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The Critical Tax Project, Feminist Theory, And Rewriting Judicial Opinions, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

Introduction to Symposium on Feminist Judgments: Rewritten Tax Opinions.

The Critical Tax Project, Feminist Theory, And Rewriting Judicial Opinions, Anthony C. Infanti, Bridget J. Crawford

Articles

In this essay, the authors discuss the intellectual foundations for their co-edited book, Feminist Judgments: Rewritten Tax Opinions (2017), the first in a series of subject-matter specific volumes published in the U.S. Feminist Judgments Series by Cambridge University Press. Using only the facts and precedents in existence at the time of the original opinion, the contributors to this and other feminist judgments projects around the globe seek to show how application of feminist perspectives could impact, or even change, the holding or reasoning of judicial decisions. Underlying Feminist Judgments: Rewritten Tax Opinions is the belief that the study of taxation …

Plastic Injuries, Anne Bloom

Anne Bloom

Perceptions of injuries are culturally mediated, mutable, plastic. In tort litigation, however, the cultural plasticity with which we perceive and experience injuries is often ignored. This Article explores the cultural plasticity with which we perceive injuries through the lens of plastic surgery litigation. It argues that determinations of injury in plastic surgery litigation turn on the culturally biased — and highly mutable — perceptions of medical professionals. More broadly, the Article argues that culture shapes perceptions of injuries in tort litigation as a whole. To make these points, the Article examines a prototypical plastic surgery case and surveys a range …

Feminist Oral History Practice In An Era Of Digital Self-Representation, Margo Shea

Margo Shea

Inharmonic Resonance: Music And Temporality In Literature Of The Long Nineteenth Century, Sarah Elizabeth Cash

Open Access Dissertations

This project examines the way nineteenth century authors use music in their work to complicate social expectations and hierarchies. These authors use music as a fluid metaphor for subversive possibilities that work against hegemonic readings of the text. By “music” I mean representations of people playing and listening to music, discussions of music in text, and the production of musicality through language. I posit that music confounds its own seemingly measured structure through the nature and movement of sound. Thus, “music” can operate in written text as a non-linear and non-cyclical temporal sound space, revealing cracks or ruptures in dominant …

"The Habits Of History": A Research-Based Play Script, Dorothy Morrissey

The Qualitative Report

In this article, derived from her doctoral dissertation, the author (a teacher educator in drama in Ireland) presents her students’ initial responses to her performance of a one-woman play, “Goldilocks’s Testimony.” The play, written by the author, concerns the marginalisation of women in workplaces. In the play, women’s “real” experiences of workplace marginalisation are transposed to Fairyland. In this article, the author represents her postgraduate student teachers’ responses to her performance in play script format. In this play script, “The Habits of History” (Olsen, 2003), the students’ responses are also transposed to Fairyland.

Preliminary Findings Of A Phenomenological Study Of Middle Eastern Women’S Experiences Studying Engineering In Ireland, Shannon Chance, Bill Williams

Conference papers

This paper reports analysis of phenomenological interviews conducted with eight women studying engineering, all Arabic speakers and practicing Muslims, and all from the countries of Oman and Kuwait. Data were collected as part of a larger study of women’s experiences learning engineering in institutions of higher education in Poland, Portugal, and Ireland. The eight women contributing data for the analysis for this paper were all enrolled on engineering degree programs in Dublin, Ireland, where they studied together. The larger study involves conducting longitudinal data via interviews with 47 women around Europe to understand what their undergraduate experiences in STEM have …

White Male Privilege: An Intersectional Deconstruction, Matthew J. Etchells, Elizabeth Deuermeyer, Vanessa M. Liles, Samantha M. Meister, Mario Itzel Suárez, Warren L. Chalklen

Teacher Education and Leadership Faculty Publications

This research saliently deconstructs the philosophical writing of a white, privileged male by five diverse academic peers by using a methodology of deconstruction to analyze the initial author's writing. Their reflects on his nascent perspectives address the stages of racism, mea culpa, the relationship between privilege, oppression, and classism, a feminist perspective, binary, and intersectionality. Further analysis connote for the need to deconstruct privilege in a literary context and to develop an autoethnography to fully delve into privilege beyond a superficial and neglectful narrative.

