Digital Commons Network^™

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

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

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

Chien-Juh Gu

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.

Narratives Serially Constructed And Lived: Ethnicity In Cross-Gender Strikes 1887-1903, Ileen A. Devault

Ileen A DeVault

[Excerpt] The strikes narrated in this paper have illustrated different ways in which individuals' recognition of ethnic identity could interact with their recognition of gender and class identities. In each strike workers' identities developed along with the serial narrative of the particular strike situation. The use of Sartre's concept of the series helps us think about the many possible variations of class, ethnicity, and gender. Though Sartre planned to use his concept of series as a way to examine peoples' class identities, my employment of the concept broadens it to include other categories of identification as well. Using the concept …

Hands On Hips, Smiles On Lips! Gender, Race, And The Performance Of Spirit In Cheerleading, Laura Grindstaff, Emily West

Emily E. West

Cheerleading has long been synonymous with “spirit” because of its traditional sideline role in supporting school sports programs. In recent decades, however, cheerleading has become more athletic and competitive - even a sport in its own right. This paper is an ethnographic exploration of the emotional dimensions of cheerleading in light of these changes. We argue that spirit is a regulating but also flexible concept that is deployed in order to manage and uphold ideologies of emotion, and that these ideologies are central to how cheerleading reproduces racialized gender difference. On the one hand, the performance guidelines for spirit stabilize …

Sacrifice And Civic Membership: The Case Of World War I, Julie Novkov

Julie Novkov

In the Civil War and World War II, many men of color gained rights while women's rights were in retrograde. While World War I is not a perfect mirror image of the Civil War and World War II, it may make sense to think of World War I as reversing the polarities that were in operation in the two other major conflicts. To understand this dynamic, this paper will explore the kinds of claims that men of color and women made for rights based in forms of civic service and sacrifice, how those claims were met by various state actors, …

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 …

When Obscenity Discriminates, Elizabeth M. Glazer

Elizabeth M Glazer

When public indecency statutes outlaw gender nonconformity, obscenity discriminates; when movie ratings censor representations of sexual minorities, obscenity discriminates, and discriminates on the basis of their status as sexual minorities. This Article addresses obscenity doctrine’s infliction of first generation, or status discrimination against sexual minorities by conflating “sex” – and the prurient representation of sex that constitutes obscenity – and “sexual orientation.” Civil rights lawyers and scholars have turned their attentions away from “first generation” discrimination,” where groups experience discrimination on the basis of their status, and toward “second generation” discrimination, where groups experience discrimination for failing to downplay or …