Law Commons^™

Gender And Inclusive Growth, Professor Vibhuti Patel

Professor Vibhuti Patel

In spite of claim of ‘gender inclusive growth’ by the Eleventh Five Year Plan (2007-2012), the mass of Indian women have not only been bypassed but also marginalised in the growth process. Real wages of mass of women have declined. Due to withdrawal of the state from social sector, women’s work burden in unpaid care economy (cooking, cleaning, nursing, collecting fuel-fodder-water, etc.) has increased manyfold. Subordinate status of women manifests in declining child sex ratio i.e., ‘missing girls phenomenon’, deteriorating reproductive and child health, feminisation of poverty, increased violence against women, enhanced mortality and morbidity among girls and women and …

Clark Memorandum: Fall 2011, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• Two Cheers for Thinking Like a Lawyer (Michael W. Mosman)
• The Struggle for Gender Equality (Sherril A. Elsworth)
• Predicting Violence (Shima Baradaran and Frank McIntyre)
• Women of Influence (Jane H. Wise)
• Wheels to Keep Us Moving (Sara Nielson)

Satyagraha As A Peaceful Method Of Conflict Resolution By Vibhuti Patel, Professor Vibhuti Patel

Professor Vibhuti Patel

Conflict resolution discourse of modern problem solving and win-win [as opposed to power-based and zero sum] approaches leading to integrative conflict resolution [as opposed to mere compromise and distributive outcomes] strongly echoes Gandhi's own writings and the analyses of some Gandhian scholars. The Twenty-First Century radical thinkers of environment, human rights and women's movement advocate conflict resolution techniques as potentially being about more than the solution of immediate problems that see a broader personal and societal transformation as the ultimate goal. Gandhian Satyagraha should be squarely located within conflict resolution discourse. In this principle of non-violence, Mahatma Gandhi introduced technique …

Women’S Organizations In Tunisia: Transforming Feminist Discourse In A Transitioning State, Caitlin Mulrine

Independent Study Project (ISP) Collection

On October 23^rd, Tunisians voted in their first democratic election in the state’s history with much at stake after overthrowing the 23 year reigning dictator. As the era of Ben-Ali politics and social policy unraveled, Tunisians began to develop their own sophisticated political discourse as they collaborated to decide the direction of their state. Within this discourse, there emerged a sharp divide within the population, masked by Ben-Ali’s suppressive politics, over the issue of religion. Islamists, organized under Al-Nahda and other independent parties, stood in opposition to secularists who aimed to maintain a separation between religion and state. …

Moms Behind Bars: Motherhood In Eshowe Correctional Center, Indiana Gowland

Independent Study Project (ISP) Collection

Motherhood represents a integral part of human life. In South Africa particularly, mothers are primarily responsible for caring for their families, often with little or no help from a male partner. But what happens to the notion of motherhood when women find themselves separated from their children or raising children in a restrictive and harsh environment? This study looks at the construction of motherhood within Eshowe Correctional Facility for Women. I conducted research as an attachment to Phoenix Zululand, an organization that provides rehabilitation services to inmates in the prisons of Zululand. For two weeks, I lead Phoenix's program “Starting …

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, …

Holding My Breath: The Experience Of Being Sikh After 9/11, Muninder Kaur Ahluwalia

Department of Counseling Scholarship and Creative Works

This article is based on the author’s experiences after the 9/11 terrorist attacks in New York City and the impact of the attacks on her life as a New Yorker, an academic, and a member of a Sikh family and community. To position the author’s narrative, her reflection integrates race-based traumatic stress (Carter, 2007), a model suggesting that individuals who are targets of racism experience harm or injury. The author outlines lessons learned that affect her both personally and professionally, including (a) Paralysis can happen but advocacy and allies are healing, (b) Trauma changes the work, and (c) …

Women’S Work, Stephanie M. Wildman

Gender and Sexuality Studies @ SCU

In 1982, when Lillian Garland, a receptionist at a West Los Angeles branch of California Federal Savings and Loan, took maternity leave to have a baby, she didn’t plan on spending several months away from work. But Garland suffered complications; the doctor delivered her daughter by Caesarean section and prescribed three months’ leave.

