Digital Commons Network^™

Sex Changes And “Opposite-Sex” Marriage: Applying The Full Faith And Credit Clause To Compel Interstate Recognition Of Transgendered Persons’ Amended Legal Sex For Marital Purposes

San Diego Law Review

This Comment argues that, in most cases, states are constitutionally bound to give full faith and credit to laws and judgments rendered in

sister states, including those that result in changes of the sex designated on birth certificates. The sex designated on the birth certificate controls gender identity for all legal purposes of the individual named therein. Therefore, unless a forum state demonstrates that allowing transsexuals and intersexuals to marry in their legal gender is contrary to an important state interest, that state must recognize “opposite-sex” marriages involving transsexuals and intersexuals.

Gender And Intercollegiate Athletics: Data And Myths, Julia C. Lamber

Articles by Maurer Faculty

This Article explores what nondiscrimination means in the context of intercollegiate athletics. After reviewing the Department of Education's controversial Title IX Policy Interpretation, it critically examines the analytical framework used in Title IX athletic cases and concludes that commonly made analogies to litigation under Title VII of the 1964 Civil Rights Act are inapt. A major part of the Article is an empirical study, looking first at gender equity plans written by institutions of higher education for the National Collegiate Athletic Association and then at data collected from more than 325 institutions pursuant to the Equity in Athletics Disclosure Act. …

From Gender Apartheid To Non-Sexism: The Pursuit Of Women's Rights In South Africa, Penelope Andrews

Articles & Chapters

This article discusses the quest for women's rights in South Africa and how the transition from apartheid to democracy led to a commitment to gender equality as incorporated in South Africa's transitional and final Constitutions. This paper refers to the organizational attempts by women prior to and during the constitutional drafting process to ensure that the new Constitution embodied the aspirations and reflected the struggles for women's rights by women activists in South Africa. This article is divided into six sections. Section Two describes the legacy of apartheid for all women in South Africa. This section shows how the laws …

Sport And Society, Robert Washington, David Karen

Sociology Faculty Research and Scholarship

Despite its economic and cultural centrality, sport is a relatively neglected and undertheorized area of sociological research. In this review, we examine sports' articulation with stratification issues, especially race, class, and gender. In addition, we look at how the media and processes of globalization have affected sports.We suggest that sports and cultural sociologists need to attend more closely to how leisure products and practices are produced and distributed and how they intersect with educational, political, and cultural institutions. We propose the work of Bourdieu andthe new institutionalism to undergird future research.

Report Of The Race, Class, Ethnicity And Gender Working Group, Dana Hamilton

Fordham Law Review

No abstract provided.

Your Place, My Place, Interface, Lelia Green (Ed.)

Research outputs pre 2011

This publication is the output of 2001 School of Communications and Multimedia post-graduate cohort. For many of us this is the first time our own work will be seen beyond the assignment or the essay destined for the tutor. For students from the interactive multimedia and film and video streams communicating in the written word without the assistance of pictures and electrical gadgetry can be a frightening experience. Further, most us of had little experience in creating or simulating an academic journal with all that it entails. Still, with assistance of our publications unit coordinator Lelia Green we soldiered on. …

Brief For The Plaintiff-Appellant Lucas Rosa In The United States Court Of Appeals For The First Circuit Lucas Rosa V. Park West Bank And Trust Company On Appeal From The United States District Court For The District Of Massachusetts, Jennifer L. Levi

Faculty Scholarship

This is the brief for the Plaintiff-Appellant Lucas Rosa v. Park West Bank and Trust Company in the United States Court of Appeals for the First Circuit. This appeal is from a Final Judgment, entered October 18, 1999, that disposed of all claims in the case. This case involves an action brought pursuant to the Equal Credit Opportunity Act and Massachusetts statutes forbidding discrimination in places of public accommodation, and credit, against a bank for refusing to issue and accept a loan application from a bank customer because of the customer's sex.

