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Introduction To The Symposium Issue Sexuality And Gender Law: The Difference A Field Makes, Nan D. Hunter 2010 Georgetown University Law Center

Introduction To The Symposium Issue Sexuality And Gender Law: The Difference A Field Makes, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

For a very long time, issues of sexuality and gender remained outside the boundaries of what was considered important legal scholarship. Indeed, the very presence in the legal academy of the concepts of sexuality and gender was viewed as barely legitimate, certainly not respectable, and, in intellectual terms, at best facetious-or, to let Justice White rest in peace, at best frivolous.

One result of this now dying worldview was a series of categorical exclusions and erasures-exemplified by the exclusion of sexual speech from the First Amendment, the exclusion of nonreproductive kinship networks from the definition of family, the exclusion of ...


A Woman’S Worth, Kimberly D. Krawiec 2010 Duke Law School

A Woman’S Worth, Kimberly D. Krawiec

Faculty Scholarship

This Article examines three traditionally “taboo trades”: (1) the sale of sex, (2) compensated egg donation, and (3) commercial surrogacy. The Article purposely invokes examples in which the compensated provision of goods or services (primarily or exclusively by women) is legal, but in which commodification is only partially achieved or is constrained in some way. I argue that incomplete commodification disadvantages female providers in these instances, by constraining their agency, earning power, or status. Moreover, anticommodification and coercion rhetoric is sometimes invoked in these settings by interest groups who, at best, have little interest in female empowerment and, at worst ...


Immigrant Workers And The Thirteenth Amendment, Maria Ontiveros 2009 University of San Francisco School of Law

Immigrant Workers And The Thirteenth Amendment, Maria Ontiveros

Maria L. Ontiveros

This chapter examines the treatment of immigrant workers through the lens of the Thirteenth Amendment. It examines how the intersection of labor and immigration laws impact immigrant workers in general, "guest workers" and undocumented immigrants. It argues that immigrant workers can be seen as a caste of nonwhite workers laboring beneath the floor for free labor in ways which violate the Thirteenth Amendment. Further, it suggests ways in which immigrant workers can use the Thirteenth Amendment to improve their situation and offers an analysis of how the Thirteenth Amendment can form a bridge for organizing between labor, civil rights, immigration ...


Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, Rebecca Sharpless 2009 University of Miami School of Law

Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, Rebecca Sharpless

Rebecca Sharpless

The ill-defined law-fact distinction often stands as the gatekeeper to judicial review of an agency deportation order, restricting non-citizens facing deportation to raising only questions of law when appearing before an appellate court. The restriction on review most affects cases whose dispositions typically turn on the resolution of factual issues, including claims under Article 3 of the Convention Against Torture and claims for discretionary relief from deportation like cancellation of removal. Convention Against Torture claims, for example, often involve extensive fact-finding on the part of the immigration judge regarding conditions in the applicant’s home country and the applicant’s ...


Credit For Motherhood, Melissa Jacoby 2009 University of North Carolina at Chapel Hill

Credit For Motherhood, Melissa Jacoby

Melissa B. Jacoby

This essay builds on prior work exploring the impact of consumer lenders who sell credit products for assisted reproduction and adoption. After reviewing some basic attributes of the parenthood lending market, the essay discusses how not-for-profit lenders promote traditional conceptions of motherhood and the division of carework in ways that credit discrimination laws were not designed to address. The essay also articulates some incentives of for-profit lenders to sell motherhood and potential implications for women who are ambivalent about becoming parents.


Perspectives On Fundamental Rights In South Asia, Anil Kalhan 2009 Drexel University School of Law; University of California, Berkeley, School of Law

Perspectives On Fundamental Rights In South Asia, Anil Kalhan

Anil Kalhan

This symposium issue of the Drexel Law Review marks the anticipated launch of a proposed new section on Law and South Asian Studies of the Association of American Law Schools, including several contributions that were initially presented during a session of the proposed section at AALS Annual Meeting for 2010. The proposed AALS section comes at a moment of heightened interest in the region among lawyers, policymakers, and the public at large in the United States, and is part of a rapidly growing constellation of scholarly initiatives on law in South Asia that have emerged internationally in recent years. In ...