When Garland sought to return to work at Cal Fed, the bank told her that her job had been filled; no other positions were available. Garland, a single mother and now unemployed, couldn’t pay the rent on her apartment and was evicted. She agreed to let the …

A Long Battle For The Girl Child By Vibhuti Patel, Professor Vibhuti Patel

Professor Vibhuti Patel

The Forum against Sex Determination and Sex Preselection began its campaign in Mumbai against discriminatory abortions of female foetuses in April 1986. In the 25 years since then, laws have been enacted against the practice but female foeticide continues. It is a major challenge to fight the use of pre-selection techniques for sonpreference without jeopardising women’s right to safe abortion.

Female Sexism, Tasha Choi, Sirikwan Pitalkwaltanakul

Festival of Communities: UG Symposium (Posters)

Sexism in the sciences is not just relevant to the sciences but in all fields of study. Woman are steadily on the rise, many going to college, and much more graduating with a degree in sciences and other male dominated fields. But despite the increase of female academic success, there are still fewer females in careers like science and professorship. Many factors contribute to sexism in the sciences, those factors being motherhood and family commitments, social interactions of female and male from early youth, social barriers in the field, and possible biological theories.

Can Female Genital Mutilation Victims Benefit From Corrective Surgery: To Regain Sexual Pleasure And Be “Whole” Once Again?, Monique Sulls

Festival of Communities: UG Symposium (Posters)

Female Genital Mutilation (FGM) is defined by the World Health Organization, (WHO), as the removal or cutting of the external female genitalia. WHO estimates between 100 and 140 million girls and women worldwide currently live with the consequences of FGM. The study finds that through corrective surgery, pre/post therapy, counseling, and sexual education victims to FGM can regain sexual pleasure providing them a chance to be “Whole” once again.

Unfinished Business: Building Equality For Women In The Construction Trades, Susan Moir, Meryl Thomson, Christa Kelleher

Labor Resource Center Publications

This review and analysis of over one hundred and twenty published and unpublished sources on the unfinished business of increasing women’s participation in the construction workforce over the past thirty-plus years aims to:

• Provide a definitive assessment of the consistency of evidence on the daunting challenges facing women who seek to enter and advance in the construction workplace and
• Examine the failure of a critical social policy intended to address occupational segregation and ensure access to high-paying jobs to women.

Using the wide array of available sources, this report provides a historical overview of policy efforts to integrate women into …

Director's Letter, Sarah Chinn

Center for LGBTQ Studies (CLAGS)

As I write this, the snow is slowly melting: the residue of the blizzard that brought 2010 to a close (and ground the East Coast to an almost complete halt). The stillness of the air outside fosters a kind of meditativeness, although it's hard to get a firm grasp on the events of the past few weeks. After what seemed like an endless parade of false starts, Congress finally overturned Don't Ask, Don't Tell, a policy that came into being at the same time as our newest crop of undergraduates. And at almost the same moment, the DREAM Act, legislation …

Employment, Sexual Orientation, And Religious Beliefs: Do Religious Educational Institutions Have A Protected Right To Discriminate In The Selection And Discharge Of Employees?, Ralph D. Mawdsley

Brigham Young University Education and Law Journal

No abstract provided.

Feminism And Democracy, Louis Edgar Esparza

Human Rights & Human Welfare

After work on December 1, 1955 in Montgomery, Alabama, Rosa Parks walked onto a bus that was to take her home that night. She ended up on a trip to jail instead, for refusing to give her seat to a white passenger. The event triggered resistance to bus segregation, the founding of the Montgomery Improvement Association, and the election of the then-unknown Dr. Martin Luther King as its leader. The success of the campaign is an integral battle in our historical retellings of the US African American Civil Rights Movement. Fewer recount the sexual harassment against black women by white …

Sport And Masculinity: The Promise And Limits Of Title Ix, Deborah Brake

Book Chapters

This paper uses the lens of masculinities theory to examine the connections between sport and masculinity and considers how law both reinforces and intervenes in sport’s production of masculinity. The paper urges moving beyond a "women vs. men" framework for examining gender equality in sport to include critical study of sport’s relationship to masculinities. The primary law examined in this chapter is Title IX of the Education Amendments in 1972, which is widely (and properly) credited with the explosive growth of women’s sports in the intervening decades. While Title IX has greatly expanded the range of culturally valued femininities for …

