a competitive environment. But in the nineteenth century, the foremost …

A Fickle Thermometer Of Womens Health: Carioca Medical Professionals And Gynecology, 1836-1842', Suzanne M. Schadl

Latin American Collections Publications

In English: This essay examines how medical professionals in Rio de Janeiro during the late 1830s relied on language and historical representation to further inscribe gendered, racial, and class distinctions that enabled a select group of men to make women and their personal hygiene objects of study. Medical writers combined experimental studies of race, class, and ethnicity with historical discussions of gender to form and present rhetorical differences in scientific terms. Though many of these professionals themselves as objective, they used linguistic tools to investigate and to prove or disprove their hypotheses, always drawing also from cultural myths, in this …

Caring As Catalyst; A Model For Health Possibilities, Brenda A. Becker

Theses and Graduate Projects

This graduate field project presents a conceptual model based on the theoretical frameworks of Brentano, Frankl, Rogers, Merry, Benner, and Wrubel and is designed to facilitate the life journey to more complex levels. The model has a foundation in chaos theory and in the search for meaning. Key concepts of catalyst, presence, polarization, and participation are defined and described. Presence is defined at three levels: physical, psychological, and therapeutic. Participation is defined as a sharing of the life and experience between nurse and person. Polarization, or change in pattern, is also defined at three levels: active, collaborative, and passive. The …

“Which One Of You Did It?” Criminal Liability For “Causing Or Allowing” The Death Of A Child, Lissa Griffin

ExpressO

No abstract provided.

Heavenly Venus: Mary Magdalene In Renaissance Noli Me Tangere Images, Michelle Lambert-Monteleon

USF Tampa Graduate Theses and Dissertations

Mary Magdalene has fulfilled many roles since she was first mentioned in the New Testament. Some of the most popular characters she has played are as First Witness to Christ's resurrection, follower and companion of Christ, Apostle to the Apostles, penitential whore, and exemplar for Christian women. This thesis was researched and written to explore some of these personae as they appear in Renaissance images of the Noli Me Tangere scene. The Noli Me Tangere story, which describes Christ's post-resurrection appearance to Mary Magdalene, comes from the Gospel of John Chapter 20:12-15. Until the fourteenth century the Noli Me Tangere …

Community And Land Attachment Of Chagga Women On Mount Kilimanjaro, Tanzania, Elizabeth Parnell Carr

Theses and Dissertations

Chagga women who control land on Mt. Kilimanjaro, Tanzania, have a deep and profound sense of attachment to their lands and homes. This thesis compares their reasons for attachment to the systemic model. The systemic model states that community attachment is dependent on social ties and interactions. The three factors that lead to these ties are length of residence, social status, and age. In-depth interviews with women in 2002 and 2003, a survey from 2002, and field notes from 2002 and 2003 are used to explain the main factors of attachment of women in three villages on the mountain: Mbahe, …

Margaret Cavendish And Scientific Discourse In Seventeenth-Century England, Alisa Curtis Bolander

Theses and Dissertations

Although the natural philosophy of Margaret Cavendish is eclectic and uncustomary, it offers an important critique of contemporary scientific methods, especially mechanism and experimentalism. As presented in Observations upon Experimental Philosophy and Blazing World, Cavendish's natural philosophy incorporates rationalistic and subjective elements, urging contemporary natural philosophers to recognize that pure objectivity is unattainable through any method of inquiry and that reason is essential in making sense and use of scientific observation.

In addition to its scientific implications, Cavendish's three-tiered model of matter presents interesting sociopolitical associations. Through her own use of metaphor and her theoretical fusion of matter and motion, …

Profitable Proposals: Explaining And Addressing The Mail-Order Bride Industry Through International Human Rights Law, Vanessa Brocato

San Diego International Law Journal

This Article looks at the MOBI in the United States through the lens of international human rights. Part II will describe the MOBI. Part III will evaluate the MOBI within an international human rights framework. Part IV will examine current U.S. legislation relating to the MOBI. Part V suggests strategies for addressing the MOBI. Nations will not be able to solve the problem independently because the MOBI is a transnational phenomenon. Conducting a critique of marriage brokers in a human rights context can help place problems caused by the MOBI at the forefront of international debate. Applying current human rights …

Tribal Jurisdiction And Domestic Violence: The Need For Non-Indian Accountability On The Reservation, Amy Radon

University of Michigan Journal of Law Reform

Domestic violence is a severe problem for tribes across the nation, as their female members are victimized at highly disproportionate rates compared to members of dominant society. Many tribes have sophisticated domestic violence codes to combat the problem, but they are powerless to prosecute the majority of those who will abuse Indian women: non-Indian men. In 1978 the Supreme Court stripped tribes of their power to prosecute non-Indians in criminal matters, which not only damaged tribal sovereignty but also meant the difference between a life free from abuse and one with constant fear, intimidation, and pain for Indian women.

The …