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Law and Gender Commons

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2014

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Articles 181 - 210 of 346

Full-Text Articles in Law and Gender

The Status Gap: Female Faculty In The Legal Academy, Paula A. Monopoli Jan 2014

The Status Gap: Female Faculty In The Legal Academy, Paula A. Monopoli

Faculty Scholarship

No abstract provided.


When Speech Isn't Free: Legal Barriers And Consequences Of Reporting Sexual Violence, Kevin M. Fleming Jan 2014

When Speech Isn't Free: Legal Barriers And Consequences Of Reporting Sexual Violence, Kevin M. Fleming

Departmental Honors Projects

Incidents of sexual violence continue to be a serious problem for society. Likewise, acts of sexual violence impose severe consequences for survivors. The consequences initially begin at the onset of the survivor’s journey to psychological recovery following the traumatic sexual assault. The consequences take on a unique set of characteristics when the survivor attempts to use the justice system to confront the perpetrator who committed the offense. These characteristics can transform an adversarial process into an isolated battle for the survivor. In the worst cases, the justice system empowers individuals who wish to silence survivors with free speech restrictions instead …


Safety V. Surgery: Sex Reassignment Surgery And The Housing Of Transgender Inmates, Tammi S. Etheridge Jan 2014

Safety V. Surgery: Sex Reassignment Surgery And The Housing Of Transgender Inmates, Tammi S. Etheridge

Scholarly Articles

Rather than continue to ignore the discrepancy between allowing transgender prisoners access to hormone therapy and sexual reassignment surgery while permitting prison administrators to decide whether there is adequate housing to warrant such treatment, courts should enforce the use of such medically necessary treatments when prescribed by a doctor. Although prisons may be justified in their concerns of safety, it is time to amend the structure of the prison industrial complex so that all prisoners are safe and free from abuse. Moving forward, prisons might consider classifying and housing each prisoner on a case-by case basis or constructing non-punitive housing …


Contraceptive Sabotage, Leah A. Plunkett Jan 2014

Contraceptive Sabotage, Leah A. Plunkett

Law Faculty Scholarship

This Article responds to the alarm recently sounded by the American College of Obstetricians and Gynecologists over “birth control sabotage”—the “active interference [by one partner] with [the other] partner’s contraceptive methods in an attempt to promote pregnancy.” Currently, sabotage is not a crime, and existing categories of criminal offenses fail to capture the essence of the injury it does to victims. This Article argues that sabotage should be a separate crime—but only when perpetrated against those partners who can and do get pregnant as a result of having sabotaged sex. Using the principle of self-possession—understood as a person’s basic right …


Irresistible As A Matter Of Law: Why Title Vii Jurisprudence Administered The Coup De Grace To The Purposivist Method Of Statutory Interpretation, Robert A. Pellow Jan 2014

Irresistible As A Matter Of Law: Why Title Vii Jurisprudence Administered The Coup De Grace To The Purposivist Method Of Statutory Interpretation, Robert A. Pellow

Barry Law Review

No abstract provided.


Mandatory Ultrasound Statutes And The First Amendment, Shifting The Constitutional Perspective, Cheri D. Smith Jan 2014

Mandatory Ultrasound Statutes And The First Amendment, Shifting The Constitutional Perspective, Cheri D. Smith

Women, Leadership & Equality

The jurisprudence of abortion law is replete with instances in which the concerns of the woman seeking the procedure have taken a back seat. The newest battleground in abortion regulation involves mandatory ultrasound statutes touted as informed consent regulations. The analysis of courts confronting these statutes has turned on whether the mandatory disclosures violate the physician’s First Amendment right to be free from compelled speech. The particular breed of statute at issue in this paper requires a physician not only to perform an ultrasound, but also to make the images visible to the woman, to make audible the heartbeat, and …


Narrowing The Gender Pay Gap By Providing Equal Opportunities: The Need For Tenured Female Professors In Higher Stem Institutions In An Effort To Recast Gender Norms, Claire R. Rollor Jan 2014

Narrowing The Gender Pay Gap By Providing Equal Opportunities: The Need For Tenured Female Professors In Higher Stem Institutions In An Effort To Recast Gender Norms, Claire R. Rollor

Women, Leadership & Equality

No abstract provided.