Purposeful Engagement Of First-Year Division I Student-Athletes, Keith Harrison

Dr. C. Keith Harrison

This study examined the extent to which transitioning, first-year student-athletes engage in educationally sound activities in college. The sample included 147 revenue and nonrevenue first-year student-athletes who were surveyed at four large Division 1-A universities. Findings revealed that revenue and nonrevenue first-year student athletes differed regarding their academic and athletic identities. Transitioning revenue student-athletes rated themselves as having slightly higher athletic identities, yet lower academic identities compared to their nonrevenue counterparts. The findings from this study also indicated that the kinds of effective educational practices that first-year student-athletes engage in have a positive influence on their academic self-concept. These findings …

Feminism And Feminist Scholarship Today, Toril Moi

Journal of Feminist Scholarship

No abstract provided.

From The Editors, Anna M. Klobucka, Jeannette E. Riley, Catherine Villanueva Gardner

Journal of Feminist Scholarship

No abstract provided.

The Irony Of Refuge: Gender-Based Violence Against Female Refugees In Africa, Liz Miller

Human Rights & Human Welfare

The Sudanese soldiers and the Janjawid invaded her village. When she tried to escape, they gang-raped her. At that time, she was eight months pregnant and described giving birth to a dead baby afterward and being very sick. She could not make it with her group to the border to flee to Chad so she had to walk alone. Once she got to Chad, she was raped by a Chadian soldier outside of the camp and became pregnant. Afterwards, her husband divorced her, and she now lives with the stigma of being a rape victim. She has been expelled from …

Engendering Injustice: Drug Laws, Drug Economies, And The Marginalization Of Women In New York State, Kate Mcgee

American Studies Senior Theses

On November 8, 1983, Elaine Bartlett left her apartment in Harlem, and headed to Grand Central Station. There, she met her boyfriend, Nate. They were headed to the Monte Mario Hotel in Albany. To any bystander, they may have looked like any other couple. But Elaine Bartlett knew different. That’s because she had a four-ounce bag of cocaine stuffed down the front of her pants. In 1983, Bartlett was a twenty-six year old woman with four children. A male friend, George Deets—although she knew him as Chris at the time—told her that if she delivered the drugs, she could earn …

Human Rights Are Mutual Obligations: The Perceptions Of Pakistani Muslim Women About Rights And Freedom, Rashida Qureshi

Book Chapters / Conference Papers

No abstract provided.

An Equal Rights Amendment To Make Women Human, Ann Bartow

Law Faculty Scholarship

[Excerpt] “I can state with some authority that two times fourteen is twenty-eight, flouting the stereotype that women are inept at mathematics and simultaneously framing my argument in favor of an Equal Rights Amendment (ERA). Though the Fourteenth Amendment' provides women with partial legal armament (a dull sword, a small shield), equal protection requires something twice as powerful in the form of a Twenty-Eighth Amendment that would expressly vest women with equal rights under the law. The Fourteenth Amendment has completed only half of the job.”

Feminism And Feminist Scholarship Today, Amrita Basu

Journal of Feminist Scholarship

No abstract provided.

Feminism And Feminist Scholarship Today, Jennifer Baumgardner, Amy Richards

Journal of Feminist Scholarship

No abstract provided.

Feminism And Feminist Scholarship Today, Deborah A. Castillo

Journal of Feminist Scholarship

No abstract provided.

Feminism And Feminist Scholarship Today, Rachel Blau Duplessis

Journal of Feminist Scholarship

No abstract provided.

Feminism And Feminist Scholarship Today, Agnieszka Graff

Journal of Feminist Scholarship

No abstract provided.

Feminism And Feminist Scholarship Today, Elizabeth Grosz

Journal of Feminist Scholarship

No abstract provided.

Feminism And Feminist Scholarship Today, Joy A. James

Journal of Feminist Scholarship

No abstract provided.