Frida's Daughter, Myrta Vida

Theses

The purpose of my creative writing is to highlight a group of U.S. citizens still woefully underrepresented in literature proper: the Latinx middle class. I’m keenly interested in exploring Puerto Rican and first- and second-generation Latinx immigrant stories. Even though some of the experiences from these groups have been elegantly visited by writers such as Giannina Braschi, Sandra Cisneros, Junot Diaz, Julia Alvarez, and others, there are nuances to the Latinx middle class experience that are yet to be uncovered. Being stuck in the cultural, linguistic, socio-economic, and political middles in a country that has recently taken a largely nationalist …

Blurring The Lines: The Ambiguity Of Gender And Sexuality In Ulysses, Samantha Heffner

The Expositor: A Journal of Undergraduate Research in the Humanities

One of the most memorable episodes in James Joyce’s Ulysses occurs in the “Circe” chapter, when Leopold Bloom is transformed into a woman during his masochistic encounter with Bella Cohen, who herself transforms into a man. This gender swap is often cited as the culmination of Bloom’s feminine nature in the novel—not only is he the “new womanly man,” but he has also literally become a new woman (16.1798-1799). Such a confusion of gender has inspired a wide array of responses as critics attempt to wrestle with this rather confusing—if endearing—modern Ulysses. Bloom’s effeminate nature has also given rise to …

I Hate It, But I Can't Stop: The Romanticization Of Intimate Partner Abuse In Young Adult Retellings Of Wuthering Heights, Brianna R. Zgodinski

ETD Archive

In recent years, there has been a trend in young adult adaptations of Wuthering Heights to amend the plot so that Catherine Earnshaw chooses to have a romantic relationship with Heathcliff, when in Bronte’s novel she decides against it. In the following study, I trace the factors that contribute to Catherine’s rejection of Heathcliff as a romantic partner in the original text. Many critics have argued that her motives are primarily Machiavellian since she chooses a suitor with more wealth and familial connections than Heathcliff. These are indeed factors; however, by engaging with contemporary research on adolescent development, I show …

Introduction To Feminist Judgments: Rewritten Tax Opinions, Anthony C. Infanti, Bridget J. Crawford

Book Chapters

Could a feminist perspective change the shape of the tax law? Most people understand that feminist reasoning has tremendous potential to affect, for example, the law of employment discrimination, sexual harassment, and reproductive rights. Few people may be aware, however, that feminist analysis can likewise transform tax law (as well as other statutory or code-based areas of the law). By highlighting the importance of perspective, background, and preconceptions on the reading and interpretation of statutes, Feminist Judgments: Rewritten Tax Opinions shows what a difference feminist analysis can make to statutory interpretation. This volume, part of the Feminist Judgments Series, brings …

Gender Reflections: A Reconsideration Of Pictish Mirror And Comb Symbols, Traci N. Billings

Theses and Dissertations

The interpretation of prehistoric iconography is complicated by the tendency to project

contemporary male/female gender dichotomies into the past. Pictish monumental stone sculpture

in Scotland has been studied over the last 100 years. Traditionally, mirror and comb symbols

found on some stones produced in Scotland between AD 400 and AD 900 have been interpreted

as being associated exclusively with women and/or the female gender. This thesis re-examines

this assumption in light of more recent work to offer a new interpretation of Pictish mirror and

comb symbols and to suggest a larger context for their possible meaning. Utilizing the Canmore

database, …

Prudery And Perversion: Domination Of The Sexual Body In Middle-Class Men, Women, And Disenfranchised Bodies In Victorian England, Ashley Barnett

Electronic Theses and Dissertations

This research argues that with the rise of the middle-class, Victorian England saw the development of a power model in which middle-class men, middle-class women and disenfranchised bodies of children and lower-class women suffered from the demands of bodily domination. Because the bodily health of middle-class men was believed to represent national health, it was imperative that he dominate his body, particularly with regard to sexual urges. Consequently, the bodies of women with whom he sought sexual release suffered from forms of bodily domination as well. Through an analysis of journals and private writings of those living in Victorian England, …

