Law Commons^™

Gender Violence In India Prajnya Report 2010, Professor Vibhuti Patel

Professor Vibhuti Patel

Gender violence in personal lives as well as the systems and structures perpetuating it need serious examination. Indian women experience all kinds of gendered violence at different stages of their lives, from womb to tomb, as a result of modernisation and commercialisation of subsistence economies, family ties becoming less supportive, increasing migration, demanding work, inhuman labour processes in informal economies, sectarian vested interests manifesting through identity politics, trafficking of women and girls as cheap labour, forced marriage and various forms of misogyny in print and electronic media. Honour killing of young lovers and married couples by their relatives brings to …

Ua5/3 University Attorney - Committee File, Wku Archives

WKU Archives Collection Inventories

Unprocessed committee files created by the University Attorney. Committees include the Council on Higher Education Special Committee on Minority Affairs, Administrative Council and Teacher Admissions, Certification, and Student Teaching Committee. This record group is unprocessed and must be reviewed for potential restricted materials before access is granted. Please contact the University Archivist prior to your visit.

Privacy Torts: Unreliable Remedies For Lgbt Plaintiffs, Anita L. Allen

All Faculty Scholarship

In the United States, both constitutional law and tort law recognize the right to privacy, understood as legal entitlement to an intimate life of one’s own free from undue interference by others and the state. Lesbian, gay, bisexual, and transgender (“LGBT”) persons have defended their interests in dignity, equality, autonomy, and intimate relationships in the courts by appealing to that right. In the constitutional arena, LGBT Americans have claimed the protection of state and federal privacy rights with a modicum of well-known success. Holding that homosexuals have the same right to sexual privacy as heterosexuals, Lawrence v. Texas symbolizes the …

Bringing War Criminals To Justice And Justice To Victims: Mass Rape In Bosnia-Herzegovina And The Efficiency Of The Icty, Meredith Loken

Independent Study Project (ISP) Collection

This paper investigates if the International Criminal Tribunal for the Former Yugoslavia has been efficient in achieving its main objective of “bringing war criminals to justice [and] bringing justice to victims.” This study explores the historical context by which the ICTY was created, and therefore examines the disintegration of Yugoslavia, focusing specifically on the Bosnian War. During this conflict, rape was employed as a method of warfare; this paper presents a brief theoretical examination of rape as a war weapon and analyzes rape and sexual violence as explicit methods of ethnic cleansing in Bosnia-Herzegovina. It explores the evolution of gender …

El Papel De La Educación Y Las Ong’S En Mejorar El Acceso A Derechos Para Inmigrantes: El Caso De Los Derechos Sexuales Y Reproductivos = The Role Of Education And Ngo’S In Helping Immigrants Obtain Better Access To Their Rights: The Specific Case Of Sexual And Reproductive Rights, Amy Torres

Independent Study Project (ISP) Collection

In January of 2004, Argentina approved a new immigration law that guaranteed the protection of human rights for all immigrants in the country regardless of their legal status with the State. Among the rights explicitly guaranteed by this law were the right to migrate, the right to education and the right to health care. While this law represents a significant advance by the Argentine government in protecting the human rights of immigrants, oppressive mechanisms still remain in everyday practices that inhibit actual access to their rights.

Considering the changes in the law and the breach between the laws and everyday …

The State-In-Society Approach To Democratization With Examples From Japan, Mary Alice Haddad

Mary Alice Haddad

How does an undemocratic country create democratic institutions and transform its polity in such a way that democratic values and practices become integral parts of its political culture? This article uses the case of Japan to advocate for a new theoretical approach to the study of democratization. In particular, it examines how theoretical models based on the European and North American experiences have difficulty explaining the process of democratization in Japan, and argues that a state-in-society approach is better suited to explaining the democratization process diverse cultural contexts. Taking a bottom-up view of recent developments in Japanese civil society through …

Veiled Women In The American Courtroom: Is The Niqab A Barrier To Justice?, Anita L. Allen

