Feminist, Gender, and Sexuality Studies Commons^™

Feminist Legal Theory As A Way To Explain The Lack Of Progress Of Women’S Rights In Afghanistan: The Need For A State Strength Approach, Isaac Kfir

William & Mary Journal of Race, Gender, and Social Justice

Cultural and religious practices are critical to explaining Afghanistan’s dreadful reputation concerning the preservation, protection, and promotion of women’s rights. Those advocating misogynistic practices assert that the calls for reforms challenge their religion and culture, while also claiming that many women’s issues exist within the private realm. Accordingly, they assert that reforms that aim at addressing disempowerment are not vital to the state and go beyond the established limits of state authority. Building on feminist legal theory, which distinguishes between the public and private spheres, I argue in Afghanistan misogynistic and discriminatory practices stem from contrived cultural and religious norms. …

Antigone Claimed, "I Am A Stranger": Democracy, Membership And Unauthorized Immigration, Andres Fabian Henao Castro

Doctoral Dissertations

My dissertation offers a new framework through which to theorize contemporary democratic practices by attending to the political agency of unauthorized immigrants. I argue that unauthorized immigrants themselves, by claiming their own ambiguous legal condition as a legitimate basis for public speech, are able to open up the boundaries of political membership and to render the foundations of democracy contingent, that is to say, they are able to reopen the question about who counts as a member of the demos. I develop this argument by way of a close reading of Sophocles’ tragedy Antigone[1], which allows me to …

Safe Havens Or Dangerous Waters? A Phenomenological Study Of Abused Women's Experiences In The Family Courts Of Ontario, Lois Shereen Winstock

PhD Dissertations

This qualitative, interdisciplinary research study explores the experiences of women abused by their intimate partners who appear as litigants in family court proceedings in Ontario, and the responses of judges presiding over those proceedings.

Domestic violence and abuse affects families from all social, economic and cultural groups. Women have been overwhelmingly identified as the victims of domestic violence and abuse. Children exposed to domestic violence and abuse, either directly or indirectly, are also negatively impacted. The term woman abuse has been employed to denote the gendered nature of the phenomena.

Studies of abused womens interactions with the legal system across …

Femicide In Bolivia After Law 348, Adán Martínez

Independent Study Project (ISP) Collection

This project explores the concept of femicide from a unique perspective, by analyzing the effect that Law #348: The Internal Law to Guarantee Women a Life Without Violence after a year that it passed during the Morales' administration. I examine two crucial questions to this study: 1) How do we explain the paradox that although this law has passed, today we see an increase in the number of femicides in Bolivia? 2) What are the obstacles that prevent that application of law 348 3) What can we do to put a stop to femicides? I demonstrate that several factors like …

Faut-Il Obéir À La Loi ? – Les Pensées Politiques Des Femmes Dans La Littérature Épistolaire Et Les Mémoires Choisis À L’Époque De La Révolution Française, Justyna Czader

Open Access Theses

L'écriture est un témoin qui est difficilement corrompu-Montesquieu, L'esprit des lois. Mémoires and lettres de prisons take us to places we haven't been: prisons in bloody revolutionary Paris and the deadly Place de la Concorde. Women with different social backgrounds fought for their rights denied officially by the revolutionary authorities. They fought back was through plays, mémoires or letters. According to Philippe Lejeune, since the 18th century autobiography has become a phenomenon of civilization. I argue that the lettres de prison present not only a form of epistolary communication, but also as many personal testimonies, recollections of events and emotions …

Clark Memorandum: Fall 2014, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• In Praise of Thinking Like a Lawyer (James R. Rasband)
• Choices (Guido Calabresi)
• Be Not Afraid of Greatness (Allison Belnap)
• Marriage, Family Law, and the Temple (Elder Bruce C. Hafen)
• Lamentation (Arta Romney Ballif)

Queen Of The Underworld: The Biography Of Sophie Lyons (1848-1924), Barbara M. Gray

