Law Commons^™

Jill Jackson: Pioneering In The Press Box, Katherine C. Perkins

University of New Orleans Theses and Dissertations

Jill Jackson was one of the first female sports journalists and a pioneer voice for women in athletics. Although heretofore overlooked in the history of American sports journalism, the story of her career is an addition not only to the historiography of female sports journalists but also to the broader study of women in the mid-twentieth century. Jackson was admired, a hard worker, from a prominent New Orleans family, and well educated, yet she still was treated unequally in her primary workspace—the press box. Jackson left well-documented story to the Nadine Vorhoff Library and Special Collections at Newcomb College Institute …

Sexual Violence As The Language Of Border Control: Protecting Exceptional Difference, Miriam Ticktin

Publications and Research

When I first arrived in the Paris region in 1999 to do research on the struggle by undocumented immigrants (les sans papiers) for basic human rights, discussions of violence against women were remarkably absent from the public arena. Nongovernmental organizations and researchers had begun to broach the topic, but with little public visibility. However, this changed in late 2000, with a media explosion on the issue of les tournantes, or the gang rapes committed in the banlieues of Paris. Such tournantes involve boys »taking turns« with their friends’ girlfriends, both parties usually being of Maghrebian or North …

Recovering Socialism For Feminist Legal Theory In The 21 St Century, Cynthia Grant Bowman

Cornell Law Faculty Publications

This Article argues that a significant strand of feminist theory in the 1970s and 1980s — socialist feminism — has largely been ignored by feminist jurisprudence in the United States and explores potential contributions to legal theory of recapturing the insights of socialist feminism. It describes both the context out of which that theory grew, in the civil rights, anti-war, and anti-imperialist struggles of the 1960s, and the contents of the theory as developed in the writings of certain authors such as Heidi Hartmann, Zillah Eisenstein, and Iris Young, as well as their predecessors in the U.K., and in the …

Patent Law, Copyright Law, And The Girl Germs Effect, Ann Bartow

Law Faculty Scholarship

[Excerpt] "Inventors pursue patents and authors receive copyrights.

No special education is required for either endeavor, and nothing

precludes a person from being both an author and an inventor.

Inventors working on patentable industrial projects geared

toward commercial exploitation tend to be scientists or engineers.

Authors, with the exception of those writing computer code, tend

to be educated or trained in the creative arts, such as visual art,

performance art, music, dance, acting, creative writing, film

making, and architectural drawing. There is a well-warranted

societal supposition that most of the inventors of patentable

inventions are male. Assumptions about the genders …

The Role Of Personal Laws In Creating A “Second Sex”, Rangita De Silva De Alwis, Indira Jaising

All Faculty Scholarship

The cultural construction of gender determines the role of women and girls within the family in many societies. Gendered notions of power in the family are often shrouded in religion and custom and find their deepest expression in Personal Laws. This essay examines the international law framework as it relates to personal laws and the commonality of narratives of litigators and plaintiffs in the cases from the three different personal law systems in India.

Outliving Love: Marital Estrangement In An African Insurance Market, Casey Golomski

Anthropology

Marital estrangement and formal divorce are vital conjunctures for married women’s kinship relations and life course, where a horizon of future possibilities are revalued and negotiated at the interstices of custom, law, and social and ritual obligations. In this article, after delineating the forms of customary and civil marriage and the possibilities for divorce or estrangement from each, I describe how some married women in Swaziland and South Africa mediate this complex social field for their children and families through pensions and continuing to pay for their partners’ insurance coverage. This was not solely out of avarice to reap future …

My Body, Not My Say: Justice Blackmun's Influential Decision In Roe V. Wade, Kisha K. Patel

Gender, Women's, and Sexuality Studies Summer Fellows

Abortion laws have regulated women’s bodies since the beginning of the country. Many people associate regulation with the case of Roe V. Wade in 1973, in which the Supreme Court ruled that states could not outlaw abortion during the first trimester. Roe v. Wade remains controversial to this day as it failed to establish consensus that women’s decision whether or not to terminate a pregnancy falls within their constitutional right to privacy. Understanding the implications of this decision is fundamental to analyze the debate over the constitutionality of abortion today. This paper examines the opinion written by Justice Blackmun in …

Courage, Postimmunity Politics, And The Regulation Of The Queer Subject, Chantal Nadeau

