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Articles 1 - 15 of 15
Full-Text Articles in Law
Harmless Amusement Or Sexual Harassment: The Reasonableness Of The Reasonable Woman Standard, Penny L. Cigoy
Harmless Amusement Or Sexual Harassment: The Reasonableness Of The Reasonable Woman Standard, Penny L. Cigoy
Pepperdine Law Review
No abstract provided.
When Will Black Women Lawyers Slay The Two-Headed Dragon: Racism And Gender Bias, Wilma Williams Pinder
When Will Black Women Lawyers Slay The Two-Headed Dragon: Racism And Gender Bias, Wilma Williams Pinder
Pepperdine Law Review
No abstract provided.
Images Of Men In Feminist Legal Theory , Brian Bendig
Images Of Men In Feminist Legal Theory , Brian Bendig
Pepperdine Law Review
No abstract provided.
Eradicating Sex Discrimination In Education: Extending Disparate-Impact Analysis To Title Ix Litigation, James S. Wrona
Eradicating Sex Discrimination In Education: Extending Disparate-Impact Analysis To Title Ix Litigation, James S. Wrona
Pepperdine Law Review
No abstract provided.
Substance And Method In The Year 2000, Akhil Reed Amar
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
Civil Rights Reform And The Body, Tobias Barrington Wolff
Civil Rights Reform And The Body, Tobias Barrington Wolff
All Faculty Scholarship
Discrimination on the basis of gender identity or expression has emerged as a major focus of civil rights reform. Opponents of these reforms have structured their opposition around one dominant image: the bathroom. With striking consistency, opponents have invoked anxiety over the bathroom -- who uses bathrooms, what happens in bathrooms, and what traumas one might experience while occupying a bathroom -- as the reason to permit discrimination in the workplace, housing, and places of public accommodation. This rhetoric of the bathroom in the debate over gender-identity protections seeks to exploit an underlying anxiety that has played a role in …
A Law And Literature Approach To Stumped By Debora Threedy, Kristin (Brandser) Kalsem
A Law And Literature Approach To Stumped By Debora Threedy, Kristin (Brandser) Kalsem
Faculty Articles and Other Publications
In this response, I will begin by identifying questions and issues about Stumped that might present themselves from law in literature and law as literature perspectives. This analysis will be followed by a discussion of the play from a particular law and narrative approach, one that ideologically is allied with feminist jurisprudence and critical race studies. Finally, I will conclude by examining the play in connection with scholarship on the cultural study of law, specifically emphasizing ways in which law and literature mutually constitute one another as opposed to being distinct categories of knowledge.
Women's Legal History Symposium Introduction: Making History, Felice J. Batlan
Women's Legal History Symposium Introduction: Making History, Felice J. Batlan
All Faculty Scholarship
This essay introduces the Chicago-Kent Symposium on Women's Legal History: A Global Perspective. It seeks to situate the field of women's legal history and to explore what it means to begin writing a transnational women's history which transcends and at times disrupts the nation state. In doing so, it sets forth some of the fundamental premises of women's legal history and points to new ways of writing such histories.
