Law Commons^™

Addressing Fundamentalism By Legal And Spiritual Means, Dan Wessner

Human Rights & Human Welfare

A review of:

Religion and Humane Global Governance by Richard A. Falk. New York: Palgrave, 2001. 191 pp.

Gender and Human Rights in Islam and International Law: Equal before Allah, Unequal before Man? by Shaheen Sardar Ali. The Hague: Kluwer Law International, 2000. 358 pp.

Religious Fundamentalisms and the Human Rights of Women edited by Courtney W. Howland. New York: St. Martin’s Press, 1999. 326 pp.

The Islamic Quest for Democracy, Pluralism, and Human Rights by Ahmad S. Moussalli. Gainesville: University Press of Florida, 2001. 226 pp.

Tumbling Towers As Turning Points: Will 9/11 Usher In A New Civil Rights Era For Gay Men And Lesbians In The United States?, Susan J. Becker

Law Faculty Articles and Essays

This article examines the events of 9/11, and the potential resultant shifts in attitude, policies, and laws in the United States, through the lens of civil rights extended to gay and lesbian citizens. It seeks, but does not purport to definitively discover, the true meaning of the phrase "life will never be the same." It asks, but does not purport to fully answer, whether historians a century or two hence will look back on 9/11 as the turning point when the United States began to fulfill its promise of liberty to all people, or whether this date will be earmarked …

Embracing Complexity : Human Rights In Critical Race Feminist Perspective, Hope Lewis

Hope Lewis

Although the voices of "women of all colors" have furthered the goals and norms of feminist human rights scholarship, the voices of women of color and Third World women have often been rejected, ignored, or otherwise made invisible. Critical Race Feminist and other multicultural approaches to legal scholarship attempt to unite such voices and reveal their experiences and perspectives in feminist human rights discourse. This Article hypothesizes that Critical Race Feminist will make important contributions to the overall international human rights agenda. It identifies four common themes in a feminist multicultural approach to human rights scholarship: (1) the recognition that …

African American Student Athletes' Perceptions Of Career Transition In Sport: A Qualitative And Visual Elicitation, Keith Harrison

Dr. C. Keith Harrison

This study focuses on 26 African American athletes and explores their perceptions of athletic career transition. Participants consisted of student athletes from a United States National Collegiate Athletic Association (NCAA) Division IIA institution in the Southeastern region. Participants completed the Life After Sports Scale (LASS), a 58-item inventory utilized to qualitatively and quantitatively examine seven different domains which influence perceptions of the career transition process. The scope of this inquiry examines the qualitative domain of the LASS in which participants were visually primed with a narrative description of a student athlete that has made transition out of sport successfully. Five …

Adverse Juvenile Sex Ratio In Kerala By Vibhuti Patel, Professor Vibhuti Patel

Professor Vibhuti Patel

Census 2001 has revealed a deterioration in the juvenile malefemale sex ratio in Kerala. Hospital birth records can help establish sex ratios at birth and thus the prevalence of female foeticide. However, civil society and the state will need to pitch in to check the misuse of technology for female foeticide in Kerala

Anna Marie Smith On Welfare Reform And Sexual Regulation, Richard Blum

Center for LGBTQ Studies (CLAGS)

"Why is 'welfare reform' a queer issue?" That question was posed to a gathering of New York-based social services and LGBTQ advocates a couple of years ago at a meeting that launched the Queer Economic Justice Network (QEJN). Since then, QEJN has reached out to mainstream LGBTQ organizations to help them recognize the myriad ways that "welfare reform" has harmed poor queers.

''Step On A Crack, Break Your Mother's Back'': Poor Moms, Myths Of Authority, And Drug-Related Evictions From Public Housing, Regina Austin

All Faculty Scholarship

No abstract provided.

Constitutional Classifications And The "Gay Gene", Susan J. Becker

Law Faculty Articles and Essays

In this essay the author discusses the use of genetic information to classify individuals for purposes of the law, and more specifically, the impact of the so-called “gay gene” on legal classifications.

When Gender Differences Become A Trap: The Impact Of China's Labor Law On Women, Charles J. Ogletree, Rangita De Silva De Alwis

All Faculty Scholarship

No abstract provided.