Indiana Journal of Global Legal Studies

In this paper, I argue that courage is invoked in contemporary political discourses in such a way as to regulate queer legal subjectivities. That is, the discourses of courage re-articulate the social, legal, and political relations that define and restrict the lives of lesbian, gay, bisexual, and transgender (LGBT) citizens. Drawing on Roberto Esposito's theoretical elaboration of the concept of immunity, I remap the legal and political dynamics through which nations incorporate LGBT citizens into the polity. I discuss how the regulation of gay rights in a growing number of democracies in Europe, the Americas, and South Africa has contributed …

An Interdisciplinary Approach To Domestic Violence In The Legal System: The Importance Of Victim Advocates, Joanna Chalifoux

Honors Theses

Domestic violence is an aspect of the legal system where there typically is a lack of communication among the institutions involved. Therefore, the benefit of an interdisciplinary approach to domestic violence in the legal system is assessed by emphasizing the importance of the presence of victim advocates in the courtroom. In this dissertation, the issue will be evaluated through a feminist point of view— with the belief that domestic violence is a gendered phenomenon in which the majority of the perpetrators are male and the victims are female. In order to research this, several judges, lawyers, and victim advocates who …

The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson

Electronic Theses, Projects, and Dissertations

The ONE Exhibition explores an era in American history marked by intense government sponsored anti-gay persecution and the genesis of the LGBT equality movement. The study begins during World War II, continues through the McCarthy era and the founding of the nation’s first gay magazine, and ends in 1958 with the first gay Supreme Court case in U.S. history.

Central to the story is ONE The Homosexual Magazine, and its founders, as they embarked on a quest for LGBT equality by establishing the first ongoing nationwide forum for gay people in the U.S., and challenged the government’s right to engage …

The Internet, Prostitution, And Rape: Can Taking Prostitution “Indoors” Mitigate Social Harms?, Maryssa Brogis

Honors Theses

Prostitution is often debated as an illegal activity that causes individual and social harms. This study uses feminist theories on prostitution in conjunction with econometric tools to find if prostitution can actually reduce social harms such as rape. Prostitution is a highly debated subject within feminist literature, as some believe prostitution is considered legitimate work, while others view prostitution as extremely harmful toward women and an act that perpetuates female submission. This econometric study adds to the feminist debate on prostitution by implementing the internet’s role in expanding the indoor market as a potential causal factor in the relationship between …

Pregnancy Denied, Pregnancy Rejected In Stephanie Daley, Susan Ayres, Prema Manjunath

Susan Ayres

This article offers a reading of Hilary Brougher’s film Stephanie Daley (2006), in which a teen is accused of murdering her newborn (neonaticide). Brougher depicts a “phenomenology of unwanted pregnancy” and an example of therapeutic jurisprudence. Part One examines Brougher’s treatment of the “shadow side of pregnancy,” and highlights barriers to the empathetic treatment of neonaticide. Part Two emphasizes the process of therapeutic jurisprudence as experienced by the two main characters. Brougher’s film provides a social narrative and phenomenology that may influence laws and legal responses and enlarge social understanding of unwanted pregnancy.

Selling Queer Rights: The Commodification Of Queer Rights Activism, Laurence Pedroni

Themis: Research Journal of Justice Studies and Forensic Science

With the recent Supreme Court decision to legalize same-sex marriage throughout the country, many have spoken in support of the decision, calling it a massive expansion of civil rights. While affording marriage rights to same-sex couples, these rights and expansions should be understood in the greater context of historical queer rights struggle and the economic factors that have motivated these civil rights expansions. This article will examine how the expansion of gay marriage rights was motivated not by concerns with civil rights, but out of economic concerns. This process has, in effect, commodified queer rights, weakening queer rights politics to …

Marx At The Gold Coast: Reflections On Teaching And The Confrontation With Ideology, Allan Ardill

Class, Race and Corporate Power

This article engages with Marx in Miami and the strategies and pedagogical experiences of teaching Marx and Marxism. It relates the experience of teaching Marxism in a compulsory law course at the Gold Coast, Australia. Marx rarely makes an appearance in law schools and this poses particular challenges when it is taught to politically conservative students. Therefore the article supplies a case for teaching Marx arguing why it is not just appropriate for lawyers but irresponsible to exclude it.

