Digital Commons Network^™

Legal Archaeology And Feminist Legal Theory: A Case Study Of A Violation Of A Protective Order , Debora L. Threedy

ExpressO

This article explores the intersection between the field of legal archaeology and feminist legal theory through the medium of a case study of the prosecution of the violation of a protective order.

Both legal archaeology and feminist theory employ “bottom up,” or grounded, theorizing; that is, they begin with specific context and move from there to generalization or abstraction, rather than the other way around. And both operate from a critical perspective that consciously challenges what we think we know about how law operates. For example, both are interested in exploring how systemic vulnerabilities, such as conscious or unconscious gender …

In The Best Interest Of The Child, Ellen L. Buckwalter

ExpressO

Each year more than 200,000 children in the United States are abducted by family members. When a child is abducted across international borders, the difficulties are compounded. Since the late 1970s, The Department of State’s Office of Children’s Issues has been contacted in approximately 16,000 cases involving children who were either abducted from the United States or prevented from returning to the U.S. by one of their parents.

The Hague Convention on the Civil Aspects of International Child Abduction (“the Convention”) adopted on October 24, 1980, reflects a worldwide concern about the harmful effects that parental kidnapping has on children …

The Punishment Of Dixie Shanahan: Is There Justice For Battered Women Who Kill?, Leigh Goodmark

ExpressO

The article explores the prevailing theories justifying criminal punishment in the United States through the lens of the case of Dixie Shanahan, an Iowa woman who was sentenced to fifty years imprisonment for killing her abusive spouse after nineteen years of battering. The article begins with a detailed examination of the life of Dixie Shanahan and places her within the context of the literature on battered women who kill. The piece then looks at both retributivist and utilitarian justifications for punishment and concludes that only a retributivist rationale justifies the punishment of Ms. Shanahan and other battered women who kill, …

The Children Of Science: Property, People, Or Something In Between?, Star Q. Lopez

ExpressO

How should states classify embryos? The war has often waged between two classifications, people versus property. But what if a state assumed something in between, finding the embryo to be a potential person entitled to special respect? If a state adopted this position, how would the law affect medical research?

Presuming embryos constitute potential persons, the debate would continue with how to define “special respect.” The status of a potential person runs along a spectrum between property and personhood. How one defines “special respect” determines where the potential person falls along this spectrum. Special respect would create a spectrum of …

To Protect Or To Serve: Confidentiality, Client Protection And Domestic Violence, Dana Harrington-Conner

ExpressO

This article addresses the ethical dilemma of whether and when the attorney for an adult victim of domestic violence can or should disclose confidential communications for the protection of his or her own client.

Advocates maintain that domestic violence is the single major cause of injury to women in the United States. The risks are undeniable. An attorney representing a client who remains in or voluntarily returns to a violent relationship may confront conflicting ethical duties because it is difficult, if not impossible, for the attorney to determine which cases will end in further violence and which will not.

This …

Loyalty's Reward — A Felony Conviction: Recent Prosecutions Of High-Status Female Offenders, Michelle S. Jacobs

UF Law Faculty Publications

Between 2001 and 2004, six high-status women were charged with crimes in connection with corporate criminal cases. The public is familiar with some of them, although not all of their cases have been covered equally in the press. With the exception of an occasional article now and then mentioning the exploding rates of female incarceration, women's crime tends to be invisible to the public eye. The statistical data the government collects and analyzes on women and crime will be discussed. This article will focus on the prosecution of the individual cases of Lea Fastow, Betty Vinson, and Martha Stewart. Their …

The New Biopolitics: Autonomy, Demography, And Nationality, Jedediah S. Purdy

ExpressO

No abstract provided.

Pregnancy In Pieces: The Potential Gap In State And Federal Provided Pregnancy Leave, Sarah Stewart Holland

ExpressO

This Comment describes a New Jersey Supreme Court in detail, along with the current state of both federal and state leave laws and federal and state pregnancy discrimination laws. Next, this Comment argues that it is the interaction of federal and state leave laws that most often creates a gap in leave and that this gap produces a disparate impact on pregnant employees, which violates the Pregnancy Discrimination Act. It also examines the most common misinterpretations courts make when examining pregnant employees’ requests for recovery under anti-discrimination laws. In conclusion, this Comment advocates for the treatment of pregnancy as one …

Gender Equality, Social Values And Provocation Law In The United States, Canada And Australia, Caroline A. Forell

ExpressO

In this article I examine and compare the partial defense of provocation as it applies to domestic homicide in Australia, Canada, and the United States on both the gendered-male basis of jealous rage and gendered-female basis of fear. I explain why substantive equality, prevalent under Canadian constitutional law, has not resulted in woman-friendly provocation rules in Canada and the United States and why Australia is the leader in incorporating substantive equality into its provocation doctrine. I conclude that the main reason why some Australian jurisdictions have abolished provocation and others have female-friendly versions of the doctrine is that, unlike Canada …