All Faculty Scholarship

U.S. courts and policy-makers have recently authorized laws and practices that interfere with the wearing of religious modesty attire that conceals the hair or face in contexts such as courtroom testimony or driver’s license issuance. For example, in response to a court’s dismissal of the case of a woman who refused to remove her niqab in the courtroom, the Michigan Supreme Court decided that judges can exercise “reasonable control” over the appearance of courtroom parties. But what degree of control over religious attire is reasonable? The Constitution will not allow a blanket niqab removal policy based on any of the …

Dynamics Of Women’S Studies And Women’S Movement By Vibhuti Patel, Professor Vibhuti Patel

Professor Vibhuti Patel

Women’s Studies and Women’s Movement in India since the 1970s: An Overview by Kusum Datta (Kolkata: Asiatic Society), 2007; pp xxiv + 342, Rs 320. This book by Kusum Datta is a result of extensive research at the Asiatic Society, Kolkata in order to showcase the important pedagogical status attained by women’s studies (WS) in the mainstream academia. Jasodhara Bagchi sets the tone with an overview of the state of art in women’s studies and the women’s movement.

Book Review, Professor Vibhuti Patel

Professor Vibhuti Patel

The most mind-boggling issue of the 21st century has been identity politics linked with caste, ethnicity, race, religious and gender identities. It has played havoc in innumerable life situations: in personal lives, in the community, in national politics and in the global scenario. Whether is it communal violence in India, ethnic cleansing in Bosnia, apartheid in South Africa, Crisis in Afghanistan or war on Iraq, genocide in Rwanda or civil war in Sri Lanka, it is these grave socio-political and cultural contexts that makes this seminal contribution by Bhikhu Parekh worthy of debate and discussion.

Correspondence: Dr. Saffy’S Letterhead, May 15, 2010, Jacksonville’S Women Of Influence Project, Edna Louise Saffy

Saffy Collection - All Textual Materials

A letter soliciting contributions toward establishing a Women’s History fund, Jacksonville Women of Influence Project.

Gender And Justice: The Experience Of Female Lawyers In Indiananapolis, Jessica Louise Nelson

Undergraduate Honors Thesis Collection

"Gentleman M.B". is recorded in United States history as far back as 1638, and was a successful landowner, local leader, and attorney to the governor. What is not translated is that this gentleman was, in fact, a woman: Margaret Brent was the first known female attorney, and would be the only one allowed entrance to the Bar for more than 200 years. Even though centuries later, in 1869, Myra Bradwell (Illinois), Mary Magoon (Iowa) and Belle Mansfield (Iowa) gained access to the legal community, women remained an outcast minority until very recently. A mere two percent of the profession was …

Athletic Voices And Academic Victories: African American Male Student-Athlete Experiences In The Pac-Ten, Keith Harrison

Dr. C. Keith Harrison

The purpose of this study was to explore participants’ academic experiences and confidence about their academic achievement. Participants (N = 27) consisted of high-achieving African American male student—athletes from four academically rigorous American universities in the Pac-Ten conference. Most of the participants competed in revenue-generating sports and were interviewed to obtain a deeper understanding of their successful academic experiences. Utilizing a phenomenological approach four major themes emerged: “I Had to Prove I’m Worthy,” “I’m a Perceived Threat to Society,” “It’s About Time Management,” and “It’s About Pride and Hard Work.” Stereotype threat and stereotype reactance are investigated in relation to …

Blameworthiness And Dangerousness: An Analysis Of Violent Female Capital Offenders In The United States And China, Courtney Lahaie

Graduate Research Symposium (GCUA) (2010 - 2017)

The United States and China represent two of the leading nations that retain the death penalty in both law and practice. Research suggests that judges’ sentencing decisions are based primarily on two factors, blameworthiness and dangerousness. Studies involving gender and sentencing in capital punishment cases tend to provide inconsistent findings. The current study uses case narratives to examine the direct and conjunctive effects of various factors on the sentencing decisions of violent female capital offenders in the United States and China. The findings suggest that the concepts of blameworthiness and dangerousness are distinctly defined in the United States and China. …

