Law and Gender Commons^™

Feminism And Feminist Scholarship Today, Toril Moi

Journal of Feminist Scholarship

No abstract provided.

Healthism And The Bodies Of Women: Pleasure And Discipline In The War Against Obesity, Talia L. Welsh

Journal of Feminist Scholarship

This paper explores how the discipline required for good health influences female embodiment. It examines the justification in the United States for a war against obesity and the criticism of that war made by Health at Every Size (HAES) proponents. It finds that a "good-health imperative" operates within both the fight against obesity and the size-acceptance movement. I question how such an imperative curtails the range of possibilities for pleasure. The self-monitoring required in eating and exercising for health demands a constant reading of one's behavior as good/healthy or bad/unhealthy. In addition, attention to health achieved through behavior modification draws …

New Age Fairy Tales: The Abject Female Hero In El Laberinto Del Fauno And La Rebelión De Los Conejos Mágicos, Patricia Lapolla Swier

Journal of Feminist Scholarship

In totalitarian regimes, the Other is marginalized, prosecuted, and often eliminated from the national spectrum. While Spain is just beginning to confront the violations of the post-Civil War era, the nations of the Latin American Southern Cone have continued to struggle with the trauma and memory related to the violence perpetrated by the dictatorship. Through a psychoanalytic reading based on Julia Kristeva's theories of the abject and Joseph Campbell's investigations of myth within the hero's journey, I show how the young female heroes of El laberinto del fauno (Pan's Labyrinth) and La rebelión de los conejos mágicos (The Rabbits' Rebellion) …

The Rise And Fall Of Western Homohysteria, Eric Anderson

Journal of Feminist Scholarship

In this essay, I draw upon my pro-feminist background to describe the formulation of the concept of homohysteria and explain its heuristic utility in conceptualizing historical shifts in heterosexual men's gendered regimes. I suggest that in times of high homohysteria, heterosexual men are compelled to align their identities and behaviors with orthodox (hypermasculine) notions of men's masculinity. This is in order to avoid homosexualization. Conversely, heterosexual men retain considerably more gendered freedom in times of low or no homohysteria. I describe this as a cultural process related to homophobia and define the term homohysteria as men's fear of being homosexualized, …

Feminist Debate In Taiwan's Buddhism: The Issue Of The Eight Garudhammas, Chiung Hwang Chen

Journal of Feminist Scholarship

In 2001, during an academic conference on Humanistic Buddhism in Taipei, Venerable Shi Zhaohui, accompanied by a few Buddhist clergy and laypeople, tore apart a copy of the Eight Garudhammas (Eight Heavy Rules), regulations that govern the behavior of Buddhist nuns. Zhaohui's symbolic act created instant controversy as Taiwan's Buddhist community argued about the rules' authenticity and other issues within Buddhist monastic affairs. This paper examines the debate over the Eight Garudhammas and situates the debate within Taiwan's cultural terrain as well as the worldwide Buddhist feminist movement. I argue that while Zhaohui's call resulted in the abolishment of the …

Grappling With Gender: Exploring Masculinity And Gender In The Bodies, Performances, And Emotions Of Scholastic Wrestlers, Phyllis L. Baker, Douglas R. Hotek

Journal of Feminist Scholarship

We contribute to the sociology of sport and gender literature with an ethnographic analysis of scholastic wrestling by observing the current climate of masculinity and gender. Our results suggest that it is necessary to understand men and sporting behavior within a broader framework of gender, not just masculinity, because the behavior of high school wrestlers fell along a gender continuum between an orthodox masculinity and femininity. Our exploration of the body, performance, and emotion practices of scholastic wrestlers gives credence to the current critiques of a hegemonic masculinity in men's sports. We show that gender is not dichotomous and that …

Comments: Needlessly Fighting An Uphill Battle: Extensive Estate Planning Complications Faced By Gay And Lesbian Individuals, Including Drastic Resort To Adult Adoption Of Same-Sex Partners, Necessitate Revision Of Maryland's Intestacy Law To Provide Heir-At-Law Status For Domestic Partners, Madeleine N. Foltz

University of Baltimore Law Review

No abstract provided.