Gender Neutrality And The “Violence Against Women” Frame, Julie Goldscheid Jan 2014

Gender Neutrality And The “Violence Against Women” Frame, Julie Goldscheid

Publications and Research

The challenge of sustaining a progressive framework that continues to resonate in the complex aftermath of a generation of reforms lies at the heart of many current debates about gender violence legal and policy reform. This Article addresses one longstanding issue: the way gender violence is framed in law, policy, and popular rhetoric. Many initiatives continue to use the gender-specific “violence against women” frame as a default description. That “woman-specific” frame, developed in service of feminist goals such as foregrounding and challenging gender bias and fostering more inclusive delivery of social and other services, now raises empirical, theoretical, political and …


Lessons From The Dolphins/Richie Incognito Saga, Kerri Lynn Stone Jan 2014

Lessons From The Dolphins/Richie Incognito Saga, Kerri Lynn Stone

Faculty Publications

No abstract provided.


Decolonizing Higher Education: Black Feminism And The Intersectionality Of Race And Gender, Heidi Safia Mirza Jan 2014

Decolonizing Higher Education: Black Feminism And The Intersectionality Of Race And Gender, Heidi Safia Mirza

Journal of Feminist Scholarship

Drawing on black feminist theory, this paper examines the professional experiences of postcolonial diasporic black and ethnicized female academics in higher education.1 The paper explores the embodiment of gendered and racialized difference and reflects on the power of whiteness to shape everyday experiences in such places of privilege. The powerful yet hidden histories of women of color in higher education, such as the Indian women suffragettes and Cornelia Sorabji in late nineteenth century, are symbolic of the erasure of an ethnicized black feminist/womanist presence in mainstream (white) educational establishments. The paper concludes that an understanding of black and ethnicized female …


Critical Spaces: Processes Of Othering In British Institutions Of Higher Education, Aretha Phiri Jan 2014

Critical Spaces: Processes Of Othering In British Institutions Of Higher Education, Aretha Phiri

Journal of Feminist Scholarship

Global recession and the economic crisis have affected contemporary British society in predictable ways. But this age of austerity has also unveiled the continued sinister machinations of whiteness. While not necessarily homogeneous, austerity rhetoric, as it is currently conventionally deployed, works to perpetuate white masculinist privilege and further entrenches the normative value of whiteness, while simultaneously masking and marginalizing those ethnic minority populations traditionally othered from mainstream sociopolitical discourse. More specifically, recent austerity measures adversely affect the situation of women and the future of feminist theory and practice in British higher education. This paper investigates and problematizes the deployment of …


Precarious Pedagogies? The Impact Of Casual And Zero-Hour Contracts In Higher Education, Ana Lopes, Indra Angeli Dewan Jan 2014

Precarious Pedagogies? The Impact Of Casual And Zero-Hour Contracts In Higher Education, Ana Lopes, Indra Angeli Dewan

Journal of Feminist Scholarship

Precarious work is associated with and characterizes the effects of neoliberal policy—the transference of economic risk onto workers, the erosion of workers’ rights, the flexibilization and casualization of work contracts, self-responsibility, financial insecurity, and emotional stress. In the Higher Education (HE) sector, the number of insecure academic jobs, especially zero-hour contracts for hourly paid teaching and short-term contract research, has grown exponentially in recent years in response to the structural and fiscal changes within universities, which reflect these global shifts. This paper presents findings from a pilot study conducted with academics on casual contracts in HE institutions in England and …


