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Articles 1 - 30 of 67
Full-Text Articles in Law
How Money For Legal Scholarship Disadvantages Feminism, Martha T. Mccluskey
How Money For Legal Scholarship Disadvantages Feminism, Martha T. Mccluskey
Journal Articles
A dramatic infusion of outside money has shaped legal theory over the last several decades, largely to the detriment of feminist theory. Nonetheless, the pervasive influence of this funding is largely ignored in scholarly discussions of legal theory. This denial helps reinforce the marginal position of feminist scholarship and of women in legal theory. Conservative activists and funders have understood the central role of developing community culture and institutions, and have helped shift the prevailing framework for discussion of many questions of theory and policy through substantial investments in law-and-economics centers and in the Federalist Society. Comparing the institutional resources …
Teaching And Learning Islamic Law In A Globalized World: Some Reflections And Perspectives, Shaheen Sardar Ali
Teaching And Learning Islamic Law In A Globalized World: Some Reflections And Perspectives, Shaheen Sardar Ali
Journal of Legal Education
No abstract provided.
Why Don't They Get It?: Academic Intelligence And The Under-Prepared Student As "Other", Deborah Zalesne, David Nadvorney
Why Don't They Get It?: Academic Intelligence And The Under-Prepared Student As "Other", Deborah Zalesne, David Nadvorney
Journal of Legal Education
No abstract provided.
The Role Of Women In Mediation And Conflict Resolution: Lessons For Un Security Council Resolution 1325, Roohia S. Klein
The Role Of Women In Mediation And Conflict Resolution: Lessons For Un Security Council Resolution 1325, Roohia S. Klein
Roohia S Klein
The impact of war on women is often disproportionate and distinct from the effect it has on men. Given the second-class status of women in many societies, their skills and contributions are often under-valued and under-utilized. UN Security Council Resolution 1325 (SCR1325) recognizes the importance of increasing the role of women in all aspects of maintaining international peace and security, including encouraging women to take an active role in resolving conflicts (sections 2, 8b and 16 of SCR1325). This last aspect of SCR1325 reflects an increasing recognition of the effect of gender in conflict resolution. This paper draws upon academic …
Holding My Breath: The Experience Of Being Sikh After 9/11, Muninder Kaur Ahluwalia
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 And Law: A Comparative Analysis Of The United States And Indian Supreme Courts’ Equality Jurisprudence, Eileen Kaufman
Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts’ Equality Jurisprudence, Eileen Kaufman
Eileen Kaufman
No abstract provided.
To Lynch A Child: Bullying And Gender Nonconformity In Our Nation's Schools, Michael J. Higdon
To Lynch A Child: Bullying And Gender Nonconformity In Our Nation's Schools, Michael J. Higdon
Indiana Law Journal
No abstract provided.
Aryans, Gender, And American Politics, Robert L. Tsai
Aryans, Gender, And American Politics, Robert L. Tsai
Faculty Scholarship
This short essay discusses some of the ways in which the Aryan movement in America activates gendered beliefs for the goal of legal, political, and cultural transformation. In recent years, the community has moved from common law theories of white sovereignty to more robust forms of racial constitutionalism. The piece is drawn from "America's Forgotten Constitutions: Defiant Visions of Power and Community" (forthcoming Harvard University Press, 2014).
Gender Participation In The Management Of Tricycle Transport For Youth Empowerment And Sustainable Development In Kano State, Nigeria, Nuratu Muhammed
Gender Participation In The Management Of Tricycle Transport For Youth Empowerment And Sustainable Development In Kano State, Nigeria, Nuratu Muhammed
Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria
The research examined gender participation in the management of tricycle for youth empowerment and sustainable development in Kano state, Nigeria. Stratified random sampling technique was used to select samples of drivers(150), passengers (150) and owners/managers the female tricycle owners fell under this category and they numbered(65).All together a total of 365 samples were selected for the study. Data obtained from the primary data was analyzed using simple statistical techniques and chi square test to ascertain whether there was any significant differences in some of the variables tested. The results of the analysis revealed that the main difference was found in …
Who Am I And Who Do You Want Me To Be? Effectively Defining A Lesbian, Gay, Bisexual, And Transgender Social Group In Asylum Applications, Keith Southam
Chicago-Kent Law Review
Asylum law provides an area within immigration law that is unexpectedly friendly to lesbians, gay men, bisexuals, and transgender persons. Persons who suffer persecution on account of "membership in a particular social group" are eligible to live and work in the United States. This encompasses lesbians, gay men, bisexuals, and transgender persons who suffer persecution. However, United States law does not clearly define applicable standards in this area. As a result, different adjudicators in the asylum process focus on different methodological approaches and sometimes inject bias into the process. In addition, because the terms "lesbian," "gay," "bisexual," and "transgender" are …
Sometimes It Gets Worse: Bullying Of Lgbtq Individuals In The Workplace, Alexandra Tracy-Ramirez
Sometimes It Gets Worse: Bullying Of Lgbtq Individuals In The Workplace, Alexandra Tracy-Ramirez
Alexandra Tracy-Ramirez
In response to several publicized cases of bullying against lesbian, gay, bisexual, transgender, and queer (LGBTQ) teens, famous U.S. personalities from Ellen DeGeneres to President Obama are compiling messages of hope, proclaiming the campaign’s message: “It gets better.” The sad reality is that for many LGBTQ individuals, while bullying in school may end, it may pick up with a new fierceness once those individuals enter the workplace. One glaring gap in the federal U.S. civil rights scheme is its inability or unwillingness to account for the fluid, dynamic, complex nature of identity, particularly sexual and gender identity. While Title VII …
The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Deseriee Kennedy, Ann Bartow, F. Carolyn Graglia, Joan Hemingway
The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Deseriee Kennedy, Ann Bartow, F. Carolyn Graglia, Joan Hemingway
Deseriee A. Kennedy
This is an edited, annotated transcript of a conference panel discussion on feminism, sex, and gender in law, legal education, and legal scholarship. The transcript reflects widely divergent views of the place of feminism, sex, and gender in the law and legal scholarship. Moreover, the panelists differ as to the role feminism has played in the lives of women as law students and practicing attorneys. In the latter part of the transcript, the panelists' remarks focus in on hotly debated issues surrounding possible gender (or sex) and racial bias in LSAT testing and the innate abilities of women and men …
The Joke In Critical Race Theory: De Gustibus Disputandum Est?, Dan Subotnik
The Joke In Critical Race Theory: De Gustibus Disputandum Est?, Dan Subotnik
Dan Subotnik
No abstract provided.
