Arts and Humanities Commons^™

The New Gender Panic In Sport: Why State Laws Banning Transgender Athletes Are Unconstitutional, Deborah Brake

Articles

The scope and pace of legislative activity targeting transgender individuals is nothing short of a gender panic. From restrictions on medical care to the regulation of library books and the use of pronouns in schools, attacks on the transgender community have reached crisis proportions. A growing number of families with transgender children are being forced to leave their states of residence to keep their children healthy and their families safe and intact. The breadth and pace of these developments is striking. Although the anti-transgender backlash now extends broadly into health and family governance, sport was one of the first settings—the …

Ireland’S Response To Domestic, Sexual And Gender-Based Violence: An Interview With Orla O’Connor, Deirdre Kelly

Articles

Orla O’Connor is the Director of the “National Women’s Council of Ireland” (NWCI), the leading national women’s membership organisation with over
190 member groups. She has held senior management roles in several non-governmental organisations for over 25 years. Time magazine recognised her as one of the 100 Most Influential People in 2019 for her role as Co-director of “Together for Yes”, the successful national civil society campaign that was influential in Ireland voting overwhelmingly in favour of removing the Eighth Amendment from the Constitution, a landmark referendum, which led to the legalisation of abortion in 2018. In addition to campaigning …

Equity, Inclusion And Feminist Pedagogies: Supplement No. 14, Barbara Knežević, Michelle Malone

Articles

This paper describes and expands on the contributions the research team at Technological University Dublin have made to the DICO Digital Career Stories Erasmus+ project from March 2021 through February 2023. This paper examines the TU Dublin presentation of specific Fine Art research methods and technical and practical tools, as a unique way to open these discussions around ethical teaching with regards to access, technology, gender, class, ethnic and racial diversity. This paper looks at some of the specific tools and methods common to fine art education and practice in the points of sharing sessions to ask how lecturing staff …

Title Ix's Trans Panic, Deborah L. Brake

Articles

Sport is an agent of social change, but that change does not always track in a progressive direction. Sport can be a site for contesting and reversing the gains of progressive social movements as much as furthering the values of equality and justice for historically marginalized groups. This dynamic of contestation and reversal is now playing out in a new wave of anti-transgender backlash that has gained adherents among some proponents of equal athletic opportunities for girls and women. In this latest twist in the debate over who deserves the opportunity to compete, the sex-separate athletic programming permitted by Title …

Ordinary And Extraordinary Images: Making Visible The Operations Of Stock Photography In Posters Against The Repeal Of The 8th Amendment, Ann Curran

Articles

The operations of stock photographs, as utilised by the Irish anti-abortion lobby, have not been examined before. Many of the ‘Vote No’ posters in the 2018 Irish referendum campaign on the 8th amendment maintained a visual and textual focus on foetal personhood: asking the Irish electorate to ‘love both,’ while deploying a range of stock photographs. In this article, I trace specific stock images used on anti-abortion posters against Repeal back to their online image bank sources. I make visible the role of generic or stereotypical photographs in anti-abortion messaging, in the knowledge that stock photographs often function best when …

Theory Matters—And Ten More Things I Learned From Martha Chamallas About Feminism, Law, And Gender, Deborah L. Brake

Articles

This Festschrift article celebrates the scholarship of Martha Chamallas, Distinguished University Professor and Robert J. Lynn Chair in Law Emeritus of the Ohio State University Moritz College of Law, and one of the most impactful scholars of feminist legal theory and employment discrimination of her generation. Mining the insights of Chamallas’s body of work, the article identifies ten core “lessons” relating to feminism and law drawn from her scholarship and academic career. It then weaves in summaries and synthesis of her published works with discussion of subsequent legal and social developments since their publication. These lessons (e.g., feminism is plural; …

Ann Flood, Mairéad Farrell, And The Representation Of Armed Femininity In Irish Republican Ballads, Seán Ó Cadhla

Articles

This article critically considers the representation of armed femininity within the attendant song tradition of Irish physical-force Republicanism, with specific focus on the personal and cultural consequences for two prominent female Republican activists, both of whom successfully traverse the gender demarcation lines of war. While noting the didactic, often misogynistic, trajectory of works narrating ‘transgressive’ females within the broader ballad tradition, this article seeks to determine whether or not the interwoven essentialist tropes of death, martyrdom and resurrection — all deeply-embedded ideological constructs within the framework of Irish Republicanism — successfully supersede calcified patriarchal mores and in so doing, facilitate …

Decolonial Feminist Theory: Embracing The Gendered Colonial Difference In Management And Organisation Studies, Jennifer Manning