Love Matters, Tamara L. Kuennen Jan 2014

Love Matters, Tamara L. Kuennen

Sturm College of Law: Faculty Scholarship

Love matters to women in abusive relationships. Consequently, matters of love should mean something to both the legal regime redressing intimate partner violence (“IPV”) and to feminist legal scholars seeking to reform the same. Currently the law ignores matters of love by conditioning legal remedies on the immediate termination of the intimate relationship by the victim. Feminist legal scholars unwittingly ignore love by failing to be sufficiently specific about the type of abuse we most wish to eradicate: coercive control. This is a pattern of acts—both violent and nonviolent—in which one partner seeks to control and dominate the personhood and …


Feminist Praxis, Critical Theory And Informal Hierarchies, Eva Giraud Jan 2014

Feminist Praxis, Critical Theory And Informal Hierarchies, Eva Giraud

Journal of Feminist Scholarship

This article draws on my experiences teaching across two undergraduate media modules in a UK research-intensive institution to explore tactics for combatting both institutional and informal hierarchies within university teaching contexts. Building on Sara Motta’s (2012) exploration of implementing critical pedagogic principles at postgraduate level in an elite university context, I discuss additional tactics for combatting these hierarchies in undergraduate settings, which were developed by transferring insights derived from informal workshops led by the University of Nottingham’s Feminism and Teaching network into the classroom. This discussion is framed in relation to the concepts of “cyborg pedagogies” and “political semiotics of …


California’S Eavesdropping Law Endangers Victims Of Domestic Violence, 31 J. Marshall J. Info. Tech. & Privacy L. 57 (2014), John E.B. Myers Jan 2014

California’S Eavesdropping Law Endangers Victims Of Domestic Violence, 31 J. Marshall J. Info. Tech. & Privacy L. 57 (2014), John E.B. Myers

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Neoliberalism And Public University Agendas: Tensions Along The Global/Local Divide, Peter Wanyenya, Donna Lester-Smith Jan 2014

Neoliberalism And Public University Agendas: Tensions Along The Global/Local Divide, Peter Wanyenya, Donna Lester-Smith

Journal of Feminist Scholarship

Over the last decade, internationalization efforts have accelerated at leading postsecondary institutions in North America and elsewhere, with universities now aggressively competing for the most talented students worldwide. With the focus on recruiting international students, one of the major attendant objectives has seemingly been a social-justice-oriented agenda on tackling pressing global issues; the local has indeed become the global. However, not everyone is ostensibly benefiting from this new global focus. For some, their local issues and conditions are increasingly precarious and nonprioritized in institutional and broadening neoliberal governmental agendas. In the Canadian context, various Indigenous and low-income racialized communities, youth …


From The Editors, Anna M. Klobucka, Jeannette E. Riley, Catherine Villanueva Gardner Jan 2014

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

Journal of Feminist Scholarship

No abstract provided.


Beginning With The Body: Fleshy Politics In The Performance Art Of Rebecca Belmore And Leah Lakshmi Piepzna-Samarasinha, Samantha Balzer Jan 2014

Beginning With The Body: Fleshy Politics In The Performance Art Of Rebecca Belmore And Leah Lakshmi Piepzna-Samarasinha, Samantha Balzer

Journal of Feminist Scholarship

This article examines what I term the "fleshy" politics of Rebecca Belmore's 2002 Vigil and Leah Lakshmi Piepzna-Samarasinha's contributions to the 2009 version of the performance project Sins Invalid: An Unshamed Claim to Beauty in the Face of Invisibility. Focusing on the embodied performances of both Belmore and Piepzna-Samarasinha, I read the skin of the artist as a site where complex politics develop. This analysis is broken into three sections: the first considers the relationship between the performing body and the performance space; the second attends to specific movements each artist makes; the third focuses on garments worn in each …


Sexual Violence Directed Against Men And Boys In Armed Conflict Or Mass Atrocity: Addressing A Gendered Harm In International Criminal Tribunals, Valerie Oosterveld Jan 2014

Sexual Violence Directed Against Men And Boys In Armed Conflict Or Mass Atrocity: Addressing A Gendered Harm In International Criminal Tribunals, Valerie Oosterveld

Law Publications

No abstract provided.