On Race, Gender, And Radical Tort Reform: A Review Of Martha Chamallas & Jennifer B. Wriggins, The Measure Of Injury: Race, Gender, And Tort Law, Vincent R. Johnson
On Race, Gender, And Radical Tort Reform: A Review Of Martha Chamallas & Jennifer B. Wriggins, The Measure Of Injury: Race, Gender, And Tort Law, Vincent R. Johnson
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
S11rs Sgr No. 8 (Gender), Taylor, Hill, Voss, Lockwood, Kelly, Alexander, Wedig, Vaughn, Gist, Duckett, Bourg, Soileau, Hebert, Harding, Lemoine, Simon, Caffarel
S11rs Sgr No. 8 (Gender), Taylor, Hill, Voss, Lockwood, Kelly, Alexander, Wedig, Vaughn, Gist, Duckett, Bourg, Soileau, Hebert, Harding, Lemoine, Simon, Caffarel
Student Senate Enrolled Legislation
No abstract provided.
Work, Caregiving, And Masculinities, Ann C. Mcginley
Work, Caregiving, And Masculinities, Ann C. Mcginley
Scholarly Works
In her book Reshaping the Work-Family Debate, Joan Williams demonstrates the vulnerability of parent workers in working class America. In Chapter 2, "One Sick Child Away from Being Fired," she examines the records of ninety-nine union arbitrations to analyze the problems of working class parents who struggle to juggle their working and parenting responsibilities. Because this chapter is a tour de force in an overall excellent book, and because it suggests an area that Professor McGinley's research has focused on over the past number of years, in this Essay, Professor McGinley limits her discussion almost exclusively to this chapter. …
Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas
Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas
Akron Law Faculty Publications
In the mid-nineteenth century, Elizabeth Cady Stanton used narratives of women and their involvement with the law of domestic relations to collectivize women. This recognition of a gender class was the first step towards women’s transformation of the law. Stanton’s stories of working-class women, immigrants, Mormon polygamist wives, and privileged white women revealed common realities among women in an effort to form a collective conscious. The parable-like stories were designed to inspire a collective consciousness among women, one capable of arousing them to social and political action. For to Stanton’s consternation, women showed a lack of appreciation of their own …
Law, History, And Feminism, Tracy A. Thomas
Law, History, And Feminism, Tracy A. Thomas
Akron Law Faculty Publications
This is the introduction to the book, Feminist Legal History. This edited collection offers new visions of American legal history that reveal women’s engagement with the law over the past two centuries. It integrates the stories of women into the dominant history of the law in what has been called “engendering legal history,” (Batlan 2005) and then seeks to reconstruct the assumed contours of history. The introduction provides the context necessary to appreciate the diverse essays in the book. It starts with an overview of the existing state of women’s legal history, tracing the core events over the past two …
Law, History, And Feminism, Tracy A. Thomas
Law, History, And Feminism, Tracy A. Thomas
Tracy A. Thomas
This is the introduction to the book, Feminist Legal History. This edited collection offers new visions of American legal history that reveal women’s engagement with the law over the past two centuries. It integrates the stories of women into the dominant history of the law in what has been called “engendering legal history,” (Batlan 2005) and then seeks to reconstruct the assumed contours of history. The introduction provides the context necessary to appreciate the diverse essays in the book. It starts with an overview of the existing state of women’s legal history, tracing the core events over the past two …
Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas
Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas
Tracy A. Thomas
In the mid-nineteenth century, Elizabeth Cady Stanton used narratives of women and their involvement with the law of domestic relations to collectivize women. This recognition of a gender class was the first step towards women’s transformation of the law. Stanton’s stories of working-class women, immigrants, Mormon polygamist wives, and privileged white women revealed common realities among women in an effort to form a collective conscious. The parable-like stories were designed to inspire a collective consciousness among women, one capable of arousing them to social and political action. For to Stanton’s consternation, women showed a lack of appreciation of their own …
Chivalry Is Not Dead: Murder, Gender, And The Death Penalty, Steven Shatz, Naomi Shatz
Chivalry Is Not Dead: Murder, Gender, And The Death Penalty, Steven Shatz, Naomi Shatz
Steven F. Shatz
Is Law And Art Or A Science?: Comments On Objectivity, Feminism, And Power, Joan Williams
Is Law And Art Or A Science?: Comments On Objectivity, Feminism, And Power, Joan Williams
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Gender And Law: The Social Science Perspective, Mireya Suarez
Gender And Law: The Social Science Perspective, Mireya Suarez
American University Journal of Gender, Social Policy & the Law
No abstract provided.