Principled Parentage: Abandoning The Gender-Based Underpinnings Of Legal Parentage Analysis As Applied In The Context Of Gestational Surrogacy, Jennifer A. Kimball

ExpressO

While reproductive technology has provided new options for women who want children, our legal understanding of parentage is still informed by the traditional conception model of two parents: one male and one female. A parent who both is a biological parent and has developed a parent-child relationship with a genetic child ought to be considered a legal parent as well. This conclusion ought not to be vulnerable to attack based on the gender of the other parent; rather, each parent’s claims should be evaluated independently. When gender becomes irrelevant and we abandon the gender-based underpinnings of legal parentage analysis as …

Voices Raised, Issue 11, University Of Dayton. Women's Center

Women’s Center Newsletter

Included in this issue: Women’s History Month; HERS develops future women leaders; Women’s Leadership Conference promises real stories from real women; New Opportunities in Women’s Studies; UD’s Woman of Influence; The Art of Irish Dance; Body Monologues calls for thoughts about your body; UD Monologues is a diverse show everyone can relate to; Keep your mind and heart open to new possibilities.

The Role Of Women In Peacekeeping And Peacemaking: Devising Solutions To The Demand Side Of Trafficking, Connie De La Vega, Chelsea E. Haleynelson

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Superstition-Based Injustice In Africa And The United States: The Use Of Provocation As A Defense For Killing Witches And Homosexuals, Jennifer Dumin

ExpressO

This Article examines two different instances where strong cultural and religious beliefs suggest that an individual is justified in taking another’s life. Focusing primarily on South Africa and the United States, it argues that the rationale used to defend those who kill suspected witches and those who kill suspected homosexuals is the same – merely because a criminal holds a belief that the victim is evil, the criminal is somehow entitled to a lesser punishment. In the United States, those who readily recognize the absurdity of the witchcraft defense may have some difficulty in recognizing the same level of absurdity …

Violence Against Women: An Obstacle To Equality, Sheila Dauer

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Man-Made Menopause, Madeline Horwitz

Undergraduate Research Symposium (UGRS)

In this study I suggest that there are three distinct time periods mark new developments in society’s understanding of menopause, Victorian America in the mid and late nineteenth century, mid-twentieth century America, and contemporary America. This is the case not only in terms of advances in biological science, but also the ways in which the medical establishment has viewed menopause has also changed, and in terms of changes in prevalent gender assumptions. In this paper I hope to expose the ways science, history, and society has medicalized menopause, and the ways in which menopause has been viewed by individual women, …

Women And Microfinance: Why We Should Do More, Elissa Mccarter

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Lessons Unlearned: Women Offenders, The Ethics Of Care, And The Promise Of Restorative Justice, Marie A. Failinger

Fordham Urban Law Journal

This article focuses on the reality that women's relationality, and particularly their relationships with men in their lives, profoundly affects the behavior that lands them in the criminal justice system. The author argues that restorative justice, which is essentially grounded on an ethical understanding of crime and treats the offender an as interacting subject/agent, is a necessary avenue of response to most women offenders' crimes, and that corrections must go beyond a psychological approach that treats crimes as a form of illness, or a systematic model which attempts primarily to rectify deficits in women's social situation.

Reconceptualizing Domestic Violence In India: Economic Abuse And The Need For Broad Statutory Interpretation To Promote Women's Fundamental Rights, Pami Vyas

Michigan Journal of Gender & Law

This Article explores the reconceptualization of domestic violence in India through an analysis of the economic abuse provision of the recently passed Domestic Violence Act. The author argues that although India has taken a significant step towards advancing women's rights by characterizing economic abuse as a form of domestic violence, effective implementation of the law requires a broad interpretation of the economic abuse provision. To be consistent with the purpose of the statute and India's constitutional and international human rights obligations, "economic abuse" must be interpreted broadly to include the deprivation of a woman's control over her economic resources. Economic …

Roman Rape: An Overview Of Roman Rape Laws From The Republican Period To Justinian's Reign, Nghiem L. Nguyen

Michigan Journal of Gender & Law

The modern Western crime of rape is commonly defined as "[u]nlawful sexual activity (esp. intercourse) with a person (usu. a female) without consent and usu. by force or threat of injury," and it is often seen as an assault of the person's body and a violation of self-autonomy. However, this differs significantly from the conception of rape in ancient Rome. In fact, "there is no single word in... Latin with the same semantic field as the modern English word 'rape.'” For the Romans, the act of rape was covered under a variety of legal terms, but each of those words …

A Sign Of "Weakness"? Disrupting Gender Certainties In The Implementation Of Security Council Resolution 1325, Dianne Otto

Michigan Journal of Gender & Law

This Article will examine whether efforts to implement the Resolution suggest new ways to address the old problems: the reliance on stereotyped gender representations to rally women in the cause of peace and the vexed strategic question of how movements for transformative change might influence the mainstream institutions of international law and politics. The first concerns the way that the category of gender is deployed by women's peace activism and by international institutions as they respond to it. The author’s question is whether it is possible to rally women to promote peace, while also challenging the gender dichotomies that underpin …

At The Top Of The Pyramid: Lessons From The Alpha Women And The Elite Eight, Jayne W. Barnar

Maryland Law Review

No abstract provided.

