Law and Gender Commons^™

2017 Annual Survey: Recent Developments In Sports Law, Jordan Lysiak, Katherine Hampel

Marquette Sports Law Review

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Precarious Responsibility: Teaching With Feminist Politics In The Marketized University, Lena Wånggren

Journal of Feminist Scholarship

One of the most pressing characteristics of the neoliberal restructuring of academia, together with increased managerialism, performativity measures, and a “customer service” approach, is the casualization or precarization of academic work. Casualization entails a fragmentation of academic work, where academics are forced to move between workplaces on hourly-paid and fixed-term contracts, often doing their job without access to resources such as an office, training, or paid research time. While a number of feminist scholars have investigated the ways in which feminist academics negotiate the ever-increasing mechanisms of individualization, ranking, and auditing of their work, this article focuses on the precarious …

The Maternal Assemblage: Nonprocreative Maternity As Contagion And Resistance, Charles E. Hicks

Journal of Feminist Scholarship

This article analyzes the consistent problematic of nonprocreative maternal identity, specifically its positioning in a heteronormative symbolic framework as the antithesis of biological or “real” motherhood. Using Lee Edelman’s work on the queer body’s relationship to a futural horizon, the first part addresses how the epistemological framework whereby nonprocreative maternal bodies are subjected to the image of the Child, a fantasy of wholeness, thematizes the nonprocreative maternal body as deviant and enacts a logic of repetition that supplements a heteronormative future. The second portion of this essay illustrates how, due to the monomaternalist matrix’s refusal to accept it as legitimate, …

Recreating And Reenvisioning Scandal: A Photographic Exploration Of The Eliot Spitzer And Anthony Weiner Press Conferences, Hinda Mandell, Meredith Davenport

Journal of Feminist Scholarship

No abstract provided.

"We Sick": The Deweys As Women's Willful Self-Destruction In Toni Morrison's Sula, Kathleen Anderson, Gayle Fallon

Journal of Feminist Scholarship

Toni Morrison explores the complexities of race, gender, and matrilineal influence in Sula. Although much recent feminist criticism has addressed the operations of race and gender in the novel, this essay provides the first developed examination of Morrison’s strategic use of three diminutive boys, all named “dewey,” to emphasize the willfully self-destructive tendencies of the novel’s female characters. Burdened with their community’s limiting idealizations of femininity and motherhood, the women of Sula practice various forms of self-harm in an effort to develop and proclaim their holistic, autonomous selves. The deweys’ mischievous childhood games foreshadow the consequences of female self-harm, but …

Just Like Us: Elizabeth Kendall’S Imperfect Quest For Equality, Kate Rose

Journal of Feminist Scholarship

This essay analyzes United States academic Elizabeth Kendall’s 1913 travelogue A Wayfarer in China through the lenses of gender and criticism of imperialism. In China, Kendall sought to transcend social norms while reflecting empathetically, though sometimes contradictorily, on the lives of the people she encountered. In her travelogue, Kendall is exploring China’s wild areas but also the metaphysical, untamed space beyond conventions in a quest for gender equality and cultural autonomy. She also defends Chinese immigrants in the US at a time of overwhelming anti-Asian prejudice.

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

Journal of Feminist Scholarship

No abstract provided.

How Defendant Characteristics Affect Sentencing And Conviction In The Us, Payton Kuenzli

Honors Undergraduate Theses

This research study analyzes whether or not there is any relationship between sentencing and conviction and certain defendant characteristics in the US legal system. In the midst of a time where the nation is strongly divided politically, the topic is often the center of research projects and discussions in academic journals. Specifically, this research explores the 3 characteristics- race, gender, and socioeconomic status. Within this article, multiple case studies from other journals are cited in which research and experiments have suggested that these factors do have influence on both whether or not a defendant gets convicted or for how long …

Index: Sports Law In Law Reviews And Journals, Jordan Lysiak

Marquette Sports Law Review

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Clearly Unconvincing: How Heightened Evidentiary Standards In Judicial Bypass Hearings Create An Undue Burden Under Whole Woman's Health, Haley Hawkins

American University Law Review

No abstract provided.

"The Way I Felt": Creating A Model Statute To Address Sexual Offenses Which Utilize Virtual Reality, Ryan Esparza

Criminal Law Practitioner

No abstract provided.