Scholar Or Baller In American Higher Education? A Visual Elicitation And Qualitative Assessment Of The Studentathlete's Mindset, Keith Harrison

Dr. C. Keith Harrison

Eminent scholar Harry Edwards (2000) has articulated three major realities of African American males in sports: a) The presumption of innate, race-linked black athletic superiority and intellectual deficiency; b) media propaganda portraying sports as a broadly accessible route to African American social and economic mobility; and c) a lack of comparably visible, high-prestige African American role models beyond the sports arena. Driven by labeling theory (Becker, 1963; Goffman, 1959), eight African American male student athletes were surveyed and interviewed. The last two points of Edwards' scholarship were investigated. "We have pretty good historical data and quantitative data about African American …

African American Racial Identity And Sport, Keith Harrison

Dr. C. Keith Harrison

The purpose of this paper is to attempt to synthesize and apply African American racial identity theory and related research to the development of sport and physical activity patterns and preferences in African American youth. Historically the African American over-representation in particular sports phenomena has been examined genetically, anthropocentrically, physiologically, sociologically, and psychologically. The profusion of explanations is a testimony to the complexity of this phenomena. This manuscript provides yet another compelling perspective. Cross [(1995) The psychology of Nigrescence: revising the Cross Model, in: J.G. PONTEROTTO et al. (Eds) Handbook of Multicultural Counseling (Thousand Oaks, CA, Sage)] outlines the metamorphic …

Who Can A Baller Trust? Analyzing Public University Response To Alleged Student-Athlete Misconduct In A Commercial And Confusing Environment, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.

September 11 Attacks And Surviving Same-Sex Partners: Defining Family Through Tragedy, Nancy J. Knauer

Nancy J. Knauer

The September 11 relief efforts present a unique prism through which to view the status of same-sex relationships and to consider which families count when the United States is supposedly at its most generous, most united, and most injured. On a basic human level, would the nation grieve for Peggy Neff, who lost her partner of 18 years when Flight 77 crashed into the Pentagon, as it had for the widow of a fire fighter? Would Neff be eligible to file a claim with the multi-billion dollar federal September 11 Victim Compensation Fund, which Congress established to compensate victims and …

When The Local And The Global Are Too Close For Comfort, Lawrence La Fountain-Stokes

Center for LGBTQ Studies (CLAGS)

In the early morning of August 15, 2001, Edgar Garzon, a 35-year-old Latino gay man better know as "Eddie," was viciously attacked with a "blunt instrument" by an unidentified assailant who jumped out of a red car. This occurred in Jackson Heights, Queens, an extremely diverse neighborhood with large concentrations of Latin Americans, Indians, Pakistanis, Bangladeshis and Koreans and a sizeable gay population. Garzon suffered three fractures in his cranium and was in a coma until September 4, when he passed away at Elmhurst Medical Center. His family, who reside mostly in Colombia and Florida, as well as his close …

The Equal Access Act And Public Schools: What Are The Legal Issues Related To Recognizing Gay Student Groups?, Ralph D. Mawdsley

Brigham Young University Education and Law Journal

No abstract provided.

"A Lawyer Class": Views On Marriage And "Sexual Orientation" In The Legal Profession, William C. Duncan

Brigham Young University Journal of Public Law

No abstract provided.

Why Do They Strike Us?, James Polchin

Center for LGBTQ Studies (CLAGS)

Over the past two years since the brutal murder of Matthew Shepard in Laramie Wyoming, the circumstances of his death have held a symbolic place in the story of violence against gay men and lesbians nationally. University of Wyoming Professor Beth Loffreda's book Losing Matt Shepard: Life and Politics in the Aftermath of Anti-Gay Murder is on the "Lambda Book Report" best-sellers list and MTV has recently premiered "Anatomy of a Hate Crime: The Matthew Shepard Story" that dramatized the events of October 6th, 1998. The telling and retelling of Shepard's murder in both academic books and popular culture suggests …

The Lobbyist No. 31 (Winter 2001), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Years Later: Reflections On The State Of Feminism Today·, Regina Austin, Elizabeth M. Schneider

All Faculty Scholarship

No abstract provided.