Dissertations, Theses, and Capstone Projects

Sophie Lyons was a nineteenth-century American pickpocket, blackmailer, con-woman, and bank robber. She was raised in New York City's underworld, by Jewish immigrant parents who were criminals that trained their children to pick pockets and shoplift. "Pretty Sophie" possessed a rare combination of skill at thievery, intellect, guts and beauty and became the woman Herbert Ashbury described in Gangs of New York as, "the most notorious confidence woman America has ever produced." Newspapers around the world chronicled Sophie's exploits for more than sixty years, because her life read like a novel. Her mentor was another forgotten woman who held a …

Same-Sex Marriage And Religion: An Inappropriate Relationship, Brittney Baker

e-Research: A Journal of Undergraduate Work

The debate over same-sex marriage has been a prominent issue in our society over many years now, appearing in several ballot initiatives such as California's Proposition 8. The idea of allowing two people of the same gender to enter into the institution of marriage has brought out drastic emotions and reactions from many different groups of people. Those who engage in the debate believe strongly in their convictions; the two loudest voices tend to come from the gay community and the religious community, the former arguing in favor of same-sex marriage and the latter against it. Religious groups, predominantly from …

Religious Views As A Predictor Of Vote Choice, Erienne Plotkin

e-Research: A Journal of Undergraduate Work

This is a study of the relationship between the religious beliefs of people in the United States and their voting patterns. It is also a comparison between such results and that of more traditional voting predictors such as economic status or education level of voters. In general, there has been an apparent separation of church and state. More common predictors of voting behavior that have been used in the past are traditional demographics such as education levels and economic status. Although these traditional predictors are often accurate, religious belief and churches may play a greater, if insufficiently recognized role in …

Empathy, Open-Mindedness, And Political Ideology: Conservative And Liberal Trends, Dani Cosme, Chrissy Pepino, Brandon Brown

e-Research: A Journal of Undergraduate Work

This study hypothesizes that the religious variables will be superior to the predictive power of other demographic measures of the same population. This study will compare the results of religious questions to those of "To what economic class do you belong?" and "What is the highest level of education you have completed?" that are often used as reliable predictions of voting behavior.

Elite Leadership Of Opinion And The Public Polarization: The Same Sex Marriage Debate In The United States, Patricia Victorio

e-Research: A Journal of Undergraduate Work

The California Supreme Court made a landmark decision with the court case In re Marriage Cases (2008), legalizing same sex marriage within the state, and overturning the California Defense of Marriage Act (Proposition 22). With a swift decision the supreme court put the controversial issue of same sex marriage back in the media spot light. Outside of California, states such as Arizona also reopened the debate of same sex marriage. The Arizona legislature put this issue up for a vote in the Fall 2008 election. The Arizona ballot measure, Proposition 102, wanted to define marriage between one man and one …

The Effects Of Proposition 8 In The Lgbt Rights Movement In Orange County, Maria Claudia Brena

e-Research: A Journal of Undergraduate Work

Proposition 8 was a California ballot initiative that banned same-sex marriage in November of 2008. The issue of same-sex marriage is usually framed in the media as a political and cultural battle where the two opposing sides argue about the legal and cultural repercussions of the recognition of same-sex unions for same-sex relationships and society. Rather than focusing on the legal implications of the Proposition 8 campaign and its outcome, this paper addresses the campaign's effects in the LGBT Rights Movement in Orange County. During the campaign many LGBTs became politically active for the first time in their lives, but …

Raymond, Janice. Not A Choice, Not A Job., Ane Mathieson

Journal of Interdisciplinary Feminist Thought

No abstract provided.

‘Anchor/Terror Babies’ And Latina Bodies: Immigration Rhetoric In The 21st Century And The Feminization Of Terrorism, Carmen R. Lugo-Lugo, Mary K. Bloodsworth-Lugo

Journal of Interdisciplinary Feminist Thought

The post-9/11 era in the United States has revealed a specific fear about immigrants as terrorist threats. Although this fear manifests as a generalized one against any immigrant, when we analyze public discourse, we can find rhetorical patterns involving specific groups, with Latinos/as at center. U.S. public discourse typically conjures images of immigrants as terrorists, which are either genderless or male, and it is activated and cultivated in moments of national crisis (most recently, the 2013 Boston marathon bombing attacks). In this paper, we move beyond notions of immigrants as either genderless or male to discuss post-9/11 perceptions of immigrant …

Flores-González, Nilda, Et. Al. Immigrant Women Workers In The Neoliberal Age., Linda M. Crawford Phd

Journal of Interdisciplinary Feminist Thought

No abstract provided.

