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Full-Text Articles in Law

Gendering Disability To Enable Disability Rights Law, Michelle Travis Dec 2016

Gendering Disability To Enable Disability Rights Law, Michelle Travis

Michelle A. Travis

This Article expands the social model of disability by analyzing the interaction between disability and gender. The modern disability rights movement is built upon the social model, which understands disability not as an inherent personal deficiency but as the product of the environment with which an impairment interacts. The social model is reflected in the accommodation mandate of the Americans with Disabilities Act of 1990 ("ADA"), which holds employers responsible for the limiting aspects of their workplace design. This Article shows that the limitations imposed upon impairments result not only from physical aspects of a workplace but also from other …


Rethinking Women's And Gender Studies, Gender And Education, Colleen Mcgloin Sep 2014

Rethinking Women's And Gender Studies, Gender And Education, Colleen Mcgloin

Colleen McGloin

This compilation of scholarly articles examines the (inter)disciplinary field of Women’s and Gender Studies (WGS) looking at the genealogy of WGS, its foundational principles, its language and practices. The work considers the use of language, in particular the way certain terminology within the field invites engagement with the political aims of WGS, or limits its potential for more rigorous pedagogical practices and analytic frameworks. Chapters are organised into five sections: ‘foundational assumptions’, ‘ubiquitous descriptions’, ‘epistemologies rethought’, ‘silences and disavowals’, and ‘establishment challenges’. Within these themes, specific terms (among them ‘feminism’, ‘interdisciplinarity’, ‘pedagogy’, ‘intersectionality’, and ‘community’) are examined for their application …


Nation As Partnership: Law, "Race," And Gender In Aotearoa New Zealand's Treaty Settlements, Nan Seuffert Dec 2012

Nation As Partnership: Law, "Race," And Gender In Aotearoa New Zealand's Treaty Settlements, Nan Seuffert

Professor Nan Seuffert

This article uses postcolonial theory to analyze the dynamic convergence of two significant international trends in Aotearoa New Zealand: the movement for reparations for historical colonial injustices, and the economic reform process known as ‘‘structural adjustment,’’ or Reaganomics in the United States, which was intended to produce a competitive nation of individual entrepreneurs. It argues that analysis of the interrelationships of law, ‘‘race,’’ gender, and nation in this convergence illuminates the reproduction and reshaping of colonial tropes, or historical racial configurations produced through colonization, in these current trends. In Aotearoa New Zealand, claims by indigenous Maori activists for self-determination and …


"Law's Outsiders": An Interview With Alex Sharpe, Linnéa Wegerstad, Niklas Selberg Dec 2011

"Law's Outsiders": An Interview With Alex Sharpe, Linnéa Wegerstad, Niklas Selberg

Linnéa Wegerstad

In May 2012 Alex Sharpe, Professor of Law at Keele University, UK, visited Lund University where she participated in a series of seminars and workshops organised around a central motif in her work: the legal outsider. As part of her visit she presented a version of a paper recently published in the Modern Law Review titled “Transgender Marriage and the Legal Obligation to Disclose Gender History.” The paper focused on and challenged the legal and wider cultural framing of non-disclosure of gender history as harmful and as unethical. The paper is her latest intervention and forms part of a substantial …


The Geography Of The Class Culture Wars, Lisa R. Pruitt Dec 2010

The Geography Of The Class Culture Wars, Lisa R. Pruitt

Lisa R Pruitt

No abstract provided.


Judging Parents, Judging Place: Termination Of Parental Rights In Rural America, Lisa R. Pruitt, Janet L. Wallace Dec 2010

Judging Parents, Judging Place: Termination Of Parental Rights In Rural America, Lisa R. Pruitt, Janet L. Wallace

Lisa R Pruitt

Parents are constantly judged, by fellow parents and by wider society. But the consequences of judging parents sometimes extend beyond community reputation and social status. When law and legal institutions get involved, such judgments may result in the termination of parental rights. In these legal contexts, parents’ merits as parents are typically assessed in relation to a wide array of their decisions and actions, including where they live.

Among those judged harshly in relation to geography are impoverished parents who live in rural places. Yet judgments of these parents are particularly unfair in that poor rural parents often do not …


Judging Parents, Judging Place: Poverty, Rurality And Termination Of Parental Rights, Lisa R. Pruitt, Janet L. Wallace Dec 2010

Judging Parents, Judging Place: Poverty, Rurality And Termination Of Parental Rights, Lisa R. Pruitt, Janet L. Wallace

Lisa R Pruitt

Parents are constantly judged, by fellow parents and by wider society. But the consequences of judging parents sometimes extend beyond community reputation and social status. When law and legal institutions get involved, such judgments may result in the termination of parental rights. In these legal contexts, parents’ merits as parents are typically assessed in relation to a wide array of their decisions and actions, including where they live.

