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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
The Status Gap: Female Faculty In The Legal Academy, Paula A. Monopoli
Faculty Scholarship
No abstract provided.
Safety V. Surgery: Sex Reassignment Surgery And The Housing Of Transgender Inmates, Tammi S. Etheridge
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
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
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
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
Women, Leadership & Equality
No abstract provided.
Gender Neutrality And The “Violence Against Women” Frame, Julie Goldscheid
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 …
Decolonizing Higher Education: Black Feminism And The Intersectionality Of Race And Gender, Heidi Safia Mirza
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
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
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
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
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
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
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
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
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
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
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
Livelihood And Entrepreneurship In Rabbit Meat Marketing For Small Farmers: Lessons From Kenya, Hema Yadav
Gender, Health, and Science
No abstract provided.
Libertarian Patriarchalism: Nudges, Procedural Roadblocks, And Reproductive Choice, Govind Persad
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
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
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
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
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
Planned Parenthood V. Rounds & Informed Consent, Kate Aizpuru
The Modern American
No abstract provided.
Bypassing Her Constitutional Rights: How The Nebraska Supreme Court Set A Damaging Precedent For Pregnant Minors Seeking Abortion Care, Carlie J. Armstrong
Bypassing Her Constitutional Rights: How The Nebraska Supreme Court Set A Damaging Precedent For Pregnant Minors Seeking Abortion Care, Carlie J. Armstrong
The Modern American
No abstract provided.
Avenging Revenge Porn, Samantha Kopf
Legal Inconsistencies After Astrue V. Caputo: When Children Are Conceived Postmortem, Does Society Have An Obligation To Support Those Children?, 47 J. Marshall L. Rev. 1101 (2014), Catherine Durkin Stewart
Legal Inconsistencies After Astrue V. Caputo: When Children Are Conceived Postmortem, Does Society Have An Obligation To Support Those Children?, 47 J. Marshall L. Rev. 1101 (2014), Catherine Durkin Stewart
UIC Law Review
No abstract provided.
Fighting The Establishment: The Need For Procedural Reform Of Our Paternity Laws, Caroline Rogus
Fighting The Establishment: The Need For Procedural Reform Of Our Paternity Laws, Caroline Rogus
Michigan Journal of Gender & Law
Every state and the District of Columbia use voluntary acknowledgments of paternity. Created pursuant to federal law, the acknowledgment is signed by the purported biological parents and establishes paternity without requiring court involvement. Intended to be a “simple civil process” to establish paternity where the parents are unmarried, the acknowledgment is used by state governments to expedite child support litigation. But federal policy and state laws governing the acknowledgments do not sufficiently protect the interests of those men who have signed acknowledgments and who subsequently discover that they lack genetic ties to the children in question. A signatory who learns …
Morning-After Decisions: Legal Mobilization Against Emergency Contraception In Chile, Fernando Muñoz León
Morning-After Decisions: Legal Mobilization Against Emergency Contraception In Chile, Fernando Muñoz León
Michigan Journal of Gender & Law
In Chile, the Criminal Code bans all forms of abortion. Furthermore, the Constitution—drafted and enacted by the Military Junta led by General Augusto Pinochet—was inspired by a conservative version of Catholic natural law championed by prominent Chilean constitutional law scholars. This Article traces the emergence, development, and ultimately the defeat of a persistent legal mobilization driven by natural law-inspired litigants, politicians, and scholars against levonorgestrel-based emergency contraception, also known as the morning-after pill. In their decade-long efforts at legal mobilization, these natural law litigants used every tool of the Chilean legal system to challenge the legality and the constitutionality of …