Epilogue, Jennifer L. Levi

Faculty Scholarship

The First Circuit reversed the district court's order dismissing Lucas Rosa's claim against Park West Bank. The appeals court's reversal seems to be part of an emerging nationwide rejection of cases from the 1970s and 1980s. In these cases courts summarily dismissed sex discrimination claims brought by transgender plaintiffs, no matter how squarely the facts appeared to present a clear-cut case of discrimination based on sex. This created that appeared to be a "transgender" exception to sex discrimination law. Earlier courts ignored what the First Circuit recognized here-that a bank officer who tells an applicant to go home, change, and …

Curriculum Minutes 11/02/2000, Curriculum Committee

Curriculum Committee Minutes

No abstract provided.

The Role Of Education In The Treatment Of Chronic Pain Patients: A Quantitative Study Of Factors That Influence The Self -Management Of Chronic Pain, Donna L. Agan Edd

Dissertations

The factors involved in the successful self-management of chronic pain are not well understood. Many issues complicate addressing these factors. Individual suffering, exhaustion of family resources, and the costs to society for medical care, lost wages, welfare and disability benefits demand increasingly more resources each year. At the micro level, patients who live the daily rigors of chronic pain want medical science to solve their malady. At the macro level, health plan administrators want their patients to successfully self-manage pain with the least medical intervention and cost, because they know a cure is not probable. In the middle, the medical …

Race, Gender And Performance In Grace Nichols’S The Fat Black Woman’S Poems, Maite Escudero

Journal of International Women's Studies

From the Article:

In a world of diverse cultures and societal beliefs, marginalized groups often share common experiences. Recurrent themes in the literature of black peoples include anti-imperialism, racism, sexism, exile, ‘cultural schizophrenia’, language, otherness and home to ancestors, just to name a few. Yet, there is no single black voice: black writing can come from everywhere in the world – America, Africa, the Caribbean, Asia and Britain. As a result, an individual may become torn between conflicting expressions by others within the same cultural group. What is at issue here is the recognition of extraordinary variation of subjective positions …

Straightening It Out: Joan Williams On Unbending Gender, Adrienne D. Davis

American University Law Review

No abstract provided.

Performativity And Sexual Identity In Calderón’S Las Manos Blancas No Ofenden (White Hands Don't Offend), Matthew D. Stroud

Modern Languages and Literatures Faculty Research

Spanish comedia brims with examples of fluid gender identification. Not only do women frequently dress as men, but other characters almost always accept them as men or women depending solely on the clothes they wear. Is gender so superficial in these plays that it is merely a function of one's choosing the signifiers one wants to wear? Or is there an essentialism to gender that forces each character to assume the gender that corresponds to his or her sex in order to have a happy ending? Or is it something else, perhaps more reflective of Judith Butler's investigations into the …

What's A Man? : Gender Discourse And Fort Ord Newspapers During The Viet Nam War, John Klein

Capstone Projects and Master's Theses

An analysis of the meanings of gender present in authorized and underground newspapers published on and around Fort Ord during the Viet Nam War. Manhood as a social construction are investigated in the context of the military wartime state and the accompanying culture of protest.

Conceptualization Of Post-Traumatic Stress Disorder : Differences By Trauma Type And Gender, Tracy Muklewicz

Honors Capstones

Posttraumatic Stress Disorder has carried various implications for clinicians, particularly in the areas of gender and trauma type. Extensive literature review provides indication that individual research is fairly restricted to highly specific types of PTSD symptoms and presentations, which could limit the overall effectiveness of the disorder as a diagnostic tool. A history of PTSD as a diagnosis is presented. Three types of trauma are discussed in a research setting: Crime victims, military personnel, and gender non-specific traumas. Each study is reviewed in light of future directions for PTSD research to make the diagnostic category less ambiguous and more applicable …

"Trapped" In Sing Sing: Transgendered Prisoners Caught In The Gender Binarism, Darren Rosenblum

