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Law and Gender Commons™

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2016

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Articles 121 - 150 of 295

Full-Text Articles in Law and Gender

Do You Understand? Unsettling Interpretative Authority In Feminist Oral History, Katherine Fobear Jan 2016

Do You Understand? Unsettling Interpretative Authority In Feminist Oral History, Katherine Fobear

Journal of Feminist Scholarship

This article interrogates interpretative authority in feminist oral history through a critical Indigenous lens. I argue that critical Indigenous theory provides a useful and needed understanding of participants’ agency and the active role they have in shaping the research. Feminist oral history as a methodology has a long and well-established lineage of exploring difficult questions of power in the relationship between the researcher and the participants. While many feminist oral historians have actively interrogated issues surrounding power within their own research, there are relatively few works that press beyond looking at the one-sided hierarchical relationship between the oral historian and …

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Following In The European Union’S Footsteps: Why The United States Should Adopt Its Own “Right To Be Forgotten” Law For Crime Victims, 32 J. Marshall J. Info. Tech. & Privacy L. 185 (2016), Erin Cooper Jan 2016

Following In The European Union’S Footsteps: Why The United States Should Adopt Its Own “Right To Be Forgotten” Law For Crime Victims, 32 J. Marshall J. Info. Tech. & Privacy L. 185 (2016), Erin Cooper

UIC John Marshall Journal of Information Technology & Privacy Law

This comment aims to look at this intersection between Google search results, their lack of removal options in the United States, and the potential harm this can cause crime victims. The comment will begin by assessing Google’s method for delivering search results, and its general removal process for most non-European nations. Then, this comment will continue by looking at the European Union and its “right to be forgotten” ruling that allows people in certain circumstances to remove their personal information from the Internet, and what the United States can learn from its implementation. Moreover, we will then contrast the European …

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Towards A New Theory Of Feminist Coalition: Accounting For The Heterogeneity Of Gender, Race, Class, And Sexuality Through An Exploration Of Power And Responsibility, Holly Jeanine Boux Jan 2016

Towards A New Theory Of Feminist Coalition: Accounting For The Heterogeneity Of Gender, Race, Class, And Sexuality Through An Exploration Of Power And Responsibility, Holly Jeanine Boux

Journal of Feminist Scholarship

This paper develops a novel theory of feminist coalition that centers and redefines the concepts of power and responsibility. After outlining several key ways in which feminist coalition work has been addressed by both theorists and practitioners, it goes on to explore how accounting for the complex experiences of identity rooted in factors such as race, class, gender, and sexuality continues to complicate the process of coalition building and theorizing. From these foundations, the article develops a theory of feminist coalition that speaks to how such a movement—or organizations within such a movement—can drive the political will for transformation and …

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From The Editors, Anna M. Klobucka, Jeannette E. Riley, Catherine Villanueva Gardner Jan 2016

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

Journal of Feminist Scholarship

No abstract provided.

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A New Heroic Figure: Female Protestors And Precarity In Puerto Rico, Guillermo Rebollo Gil Jan 2016

A New Heroic Figure: Female Protestors And Precarity In Puerto Rico, Guillermo Rebollo Gil

Journal of Feminist Scholarship

This paper offers a critical look on an isolated, failed incident of protest carried out by a young Puerto Rican woman and her two children. In doing so, it explores the possibilities of radical political thought and action on the island. Furthermore, by situating this event within the larger context of danger—physical, social and discursive—that women in Puerto Rico are subjected to, it seeks to question the manner in which female protestors’ vulnerability and agency challenge those on the left to formulate gender-progressive strategies for emancipation. Lastly, it is argued here that this protestor features as new type of radical …

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Bodies And Contexts: An Investigation Into A Postmodern Feminist Reading Of Averroës, Reed Taylor Jan 2016

Bodies And Contexts: An Investigation Into A Postmodern Feminist Reading Of Averroës, Reed Taylor

Journal of Feminist Scholarship

In this article, I contribute to the wider discourse of theorizing feminism in predominantly Muslim societies by analyzing the role of women’s political agency within the writings of the twelfth-century Islamic philosopher Averroës (Ibn Rushd, 1126–1198). I critically analyze Catarina Belo’s (2009) liberal feminist approach to political agency in Averroës by adopting a postmodern reading of Averroës’s commentary on Plato’s Republic. A postmodern feminist reading of Averroes’s political thought emphasizes contingencies and contextualization rather than employing a literal reading of the historical works.