The Priorities And Accomplishments Of Kentucky Legislators : Is There A Gender Difference?, Amanda Allen

College of Arts & Sciences Senior Honors Theses

This thesis uses Kentucky as a case study of gender differences in the policy priorities and perceptions of accomplishments of state legislators. The research question is, “are there gender differences in the legislative priorities and perceptions of accomplishments of Kentucky legislators?” The legislative priorities of the legislators seemed to be similar, along with their own classification of women’s issues. The perceptions of success demonstrated that male legislators were not necessarily more likely to attribute success to themselves, whereas women would attribute success to collaboration efforts. The research was completed through confidential interviews with Kentucky legislators and analysis of the 2015 …

Breaking The Legacy: Recognizing And Prosecuting Sexual Violence As A Violation Of Human Rights In The Democratic Republic Of The Congo, Miranda L. Weinstein

International Development, Community and Environment (IDCE)

This paper aims to outline the existing policies aimed at providing protection for sexual abuse survivors in the Democratic Republic of the Congo. In an attempt to provide justice for the survivors of sexual abuse, an analysis of the 1992-1995 Bosnia and Herzegovina post-conflict reconstruction is included. In particular, prosecution of sexual violence and rape as a weapon of war will be provided in order to weigh the benefits and weaknesses of international criminal law. The conflict in eastern Democratic Republic of the Congo witnesses widespread and systematic sexual violence abuses. With over 60 armed groups at any given day, …

Obergefell V. Hodges And Support For Same-Sex Marriage : Changes In National And State Public Opinion., Adria Neal

College of Arts & Sciences Senior Honors Theses

Many have argued that Supreme Court decisions on culture war issues, issues that cause conflict between conservative and liberal values, stifle public progression on the very problems they are meant to resolve. They often cite political and electoral backlash following a decision as evidence of this stagnation in opinion. However, this backlash may not be representative of widespread public opinion. In order to understand the relationship between Court decisions and public opinion, changes in opinion on culture war issues following a Supreme Court ruling must be measured. This study utilizes national and state survey data in order to examine this …

Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen

Scholarly Undergraduate Research Journal at Clark (SURJ)

Wartime sexual violence is a critical human rights issue that usurps the autonomy of its victims as well as their physical and psychological safety. It occurs in both ethnic and non-ethnic wars, across geographic regions, against both men and women, and regardless of the “official” position of commanders, states, and armed groups on the use of rape as tactic of war. This problem is current, pervasive, and global in spite of the status of wartime sexual violence perpetration as a crime against humanity and the capacity of the international criminal court to indict offenders. Though some scholars have argued that …

Around Campus

DePaul Magazine

Center for Community Health Equity Launches; Sustainability the Focus of the 2015 Vincent de Paul Lecture; The Women's Center Celebrates 20 Years with Feminist Editor; Craft of Composing Panel Addresses the Vocation of Writing; Third Annual Horror of the Humanities Unmasks the Monstrosities of Daily Life; DePaul Basketball Enjoys Game-Changing Groundbreaking Day; Bruno Marks 30th Season Coaching the Game He Lovers; Late-Season Rally Propels Men's Soccer to Postseason; Women's Soccer Qualifies for Sixth BIG EAST Tournament; Wyatt Excels On and Off the Field; Preseason Honors the BIG EAST; Polish Scholar Reflects on Solidarity Movement and Catholicism; The Sentencing Project Director …

A Borrowed Language, Yvonne Osei

Graduate School of Art Theses

Art has the potency of mediation: bridging human differences, questioning voids in historical trajectories, negotiating spaces of relevance, and most importantly, being signifiers that embody the absent. I speak in a borrowed language, a multilingual visual tongue, inspired by a culmination of Western and African Art modes of practices to create charged platforms for multicultural communication.

My art presents visual portals that allow for intercultural and interracial mingling as issues of colorism, present-day colonialism, gender inequality and the politics of dress are foregrounded for collective deliberation. The essence of the work is often activated and brought to its full potential …

Vivas Nos Queremos: Feminicidio En Bolivia, Taslim Tavarez Garcia

Independent Study Project (ISP) Collection

Bolivia uno de los países en latinoamérica que tiene una gran cantidad de feminicidios o mujeres asesinadas por hombres debido a su género y relación afectiva. Hay muchos problemas sobre las violaciones de derechos humanos que sufren las mujeres en razón de género. Con el enfoque de derechos de las víctimas y sus familiares, esta investigación pretende descubrir si ellas, tienen acceso a justicia en el sistema judicial de Bolivia . Específicamente analizando el efecto de antes y después de la ley 348: La Ley Integral Para Garantizar a Las Mujeres Una Vida Libre de Violencia. A través de una …

In God We Trust, Andrew C. Nosti

SURGE

Almost everywhere I turn I can hear someone saying, “America is a Christian nation!” likely yelled or grumbled with impressive, and sometimes concerning, aggression. I can’t go through a week without this phrase popping up, usually closely accompanied by the notion that America’s founding has roots in Christian principles. [excerpt]