Elisabeth Haub School of Law Faculty Publications

This Article first summarizes gender, transgendered identity, and legal issues facing transgendered people to contextualize the lives of transgendered prisoners. Parts II and III explore respectively the placement and treatment issues that complicate the incarceration of the transgendered. Corrections authorities, through indifference or incompetence, foster a shockingly inhumane daily existence for transgendered prisoners. In Part V, I examine the plight of transgendered prisoners through the metaphor of the miners' canary. Transgendered prisoners signal the grave dangers facing all of us in a wide array of social structures, elucidating the apparently intractable problems of gender. This Article simultaneously explores a human …

Gendered Communication Among Second Generation Danish Americans In The "Blair Church:" A Study In Progress, John Mark Nielsen

The Bridge

I am not nor do I pretend to be an expert on gendered communication or feminist criticism. I have, however, used Carol Gilligan's In A Different Voice and Deborah Tannen's You Just Don't Understand in classes with good results.1 While students differ in their responses, these works are accessible to many and have inspired good discussion about how gender may affect decision-making and impact the way messages are sent and received. Additionally, I have found writings by Peggy McIntosh, Carol Smith-Rosenberg, and Barbara Welter helpful in exploring and thinking about the writings of American women writers of the pre-Civil War …

Statutory Rape Law And Enforcement In The Wake Of Welfare Reform, Rigel C. Oliveri

Faculty Publications

The recent national efforts at reforming the welfare system and new research on the connection between teen pregnancy and statutory rape have led many states to enact stricter laws against statutory rape and to increase the enforcement of existing laws. Punitive statutory rape laws are being viewed more and more as a mechanism for shrinking the welfare rolls by reducing teen pregnancy. Rigel Oliveri documents the resurgence of statutory rape law and enforcement and explores the ramifications it will have on teen parents. In particular, Oliveri approaches the issue from several analytical frameworks, discussing arguments for consent-based standards, the privacy …

Agency, Equality, And Antidiscrimination Law, Tracy E. Higgins, Laura A. Rosenbury

UF Law Faculty Publications

Some commentators, perhaps a minority, have argued that the Equal Protection Clause should be read to require the use of race-conscious policies when necessary to eradicate or remedy the most serious consequences of racial inequality. Others have argued that such policies, though not required, should be permitted when duly adopted by the majority of the populace to promote the interests of an historically oppressed minority. Still others, including now a majority of the Supreme Court, take the view that the Constitution forbids virtually all explicit uses of race by the state.

In this Essay, we do not enter this debate …

Sex & Surveillance: Gender, Privacy & The Sexualization Of Power In Prison, Teresa A. Miller

Journal Articles

In prison, surveillance is power and power is sexualized. Sex and surveillance, therefore, are profoundly linked. Whereas numerous penal scholars from Bentham to Foucault have theorized the force inherent in the visual monitoring of prisoners, the sexualization of power and the relationship between sex and surveillance is more academically obscure. This article criticizes the failure of federal courts to consider the strong and complex relationship between sex and surveillance in analyzing the constitutionality of prison searches, specifically, cross-gender searches.

The analysis proceeds in four parts. Part One introduces the issues posed by sex and surveillance. Part Two describes the sexually …

Sex, Gender And Genesis: A Cixousian Exploration Of Language In The Gay Marriage Debates, Nancy Jean Martin

UNLV Retrospective Theses & Dissertations

How does language structure patriarchy? How are gendered language and creation story imagery evidenced in contemporary debates on gay marriage? Helene Cixous suggests that Western thought is organized around binary, hierarchical oppositions---the most fundamental of which are male over female and masculine over feminine. Language and its connections to psychological and her/historical origins are central to her work. Cixous suggests that the separation of male and female, masculine and feminine, result in a war of sexual difference. I explore these themes with a feminist deconstruction of Internet sites in support of and against gay marriage. I then utilize Cixous's feminine …

Foreword-Symposium: Straightening It Out: Joan William On Unbending Gender, Adrienne D. Davis

Scholarship@WashULaw

As most men and women acknowledge, gender is a battleground. Most of us are fairly clear on biological sex: who bears children, who ejaculates sperm, even whose (big) hands might open a stuck jar and whose (smaller ones) could pull that cufflink out of the garbage disposal. What remains less clear is how social gender roles flow from this: Does lactation result in eighteen years of primary caregiving? Should the chemical realities of testosterone shape the law governing sexual assault? 3 Should the dynamics of heterosexual relationships mirror the physics of heterosexual intercourse (penetration equals power)? Does the reality of …