Unsex Mothering: Toward A New Culture Of Parenting, Darren Rosenblum
Unsex Mothering: Toward A New Culture Of Parenting, Darren Rosenblum
Elisabeth Haub School of Law Faculty Publications
In this Article, I observe that “mothering” and “fathering” have been inappropriately tethered to biosex. “Mothering” should be unsexed as the primary parental relationship. “Fathering,” correspondingly, should be unsexed from its breadwinner status. In an ideal world, people now considered “mothers” and “fathers” would be “parents” first, a category that includes all forms of caretaking. One could even imagine an androgynous world in which parenting has no sexed subcategories, whether attached to biosex or not. I doubt our world is anywhere near that; I also wonder whether universal androgyny is a utopian ideal worth pursuing. I instead focus in this …
Imbrication Of Legal And Expert Discourses On Monoparental Adoptive Processes, Raquel Medina Plana
Imbrication Of Legal And Expert Discourses On Monoparental Adoptive Processes, Raquel Medina Plana
Raquel Medina Plana
Long and complex, international adoption processes can be seen as constituting a set of performative practices which involve strategies of transmission/ incorporation of culture, implying the construction of relational identities or subjectivities. With an “educational” drive, and a strong uniformity aspiration, the relevant institutions would be constructing a unified kind of adoptive parenthood, not just in their public dimension but also on the more intimate identity configuration level: the emotional life, affections, expectations, personal history… (Borrillo and Pitois-Etienne, 2004). When confronted with “non-traditional” family projects (as it is the case with monoparental adoption), adoptive processes perform a strong governmental control …
Feminism In The Global Political Economy: Contradiction And Consensus In Cuba, Deborah M. Weissman
Feminism In The Global Political Economy: Contradiction And Consensus In Cuba, Deborah M. Weissman
Deborah M. Weissman
Much has been written about transnational feminist networks and their impacts on the local condition of women. Transborder feminist organizing has reshaped discourses and practice from the local to the international. Global feminist endeavors have influenced the development of international legal standards affecting the circumstances of women and contributed to the gender mainstreaming of human rights initiatives. At the same time, feminist transnationalism has often been identified as the source of tension as efforts have at times resulted in support for a neoliberal agenda propounding empowerment and self-esteem issues, which in turn, has raised questions about who is defining the …
Exchange As A Cornerstone Of Families, Martha M. Ertman
Exchange As A Cornerstone Of Families, Martha M. Ertman
Faculty Scholarship
This essay up-ends critical theorist Ivan Illich’s critique of economic thinking as replacing households defined by vernacular gender with married pairs in “inhumane” sex-neutral economic partnerships. It challenges Illich’s view of exchange as a destroyer that has meddled in families for only a few hundred years, citing sociobiological literature to counter his case against exchange with one valorizing two exchanges that I call “primal deals” that played crucial roles in the evolution of humans, families, and day-to-day life. These primal deals—especially the primal pair-bonding deal between men and women—continue to play a central role in families and family law today. …
Lgbt Taxpayers: A Collision Of 'Others', Anthony C. Infanti
Lgbt Taxpayers: A Collision Of 'Others', Anthony C. Infanti
Articles
In this essay prepared for a symposium on the intersection of tax law with gender and sexuality, I explore the violent collision of these two concepts - or, more appropriately, these two “others.” I begin my exploration of this collision of “others” by first explaining how the lesbian, gay, bisexual, and transgender (LGBT) community is a marginalized “other” in American society while, in contrast, tax is a privileged “other” in the realm of American law. Then, I turn to a close examination of a recent case, O’Donnabhain v. Commissioner, to illustrate the collision of the otherness of LGBT individuals with …
Fatherhood And Equality: Reconfiguring Masculinities, Nancy E. Dowd
Fatherhood And Equality: Reconfiguring Masculinities, Nancy E. Dowd
UF Law Faculty Publications
In this article, Professor Dowd sets out the asymmetric pattern of men’s caretaking as compared to women’s caretaking, and raises the issue of why greater equality has not been achieved in care as women’s participation in the workforce has increased. She argues that not only is this linked to the lack of institutional and structural supports for parenthood, which leads to gendered outcomes in who does care, but in addition, and perhaps most importantly, the barrier to care is cultural, linked to masculinities norms. Dowd sets out the barriers to care linked to masculinities and suggests a further analysis linked …
Women's Legal History Symposium Introduction: Making History, Felice J. Batlan
Women's Legal History Symposium Introduction: Making History, Felice J. Batlan
Felice J Batlan
This essay introduces the Chicago-Kent Symposium on Women's Legal History: A Global Perspective. It seeks to situate the field of women's legal history and to explore what it means to begin writing a transnational women's history which transcends and at times disrupts the nation state. In doing so, it sets forth some of the fundamental premises of women's legal history and points to new ways of writing such histories.