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 17, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

"Until Death (Or Sex Change) Do Us Part": Advocating For Adoption Of The European Legal Approach To Validating Marriages Involving Post-Operative Transsexuals, Erin Bender

Cardozo Journal of Equal Rights & Social Justice

The article advocates for the adoption of the European legal approach to validating marriages involving post-operative transsexuals, emphasizing privacy rights and the fundamental right to marry, rather than the outdated U.S. approach that focuses on biological criteria such as chromosomes and birth sex. It argues that the current U.S. framework unduly restricts the rights of post-operative transsexuals and fails to align with modern societal views on marriage, which prioritize companionship and privacy over procreation.

Toward More Parsimony And Transparency In "The Essentials Of Marriage", Anita Bernstein

Faculty Scholarship

No abstract provided.

Ratifying Cedaw: Is The United States Falling Behind On Women's Rights? , Jessica Sanchez

Public Interest Law Reporter

No abstract provided.

Repair Versus Rejuvenation: The Condition Of Vaginas As A Proxy For The Societal Status Of Women, Patricia A. Broussard

Journal Publications

No abstract provided.

First, Do No Harm: Response To “If You Prick Me”, Patricia A. Broussard

Journal Publications

Brianna Lennon makes several cogent and persuasive arguments about Female Genital Mutilation (“FGM”) in her recently published Student Note entitled, If You Prick Me: The American Academy of Pediatrics’ Female Genital Cutting Policy Turnabout. She successfully articulates why she believes that by prohibiting FGM, opponents are in effect reinforcing it as a tie to the former culture or country. However, although Ms. Lennon makes some sound points, she overlooks and thereby, fails to answer the most obvious question which is, who owns a woman’s body? If one reaches the conclusion that a woman owns her body, then the logical extension …

Reshaping The Narrative Debate, Nancy Levit

Faculty Works

In Reshaping the Work-Family Debate: Why Men and Class Matter, Joan Williams sets out to alter the terms of the public discussion about working, caregiving, and work-family conflicts. In doing so, Williams also reframes part of the conversation about the use of narratives in legal analysis and policy-making.

This essay describes the debate about narrative or storytelling in the legal academy. Two decades ago, a pitched jurisprudential battle surfaced in the pages of law reviews about the value of storytelling as legal scholarship. Since that time, narrative has sifted into academic texts: people are telling stories all over the place. …

Lawyers Suing Law Firms: The Limits On Attorney Employment Discrimination Claims And The Prospects For Creating Happy Lawyers, Nancy Levit

Faculty Works

It is more than a mild irony that anti-discrimination law fails lawyers in particular. This article addresses doctrinal and pragmatic limits on employment discrimination lawsuits by lawyers against their law firms. It considers the failures of the Title VII template to remedy the sorts of discrimination and dissatisfactions lawyers face in the practice of law, and concludes that many of the things that make lawyers unhappy are simply not reachable through employment discrimination lawsuits. The latter portion of the article turns to the recently emerging science of happiness literature. It suggests that the interests of lawyers and their firms may …

Who Cares About The Rights Of Indigenous Children - Infanticide In Brazilian Indian Tribes, Aquila Mazzinghy Alvarenga

UC Law SF Journal on Gender and Justice

In some parts of this world, children are abandoned or even buried alive when their tribes-their own families-consider them dangerous to the well-being of the group. Scholars and advocates have largely framed the discourse on infanticide in indigenous tribes as a conflict between the rights of indigenous peoples to preserve and practice their cultures, and internationally-recognized individual rights that forbid infanticide. This Article examines infanticide in indigenous tribes in Brazil and argues that cultural diversity cannot be invoked to justify indigenous infanticide because life is the sine qua non condition for the existence of culture. Rather, the right to life …

Evil Women And Innocent Victims: The Effect Of Gender On California Sentences For Domestic Homicide, Ryan Elias Newby

UC Law SF Journal on Gender and Justice

A quantitative and qualitative examination of seventy-three domestic homicide cases in California suggests that, to the extent women and men commit domestic homicide in different ways and for different reasons, their outcomes at trial are different. Women were more likely to receive weapons enhancements because of their constrained options vis-a-vis weapon choice. However, women who are able to show prior aggression by their male partners may receive lesser sentences than their male and female counterparts even though they are still convicted of an unlawful killing, i.e., when they are unable to prove perfect self-defense. This Note argues that the extent …

The Origin And Civil Law Foundation Of The Community Property System, Why California Adopted It And Why Community Property Principles Benefit Women, Caroline Bermeo Newcombe

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Section 2259 Restitution Claims And Child Pornography Possession, Dina Mcleod