Among those judged harshly in relation to geography are impoverished parents who live in rural places. Yet judgments of these parents are particularly unfair in that poor rural parents often do not …


Judging Parents, Judging Place: Termination Of Parental Rights In Rural America, Lisa R. Pruitt, Janet L. Wallace Dec 2010

Judging Parents, Judging Place: Termination Of Parental Rights In Rural America, Lisa R. Pruitt, Janet L. Wallace

Lisa R Pruitt

Parents are constantly judged, by fellow parents and by wider society. But the consequences of judging parents sometimes extend beyond community reputation and social status. When law and legal institutions get involved, such judgments may result in the termination of parental rights. In these legal contexts, parents’ merits as parents are typically assessed in relation to a wide array of their decisions and actions, including where they live.

Among those judged harshly in relation to geography are impoverished parents who live in rural places. Yet judgments of these parents are particularly unfair in that poor rural parents often do not …


Normkonflikter I Regleringen Om Arbetstagares Föräldraskap, Jenny Julén Votinius Dec 2007

Normkonflikter I Regleringen Om Arbetstagares Föräldraskap, Jenny Julén Votinius

Jenny Julén Votinius

No abstract provided.


Föräldrar I Arbete. En Könskritisk Undersökning Av Småbarnsföräldrars Arbetsrättsliga Ställning (Parents At Work. A Gender-Critical Study On The Position Of Parents Of Young Children In Labour Law) Diss. 448 P., Jenny Julén Votinius Dec 2006

Föräldrar I Arbete. En Könskritisk Undersökning Av Småbarnsföräldrars Arbetsrättsliga Ställning (Parents At Work. A Gender-Critical Study On The Position Of Parents Of Young Children In Labour Law) Diss. 448 P., Jenny Julén Votinius

Jenny Julén Votinius

This dissertation deals with the position of working parents in labour legislation and the protection. The starting point for the thesis is that the rules in labour law concerning employees? parenthood, despite the fairly strongly formulated protection of their rights, in practice have a relatively weak normative position in working life and in labour law. The weakness of the rules on parenthood can be explained as a result of a normative conflict, or incoherence, affecting the judicial sphere, which means that deviating norms and values encroach on the rules about parenthood and weaken their position. The central aim of the …


On The Gendered Norm Of Standard Employment In A Changing Labour Market, Jenny Julén Votinius Dec 2005

On The Gendered Norm Of Standard Employment In A Changing Labour Market, Jenny Julén Votinius

Jenny Julén Votinius

No abstract provided.


Toxic Diversity: Race, Gender And Law Talk In America, Dan Subotnik Dec 2004

Toxic Diversity: Race, Gender And Law Talk In America, Dan Subotnik

Dan Subotnik

Toxic Diversity offers an invigorating view of race, gender, and law in America. Analyzing the work of preeminent legal scholars such as Patricia Williams, Derrick Bell, Lani Guinier, and Richard Delgado, Dan Subotnik argues that race and gender theorists poison our social and intellectual environment by almost deliberately misinterpreting racial interaction and data and turning white males into victimizers. Far from energizing women and minorities, Subotnik concludes, theorists divert their energies from implementing America's social justice agenda.

Insisting, in the words of James Baldwin, that “not everything that is faced can be changed, but nothing can be changed until it …


Escogedoras And Molineras In Veracruz, Mexico (1928-32): Exploring The Political Role Of Popular Women In Post-Revolutionary Society, Ernesto A. Hernandez-Lopez Dec 2004

Escogedoras And Molineras In Veracruz, Mexico (1928-32): Exploring The Political Role Of Popular Women In Post-Revolutionary Society, Ernesto A. Hernandez-Lopez

Ernesto A. Hernandez

This article suggests that during Revolutionary state formation (1928-32) in Mexico, Veracruzano women had active roles in state politics. This political participation existed despite women in Mexico being denied legal rights to vote or to hold political office. This essay demonstrates how escogedoras (coffee sorters) and molineras (maize grinders) used their economic influence to negotiate with central and regional governments in Mexico. For escogedoras their participation in an export industry provided 'negotiation power' to participate in politics. For molineras working in an industry which dramatically decreased a woman's work-week from 30 plus hours to 4 hours provided them with similar …


Un-Natural Things: Constructions Of Race, Gender, And Disability, Robert Hayman, Nancy Levit Dec 2001

Un-Natural Things: Constructions Of Race, Gender, And Disability, Robert Hayman, Nancy Levit

Robert L. Hayman

No abstract provided.


Our Data, Ourselves: Privacy, Propertization, And Gender , Ann Bartow Apr 2000

Our Data, Ourselves: Privacy, Propertization, And Gender , Ann Bartow

Ann Bartow

This Article starts by providing an overview of the types of personal data that is collected via the Internet, and the ways in which this information is used. The author asserts that because women are more likely to shop and share information in cyberspace, the impact of commodification of personal data disproportionately impacts females, enabling them to be "targeted" by marketing campaigns, and stripping them of personal privacy. The author then surveys the legal terrain of personal information privacy, and concludes that it is unlikely that the government will step in to provide consumers with substantive privacy rights or protections. …