Like A Fish Needs A Bicycle: Public Corporations And Their Shareholders, Theresa A. Gabaldon

Maryland Law Review

No abstract provided.

Opening The Doors To Women? An Examination Of Recent Developments In Asylum And Refugee Law, Marissa Farrone

Saint Louis University Law Journal

No abstract provided.

There's No Place Like Home? The Effects Of Childhood Themes On Women's Aspirations Toward Leadership Roles, Janet Wojtalik

Electronic Theses and Dissertations

The shortage of women in leadership positions remains a far-reaching concern in all management arenas. Although the literature hints at the influence of the internal barriers of lack of self-confidence, poor self-esteem and the overwhelming attitude of instinctive male dominance, the literature fails to address the impact of early childhood themes on the development of these misconceptions. The purpose of this study was to explore the impact of childhood themes on women's aspirations toward leadership as suggested by the Eccles Model of Achievement Related Choices. Early childhood gender related experiences of women in leadership and non-leadership roles were solicited using …

The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang

Michigan Journal of International Law

By situating the U.S. rise to dominance in historical and political context, this Article underscores the significance of U.S. unilateralism for international anti-trafficking law and policy.

Female Gender Themes In Women's Magazines: A Content Analysis Testing And Extending Themes Uncovered By Erving Goffman, Sarah Elizabeth Morton

UNLV Retrospective Theses & Dissertations

This study is based on the ideas and studies of Erving Goffman (1922-1982), an influential sociologist and communications scholar (Manning, 1992). Most prior scholars, such as McLaughlin (1999) and Reichert (2003), have chosen to simply repeat and reaffirm Goffman's themes, while largely ignoring that both times and society have changed. Thus, this study proposes not only to repeat Goffman's methods, but also to extend and retest his findings in the modern day. A quantitative content analysis will be employed, using the following women's magazines: Cosmopolitan, In Style, Allure, Glamour, and Marie Claire. The replication of this study is imperative in …

Voices From Two Sides Of The Atlantic: A Multiple Case Study Of Women's Leadership, Eva Anneli Adams

UNLV Retrospective Theses & Dissertations

People learn and adopt cultural values through socialization. "Voices from Two Sides of the Atlantic" is a multiple-case study about the influence of national socialization on women's leadership experiences. The main research question of the study was: Does national enculturation impact how women lead, and if so, how is it reflected in participants' responses?;This study examined leadership experiences of three Finnish and three American women. It investigated how the participants associate their values with their leadership experience and how they perceive the social context in which they grew up influences leadership. The theoretical framework of the study was based on …

Violent Women In Film And The Sociological Relevance Of The Contemporary Action Heroine, Kathryn A Gilpatric

UNLV Retrospective Theses & Dissertations

This research examines mainstream representations and imagery of violent women in American cinema in a broad sense, and looks more specifically at the sociological relevance of the contemporary filmic action heroine. This research is not interpretive in nature but instead draws upon original data gained from an extensive content analysis spanning a 15-year period from 1991 to 2005. In addition, the research includes secondary source data gathered from movie industry statistics and industry reports in order to provide an empirically descriptive analysis of violent female action characters in contemporary American film; While many feminist film theorists argue that female action …

Voices Of Women: Telling The Truth Through Art Making, Alice Pennisi

Journal of Social Theory in Art Education

On Wednesdays, when the last period of the school day is finished, the students trickle out of room 412 of Burnham High School and the young women enter who have been waiting outside. They immediately push all the desks to the side or back walls, leaving a large open space. Then each carries a chair toward the front of the room, creating a circle. Someone closes the door, and they begin to talk with one another. Thus begins a weekly meeting of Voices of Women (VOW), a group comprised mainly of high school girls who create collaborative artwork based on …

Deconstructing Laundry: Gendered Technologies And The Reluctant Redesign Of Household Labor, Constance L. Shehan, Amanda Moras

Sociology Faculty Publications

This paper examines the ways in which technological innovations have entered the home through the process of laundry. We take a brief look at the history of laundry technology, examining the costs of locating laundry in the private sphere and discussing alternatives. We highlight the links between laundry technology and ideologies about “women’s place.”