Recent African Immigrants’ Fatherhood Experiences In America: The Changing Role Of Fathers, Zacharia N. Nchinda

Trotter Review

This article examines the lived experiences of recent African immigrant fathers in the United States. It focuses specifically on recent African immigrant fathers with African women as wives and children below the age of 18. Its aim is a better understanding of these fathers’ involvement in the life of their children and the changes immigration has forced upon the fathers. Information for the study emanates from interviews carried out with African immigrant fathers in the Milwaukee area, supplemented by my knowledge of African immigrant communities. The categorization of the data uses a construct established by the mid-1990s DADS Project initiative …

When Harvard Said No To Eugenics: The J. Ewing Mears Bequest, 1927, Paul A. Lombardo

Faculty Publications By Year

James Ewing Mears (1838-1919) was a founding member of the Philadelphia Academy of Surgery. His 1910 book, The Problem of Race Betterment, laid the groundwork for later authors to explore the uses of surgical sterilization as a eugenic measure. Mears left $60,000 in his will to Harvard University to support the teaching of eugenics. Although numerous eugenic activists were on the Harvard faculty, and who of its Presidents were also associated with the eugenics movement, Harvard refused the Mears gift. The bequest was eventually awarded to Jefferson Medical College in Philadelphia. This article explains why Harvard turned its back …

Human Rights, Women, And Third World Development, Winston E. Langley

Winston E. Langley

As part of the effort to inaugurate a new international socio-political order after World War II, international emphasis was given to certain moral and legal entitlements we have come to call human rights. That emphasis initially found its most forceful expression in the Charter of the United Nations, which not only asserts its members' faith in fundamental human rights, in the dignity and worth of the human person, as well as in the equal rights of men and women of all nations, but also recites its members' commitment to employ international machinery for the promotion of the social and economic …

Lgbtq Experiences With The Courts: The Role Of Gender Nonconformity And Assertiveness, Alexis Forbes

Dissertations, Theses, and Capstone Projects

Using lesbian, gay, bisexual, transgender, and queer (LGBTQ) and non-LGBTQ participants, a pair of studies explored the influence of LGBTQ identity and gender nonconformity (GNC) in experiences of discrimination in court settings. A one-way ANOVA tested whether LGBTQ participants were more likely to score low on the treatment in court scale. Additionally, two separate multiple regression analyses tested whether high scores on the Gender Nonconformity Scale (GNCS; Forbes & Nadal, under review), were associated with low scores on a measure of treatment in court. It was discovered that LGBTQ identity did not have a statistically significant effect on factor in …

The Dangers Of Overbroad Transgender Legislation, Case Law, And Policy In Education: California's Ab 1266 Dismisses Concerns About Student Safety And Privacy, Tyler Brown

Brigham Young University Education and Law Journal

No abstract provided.

Rape In World War Ii Memory, Sonia Tiemann

Honors Theses

This thesis examines why mass wartime rape occurred during World War II, as well as examining the reasons for the denial or elimination of rape from public memory. For purposes of analysis, the thesis has been broken down into four cases: rape by Japanese soldiers ⎯ the “comfort women,” rape by German soldiers, rape by the Russian Red Army, and rape by American soldiers in France. The study looks at different reasons that could help explain why soldiers rape during wartime and what provokes them to rape. Rape was quite prevalent during World War II, yet it is rarely acknowledged …

Exploring Connections Between Efforts To Restrict Same-Sex Marriage And Surging Public Opinion Support For Same-Sex Marriage Rights: Could Efforts To Restrict Gay Rights Help To Explain Increases In Public Opinion Support For Same-Sex Marriage?, Samuel Everett Christian Dunlop

Dissertations and Theses

Scholarly research on the subject of the swift pace of change in support for same-sex marriage has evolved significantly over the last ten years. The shift has gone beyond the scholarship's initial description amongst demographic groups on how opinion has changed on gay rights issues, like same-sex marriage, to an examination of why the change has occurred. A great deal of the initial research on the topic seemed to focus on demographic traits that suggested a greater propensity toward support for same-sex marriage as time went on. Is the existent literature sufficient to explain why such a dramatic change in …