"Eighteen Million Cracks": Gender's Role In The 2008 Presidential Campaign, Gregory S. Parks, Quinette M. Roberson
"Eighteen Million Cracks": Gender's Role In The 2008 Presidential Campaign, Gregory S. Parks, Quinette M. Roberson
William & Mary Journal of Race, Gender, and Social Justice
In light of the 2008 presidential campaign, Gregory S. Parks
and Jeffrey J. Rachlinski wrote an extensive analysis, titled A Better
Metric, likening the campaign to an interview process and hiring
decision for a high-ranking job. Though unpublished, their work
spawned a number of published articles, book chapters, and a book
on the role of unconscious race and gender bias in the evaluations of
President Barack Obama, First Lady Michelle Obama, and Secretary
of State Hillary Clinton. In light of the analogy between voting and
hiring decisions, this article argues that questions about sexism and
gender bias along the campaign …
Gay Rights And Lefts: Rights Critique And Distributive Analysis For Real Law Reform, Libby Adler
Gay Rights And Lefts: Rights Critique And Distributive Analysis For Real Law Reform, Libby Adler
Libby S. Adler
For the last decade and more, the law reform agenda on behalf of sexual minorities in the United States has been dominated by the same-sex marriage campaign and, to a lesser extent, the repeal of Don’t Ask/Don’t Tell. Gay rights advocates for both equality-seeking efforts, while locked in battle with culture warriors from the right, also have been subject to protest and criticism from the left for their powerful normalizing impulses and identitarian rights-orientation. Gay rights advocates nonetheless have persevered in their quest for equality, scarcely acknowledging the criticism from queer and other non-mainstreaming or dissident voices, perhaps unable to …
Copulemus In Pace: A Meditation On Rape, Affirmative Consent To Sex, And Sexual Autonomy, Dan Subotnik
Copulemus In Pace: A Meditation On Rape, Affirmative Consent To Sex, And Sexual Autonomy, Dan Subotnik
Dan Subotnik
No abstract provided.
Stalled: Gender Diversity On Corporate Boards, Barbara Black
Stalled: Gender Diversity On Corporate Boards, Barbara Black
Faculty Articles and Other Publications
In this essay, prepared for the University of Dayton College of Law’s Symposium on Perspectives on Gender and Business Ethics: Women in Corporate Governance, held on February 25, 2011, I discuss the lack of progress in achieving gender diversity on corporate boards.
I first review the numbers that demonstrate that progress is stalled, despite the attention and resources devoted to the issue by a number of well-respected organizations, legal scholars and institutional investors. I argue that, because this is an issue of equal opportunity, it is not really necessary to make a business case to justify increased efforts toward board …
The Body Of The Goddess: Women’S Trans-National And Cross-Religion Eco-Spiritual Activism, Laura Corradi
The Body Of The Goddess: Women’S Trans-National And Cross-Religion Eco-Spiritual Activism, Laura Corradi
Societies Without Borders
A counter-tendency to the virtualization of social relations and the deepening of the separation between body, mind and spirit may be represented by the re-birth of Goddesses’ worship, which calls for a re-embodiment of women’s spirituality and feminist politics. This work starts from representations of the body of the Goddess – in different ages and parts of the world – in their relation with the four elements. Through the iconological analysis of female divinities we realize that each of them also represents specific aspects of womanhood. An exploratory research on the contemporary religious experience of the Goddess indicates the existence …
Sport And Masculinity: The Promise And Limits Of Title Ix, Deborah Brake
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 …
Inequitable Administration: Documenting Family For Tax Purposes, Anthony C. Infanti
Inequitable Administration: Documenting Family For Tax Purposes, Anthony C. Infanti
Anthony C. Infanti
Family can bring us joy, and it can bring us grief. It can also bring us tax benefits and tax detriments. Often, as a means of ensuring compliance with Internal Revenue Code provisions that turn on a family relationship, taxpayers are required to document their relationship with a family member. Most visibly, taxpayers are denied an additional personal exemption for a child or other dependent unless they furnish the individual’s name, Social Security number, and relationship to the taxpayer.
In this article, I undertake the first systematic examination of these documentation requirements. Given the privileging of the “traditional” family throughout …