Articles

Feminist theories in management and organization studies, each with their own ontological and epistemological assumptions, offer critical perspectives of the status quo to challenge our idea of progress in the discipline, yet there is limited engagement with ideas, theories, or practices from the lived experiences of Global South women. Decolonial feminism engages with debates pertaining to coloniality/ modernity and indigenous identity and gender in Latin America, while providing a space for the voices and lived experiences of marginalized, non‐Western(ised) women. Positioned in the context of Guatemalan Maya women and deploying critical insights from decolonial feminists, I unpack how the discourse …

Lawyers For White People?, Jessie Allen

Articles

This article investigates an anomalous legal ethics rule, and in the process exposes how current equal protection doctrine distorts civil rights regulation. When in 2016 the ABA Model Rules of Professional Conduct finally adopted its first ever rule forbidding discrimination in the practice of law, the rule carried a strange exemption: it does not apply to lawyers’ acceptance or rejection of clients. The exemption for client selection seems wrong. It contradicts the common understanding that in the U.S. today businesses may not refuse service on discriminatory grounds. It sends a message that lawyers enjoy a professional prerogative to discriminate against …

Why Women Also Know History, Emily Prifogle, Karin Wulf

Articles

"Women Also Know Stuff. Does that sound obvious? It's not, alas." In early 2016 a group of women political scientists announced in The Washington Post their reasons for forming a group called Women Also Know Stuff. The US presidential election dramatically exposed the ongoing imbalance in the consultation and citation of women experts in political discussion.1 The new group was responding directly to media bias, but it has long been clear that bias—not only against women but against people of color, LGBTQ scholars, and other groups—is persistent in academia. The historical profession is no exception.

(Re)Visions Of The Outre-Mer: Looking At The Male Gaze In Jacques Feyder’S Le Grand Jeu (1934), Barry Nevin

Articles

Cinéma colonial is regarded by certain scholars as a highly conventionalised and commercialised film practice that grants spectators a sense of control over the potentially threatening colonial Other, and Belgian director Jacques Feyder has been subject to particularly harsh criticism in this regard. This article argues that Feyder’s Le Grand Jeu (1934), which depicts a young legionnaire’s relationship with a cabaret singer who bears an uncanny resemblance to a previous lover who jilted him in Paris, challenges dominant tendencies in portrayals of gender and colonialism in French cinema of the 1930s. Drawing on the relationship between Laura Mulvey’s theorisation of …

Framing “L’Âme Des Personnages”: Performance And Affect In Jacques Feyder’S Pension Mimosas (1935), Barry Nevin

Articles

Although Jacques Feyder's authorial control over his productions and his direction of actors constituted two of the most widely appreciated aspects of his approach to filmmaking during his own lifetime, the impact of each on his mise en scene has received little critical attention. This article aims to remedy this oversight by linking both aspects in three stages: first, drawing on contemporary periodicals, recollections of Feyder's performers and his own writings, it illustrates Feyder's preoccupation with the creation of in-depth psychological portraits through his actors; second, focusing on Pension Mimosas (1935), it demonstrates that Feyder's technical style, although aligned closely …

Reproducing Inequality Under Title Ix, Deborah L. Brake, Joanna L. Grossman

Articles

This article elaborates on and critiques the law’s separation of pregnancy, with rights grounded in sex equality under Title IX, from reproductive control, which the law treats as a matter of privacy, a species of liberty under the due process clause. While pregnancy is the subject of Title IX protection, reproductive control is parceled off into a separate legal framework grounded in privacy, rather than recognized as a matter that directly implicates educational equality. The law’s division between educational equality and liberty in two non-intersecting sets of legal rights has done no favors to the reproductive rights movement either. By …

Jewish Time Jump: New York, Owen Gottlieb

Articles

Jewish Time Jump: New York (Gottlieb & Ash, 2013) is a place-based mobile augmented reality game and simulation that takes the form of a situated documentary. Players take on the role of time traveling reporters tracking down a story “lost to time” to bring back to their editor at the Jewish Time Jump Gazette. The game is played in Washington Square Park in Greenwich Village, New York City. Players’ iPhones become their time traveling device and companion. Based on the player’s GPS location, players receive digital images from their location from over a hundred years in the past as well …

Regulation Of Encapsulated Placenta, Greer Donley

Articles

The practice of placenta encapsulation is rapidly growing. It typically involves post-partum mothers consuming their placentas as pills in the months after childbirth. The perceived benefits include improved mood and energy, reduced bleeding and pain, and greater milk supply. But these effects are unproven, and consumption comes with health risks. The rise of this trend has sparked a vigorous debate in the recent medical literature, but this Article is the first to consider the legal implications of placenta encapsulation. This Article examines whether FDA should regulate encapsulated placenta, and if so, whether it should be regulated as a drug, supplement, …

Contraceptive Equity: Curing The Sex Discrimination In The Aca's Mandate, Greer Donley