Parents Super-Sizing Their Children: Criminalizing And Prosecuting The Rising Incidence Of Child Obesity As Abuse, Cheryl George 2009 Lincoln Memorial University-Duncan School of Law

Parents Super-Sizing Their Children: Criminalizing And Prosecuting The Rising Incidence Of Child Obesity As Abuse, Cheryl George

Cheryl Page

No abstract provided.


Disrupting Sexual Categories Of Intimate Preference, Luke A. Boso 2009 University of San Francisco

Disrupting Sexual Categories Of Intimate Preference, Luke A. Boso

Luke A. Boso

Society tends to treat a person's sexual orientation and intimate preferences as if those concepts are static and immutable. People regularly divide themselves into binary gay and straight categories, and similarly seek masculine or feminine qualities in an appropriately sexed person. These intimate preferences occupy a uniquely private position in society, and the characteristics to which people claim attraction are thought so personal as to be sacred. In turn, we resist characterizing our intimate preferences as discrimination despite the tangible harms that befall those who are disproportionately excluded from romantic opportunities. But individual discriminatory intimate practices do not necessarily ...


'France' In An Encyclopedia Of Infanticide. Ed. Brigitte Bechtold And Donna Cooper Graves. Edwin Mellen Press, 2010. 105-107., Sara L. Kimble 2009 DePaul University

'France' In An Encyclopedia Of Infanticide. Ed. Brigitte Bechtold And Donna Cooper Graves. Edwin Mellen Press, 2010. 105-107., Sara L. Kimble

Sara L Kimble

No abstract provided.


Statutes Undermine The Progress Made: The Criminalisation Of Positive Women, Aziza Ahmed, Beri Hull, Alice Welbourn, Emma Bell, Heidi Nass 2009 Northeastern University

Statutes Undermine The Progress Made: The Criminalisation Of Positive Women, Aziza Ahmed, Beri Hull, Alice Welbourn, Emma Bell, Heidi Nass

Aziza Ahmed

Criminalisation laws have a specific and nuanced impact on women living with HIV. An understanding of the consequences of such laws will help positive women and other advocates to combat negative uses of such laws, and to frame and advocate for effective alternatives for HIV prevention. This article helps tease out some of the ways that criminalisation can negatively impact the lives of positive women in particular: the explicit sex discrimination in the laws, the gender bias in courtrooms, the impact on marginalised women, and the increase in stigma and discrimination through criminalisation laws.


Scholar-Baller: Student Athlete Socialization, Motivation, And Academic Performance In American Society, Keith Harrison 2009 University of Central Florida

Scholar-Baller: Student Athlete Socialization, Motivation, And Academic Performance In American Society, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.


A Critical Race Analysis Of The Hiring Process For Head Coaches In Ncaa College Football, Keith Harrison 2009 University of Central Florida

A Critical Race Analysis Of The Hiring Process For Head Coaches In Ncaa College Football, Keith Harrison

Dr. C. Keith Harrison

In this article, we respond to Singer’s (2005) challenge to sport management scholars to consider race-based epistemologies in conducting certain kinds of research in the field, as we use critical race theory (CRT) as a framework to analyze the Black Coaches & Administrators (BCA) Hiring Report Card (HRC) (Harrison & Yee, 2009). The BCA HRC was created as a result of the access discrimination that has historically taken place in college sport (Brooks & Althouse, 2000; Cunningham & Sagas, 2005), which has consequently contributed to the underrepresentation of racial minorities in the head coach position in college football. The HRC places the hiring process of predominantly white institutions of higher education (PWIHE) under public scrutiny, with the ultimate goal of changing the decision-making process when these institutions hire head football coaches. This article utilizes CRT ...


Teaching The Tensions, Angela P. Harris 2009 University of California - Davis

Teaching The Tensions, Angela P. Harris

Angela P Harris

No abstract provided.


Denying Choice Of Forum: An Interference By The Massachusetts Trial Court With Domestic Violence Victims' Rights, Margaret B. Drew, Marilu E. Gresens 2009 Northeastern University School of Law

Denying Choice Of Forum: An Interference By The Massachusetts Trial Court With Domestic Violence Victims' Rights, Margaret B. Drew, Marilu E. Gresens

Margaret B Drew

The article discusses the due process denials inherent in the Massachusetts scheme designed to defeat the victim's choice of forum for hearing on a civil protection order petition. The scheme would divert many protection orders to family court even though the statute in question permits filing and hearing of the petitions in district, superior and famiy courts. The diversion would be available whenever there is a related case filed in family court at the time that the petition for protection is filed. More alarmingly, the petition could be diverted to family court if a subsequent action was filed in ...


