Law and Gender Commons^™

Feminism, Law, And Bioethics, Karen H. Rothenberg

Karen H. Rothenberg

Feminist legal theory provides a healthy skepticism toward legal doctrine and insists that we reexamine even formally gender-neutral rules to uncover problematic assumptions behind them. The article first outlines feminist legal theory from the perspectives of liberal, cultural, and radical feminism. Examples of how each theory influences legal practice, case law, and legislation are highlighted. Each perspective is then applied to a contemporary bioethical issue, egg donation. Following a brief discussion of the common themes shared by feminist jurisprudence, the article incorporates a narrative reflecting on the integration of the common feminist themes in the context of the passage of …

The Role Of Gender Identities And Stereotype Salience With The Academic Performance Of Male And Female College Athletes, Keith Harrison

Dr. C. Keith Harrison

An experiment was conducted to examine factors that moderate the experience of academic identity threat among college athletes who represent a stigmatized group on most college campuses (Yopyk & Prentice, 2005). It was hypothesized that because they are more engaged in academics, female college athletes would be especially threatened by the prospect of confirming the “dumb-jock” stereotype. As predicted, female college athletes performed more poorly when their athletic and academic identities were explicitly linked, but only on moderately difficult test items. The results also revealed that male college athletes performed significantly better (see stereotype reactance and self-affirmation) on more difficult …

Stereotypes And Stigmas Of College Athletes In Tank Mcnamara's Cartoon Strip: Fact Or Fiction?, Keith Harrison

Dr. C. Keith Harrison

The purpose of this study was to explore the perceptions of National Collegiate Athletic Association (NCAA) Division I student-athletes (N= 43) regarding stereotypical cartoons about athletes. A qualitative approach, which included a visual elicitation technique, was utilized by administering the Lifestyle Association & Representation of Athletes Scale (LARAS). The LARAS explored participants’ perceptions of the following six specific concepts: a) academic support issues; b) academic progress; c) coaches as educators; d) professional sport aspirations; e) media identities, advertising, and representation; and f) cultural issues and recruiting. Five major themes emerged from participants’ perceptions: Big Sport Business, Athletic Image, College Athlete …

How Embedded Knowledge Structures Affect Judicial Decision Making: An Analysis Of Metaphor, Narrative, And Imagination In Child Custody Disputes, Linda L. Berger

Linda L. Berger

We live in a time of radically changing conceptions of family and of the relationships possible between children and parents. Though undergoing “a sea-change,” family law remains tethered to culturally embedded stories and symbols. While so bound, family law will fail to serve individual families and a society whose family structures diverge sharply by education, race, class, and income. This article advances a critical rhetorical analysis of the interaction of metaphor and narrative within the specific context of child custody disputes. Its goal is to begin to examine how these embedded knowledge structures affect judicial decision making generally; more specifically, …

Female Genital Mutilation And Female Genital Cutting, Hope Lewis

Hope Lewis

Female Genital Mutilation (FGM) or Female Genital Cutting (FGC) refers to a range of harmful traditional practices performed on infants, girls, and women in certain ethnic groups. This article, published in The Encyclopedia of Human Rights (David Forsythe, et al, ed., Oxford University Press, 2009) discusses the practices in the context of international human rights law. FGM-FGC, violates a number of international human rights standards, including the right to bodily integrity, the right to life, the right to the highest attainable standard of health, the rights of children, and the rights of women and girls to equality and non-discrimination. Nevertheless, …

"Athleticated" Versus Educated: A Qualitative Investigation Of Campus Perceptions, Recruiting And African American Male Student-Athletes, Keith Harrison

Dr. C. Keith Harrison

The purpose of this study was to conduct a qualitative investigation of student narratives (N= 167) about the contemporary issue of recruiting high-profile African American male student-athletes. Participants were asked to view a scene on recruiting from the film, The Program (1994). Participants were then presented with questions regarding a recruiting trip by an African American football player to a traditionally white campus. Findings indicate that both Black and White students perceived the African American male student-athletes in the film scene to be more "athleticated" than educated. They were also perceived as stereotypical sex-objects. "When athletes (especially male) show up …

A Day In The Life Of A Male College Athlete: A Public Perception And Qualitative Campus Investigation, Keith Harrison

Dr. C. Keith Harrison

Perceptual confirmation paradigm (PCP) rooted in social psychology, can be implemented to frame sport science research questions (Stone, Perry, & Darley, 1997). Public perception of college athletes’ lives has been scarcely investigated in the sport sciences (Keels, 2005) using the PCP to prime stereotypes. The purpose of this study was to prime stereotypes about a day in the life of a college athlete by using qualitative inquiry to assess college students’ (N = 87) perceptions. Participants provided written responses about a day in the life of a college athlete. Two different college athlete targets were used “Tyrone Walker” (n = …

Not Our Mother's Law School?: A Third-Wave Feminist Study Of Women's Experiences In Law School (With Kelly Hradsky, Kristen Jeschke, Lavonne Meyer & Jill Roberts), Felice J. Batlan

Felice J Batlan