Articles

Birth control is typically viewed as a woman’s problem despite the fact that men and women are equally capable of using contraception. The Affordable Care Act’s contraceptive mandate (Mandate), which requires insurers to cover all female methods of birth control without cost, promotes this assumption and reinforces contraceptive inequity between the sexes. By excluding men, the Mandate burdens women in four ways: it fails to financially support a quarter to a third of women that rely on male birth control to prevent pregnancy; it incentivizes women to endure the risks and side effects of birth control when safer options exist …

Coworker Retaliation In The #Metoo Era, Deborah Brake

Articles

The national firestorm sparked by #MeToo has galvanized feminist legal scholars to reconsider the Title VII framework governing workplace sexual harassment and the potential for #MeToo to transform workplace culture in a way that Title VII, to date, has not. In the analysis of #MeToo’s prospects for change, less attention has been paid to how Title VII’s protection from retaliation intersects with the movement. One particular aspect of retaliation law – coworker retaliation – has thus far escaped the attention of legal scholars. Already underdeveloped as a species of retaliation law, coworker retaliation holds particular resonance for the #MeToo movement …

Time Travel, Labour History, And The Null Curriculum: New Design Knowledge For Mobile Augmented Reality History Games, Owen Gottlieb

Articles

This paper presents a case study drawn from design-based research (DBR) on a mobile, place-based augmented reality history game. Using DBR methods, the game was developed by the author as a history learning intervention for fifth to seventh graders. The game is built upon historical narratives of disenfranchised populations that are seldom taught, those typically relegated to the 'null curriculum'. These narratives include the stories of women immigrant labour leaders in the early twentieth century, more than a decade before suffrage. The project understands the purpose of history education as the preparation of informed citizens. In paying particular attention to …

Design-Based Research Mobile Gaming For Learning Jewish History, Tikkun Olam, And Civics, Owen Gottlieb

Articles

How can Design-Based Research (DBR) be used in the study of video games, religious literacy, and learning? DBR uses a variety of pragmatically selected mixed methods approaches to design learning interventions. Researchers, working with educators and learners, design and co-design learning artifacts and environments. They analyze those artifacts and environments as they are used by educators and learners, and then iterate based on mixed methods data analysis. DBR is suited for any "rich contextualized setting in which people have agency." (Hoadley 2013) such as formal or informal learning environments.

The case covered in this chapter is a mobile Augmented Reality …

Fighting The Rape Culture Wars Through The Preponderance Of The Evidence Standard, Deborah Brake

Articles

In the heated controversy over the obligations Title IX places on colleges and universities to respond to sexual assault, no issue has been more contentious than the standard of proof used to make findings of responsibility in internal student misconduct processes. In 2011, the Office for Civil Rights (OCR) of the U.S. Department of Education released a “Dear Colleague” letter (DCL) clarifying the obligations imposed on institutions of higher education to use fair and equitable grievances procedures in resolving allegations of sexual assault. Among numerous other requirements, the DCL alerted colleges and universities that it expected them to use the …

Back To Basics: Excavating The Sex Discrimination Roots Of Campus Sexual Assault, Deborah Brake

Articles

This article, written for a symposium devoted to the legacy of celebrated Lady Vols coach, Pat Summit, connects the dots between Title IX’s regulation of campus sexual assault and the law’s overarching goal of expanding women’s access to leadership. Beginning with a discussion of how sexual objectification and harassment obstruct women’s paths to leadership, the article situates campus sexual assault as an important part of Title IX’s overarching agenda to promote equal educational opportunity. Although liberal feminism and dominance feminism are often discussed as competing theoretical frames for understanding and challenging gender inequality, they are best seen as complementary and …

The Trouble With 'Bureaucracy', Deborah L. Brake

Articles

Despite heightened public concern about the prevalence of sexual assault in higher education and the stepped-up efforts of the federal government to address it, new stories from survivors of sexual coercion and rape, followed by institutional betrayal, continue to emerge with alarming frequency. More recently, stories of men found responsible and harshly punished for such conduct in sketchy campus procedures have trickled into the public dialogue, forming a counter-narrative in the increasingly polarized debate over what to do about sexual assault on college campuses. Into this frayed dialogue, Jeannie Suk and Jacob Gersen have contributed a provocative new article criticizing …

Lessons From The Gender Equality Movement: Using Title Ix To Foster Inclusive Masculinities In Men's Sport, Deborah L. Brake

Articles

This article was written for a symposium issue in Law & Inequality: A Journal of Theory and Practice on the topic of LGBT inclusion in sports. The symposium, which was held at the University of Minnesota Law School in November of 2015, was precipitated by the controversy that erupted when NFL player Chris Kluwe sued and settled with the Minnesota Vikings for allegedly firing him over his outspoken support for marriage equality. The article situates the Chris Kluwe controversy in the broader context of masculinity in men’s sports. At a time when support for LGBT rights has resulted in striking …