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More Wounding Than Wounds: Hysterectomy, Phenomenology, And The Pain(S) Of Excorporation, Heather Hill-Vasquez Jan 2016

More Wounding Than Wounds: Hysterectomy, Phenomenology, And The Pain(S) Of Excorporation, Heather Hill-Vasquez

Journal of Feminist Scholarship

Focusing on the pain experience of hysterectomy, this article applies and interrogates the foundational descriptive process on which phenomenology is based and suggests that feminism and phenomenology are more compatible than previously asserted. Building upon the work of feminist philosophers who have also explored how feminist and phenomenological approaches share similar methods and intentions—especially in connection with the former’s significant attention to lived experience as a source for the theory feminism employs—the article engages with the philosophies of Maurice Merleau-Ponty and Samuel Mallin who maintain a consistent attention to the body in their phenomenological approaches. Arguing that Mallin’s method of …

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Female Perceptions Of Islam In Today’S Morocco, Fatima Sadiqi Jan 2016

Female Perceptions Of Islam In Today’S Morocco, Fatima Sadiqi

Journal of Feminist Scholarship

This paper is based on a survey, 25 interviews, and observation. According to the results so far, Islam means three things for women in today’s Morocco: faith, culture, and politics. Islam as faith is generally perceived as a personal relationship with God. Such a relationship is seen as both rewarding and empowering, but also private. Women who perceive Islam as faith observe the Islamic rituals and may or may not wear the veil. Women’s perception of Islam as faith is a rather poorly understood topic in research in a heavily space-based patriarchy, probably because of its intimate relationship with the …

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“Strong Women Make Strong Nations”: Women, Literature, And Sovereignty In Paula Gunn Allen And Virginia Woolf, Kristin Czarnecki Jan 2016

“Strong Women Make Strong Nations”: Women, Literature, And Sovereignty In Paula Gunn Allen And Virginia Woolf, Kristin Czarnecki

Journal of Feminist Scholarship

This essay places Virginia Woolf’s A Room of One’s Own and Three Guineas alongside Paula Gunn Allen’s The Sacred Hoop: Recovering the Feminine in American Indian Traditions. Reading these landmark texts together helps establish a transnational dialogue essential to twenty-first-century literary and feminist studies. A Room of One’s Own and The Sacred Hoop resonate with each other in striving to recuperate women’s history and literature, long denied or suppressed by patriarchal tenets and texts. A fruitful dialogic also emerges between Three Guineas and The Sacred Hoop, both of which argue for the eradication of patriarchy in favor of female-centric social …

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Campus Insecurity: Due Process, Proof, And Procedure In Campus Sexual Assault Investigations, Travis Nemmer Jan 2016

Campus Insecurity: Due Process, Proof, And Procedure In Campus Sexual Assault Investigations, Travis Nemmer

Criminal Law Practitioner

No abstract provided.

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Child Sexual Abuse Victims And The Confrontation Clause, Nichole Timmreck Jan 2016

Child Sexual Abuse Victims And The Confrontation Clause, Nichole Timmreck

Criminal Law Practitioner

No abstract provided.

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Aftermath Of The Hobby Lobby Decision: Implications For Women In The Workforce, Hirsh Shah Jan 2016

Aftermath Of The Hobby Lobby Decision: Implications For Women In The Workforce, Hirsh Shah

AUCTUS: The Journal of Undergraduate Research and Creative Scholarship

Hobby Lobby is a chain of 640 arts and crafts stores owned by the Green family, based in Oklahoma City. This company is required to follow the Affordable Care Act (ACA), which mandates that larger employers—those with more than 50 employees—have to include coverage for the full range of preventative care, including contraceptives, in their female employees’ health insurance plans. However, the Green family holds deeply religious views and did not want to include four of the twenty contraceptives covered by the ACA, including long acting reversible contraception and emergency contraception, in their female employee coverage. The family believed that …

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Angry Employees: Revisiting Insubordination In Title Vii Cases, Susan Carle, Susan D. Carle Jan 2016

Angry Employees: Revisiting Insubordination In Title Vii Cases, Susan Carle, Susan D. Carle

Faculty Collected Scholarship and Works

In too many Title VII cases, employees find themselves thrown out of court because they reacted angrily to reasonable perceptions of employer discrimination. In the race context, supervisors repeatedly call employees the n-word and use other racial epithets, order African American employees to perform work others in the same job classification do not have to do, and impose discipline white employees do not face for the comparable conduct. In the gender context, courts throw out plaintiffs’ cases even where supervisors engage in egregious sexual harassment. Employees who react angrily to such demeaning treatment—by cursing, shouting, refusing an order or leaving …

