Law and Gender Commons^™

Perfecting Procreation, Courtney Cahill

Scholarly Publications

No abstract provided.

Pornography And Gender Inequality—Using Copyright Law As A Step Forward, Kayla Louis

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Next Forty Presidents, Ori Aronson

William & Mary Journal of Race, Gender, and Social Justice

A thought experiment in feminist constitutionalism, this Article explores a radical argument: allow only women to be elected as the next forty U.S. presidents. While on its face blatantly discriminatory, the forty female presidents rule turns out to be a robustly justifiable idea, along multiple axes of political fairness, and not to women alone—rather to the electorate as a whole. Due to several of its unique characteristics, the presidency turns out to be particularly fitting to innovation that would correct past injustices of political exclusion. Corrective justice, affirmative action, feminist critique, voter autonomy, and the democratic costs of identity politics …

Bringing Up Baby Under The Fmla: How The Federal Unpaid Maternity Leave System In The United States Will Not Carry To Term, Samantha Jean Quan Forsyth

William & Mary Journal of Race, Gender, and Social Justice

This Note will examine current maternity leave laws both within the United States and internationally, and argues that there are major issues with the existing federal law in the United States that render such legislation ineffective. This Note will further argue that because paid maternity leave remains almost exclusively as a benefit employers can choose to provide, the federal government should not only adopt a paid maternity leave program, but also ensure that it is broader and more encompassing than current legislation.

Sex, Drugs, Trump And Birth Control, Desire’E Martinelli

William & Mary Journal of Race, Gender, and Social Justice

This Article explores both medical and legal reasons as to why OTC access to contraception is needed and justified. It also applies current changes in the government and discusses how the repeal of the Affordable Care Act (ACA) could substantially affect birth control. Alternative and traditional options are presented and analyzed to determine their viability.

Little Sisters’ Sorrow: Conversations About Contraception And Reproductive Justice, Katrina Roze Myers

William & Mary Journal of Race, Gender, and Social Justice

In light of recent political changes in the United States, the future of women’s health care has never been so uncertain. Using the debate on contraception access in the United States to frame the discussion, I demonstrate how religious groups and reproductive justice (RJ) activists might engage in constructive dialogue to protect women’s rights. I analyze the amicus briefs submitted on behalf of Catholic nuns and the government in Zubik v. Burwell, which illustrate that despite differences, RJ advocates and Catholic nuns have much in common—including a commitment to eradicate sex discrimination, ensure economic freedom, and protect women’s health. I …

Sb 104 - Carjacking, Fentanyl And "Upskirting", Katherine H. Krouse, Lauren R. Light

Georgia State University Law Review

The Act includes various amendments to Georgia’s criminal code. Three changes are most notable. First, the Act designates the offense of hijacking a motor vehicle as hijacking a motor vehicle in the first degree and creates the offense of hijacking a motor vehicle in the second degree. Second, the Act criminalizes the use of a device to film underneath or through an individual’s clothing. Lastly, the Act adds the drug Fentanyl and its various analogs to the list of controlled substances.

Old Issues New Perspectives, Ronald Griffin

Faculty Books and Book Contributions

The book commences with Ronald C. Griffin‟s essay Ghost Town: The Death of Marriage, the Birth of Cohabitation, and the Emergence of the Single Woman. In his essay he revisits the history of marriage, the economics of marriage, the rise and demise of childhood, the emergence of new couplings and the social traumas that come with them.

Section 704(B)(2) - The Back Door Into Chapter 7 For The Above-Median Debtor, Laura B. Bartell

Law Faculty Research Publications

No abstract provided.

Sexual Privacy, Danielle Keats Citron

Faculty Scholarship

Those who wish to control and expose the identities of women and people from marginalized communities routinely do so by invading their privacy. People are secretly recorded in bedrooms and public bathrooms, and “up their skirts.” They are coerced into sharing nude photographs and filming sex acts under the threat of public disclosure of their nude images. People’s nude images are posted online without permission. Machine-learning technology is used to create digitally manipulated “deep fake” sex videos that swap people’s faces into pornography.

At the heart of these abuses is an invasion of sexual privacy—the behaviors and expectations that manage …

Privacy Of Information And Dna Testing Kits, Shanna Raye Mason

Catholic University Journal of Law and Technology

In modern times, consumers desire for more control over their own health and healthcare. With this growing interest of control, direct to consumer DNA testing kits have never been more popular. However, many consumers are unaware of the potential privacy concerns associated with such use. This comment examines the popularity and privacy risks that are likely unknown to the individual consumer. This comment also addresses the shortcomings of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as well as the Genetic Information Nondiscrimination Act of 2008 (GINA) in regard to protecting individual’s genetic information from misuse. This comment …

After Sex, Courtney Megan Cahill

Scholarly Publications

No abstract provided.