Procedural Steps Addressing Sexual And Gender-Based Violence: The Legacy Of The International Criminal Tribunal For Rwanda And Its Application In The Special Court For Sierra Leone, Valerie Oosterveld Jan 2014

Procedural Steps Addressing Sexual And Gender-Based Violence: The Legacy Of The International Criminal Tribunal For Rwanda And Its Application In The Special Court For Sierra Leone, Valerie Oosterveld

Law Publications

This paper examines certain procedural strategies adopted by the International Criminal Tribunal for Rwanda (ICTR) to encourage and support victims of, and witnesses to, sexual and gender-based violence and traces their application in the Special Court for Sierra Leone. First, the paper explores specific methods used to protect the identity of victims and witnesses. Second, this paper considers steps taken by the ICTR to provide courtroom support to victims and witnesses. Finally, this paper surveys evidentiary approaches meant to reduce the retraumatization of sexual violence victims. The ICTR indeed has a legacy in these respects, somewhat positive and somewhat flawed.


Livelihood And Entrepreneurship In Rabbit Meat Marketing For Small Farmers: Lessons From Kenya, Hema Yadav Jan 2014

Livelihood And Entrepreneurship In Rabbit Meat Marketing For Small Farmers: Lessons From Kenya, Hema Yadav

Gender, Health, and Science

No abstract provided.


Name Narratives: A Tool For Examining And Cultivating Identify, Margaret E. Montoya, Irene Morris Vasquez, Diana V. Martinez Jan 2014

Name Narratives: A Tool For Examining And Cultivating Identify, Margaret E. Montoya, Irene Morris Vasquez, Diana V. Martinez

Faculty Scholarship

This paper uses Critical Race Theory and LatCrit terminology, analytical approaches, and discursive conventions, including autobiographical narratives. From their inception, names are embedded with meaning and coded with identity, and over time, they become layered with nuance and memory. We divide this article into three sections, Part I is a brief overview of recent commentaries in newspapers and public radio related to names, particularly as they pertain to identity and specifically to Latinas/os. Part II is a description of how Professor Irene Vasquez has used Name Narratives in the undergraduate classroom to help students deepen their understanding of their cultural …


The Story Behind A Letter In Support Of Professor Derrick Bell, Margaret E. Montoya Jan 2014

The Story Behind A Letter In Support Of Professor Derrick Bell, Margaret E. Montoya

Faculty Scholarship

Jointly authored with Cheryl Nelson Butler, Sherrilyn Ifill, Suzette Malveaux, Natsu Taylor Saito, Nareissa L. Smith and Tanya Washington. Professor Derrick A. Bell, Jr. had a long and proud history of disturbing authority. He is widely noted as one of the founders of Critical Race Theory. His scholarship on race was not only a direct challenge to the traditionally conservative legal academy, but also to the more liberal bastions within the academy, such as the Critical Legal Studies movement. His writings about the role of race in American law have made him one of the most prominent legal scholars of …


Legal Education At A Crossroads: Innovation, Integration, And Pluralism Required!, Antoinette M. Sedillo Lopez, Robert F. Seibel, Peggy Maisel, Karen Tokarz Jan 2014

Legal Education At A Crossroads: Innovation, Integration, And Pluralism Required!, Antoinette M. Sedillo Lopez, Robert F. Seibel, Peggy Maisel, Karen Tokarz

Faculty Scholarship

We conclude in this Article that expanded practice-based, experiential education will provide foundational learning for the successful transition from law student to law practice, and that clinical education (in-house clinics, hybrid clinics, and externships) is crucial to the preparation of competent, ethical law graduates who are "ready to become professionals." We urge law schools to require each graduate complete a minimum of twenty-one experiential course credits over the three years of law school, including at least five credits in law clinics or externships. Twenty-one required credits (or roughly 25 percent of the eighty-three required credits for graduation from an American …