Establishing Female Resistance As Tradition In Country Music: Towards A More Refined Discourse, Catherine Keron

Electronic Thesis and Dissertation Repository

This thesis analyzes facets of resistance in the lyrics of female country music performers and explores how their articulations of female resistance draw on and rework Appalachian folk traditions within country music. Beginning with the musical practices of Appalachian women, who used music to lament their lives restricted by domestic responsibilities, this thesis examines expressions of female resistance through lyrical analysis, with a concentration on female country performers from 1995 to the present. Despite evolving into a performance tradition, female resistance in country music continues to address the lived experiences of its female audience. As such, the female resistance tradition …

You Can't Remain Neutral On A Moving Train – Marriage Equality In The States & Ireland: Thoughts On Freedom To Marry, Religious Heteronormativity, And Conceptions Of Equality, Kris Mcdaniel-Miccio

DePaul Journal of Women, Gender and the Law

This title, in part, was one of the famous phrases uttered by the brilliant historian Howard Zinn, a wonderful image that applies to advocating social justice. In the United States, the train referenced by Zinn was the Freedom Train, whether it be toward gender, racial or ethnic parity. Now it is the Freedom to Marry Train and it has not only left the station, it is moving at break- neck speed and almost unstoppable. This Train built with the blood, sweat and tears of the LGBTI community, forged by fire and situated on a justified track. There is no difference …

Queer Literary Criticism And The Biographical Fallacy, Shawna Lipton

Theses and Dissertations

“Queer Literary Criticism and the Biographical Fallacy” engages with three fields of inquiry within literary studies: queer literary criticism, modernist studies, and author theory. By looking at the critical reception of four iconic queer modernist authors – Oscar Wilde, Henry James, Radclyffe Hall, and Virginia Woolf– this dissertation reinvestigates the relation between criticism and the figure of the author. Queer criticism-- despite its fundamental critique of identity—relies on the identity of the author when it blurs the distinction between the literary text and the author’s biography. Ultimately this work provides a deeper understanding of the queer relation to the modernist …

The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan

All Faculty Scholarship

No abstract provided.

Gender And Power In Waiting For Godot, Ryan Wright

The Oswald Review: An International Journal of Undergraduate Research and Criticism in the Discipline of English

No abstract provided.

The Best Poor Man's Country?: William Penn, Quakers, And Unfree Labor In Atlantic Pennsylvania, Peter B. Kotowski

Dissertations

William Penn’s writings famously emphasized notions of egalitarianism, just governance, and moderation in economic pursuits. Twentieth-century scholars took Penn’s rhetoric at his word and interpreted colonial Pennsylvania as nothing less than “the best poor man’s country,” as reflected in the title of one of the most popular histories of the colony. They also imagined a world where all men had access to economic opportunity and lived free from the barbarity endemic to Atlantic world colonies. Despite this halcyon vision of the Peaceable Kingdom, the reality was the opposite: a colony where religious convictions justified what we today (and radicals then) …

The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan

Felice J Batlan

The Role Of Education In The Assimilation Of Romani Women In The United States, Melanie Covert

Sociology Theses

The Romani are a largely unknown people group in the United States though their plight world-wide is highly visible. The story of Romani in the United States remains largely untold. This study explored the daily lives of 15 Romani women within the United States. The study investigated questions of historical prejudice, gender roles, educational achievement and barriers to assimilation with in the Romani community. Results of the study highlighted that many Romani women encounter significant barriers inside and outside of their communities that impact their ability to pursue higher education and to fully assimilate into mainstream society due to current …

The Spectacle Of Orphanhood: Reimagining Orphans In Postbellum Fiction, Afrin Zeenat

Graduate Theses and Dissertations

Orphan iconography has always been deployed in American literature and culture, but nineteenth-century American literature, fiction in particular, abounds in orphans, both real and imaginary. The orphan’s amphibious nature is hailed and demonized as the epitome of individualism and unbridled freedom, and also as the location of society’s anxiety. This complicated and conflicted construction of orphans animates the Social and cultural realm in postbellum America, foregrounding issues of class, race, and gender.