From Criminals To Survivors: Recognizing Domestic Sex Trafficking As Violence Against Women In The District Of Columbia, Alice Mutter

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Negotiated Rulemaking: A Method For Addressing Ambiguity Of Title Ix's Applicability To Transgender And Gender Non-Conforming Students, Greta Allardyce

The Modern American

No abstract provided.

A (Not So) Simple Question: Does Title Ix Encompass “Gender”?, 51 J. Marshall L. Rev. 225 (2018), J. Brad Reich

UIC Law Review

This article has five sections. Section I looks at critical, operational, definitions of “sex” and “gender.” As we shall see, the terms are not synonyms. That distinction is important as section II takes us back to Title IX’s original text. That language prohibited discrimination based on sex, but it remains silent on the issue of gender. Section III then examines how Title IX evolved in terms of depth, breadth, and scope. The most recent expansion brought campus sexual violence procedures under Title IX. That development may be particularly thought provoking as sexual violence, like gender, is not part of Title …

Justice For Victims Of Sex Trafficking: Why Current Illinois Efforts Aren’T Enough, 51 J. Marshall L. Rev. 715 (2018), Rachael Derham

UIC Law Review

No abstract provided.

Draft Of A Letter Of Recommendation To The Honorable Alex Kozinski, Which I Guess I'M Not Going To Send Now, Yxta Maya Murray

Michigan Journal of Gender & Law

This legal-literary essay engages the current social and jurisprudential moment, encapsulated by the hashtag #metoo. It focuses on the allegations, made in the first week of December 2017, that Ninth Circuit Court of Appeals Judge Alex Kozinski verbally sexually harassed former law clerks Emily Murphy and Heidi Bond. I wrote the lioness’s share of the piece during December 10–11—that is, in the days before news outlets reported that other women complained of Kozinski touching them on the thigh or breast while propositioning them for sex or discussing recent sexual encounters—and concluded that Kozinski was unlikely to face impeachment or meaningful …

Women’S Rights In The Dprk: Discrepancies Between International And Domestic Legal Instruments In Promoting Women’S Rights And The Reality Reflected By North Korean Defectors, Jina Yang

Cornell International Law Journal

It is commendable that the DPRK has ratified the CEDAW and has established legislative measures to protect women from violence and guarantee equal protection. However short of internationally accepted human rights standard the DPRK may fall, such actions show that the DPRK is nonetheless trying to be a responsible member of the international community. However, many findings show that women’s rights are far from reaching the international standards, because of patriarchal traditions that are entrenched to the North Korean society and the national institutions related to women’s rights, which are used to mobilize women to work for the state, rather …

Centering Women In Prisoners' Rights Litigation, Amber Baylor

Michigan Journal of Gender & Law

This Article consciously employs both a dignity rights-based framing and methodology. Dignity rights are those rights that are based on the Kantian assertion of “inalienable human worth.”29 This framework for defining rights spans across a number of disciplines, including medicine and human rights law.30 Disciplinary sanctions like solitary confinement or forced medication might be described as anathema to human dignity because of their degrading effect on an individual’s emotional and social well-being.

This Article relies on first-person oral histories where possible. Bioethics scholar Claire Hooker argues that including narratives in work on dignity rights “is both a moral and an …

Names Are Important, Margaret Butler

Faculty Publications By Year

No abstract provided.

A Title Ix Conundrum: Are Campus Visitors Protected From Sexual Assault?, Hannah Brenner

Faculty Scholarship

Sexual violence is a significant and longstanding problem on college campuses that has been made even more visible by recent media attention to the #MeToo movement. Title IX of the Education Amendments of 1972 addresses discrimination (including sexual violence) that impedes access to education; the law demands compliance from federally funded schools related to their prevention of and response to this problem. The U.S. Supreme Court has interpreted the law to contain an implied private right of action that can be brought against a school for its deliberate indifference to severe and pervasive sex discrimination about which it has knowledge. …

Analyzing The Disappearance Of Women’S Surnames And The Retrenchment Of Their Political-Legal Status In Early Modern England, Deborah Anthony

UC Law SF Journal on Gender and Justice

Multiple economic and political developments appear to have jointly contributed to the constriction of women’s surnames throughout history, including feudalism, the English common law, capitalism, colonialism and imperialism, and the development of the nation-state and its attendant concept of citizenship. While history generally moves in a positive direction, principles of coverture and female legal impotence appear to have in some ways become increasingly restrictive, with women’s surnames as one indication of that. Viewing the use of women’s surnames in terms of their effects on women, reveals the ways in which surname usage wrought a new formal exclusiveness and subordination of …