Improving Sexuality Education: The Development Of Teacher-Preparation Standards, Elissa M. Barr, Eva Goldfarb, Susan Russell, Denise Seabert, Michele Wallen, Kelly L. Wilson

Department of Public Health Scholarship and Creative Works

BACKGROUND: Teaching sexuality education to support young people’s sexual development and overall sexual health is both needed and supported. Data continue to highlight the high rates of teen pregnancy, sexually transmitted diseases, including human immunodeficiency virus (HIV) infections, among young people in the United States as well as the overwhelming public support for sexuality education instruction. In support of the implementation of the National Sexuality Education Standards, the current effort focuses on better preparing teachers to deliver sexuality education. METHODS: An expert panel was convened by the Future of Sex Education Initiative to develop teacher-preparation standards for sexuality education. Their …

Impacts Of Gender Inequality And Poverty On Trafficking In Women, Jihye Park, Cara Rabe-Hemp

Graduate Research - Criminal Justice

Women represent approximately 75% of human trafficking victims. This study reviews what is and is not known about human trafficking and what might be accomplished in future research.

Multiculturalism And Feminism For Hispanic Immigrant Women Accused Of Drug Crimes, Kathryn Duque Lenhart

BYU Law Review

No abstract provided.

'Gardens Of Justice': Australian Feminist Law Journal, 2013, Volume 39, Matilda Arvidsson, Leila Brännström, Merima Bruncevic, Leif Dahlberg

Matilda Arvidsson

FOREWARD: GARDENS OF JUSTICE

Matilda Arvidsson, Merima Bruncevic, Leila Brannstrom, Leif Dahlberg

Our Gardens of Justice special themed issue of the Australian Feminist Law Journal grew out of the 2012 Critical Legal Conference in Stockholm and its theme of Gardens of Justice, a conference organised by Matilda Arvidsson, Merima Bruncevic, Leila Brannstrom and Leif Dahlberg. We issued a Call for Papers early in 2013 in which several conference theme questions were repeated. We called for papers devoted to thinking about law and justice as a physical as well as a social environment. The theme suggested a plurality of justice gardens …

Embodying Law In The Garden: An Autoethnographic Account Of An Office Of Law, Matilda Arvidsson

Dr Matilda Arvidsson

Based on an autoethnographical study of the office of the tingsnotarie this article questions the relation between the ethical self and the act of taking up a judicial office, employing the question of how I can live with (my) law. While the office and the ethical self are kept apart, often by recourse to persona, I make a case for the attendance to the self in examinations of ethical responsibility when pursuing an office of law. I propose that the garden, and in particular the practices and notions of (en)closure, (loss of) direction, cultivation, (dis)order, authorship and care-for-the-other which are …

Because I Am, Ann M. Sasala

SURGE

Why?

“Because I am a Republican!”

Why?

“Because I am a Democrat!”

Why?

“Because I am a Christian!”

Why?

In America, religion and politics are not merely taboo dinner topics; it is strongly advised that you don’t discuss either one in nearly all situations. [excerpt]

Reflections On Presumed Incompetent: The Intersections Of Race And Class For Women In Academia Symposium - The Plenary Panel, Maritza I. Reyes

Journal Publications

No abstract provided.

"Feminist Lawyers And Political Change In Modern France, 1900-1940." In Eva Schandevyl Ed., Women In Law And Law-Making In The Nineteenth And Twentieth Century Europe, Chapter 2. Aldershot: Ashgate, 2014: 45-73., Sara L. Kimble

School of Continuing and Professional Studies Faculty Publications

This research considers how French female lawyers participated in legal reform during the period from 1900 to 1940. Frenchwomen were admitted to the legal profession in 1900 by an act of parliament and this reform brought political implications in its wake. My research on the first cadres of female lawyers illustrates that that they were unusually political active. As unequal members of the profession and unequal citizens in the society many of these new professionals engaged in a vigorous defense of equality and justice.