International Arbitration: Demographics, Precision And Justice, Susan Franck, James Freda, Kellen Lavin, Tobias A. Lehmann, Anne Van Aaken

Contributions to Books

ICCA Congress Series No. 18 comprises the proceedings of the twenty-second Congress of the International Council for Commercial Arbitration (ICCA), held in Miami in 2014. The articles by leading arbitration practitioners and scholars from around the world address the challenges, both perceived and real, to the legitimacy of international arbitration.

The volume focusses on the twin pillars of legitimacy: justice, in procedure and outcome, and precision at every phase of the proceedings. Contributions on justice explore issues related to diversity, fairness and whether arbitral institutions can do more to foster legitimacy – based on the responses of nine international arbitral …

Racial Glass Ceilings, Gendered Responses: Taiwanese American Professionals' Experiences Of Otherness, Chien-Juh Gu

Chien-Juh Gu

The Diversity Challenge: Exploring The "Invisible College" Of International Arbitration, Susan D. Franck

Scholarly Articles

As diversity can affect the perceived legitimacy of a state’s dispute resolution system and the quality of judicial decisions, diversity levels in the national bench and bar have been an area of transnational concern. By contrast, little is known about diversity of adjudicators and counsel in international arbitration. With a lack of accurate, complete, and publicly available data about international arbitrators and practitioners, speculation about membership in the “invisible college” of international arbitration abounds. Using data from a survey of attendees at the prestigious and elite biennial Congress of the International Council for Commercial Arbitration permitted one glimpse into the …

"Murderous Mania": Gender And Homicide In Milwaukee Newspapers, 1840-1900, Kadie Kroening Seitz

Theses and Dissertations

This study examines the ways in which Milwaukee's newspapers used gender norms to make sense of acts of murder during the nineteenth century. First, women victims of men's violence are examined, particularly through the lenses of ethnicity, class and race. Women victims who did not fit into middle class gender norms were less likely to be portrayed as "beautiful female murder victims." Then, women perpetrators of violence (not exclusively against men) are discussed, including a specific examination of women's use of an insanity defense. Newspaper tropes used to describe women's motivations for filicide are also examined, and found to vary …

Bet Lee: An American Civil War Novella, Tamara J. Lafountain

MAIS Projects and Theses

An estimated 400 women disguised themselves as men to fight in the American Civil War. Though the war ended nearly 150 years ago and over 65,000 books have covered every aspect of the subject in that time, only a handful of recent works have explored the subject of the female civil war soldier. The vast majority of these women lived in secret; and, since secrets kept are difficult to research, it is likely that the published historical studies on the subject have found all that can be discovered (Leonard, 1999; Cooke and Blanton, 2002; Hall, 2006). This novella takes what …

"More Than Custom Has Pronounced Necessary”: Exploring The Correlation Between Gendered Verbs And Character In The 19th Century Novel, Nebraska Literary Lab, Oliver Baylog, Laura Dimmit, Travis Heller, Gabi Kirilloff, Shannon Smith, Grace Thomas, Chandler Warren, James Wehrwein

Department of English: Presentations, Talks, and Seminar Papers

During the 19th century, gender politics played a crucial role in shaping the emergence of the novel as a popular and successful form of literature. Not only were middle class women becoming an important part of the reading public, women were also authoring novels and creating complex heroines that at times pushed against, and at other times bolstered, traditional conceptions of propriety and femininity. Along with a rise in popularity came a rise in the critique of the novel as a valid literary genre; many critics claimed that novels were capable of corrupting their female readership. Authors responded to this …

Scripted Curriculum: What Movies Teach About Black, Dis/Abled Males, Vonzell Agosto

Vonzell Agosto

This article examines the complexity of portrayals of Black (dis/abled) males that are scripted through dis/ability tropes and master-narratives of race and gender. Trends in these portrayals are juxtaposed with literature on how Black, (dis/abled) male students are treated in schools and society.