"Closet Case": Boy Scouts Of America V. Dale And The Reinforcement Of Gay, Lesbian, Bisexual, And Transgender Invisibility, Darren L. Hutchinson

Faculty Articles

This Article argues that the Supreme Courts decision in Boy Scouts of America v. Dale misapplies and ignores controlling First Amendment precedent and incorrectly dermes "sexual identity" as a clinical or biological imposition that exists apart from expression or speech. This Article provides a doctrinal alternative to Dale that would protect vital interests in both equality and liberty and that would not condition, as does Dale, sexual "equality" upon the silencing of gay, lesbian, bisexual, and transgender individuals.

The Image Of Paul Robeson:Role Model For The Student And Athlete, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.

"Simply So Different": The Uniquely Expressive Character Of The Openly Gay Individual After Boy Scouts V. Dale, Nancy J. Knauer

Nancy J. Knauer

Boy Scouts v. Dale was uniformly considered a set back for gay rights. Undeniably, it was not a good result for James Dale or other openly gay individuals who would like to participate in the largest youth organization in the U.S. This Article views Boy Scouts v. Dale in a different light and suggests that the expressive character of the openly gay individual endorsed by the majority may signal an opportunity to argue for greater First Amendment protections. The majority recognized that a single avowal of homosexuality imbues the openly gay individual with a uniquely expressive character. Wherever he goes, …

Exploring Feminism Globally To Achieve Global Feminism, Anna M. Han

Faculty Publications

Edited Speech delivered on October 6, 2000 at the University of San Diego Journal of Contemporary Legal Issues Conference on Intersectionality and Critical Race Feminism.

In writing this article, I kept thinking of the various stories that I heard during the workshops in Beijing and again I was struck by the commonality of the underlying issues facing women from around the world. While there may be dramatic political, cultural, linguistic and economic differences, I posit that there were more similarities than there were differences.

Why Marriage?, Martha Albertson Fineman

Faculty Articles

Reflection on the prospect of varied, individualized possibilities for the meaning of marriage suggests, that in order to answer the question "why marriage?" we must first consider "what marriage?" or more succinctly, "what is marriage?" Questioning what marriage actually is calls attention to the institution's individualized and malleable nature. By contrast, a focus on "why marriage" highlights the societal function and rationale for the institution. I will discuss each question-the "what" as well as the "why" of marriage.

School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake

Articles

This essay seeks to explain the Davis v. Monroe County Board of Education case as an interpretation of discrimination that notably and correctly focuses on how institutions cause sex-based harm, rather than on whether officials within chose institutions act with a discriminatory intent. In the process, I discuss what appears to be the implicit theory of discrimination underlying the Davis decision: that schools cause the discrimination by exacerbating the harm that results from sexual harassment by students. I then explore the significance of the deliberate indifference requirement in this context, concluding that the standard, for all its flaws, is distinct …

The Wanted Gaze: Accountability For Interpersonal Conduct At Work, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Socratic Misogyny?--Analyzing Feminist Criticisms Of Socratic Teaching In Legal Education, David D. Garner

BYU Law Review

No abstract provided.

Flyer: Commemorate The Women's Movement In Jacksonville, Edna Louise Saffy

Saffy Collection - All Textual Materials

Flyer for Women’s Equality Day program Balis Park in San Marco, Jacksonville, Florida August 26, 2000.

Program: A Commemoration Of Women's History Program August 26, 2000, Edna Louise Saffy

Saffy Collection - All Textual Materials

Women's Equality Day Eighty Years of Women's Suffrage Thirty Years of Jacksonville Women's Movement August 26, 2000 9 A.M. Includes program, and Procession of Honor to Mary Nolan’s grave. Program Committee: Karen Danko, Cathy Drompp, Pam Flynn, Sharon Laird, Edna Saffy, Judy Sheklin, Elizabeth Teague and Louise Stanton Warren.

Writings: Program Presented In Balis Park, San Marco, Jacksonville Florida. In Celebration Of Women On August 26, 2000, Edna Louise Saffy

Saffy Collection - All Textual Materials

Speeches: Version of the program delivered on August 26, 2000 by Dr. Edna L. Saffy commemorating Women’s Equality Day, eighty years of woman’s suffrage and thirty years of the Jacksonville Women’s Movement.