Libertarian Patriarchalism: Nudges, Procedural Roadblocks, And Reproductive Choice, Govind Persad Jan 2014

Libertarian Patriarchalism: Nudges, Procedural Roadblocks, And Reproductive Choice, Govind Persad

Sturm College of Law: Faculty Scholarship

Cass Sunstein and Richard Thaler's proposal that social and legal institutions should steer individuals toward some options and away from others-a stance they dub "libertarian paternalism"-has provoked much high-level discussion in both academic and policy settings. Sunstein and Thaler believe that steering, or "nudging," individuals is easier to justify than the bans or mandates that traditional paternalism involves. This Article considers the connection between libertarian paternalism and the regulation of reproductive choice. I first discuss the use of nudges to discourage women from exercising their right to choose an abortion, or from becoming or remaining pregnant. I then argue that …


Feminist Interruptions: Creating Care-Ful And Collaborative Community-Based Research With Students, Kelly Concannon, Laura Finley, Nadine Grifoni, Stephanie Wong Jan 2014

Feminist Interruptions: Creating Care-Ful And Collaborative Community-Based Research With Students, Kelly Concannon, Laura Finley, Nadine Grifoni, Stephanie Wong

Journal of Feminist Scholarship

This article describes a feminist community-based research project involving faculty and student collaboration to evaluate a dating and domestic violence awareness initiative. Using a critical ethics of care that emphasizes relationships and allows for constant reflection about power dynamics, role, positionality, and emotions, the authors reflect on what was learned during the research process. Faculty and student researchers share their perspectives and offer suggestions for future feminist collaborative research projects. Significant lessons learned include ensuring that all are invested from the outset of the project, guaranteeing that student researchers understand why their role is so critical in community-based research, and …


Teaching Against Hierarchies: An Anarchist Approach, Stephanie Spoto Jan 2014

Teaching Against Hierarchies: An Anarchist Approach, Stephanie Spoto

Journal of Feminist Scholarship

The state of California spends more on prisons than on colleges and universities, and the fact that these two budgetary figures are often compared shows the relationship between the two state institutions. Our classrooms, starting from a very early stage, not only prepare children to be productive members of the consumer economy but educate them for complacency in the face of state violence and mass incarceration. In attempting to move away from hierarchical models of education, this article looks at the feminist pedagogical theory of bell hooks and antiauthoritarian and anarchist theorists such as Jacques Rancière and Derrick Jensen in …


Mother Of A New World? Stereotypical Representations Of Black Women In Three Postapocalyptic Films, Karima K. Jeffrey Jan 2014

Mother Of A New World? Stereotypical Representations Of Black Women In Three Postapocalyptic Films, Karima K. Jeffrey

Journal of Feminist Scholarship

This essay explores three cinematic representations of Black matriarchs who play prophetic roles in redeeming humanity in the midst of apocalyptic change: Ika (Quest for Fire), Kee (Children of Men), and The Oracle (The Matrix trilogy). Not only do these courageous women resist the politics of domination, rebelling against a dying status quo, but they "give birth" to the leaders needed to rebuild a world in chaos and decay. One film ends with a pregnant woman rubbing her belly as she stands on the precipice of evolutionary change; another positions a mother and newborn adrift, waiting to be found by …


From The Editors, Anna M. Klobucka, Jeannette E. Riley, Catherine Villanueva Gardner Jan 2014

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

Journal of Feminist Scholarship

No abstract provided.


Planned Parenthood V. Rounds & Informed Consent, Kate Aizpuru Jan 2014

Planned Parenthood V. Rounds & Informed Consent, Kate Aizpuru

The Modern American

No abstract provided.