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My Body Is My Temple: Utilizing The Concept Of Dignity In Supreme Court Jurisprudence To Fight Sex Reassignment Surgery Requirements For Recognition Of Legal Sex, Doran Shemin Jan 2016

My Body Is My Temple: Utilizing The Concept Of Dignity In Supreme Court Jurisprudence To Fight Sex Reassignment Surgery Requirements For Recognition Of Legal Sex, Doran Shemin

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Healthcare Access In Women’S Prisons: An Intersectional Perspective, Megan R. Bray Jan 2016

Healthcare Access In Women’S Prisons: An Intersectional Perspective, Megan R. Bray

UROP Posters

This project will be identifying the key factors that contribute to the significant lack of health care in prisons in the U.S., specifically in women’s correctional facilities. I will be lending my focus to disparities in mental health, HIV/AIDs care, reproductive health, trans health, and physical health issues among women who are either currently incarcerated or those who have completed their sentences and are at higher risk for re-entry after attempting re-integration. There is a lack of care, access, and proper treatment for women inmates in U.S. prisons and reform is needed. I foresee the best possible way to accomplish …

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Legal Recognition Of Same-Sex Relationships: New Possibilities For Research On The Role Of Marriage Law In Household Labor Allocation, Deborah A. Widiss Jan 2016

Legal Recognition Of Same-Sex Relationships: New Possibilities For Research On The Role Of Marriage Law In Household Labor Allocation, Deborah A. Widiss

Articles by Maurer Faculty

Research comparing the relative significance of economic exchange theories and gender norms on parents’ division of income-producing and domestic responsibilities often fails to consider sufficiently the role that marriage may play. This article shows that, in the United States, numerous aspects of state and federal law relating to marriage encourage spouses to specialize in distinct breadwinning and caretaking roles. Same-sex marriage offers new opportunities to assess the importance of marriage in household labor allocation decisions while controlling for gender. For any data gathered before June 2015, however, it may be distorting to characterize same-sex couples as simply “married” or “un-married”; …

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A House Divided Against Itself Cannot Stand: The Need To Federalize Surrogacy Contracts As A Result Of A Fragmented State System, 49 J. Marshall L. Rev. 1155 (2016), Brett Thomaston Jan 2016

A House Divided Against Itself Cannot Stand: The Need To Federalize Surrogacy Contracts As A Result Of A Fragmented State System, 49 J. Marshall L. Rev. 1155 (2016), Brett Thomaston

UIC Law Review

This comment will explain the necessity for federal regulation of surrogacy contracts by analyzing the current state of surrogacy laws across the United States. This will be accomplished by examining the fragmented state system and how this largely ignored area of the law has been a feeding ground for widespread forum shopping and inconsistent results. This comment will then address the public policy reasons in support of enforcing these contracts. Next, this comment will examine the avenues of congressional power for regulating these types of contracts. Lastly, this comment will propose that the federal government implement legislation containing key language …

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Missed Opportunities: The Unrealized Equal Protection Framework In Maher V. Roe And Harris V. Mcrae, Amelia Bailey Jan 2016

Missed Opportunities: The Unrealized Equal Protection Framework In Maher V. Roe And Harris V. Mcrae, Amelia Bailey

Michigan Journal of Gender & Law

This Note focuses on two cases, Maher v. Roe and Harris v. McRae, and argues that they represent watershed moments in the reproductive rights movement because they positioned abortion as a fundamental right in name only. In both cases, the Supreme Court sanctioned severe funding restrictions and refused to grant poor women the right to state and federal assistance for elective and “nontherapeutic” abortions. “Non-therapeutic abortion” refers to those abortions performed or induced when the life of the mother is not endangered if the fetus is carried to term or when the pregnancy of the mother is not the …

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Gender Bias In The Courtroom: Combating Implicit Bias Against Women Trial Attorneys And Litigators, Connie Lee Jan 2016

Gender Bias In The Courtroom: Combating Implicit Bias Against Women Trial Attorneys And Litigators, Connie Lee

Cardozo Journal of Equal Rights & Social Justice

The article examines the persistent gender bias against women trial attorneys and litigators, highlighting the historical roots of this issue, presenting empirical data on its impact, and proposing solutions to address it. It argues that despite progress in gender equality, women remain underrepresented in leadership roles within the legal profession due to both overt and implicit biases.

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For The Title Ix Civil Rights Movement: Congratulations And Cautions, Nancy Chi Cantalupo Jan 2016

For The Title Ix Civil Rights Movement: Congratulations And Cautions, Nancy Chi Cantalupo

Faculty Scholarship

No abstract provided.