No Justice For Guatemalan Women: An Update 20 Years After Guatemala’S First Violence Against Women Law, Héctor Ruiz

UC Law SF Journal on Gender and Justice

This article is a report update examining the development and implementation of violence against women laws in Guatemala. In 2015, the Center for Gender and Refugee Studies, accompanied by U.C. Hastings, College of the Law professors and students, including the author, went to Guatemala and met with various agencies who work to combat violence against women. This report summarizes the study’s findings, in addition to offering recommendations to the Guatemalan and United States governments on how to protect women and children in Guatemala from gender-based violence.

Street Harassment: The Need For Criminal Remedies, Sonja Arndt

UC Law SF Journal on Gender and Justice

This article shines light on the lack of street harassment laws in the United States, while outlining why there is an immediate need for these types of laws. The author seeks to develop a working legal definition of street harassment, while subcategorizing street harassment into three separate categories: catcalling, verbal sexual harassment, and verbal sexual assault. Lastly, the author puts forth a legal proposal which would criminalize verbal sexual harassment and verbal sexual assault.

“The World Is Changing Fast, And Women Will Be On Top”, Hastings Women’S Law Journal

UC Law SF Journal on Gender and Justice

Rep. Sam Farr represented the Central Coast of California in the U.S. House of Representatives for 23 years. During his time in Congress, he was given the unique opportunity to visit foreign countries and captured photos along the way. Rep. Farr shares three photos of women abroad, while also providing a short interview with Hastings Women’s Law Journal.

The Legal Implications Under Federal Law When States Enact Biology-Based Transgender Bathroom Laws For Students And Employees, Marka B. Fleming, Gwendolyn Mcfadden-Wade

UC Law SF Journal on Gender and Justice

Recently, numerous states have considered enacting transgender bathroom laws based on the individual’s biological sex. In some cases, when these biology-based laws have been enacted, the results have been lawsuits filed by students and employees claiming violations of Title IX and Title VII. Actually, the legal rights of transgender students and employees when using public restrooms or facilities has become a hot topic of debate in recent times. In addressing this hotly debated topic, this article focuses on the transgender bathroom issue at the state level and provides insight into the attempts by states to turn policy into law. First, …

Shackling Women During Labor: A Closer Look At The Inhume Practice Still Occurring In Our Prisons, Amanda Glenn

UC Law SF Journal on Gender and Justice

Despite legislation and policy to prevent such things from happening, incarcerated pregnant women are still being shackled and restrained when they give birth in prison. Shackling women during childbirth creates risks for both mother and child, and is completely unnecessary to ensure the safety of prison or heath personnel. This note reviews the rules and policies in place on both the federal and state level and highlights several personal stories of women who have been restrained, even when rules prohibiting the use of shackles are on the books. This note also emphasizes the gaps in the law and suggests the …

Police, Heroes, And Child Trafficking: Who Cries When Her Attacker Wears Blue?, 18 Nev. L.J. 1007 (2018), Samuel Vincent Jones

UIC Law Open Access Faculty Scholarship

No abstract provided.

Foreword, Sonja Arndt

UC Law SF Journal on Gender and Justice

No abstract provided.

Thank You Harvey Weinstein, Rochelle Dornatt

UC Law SF Journal on Gender and Justice

After spending 35 years working on the Hill for Congress, Ms. Dornatt reflects upon the sexual harassment she witnessed firsthand, while examining the strides women have taken to put an end to workplace sexual harassment. Witnessing a significant turn of events after the Harvey Weinstein event in October 2017, Ms. Dornatt breathes hope into ending workplace sexual harassment, and calls upon men to join women in ensuring it stops.

Employment Status Of Uber And Lyft Drivers: Unsettlingly Settled, Jillian Kaltner

UC Law SF Journal on Gender and Justice

Uber and Lyft drivers are part of a vast pool of workers in the new economy who exist in the legal grey area between independent contractors and employees. Because these workers are currently classified as independent contractors, they are without the protections and benefits that are guaranteed to employees by law. This note delineates the work risks facing Uber and Lyft drivers and various approaches scholars have used to attempt to address their employment status. It analyzes the driver’s employment status using the widely accepted Economic Realities test, and discusses the roadblocks these workers will likely face on the road …