South African Marriage In Policy And Practice: A Dynamic Story, Michael W. Yarbrough

Publications and Research

Law forms one of the major structural contexts within which family lives play out, yet the precise dynamics connecting these two foundational institutions are still poorly understood. This article attempts to help bridge this gap by applying sociolegal concepts to empirical findings about state law's role in family, and especially in marriage, drawn from across several decades and disciplines of South Africanist scholarly research. I sketch the broad outlines of a nuanced theoretical approach for analysing the law-family relationship, which insists that the relationship entails a contingent and dynamic interplay between relatively powerful regulating institutions and relatively powerless regulated populations. …

Hidden Behind A 53 Foot Trailer: Are Women Truck Drivers At Risk For Sexual Assault?, Kim Bourne

Nursing Faculty Publications

Background. Sexual assault affects one in five women, worldwide, across their lifetime; approximately 22 million women in the United States (US). Only twenty-seven percent of the assaults are reported to the police. In the US, approximately 8% of the sexual assaults on women occur in the workplace; late hours of the night or early morning hours, working alone, working in isolated areas, working with the public, and working in a mobile workplace place women at an increased risk. There are approximately 200,000 women long-haul truck drivers in the US; 132,000 drives with a partner, and 99,000 drives with their intimate …

Faroosh And Elina, Faroosh, Elina, Tsos

TSOS Interview Gallery

Faroosh was a cameraman for a private television program in Afghanistan working on a documentary about the Taliban. When he and his crew were discovered, the Taliban attacked them and he and his wife fled to Turkey, walking 12 hours to get there. Upon arrival the police arrested and harassed them. Turkey was not a safe place. After several suicide bombings in the area, they decided to move on to Greece, where they are in a refugee camp without any progress in their situation. They have no money to move forward and no ability to work and the economic situation …

Fawad And Zakeela, Fawad, Zakeela, Tsos

TSOS Interview Gallery

Fawad and his wife, Zakeela, have three children. Zakeela was a beautician, and Fawad was a singer in the Baghlan district in Afghanistan. The music he produced was not in accordance with the strict restrictions of the Taliban. They threatened his life and assaulted him many times, so he decided to leave with his family to Kabul. Fawad’s day job was as an FM radio producer; at night, he moonlighted as a singer and musician. He produced music for ceremonies and weddings, often performing for the women’s part, which the Taliban did not accept. Eventually, his life was again threatened, …

Ilhan, Nura, Radwa, Ziagull And Children, Ilhan, Tsos

TSOS Interview Gallery

Ilhan, his wife Nura, and their children resided near Kabul, in a region where both the Taliban and ISIS were active. As Shias, Ilhan’s family faced numerous menaces, including threats from ISIS that they would be beheaded if they did not display ISIS flags. Ilhan’s sister Radwa, who is deaf and mute, was forced to marry a regional leader. In addition to being threatened on religious grounds, Ilhan’s family was also threatened by an elder of their town. Out of desperation, Ilhan’s family sold their house appliances, escaped Afghanistan, and arrived at the …

Towards A New Theory Of Feminist Coalition: Accounting For The Heterogeneity Of Gender, Race, Class, And Sexuality Through An Exploration Of Power And Responsibility, Holly Jeanine Boux

Journal of Feminist Scholarship

This paper develops a novel theory of feminist coalition that centers and redefines the concepts of power and responsibility. After outlining several key ways in which feminist coalition work has been addressed by both theorists and practitioners, it goes on to explore how accounting for the complex experiences of identity rooted in factors such as race, class, gender, and sexuality continues to complicate the process of coalition building and theorizing. From these foundations, the article develops a theory of feminist coalition that speaks to how such a movement—or organizations within such a movement—can drive the political will for transformation and …

From The Editors, Anna M. Klobucka, Jeannette E. Riley, Catherine Villanueva Gardner

Journal of Feminist Scholarship

No abstract provided.

A New Heroic Figure: Female Protestors And Precarity In Puerto Rico, Guillermo Rebollo Gil

Journal of Feminist Scholarship

This paper offers a critical look on an isolated, failed incident of protest carried out by a young Puerto Rican woman and her two children. In doing so, it explores the possibilities of radical political thought and action on the island. Furthermore, by situating this event within the larger context of danger—physical, social and discursive—that women in Puerto Rico are subjected to, it seeks to question the manner in which female protestors’ vulnerability and agency challenge those on the left to formulate gender-progressive strategies for emancipation. Lastly, it is argued here that this protestor features as new type of radical …