Emancipating The Passive Muse: A Call For A Feminist Approach To Writing Biographies On Historical Women, Ina C. Seethaler

Journal of Feminist Scholarship

This essay analyzes two popular biographies on historical women to interrogate how a focus on gender has shaped the genre: Nancy Ruben Stuart’s The Muse of the Revolution: The Secret Pen of Mercy Otis Warren and the Founding of a Nation (2008) and Jung Chang’s Empress Dowager Cixi: The Concubine Who Launched Modern China (2013). I argue that biographers who perpetuate gender stereotypes miss a momentous opportunity during the current life writing boom in the United States to educate readers on women’s social, cultural, and political contributions worldwide. In proposing that feminist-informed biographies are more accurate, complete, and make social …

"We Aren't All The Same": The Singularity Of Reproductive Experiences Amidst Institutional Objectification In Argentina's Public Maternal Health Services, Sabrina S. Yañez

Journal of Feminist Scholarship

Reproductive health services in Argentina are organized in ways that depersonalize, standardize, and fragment women’s bodies and lives. Alternatively, women’s accounts of their pregnancy, birth, and postpartum experiences reveal many nuances and moments of dislocation between experience and language: their immersion in social and material conditions; traces of ambivalence and contradiction; moves between continuity and fragmentation; density of lived time and space; and profound corporeal awareness. Guided by the methodological and conceptual premises of institutional ethnography, this article is a critical effort to explore experiential narratives as a means for apprehending what women perceive, need, and want during their reproductive …

Against Women’S Sports, Nancy Leong

Sturm College of Law: Faculty Scholarship

This Article challenges the longstanding assumption that sports should be segregated by sex. Imposing sex segregation on sports is problematic for many reasons. It reflects and reinforces a long-disproven binary view of both sex and gender. It communicates that women are physically unable to compete against men, even though research indicates considerable variation among individual athletes and different sports, and further reveals that attributes other than sex are more important determinants of athletic ability. It reinforces unfounded gender stereotypes that harm both women and men. And sex segregation uncritically prioritizes athletic activities involving strengths typically associated with male bodies, without …

Battleground Texas: Gendered Media Framing Of The 2014 Texas Gubernatorial Race, Susan E. Waters, Elizabeth A. Dudash-Buskirk, Rachel M. Pipan

Journal of Feminist Scholarship

Feminist political theory is a sprawling theoretical field that intertwines sociological and philosophical perspectives and applies them to the study of campaigns, policy, voting, and the general structure of what Americans call politics. In Western democratic republics, the concept of participation has been hotly debated, specifically with regard to voting. Applying the critical lens of an intersectional feminist perspective introduces questions about the participation of different genders, races, classes, and cultural groups in political action, voting, and running for office. Before equal representation can be attained (if that is, indeed, desirable), it is important to understand how our politics are …

Reclaiming The Streets: Investigating Female Experience Of Cinematic Urban Violence, Angelica De Vido

Journal of Feminist Scholarship

The spatial ideologies and narrative tropes of gendered victimhood, which are designed to induce fear and anxiety, are routinely employed to govern and restrict female access to and experience of urban spaces—both in cinematic depictions and in the real world. This paper explores how such tropes are challenged and rewritten in three screen narratives based in urban landscapes: London in Happy-Go- Lucky (2008), Paris in Amélie (2001), and New York in Sex and the City (1998–2004). Contrary to the ideologies of fear that routinely dominate urban narratives, I will argue that the texts under discussion instead display the city as …

Preparing Law Students In The Wake Of #Metoo, Paula A. Monopoli

Faculty Scholarship

No abstract provided.

Intimate Partner Violence & Men’S Professional Sports: Advancing The Ball, Chelsea Augelli, Tamara L. Kuennen

Sturm College of Law: Faculty Scholarship

This article examines how men'sprofessional sports leagues treat domestic violence committed by players. Over the past twenty years, but particularly over the last five, the public has criticized, and the media has shone a spotlight on, the big leagues' ignoring of the issue. Many call for parity between how the criminal justice system treats the issue of domestic violence and how the leagues should treat it, arguing for a zero-tolerance approach. This article applies lessons learned by feminist law and policy makers and legal scholars in the development of the larger justice system response to domestic violence to the nascent …

Teaching Feminist Research Methods: A Comment And An Evaluation, Shannon N. Davis, Angela Hattery

Journal of Feminist Scholarship

What are feminist research methods and how are they different from other, non-feminist research methods? This paper begins by interrogating the question of how research methods become labeled as feminist. Building on this knowledge, we detail how this investigation guided our implementation of a new feminist research methods course sequence in a Women and Gender Studies program. This article is not an evaluation of our course; it is a feminist exercise in self-reflection on the feminist processes that, when invoked, results in feminist teaching of any course. But in this case, it is a course that is not always identified …

From The Editors, Heather M. Turcotte, Anupama Arora, Anna M. Klobucka, Jeannette E. Riley

Journal of Feminist Scholarship

No abstract provided.

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

Marquette Sports Law Review

None

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

None