Gay And Lesbian Elders: History, Law, And Identity Politics In The United States, Nancy J. Knauer 2009 Temple University School of Law

Gay And Lesbian Elders: History, Law, And Identity Politics In The United States, Nancy J. Knauer

Nancy J. Knauer

The approximately two million gay and lesbian elders in the United States are an underserved and understudied population. At a time when gay men and lesbians enjoy an unprecedented degree of social acceptance and legal protection, many elders face the daily challenges of aging isolated from family, detached from the larger gay and lesbian community, and ignored by mainstream aging initiatives. Drawing on materials from law, history, and social theory, this book integrates practical proposals for reform with larger issues of sexuality and identity. Beginning with a summary of existing demographic data and offering a historical overview of pre-Stonewall views ...


The Birth Of Legal Aid: Gender Ideologies, Women, And The Bar In New York City, 1863-1910, Felice J. Batlan 2009 Chicago-Kent College of Law

The Birth Of Legal Aid: Gender Ideologies, Women, And The Bar In New York City, 1863-1910, Felice J. Batlan

Felice J Batlan

This article provides a case study and an in-depth analysis of the WWPU. It then discusses how by the turn of the century, when the Society became the dominant provider of legal aid in New York City, women’s roles as legal providers and recipients of legal aid was even further expanded. By doing so, I demonstrate that gender was foundational to the development of legal aid and that women played crucial roles as lawyers, benefactors, and clients. Although this article focuses on New York, legal aid organizations in cities such as Chicago and Philadelphia also first arose to provide ...


Addressing Domestic Violence Through The Law: A Guide To - The Protection Of Women From Domestic Violence Act, 2005, Saumya Uma 2009 National Law School of India University

Addressing Domestic Violence Through The Law: A Guide To - The Protection Of Women From Domestic Violence Act, 2005, Saumya Uma

Dr. Saumya Uma

The book is essentially a guide to the use of Protection of Women from Domestic Violence Act (PWDVA), 2005. Intended for the use of district lawyers, as well as other concerned members of the civil society, the book is in a question and answer format, containing an analysis of the provisions and impact of the law, as well as extracts of landmark judgments of the High Courts and the Supreme Court of India. It has been printed in both English and Hindi.


Welcoming Women: Recent Changes In U.S. Asylum Law, Jillian Blake 2009 University of Michigan Law School

Welcoming Women: Recent Changes In U.S. Asylum Law, Jillian Blake

Jillian Blake

No abstract provided.


A Woman's Worth, Kimberly D. Krawiec 2009 Duke Law School

A Woman's Worth, Kimberly D. Krawiec

Kimberly D. Krawiec

This Article examines three traditionally “taboo trades”: (1) the sale of sex, (2) compensated egg donation, and (3) commercial surrogacy. The Article purposely invokes examples in which the compensated provision of goods or services (primarily or exclusively by women) is legal, but in which commodification is only partially achieved or is constrained in some way. I argue that incomplete commodification disadvantages female providers in these instances, by constraining their agency, earning power, or status. Moreover, anticommodification and coercion rhetoric is sometimes invoked in these settings by interest groups who, at best, have little interest in female empowerment and, at worst ...


Converging Queer And Feminist Legal Theories: Family Feuds And Family Ties, Elaine Craig 2009 Dalhousie University Schulich School of Law

Converging Queer And Feminist Legal Theories: Family Feuds And Family Ties, Elaine Craig

Elaine Craig

The notion that queer theory and feminism are inevitably in tension with one another has been well developed both by queer and feminist theorists. Queer theorists have critiqued feminist theories for being anti-sex, overly moralistic, essentialist, and statist. Feminist theorists have rejected queer theory as being un-critically pro-sex and dangerously protective of the private sphere. Unfortunately these reductionist accounts of what constitutes a plethora of diverse, eclectic and overlapping theoretical approaches to issues of sex, gender, and sexuality, often fail to account for the circumstances where these methodological approaches converge on legal projects aimed at advancing the complex justice interests ...


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