Getting Foothold In Politics, Professor Vibhuti Patel

Professor Vibhuti Patel

The 73rd and 74th Amendments in the Constitution of India made one million Indian women “elected representatives” in the rural and urban local self government bodies by granting 33% reserved seats in Panchayati Raj Institutions in 1992. During last 16 years, many grassroots activists of the women’s movement have plunged in electoral politics for empowerment of women in their constituency. But when it comes to women’s reservation in legislature and parliament of India, we witness tremendous resistance from the patriarchs. For the first time, the Bill providing 33% reservation to women was introduced on 4 September 1996 known as 81st …

Sex Determination And Sex Pre-Selection Tests In India By Vibhuti Patel, Professor Vibhuti Patel

Professor Vibhuti Patel

countries are undergoing a demographic transition resulting from a combination of low death and birth rates in their populations. This could be partly due to the vigorous promotion of small families by governments in South Asia and Southeast Asia. India adopted the two-child policy in 2004 while China, since 1978, has strictly implemented the “one child per family” policy. Historically, most Asian countries have had a strong preference for sons. This essay examines the gender, sociocultural and demographic implications of the deficit of women and the role of new reproductive technologies, with a focus on sex determination (SD) and sex …

From Undemocratic To Democratic Civil Society: Japan's Volunteer Fire Departments, Mary Alice Haddad

Mary Alice Haddad

How do undemocratic civic organizations become compatible with democratic civil society? How do local organizations merge older patriarchal, hierarchical values and practices with newer more egalitarian, democratic ones? This article tells the story of how volunteer fire departments have done this in Japan. Their transformation from centralized war instrument of an authoritarian regime to local community safety organization of a full-fledged democracy did not happen overnight. A slow process of demographic and value changes helped the organization adjust to more democratic social values and practices. The way in which this organization made the transition offers important lessons for emerging democracies …

The Maine Women's Advocate (2010 - Winter), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

Women's Leadership And Third-Wave Feminism, Kathleen P. Iannello

Political Science Faculty Publications

Leadership is a term that women strive to claim as their own. Whether in the halls of Congress, the corporate boardroom, or the privacy of the home, women’s leadership challenges traditional notions of the concept. Throughout the ages images of leadership feature men in uniform and men in positions of power, whether it be military, government, or market. The traditional view of leaders is imbued with male images of “heroes,” who issue orders, lead the troops—save the day. But leadership has another face. It is the face of Abigail Adams admonishing her husband to “Remember the Ladies” in the formation …

Bedouin Women In The Naqab, Israel: Ongoing Transformation, Marcy M. Wells

Human Rights & Human Welfare

Since its inception in 1948, the state of Israel has based development plans on an agenda of nation-building that has systematically excluded Palestinian Arab citizens such as the indigenous Bedouin. Policies of relocation, resettlement, and restructuring have been imposed on the Bedouin, forcing them from their ancestral lands and lifestyle in the Naqab (or Negev, as it is called in Hebrew) desert of southern Israel. The rapid and involuntary transition from self-sufficient, semi-nomadic, pastoral life to sedentarization and modernization has resulted in dependency on a state that treats the Bedouin as minority outsiders through unjust social, political, and economic structures. …

Dying For Love: Homosexuality In The Middle East, Heather Simmons

Human Rights & Human Welfare

Today in the United States, the most frequent references to the Middle East are concerned with the War on Terrorism. However, there is another, hidden battle being waged: the war for human rights on the basis of sexuality. Homosexuality is a crime in many of the Middle Eastern states and is punishable by death in Sudan, Saudi Arabia, Yemen, Qatar, Kuwait, and Iran (Ungar 2002). Chronic abuses and horrific incidences such as the 2009 systematic murders of hundreds of “gay” men in Iraq are seldom reported in the international media. Speculation as to why this population is hidden includes the …