"Runaways": Designing An Alternative Game For Teens: Runaways, Marsha Kinder

SWITCH

The article reveals how control can mitigate the boredom in traditional linear media consumed in days' past, how new interactive media can grant children more agency, and in turn make them feel more empowered. It discusses how childrens' media culture, specifically the trope of "instantaneous physical transformation,'' encourages viewers to have fluid identities and asks if this power can provide a platform for social change. With the help of the "The Changelings Project," a research initiative at the Annenberg Center for Communication at the University of Southern California, Kinder was able to combine these two ideas of agency and fluid …

The Effects Of Gender And Behavior On Elementary Teachers' Attributional Assumptions About Children With Attention Deficit Hyperactivity Disorder, Lisa Rollins

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

Questionnaires compromised of (a) a description of a child (either male or female) exhibiting attention deficit hyperactivity disorder (ADHD) behaviors (either predominately hyperactive/impulsive or predominately inattentive) and (b) 13 questions about the description were completed by 562 regular elementary education teachers in the state of Utah. The questions, which offered teachers a range of responses on a 5 point Likert scale, were designed to assess the extent to which the gender and behaviors of the child described affected the extent to which teachers were able to identify the child as being representative of a child with ADHD, teachers' attributional assumptions …

Curriculum Minutes 03/31/1999, Curriculum Committee

Curriculum Committee Minutes

No abstract provided.

Risk And Recreation: Differences Due To Gender, Age And Education, Joanna Burger

RISK: Health, Safety & Environment (1990-2002)

Dr. Burger explores the differences in risk perception due to gender, age and education with regard to recreation activities on former U.S. Government weapons test sites.

Incidental Memory For Spatial Information In Young Children As A Function Of Age And Gender, Isabelle D. Cherney

Student Work

The purpose of the present study was to investigate Hasher and Zacks' (1979,1984) automaticity theory of memory for spatial location information in young children using two incidental memory tasks. A total of 96 three- and fiveyear- olds (48 boys and 48 girls) were randomly assigned to either the "manipulation condition" (MC) or the "observation condition" (OC). In order to assess task difficulty, half of the participants manipulated a total of 18 genderstereotyped animal toys (male, female, neutral) and half of the participants a total of 9. After a 2 minute filler task, the participants were instructed to return the animals …

Attitudes And Perceptions About Ecological Resources And Hazards Of People Living Around The Savannah River Site, Joanna Burger, Jessica Sanchez, J. Whitfield Gibbons, Jeanine Ondrof, Robert Ramos, Michael J. Mcmahon, Karen F. Gaines, Christine Lord, Marie Fullmer, Michael Gochfeld

Faculty Research & Creative Activity

Although considerable attention is devoted to environmental monitoring and assessment with respect to both pollutants and the status of particular plant or animal populations, less attention is devoted to assessing people's attitudes about the relative importance of ecological resources. In this paper we examine the attitudes and perceptions about ecological resources of people living around the Department of Energy's Savannah River Site (SRS), in South Carolina. Our overall hypothesis is that people who are directly affected by the possible outcomes and consequences of a particular hazard (i.e., those people employed at SRS) will undervalue the risks and overvalue the potential …

Discrimination Cases In The Supreme Court's 1997 Term, Eileen Kaufman

Touro Law Review

No abstract provided.

Issues Of Spirituality And Gender Differences, Michael J. Brawn

Theses

This study focuses on issues of spirituality and gender differences. The often interchanged terms of religion and spirituality are described, and the antagonism of science towards religion which has fostered a dearth of literature is reviewed. Implications for counseling are offered, and observations regarding gender differences are provided. The hypothesis that men and women do not differ on measures of spirituality is examined using the spiritual Well-Being Scale (Ellison & Paloutzian, 1983). Study participants were 45 males and 79 females from a church congregation of moderate Protestants. Results suggest that on measures of spiritual well-being, and on indices of religious …