Michigan Law Review

In 2009, a child pornography victim brought a criminal restitution claim against a defendant who possessed images of her abuse. The statutory provision authorizing restitution, 18 U.S.C. § 2259, had never before been used to bring a claim against a defendant who had only possessed, rather than produced or distributed, child pornography ("child pornography possession defendants"). The federal courts have not developed a consistent approach to resolving Section 2259 claims involving such defendants. This Note argues that two conceptions of traditional proximate cause doctrine can provide a framework for analyzing such claims. It examines Section 2259 claims using both a …

International Advocate For Peace Award Acceptance Speech, Abigail E. Disney

Cardozo Journal of Conflict Resolution

In a few weeks, we will all be gathering around our mothers to celebrate one of the most shamelessly trumped-up, commercialized and corny-and I might add, one of my very favorite-holidays on the American calendar: Mother's Day. I do not want to sound cynical; it is truly a wonderful thing for us to stop and honor those women in our lives who have shaped us, for better or for worse. And who does not love a little tribute made out of glitter and doilies and Elmer's glue?

Forcing Life On The Dead: Why The Pregnancy Exemption Clause Of The Kentucky Living Will Directive Act Is Unconstitutional, Kristeena L. Johnson

Kentucky Law Journal

No abstract provided.

Gender Violence And Work In The United States And South America: The Parallel Processes Of Legal And Cultural Change, Julie Goldscheid

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Employment Discrimination Against Lgbt Utahns, Clifford Rosky, Christy Mallory, Jenni Smith, M.V Lee Badgett

Utah Law Faculty Scholarship

Utah does not have a statewide law that prohibits discrimination based on sexual orientation and gender identity in employment. This report gathers together all existing data on the prevalence of discrimination in Utah to examine how frequently lesbian, gay, bisexual, and transgender Utahns experience employment discrimination based on sexual orientation and gender identity and assess the likely impact of passing a statewide nondiscrimination law.

The report begins by analyzing the data collected through a 2010 survey conducted by Equality Utah, which is the state’s first survey on discrimination based on sexual orientation and gender identity in employment. The data show …

New Millennium, Same Glass Ceiling? The Impact Of Law Firm Compensation Systems On Women, Joan C. Williams, Veta Richardson

Faculty Scholarship

No abstract provided.

Teaching Gender As A Core Value In Business Organizations Class, Cheryl L. Wade

Faculty Publications

(Excerpt)

I teach a business organizations course that is typically a large class with up to ninety students. At some point in the first week of each semester, I talk about public companies and the men who lead them. I point out to my students that while it is appropriate in most contexts to use gender-neutral language, it would be inaccurate to do so when talking about big business. Only fifteen percent of the board seats at Fortune 500 companies are held by women, and only sixteen percent of Fortune 500 corporate officers are women. I let my students know …

Pregnancy Leave And Seniority Systems Under Title Vii: A Critique Of At&T; V. Hulteen, Polina Zhong

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Un Women: Jumping The Hurdles To Overcoming Gender Inequality, Or Falling Short Of Expectations?, Kerry Boyne

Cardozo Journal of Equal Rights & Social Justice

The note examines the challenges faced by UN Women in addressing the interconnected issues of the feminization of poverty and HIV/AIDS, particularly in developing countries. It argues that while UN Women represents a significant step forward with its consolidated structure and increased resources, its success in eradicating these issues depends on overcoming deeply entrenched gender inequalities, inadequate funding, and the effectiveness of its implementation strategies. The analysis highlights the need for UN Women to not only formulate norms but also ensure their proper incorporation and implementation at national and local levels.

How Goliath Won: The Future Implications Of Dukes V. Wal-Mart, Suzette M. Malveaux

Publications

No abstract provided.

Teaching Values, Teaching Stereotypes: Sex Education And Indoctrination In Public Schools, Jennifer S. Hendricks, Dawn Marie Howerton

Publications

Many sex education curricula currently used in public schools indoctrinate students in gender stereotypes. As expressed in the title of one article: "If You Don't Aim to Please, Don't Dress to Tease," and Other Public School Sex Education Lessons Subsidized by You, the Federal Taxpayer, Jennifer L. Greenblatt, 14 Tex.J. on CL. & CR. 1 (2008). Other lessons pertain not only to responsibility for sexual activity but to lifelong approaches to family life and individual achievement. One lesson, for example, instructs students that, in marriage, men need sex from their wives and women need financial support from their husbands. …