Political Repression And Islam In Iran, Amy Kirk

Human Rights & Human Welfare

Signs with the slogan, ‘I am Neda’, flooded the streets of Tehran in the violent aftermath of the 2009 presidential elections and assassination of Neda Agha-Soltan. The internationally publicized video of Neda’s death became an iconic rallying point for the reformist opposition in Iran. Stringent clampdowns since the 1979 revolution have signified a sociopolitical change that has endured for three decades. President Khatami’s reform efforts of the late 1990s were stifled by Ahmadinejad’s election of 2005. Since Ahmadinejad’s appointment there has been little official tolerance for political and fundamental Islamic dissent, leading to serious human rights violations against the reformist …

Gay And Lesbian Elders: Estate Planning And End-Of-Life Decisionmaking, Nancy J. Knauer

Nancy J. Knauer

This Article addresses the three areas of core concern for gay and lesbian elders -- chosen family, financial insecurity, and anti-gay bias in the context of estate planning. The first section provides an overview of the current generation of gay and lesbian elders, including a summary of pre-Stonewall history and existing demographic information. The second section outlines the challenges associated with drafting an estate plan that favors chosen family over next of kin. The third section engages the topic of financial insecurity, discussing various benefits and government programs, such as social security and Medicaid planning. The fourth and final section …

Review Of “Sisters Outside: Radical Activists Working For Women Prisoners, By Jodie Michelle Lawston”, Lisa A. Leitz

Peace Studies Faculty Articles and Research

Book review of Jodie Michelle Lawston's "Sisters Outside: Radical Activists Working for Women Prisoners".

What Are You Afraid Of?, Rebecca Minton, Linnea Christine Kennedy, Chapman University, Candy Rodriguez, Rachael Bridgens, Chelsey Coleman, Krista Xvx, Leticia Dessire Mayorga, Stephanie Bovis, Lorene Spiller Gambill

Women’s Studies, Feminist Zine Archive

Writings and art about self-care, the judicial system, Adrienne Rich, the portrayal of women in advertising, Andrea Dowrkin, sex roles and pornography, rape culture, Rita Gross, human trafficking, welfare, contraception, Margaret Sanger, The Vagina Monologues, Guerilla Girls, feminism and religion, Sandra Harding, tenure at Chapman based on gender, and Delores Huerta.

Doma And The Happy Family: A Lesson In Irony, Rhonda Wasserman

Articles

In enacting the Defense of Marriage Act, Congress chose to protect heterosexual marriage because of its “deep and abiding interest in encouraging responsible procreation and child-rearing. Simply put, government has an interest in marriage because it has an interest in children.” Ironically, DOMA may harm, rather than protect, the interests of some children – i.e., the children of gay and lesbian couples.

Both state and federal law reflect the belief that children are better off being raised by two parents in an intact family. This belief is reflected in the marital presumption of paternity, which presumes that a married woman’s …

Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present, Sophia Z. Lee

All Faculty Scholarship

This Article uses the history of equal employment rulemaking at the Federal Communications Commission (FCC) and the Federal Power Commission (FPC) to document and analyze, for the first time, how administrative agencies interpret the Constitution. Although it is widely recognized that administrators must implement policy with an eye on the Constitution, neither constitutional nor administrative law scholarship has examined how administrators approach constitutional interpretation. Indeed, there is limited understanding of agencies’ core task of interpreting statutes, let alone of their constitutional practice. During the 1960s and 1970s, officials at the FCC relied on a strikingly broad and affirmative interpretation of …

Honor, Gender And The Law: Defense Strategies During The Spanish Inquisition, 1526-1532, Katy Iverson

Dissertations, Theses, and Masters Projects

No abstract provided.

Do Ugly Criminals Receive Harsher Sentences? An Analysis Of Lookism In The Criminal Justice System, Kelly Beck

Business and Economics Honors Papers

For many years, researchers have attempted to find a link between beauty and labor market outcomes. Although many important findings have been noted in these studies, the beauty analysis utilized was a subjective measurement. This subjective method, while important, may have external factors creating bias in the rating itself. In this study, the impact of beauty is applied to criminals and their sentences. Using a computer based symmetry measurement tool, an objective beauty measurement will be utilized. This study will seek to uncover whether or not criminals who are less attractive, measured through facial symmetry, receive harsher prison sentences than …

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

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 …