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Sexual Orientation And Gender Identity, Mark E. Wojcik Jan 2016

Sexual Orientation And Gender Identity, Mark E. Wojcik

The International Lawyer

No abstract provided.

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Lifetime Disadvantage, Susan Bisom-Rapp, Malcolm Sargeant Jan 2016

Lifetime Disadvantage, Susan Bisom-Rapp, Malcolm Sargeant

Faculty Scholarship

Lifetime Disadvantage, Discrimination and the Gendered Workforce fills a gap in the literature on discrimination and disadvantage suffered by women at work by focusing on the inadequacies of the current law and the need for a new holistic approach. Each stage of the working life cycle for women is examined with a critical consideration of how the law attempts to address the problems that inhibit women's labor force participation. By using their model of lifetime disadvantage, the authors show how the law adopts an incremental and disjointed approach to resolving the challenges, and argue that a more holistic orientation towards …

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Debunking The Myth Of Universal Male Privilege, Jamie Abrams Jan 2016

Debunking The Myth Of Universal Male Privilege, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

Existing legal responses to sexual assault and harassment in the military have stagnated or failed. Current approaches emphasize the prevalence of sexual assault and highlight the masculine nature of the military’s statistical composition and institutional culture. Current responses do not, however, incorporate masculinities theory to disentangle the experiences of men as a group from men as individuals. Rather, embedded within contestations of the masculine military culture is the unstated assumption that the culture universally privileges or benefits the individual men that operate within it. This myth is harmful because it tethers masculinities to military efficacy, suppresses the costs of male …

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The Case For Lgbt Equality: Reviving The Political Process Doctrine And Repurposing The Dormant Commerce Clause, Terri R. Day, Danielle Weatherby Jan 2016

The Case For Lgbt Equality: Reviving The Political Process Doctrine And Repurposing The Dormant Commerce Clause, Terri R. Day, Danielle Weatherby

Brooklyn Law Review

As a reaction to the Supreme Court’s historic marriage equality decision earlier this summer, many Southern state legislators opposing the trend toward LGBT-protective laws have proposed legislation that would essentially prohibit municipalities from carving out new antidiscrimination protections for the LGBT community. Conservative Senator Bart Hester spearheaded the passing of one of these “anti” antidiscrimination laws in Arkansas, and states like Texas, West Virginia, Michigan, and Oklahoma are not far behind. These “Hester-type laws” are strikingly similar to the Colorado amendment struck down by the Romer v. Evans Court 20 years ago. Both the Colorado amendment and the new wave …

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Judge Judith Kaye At Skadden, Arps, Barry H. Garfinkel Jan 2016

Judge Judith Kaye At Skadden, Arps, Barry H. Garfinkel

Brooklyn Law Review

This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.

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The Making Of A Judge's Judge: Judith S. Kaye's 1987 Cardozo Lecture, Henry M. Greenberg Jan 2016

The Making Of A Judge's Judge: Judith S. Kaye's 1987 Cardozo Lecture, Henry M. Greenberg

Brooklyn Law Review

This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.

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For Judith S. Kaye, Susan N. Herman Jan 2016

For Judith S. Kaye, Susan N. Herman

Brooklyn Law Review

This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.

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Reflections On Opportunity In Life And Law, Judith S. Kaye Jan 2016

Reflections On Opportunity In Life And Law, Judith S. Kaye

Brooklyn Law Review

This essay was written by Judge Kaye in the fall of 2015 for the Brooklyn Law Review. She reflects on her life, her time on the bench, and the significance of New York’s Constitutional Convention. Through the lens of dual constitutionalism and her own life story, Judge Kaye opines on the opportunities in life and law that are not to be missed.

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A Tribute To Chief Judge Judith S. Kaye, Hon. Janet Difiore Jan 2016

A Tribute To Chief Judge Judith S. Kaye, Hon. Janet Difiore

Brooklyn Law Review

This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.

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The Return Of Coverture, Allison Anna Tait Jan 2016

The Return Of Coverture, Allison Anna Tait

Michigan Law Review First Impressions

Once, the notion that husbands and wives were equal partners in marriage seemed outlandish and unnatural. Today, the marriage narrative has been reversed and the prevailing attitude is that marriage has become an increasingly equitable institution. This is the story that Justice Kennedy told in Obergefell v. Hodges, in which he described marriage as an evolving institution that has adapted in response to social change such that discriminatory marriage rules no longer apply. Coverture exemplifies this change: marriage used to be deeply shaped by coverture rules and now it is not. While celebrating the demise of coverture, however, the …

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