Sex And The Shari’A: Defining Gender Norms And Sexual Deviancy In Shi’I Islam, Haider Ala Hamoudi

Articles

This paper demonstrates that modern authoritative jurists working within the Shi’i tradition have developed their rules respecting sex regulation to serve three primary commitments. The first of these is that there is an intense and near debilitating desire on the part of human beings generally, though mostly men, for a great deal of sex. This desire must be satisfied, but it also must be tightly controlled. This is because of the second commitment, which is that excessive licentiousness is a form of secular distraction from a believer’s central obligation to worship God. Finally, and perhaps the most interesting, is the …

Evolving Standards Of Domination: Abandoning A Flawed Legal Standard And Approaching A New Era In Penal Reform, Spearit

Articles

This Article critiques the evolving standards of decency doctrine as a form of Social Darwinism. It argues that evolving standards of decency provided a system of review that was tailor-made for Civil Rights opponents to scale back racial progress. Although as a doctrinal matter, evolving standards sought to tie punishment practices to social mores, prison sentencing became subject to political agendas that determined the course of punishment more than the benevolence of a maturing society. Indeed, rather than the fierce competition that is supposed to guide social development, the criminal justice system was consciously deployed as a means of social …

On Not 'Having It Both Ways' And Still Losing: Reflections On Fifty Years Of Pregnancy Litigation Under Title Vii, Deborah L. Brake

Articles

This article, published in the B.U. Law Review Symposium issue, “The Civil Rights Act of 1964 at 50: Past, Present and Future,” reflects on the past fifty years of conflict and struggle over how to treat pregnancy discrimination under Title VII. Pregnancy has played a pivotal role in debates among feminist legal scholars and women’s rights advocates about the limitations of both the equal treatment and special treatment anti-discrimination frameworks. The article’s title references the much-discussed Wendy W. Williams cautionary note that if we cannot have it “both ways” we need to decide which way we want to have it …

Encouraging Maternal Sacrifice: How Regulations Governing The Consumption Of Pharmaceuticals During Pregnancy Prioritize Fetal Safety Over Maternal Health And Autonomy, Greer Donley

Articles

Pregnant women are routinely faced with the stressful decision of whether to consume needed medications during their pregnancies. Because the risks associated with pharmaceutical drug consumption during pregnancy are largely unknown, pregnant women both inadvertently consume dangerous medications and avoid needed drugs. Both outcomes are harmful to pregnant women and their fetuses. This unparalleled lack of drug safety information is a result of ill-conceived, paternalistic regulations in two areas of the law: regulations governing ethical research in human subjects and regulations that dictate the required labels on drugs. The former categorizes pregnant women as “vulnerable” and thus precludes them from …

Does The Constitution Protect Abortions Based On Fetal Anomaly?: Examining The Potential For Disability-Selective Abortion Bans In The Age Of Prenatal Whole Genome Sequencing, Greer Donley

Articles

This Note examines whether the state or federal government has the power to enact a law that prevents women from obtaining abortions based on their fetus’s genetic abnormality. Such a ban has already been enacted in North Dakota and introduced in Indiana and Missouri. I argue below that this law presents a novel state intrusion on a woman’s right to obtain a pre-viability abortion. Moreover, these pieces of legislation contain an outdated understanding of prenatal genetic testing—the landscape of which is quickly evolving as a result of a new technology: prenatal whole genome sequencing. This Note argues that the incorporation …

Discrimination Inward And Upward: Lessons On Law And Social Inequality From The Troubling Case Of Women Coaches, Deborah L. Brake

Articles

In the Title IX success story, women’s opportunities in coaching jobs have not kept pace with the striking gains made by female athletes. Women’s share of jobs coaching female athletes has declined substantially in the years since the law was enacted, moving from more than 90% to below 43% today. As a case study, the situation of women coaches contains important lessons about the ability of discrimination law to promote social equality. This article highlights one feature of bias against women coaches — gender bias by female athletes — as a counter-paradigm that presents a challenge to the dominant frame …

Unprotected Sex: The Pregnancy Discrimination Act At 35, Deborah L. Brake, Joanna L. Grossman

Articles

Thirty-five years ago, Congress passed the Pregnancy Discrimination Act to overturn a Supreme Court decision refusing to recognize pregnancy discrimination as a form of discrimination based on sex. Now, three and a half decades later, women whose work lives are impacted by pregnancy are again finding themselves unprotected from discrimination. Lower court rulings have eviscerated the Act’s protections at the same time that an expansion of worker rights under the Americans with Disabilities Act should redound to the benefit of pregnant women by expanding the pool of comparators who receive accommodations. By following trends in discrimination law generally - equating …