Law and Gender Commons^™

Smith And Women's Equality, Leslie C. Griffin

Scholarly Works

No abstract provided.

Will We Finally See Courtroom Debate?, Arthur S. Leonard

Other Publications

No abstract provided.

Deliverable Male, Katharine B. Silbaugh

Faculty Scholarship

Williams pays particular attention to the way men negotiate a masculine self-image that sits uneasily with the reality of family care. How should this tension be managed? Williams favors some form of preserving masculine self-image by reframing the subject to one of worker empowerment rather than family care. This strategy aims at political efficacy and coalition building. Asking men to imitate women’s successes, it might be argued, is interesting but too threatening to be attractive. This Essay nonetheless leans in that direction.

This Essay will first look at the evidence for the decline in men’s status. Williams investigates the evidence …

Feminism, Power, And Sex Work In The Context Of Hiv/Aids: Consequences For Women's Health, Aziza Ahmed

Faculty Scholarship

This paper examines the involvement of feminists in approaches to sex work in the context of HIV/AIDS. The paper focuses on two moments where feminist disagreement produced results in favor of an "anti-trafficking" approach to addressing the vulnerability of sex workers in the context of HIV. The first is the UNAIDS Guidance Note on Sex Work and the second is the "anti-prostitution pledge" found in the Presidents Emergency Plan for AIDS Relief. This article also examines the anti-sex work position articulated by abolitionist feminists and demonstrates the unintended consequences of the abolitionist position on women's health. By examining the actual …

Feminism And Feminist Scholarship Today, Amrita Basu

Journal of Feminist Scholarship

No abstract provided.

Feminism And Feminist Scholarship Today, Jennifer Baumgardner, Amy Richards

Journal of Feminist Scholarship

No abstract provided.

Feminism And Feminist Scholarship Today, Rachel Blau Duplessis

Journal of Feminist Scholarship

No abstract provided.

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

Journal of Feminist Scholarship

No abstract provided.

Feminism And Feminist Scholarship Today, Agnieszka Graff

Journal of Feminist Scholarship

No abstract provided.

Feminism And Feminist Scholarship Today, Joy A. James

Journal of Feminist Scholarship

No abstract provided.

Feminism And Feminist Scholarship Today, Michael Kimmel

Journal of Feminist Scholarship

No abstract provided.

Feminism And Feminist Scholarship Today, Elizabeth Grosz

Journal of Feminist Scholarship

No abstract provided.

Feminism And Feminist Scholarship Today, Toril Moi

Journal of Feminist Scholarship

No abstract provided.

Healthism And The Bodies Of Women: Pleasure And Discipline In The War Against Obesity, Talia L. Welsh

Journal of Feminist Scholarship

This paper explores how the discipline required for good health influences female embodiment. It examines the justification in the United States for a war against obesity and the criticism of that war made by Health at Every Size (HAES) proponents. It finds that a "good-health imperative" operates within both the fight against obesity and the size-acceptance movement. I question how such an imperative curtails the range of possibilities for pleasure. The self-monitoring required in eating and exercising for health demands a constant reading of one's behavior as good/healthy or bad/unhealthy. In addition, attention to health achieved through behavior modification draws …

New Age Fairy Tales: The Abject Female Hero In El Laberinto Del Fauno And La Rebelión De Los Conejos Mágicos, Patricia Lapolla Swier

Journal of Feminist Scholarship

In totalitarian regimes, the Other is marginalized, prosecuted, and often eliminated from the national spectrum. While Spain is just beginning to confront the violations of the post-Civil War era, the nations of the Latin American Southern Cone have continued to struggle with the trauma and memory related to the violence perpetrated by the dictatorship. Through a psychoanalytic reading based on Julia Kristeva's theories of the abject and Joseph Campbell's investigations of myth within the hero's journey, I show how the young female heroes of El laberinto del fauno (Pan's Labyrinth) and La rebelión de los conejos mágicos (The Rabbits' Rebellion) …

The Rise And Fall Of Western Homohysteria, Eric Anderson

Journal of Feminist Scholarship

In this essay, I draw upon my pro-feminist background to describe the formulation of the concept of homohysteria and explain its heuristic utility in conceptualizing historical shifts in heterosexual men's gendered regimes. I suggest that in times of high homohysteria, heterosexual men are compelled to align their identities and behaviors with orthodox (hypermasculine) notions of men's masculinity. This is in order to avoid homosexualization. Conversely, heterosexual men retain considerably more gendered freedom in times of low or no homohysteria. I describe this as a cultural process related to homophobia and define the term homohysteria as men's fear of being homosexualized, …

Feminist Debate In Taiwan's Buddhism: The Issue Of The Eight Garudhammas, Chiung Hwang Chen

Journal of Feminist Scholarship

In 2001, during an academic conference on Humanistic Buddhism in Taipei, Venerable Shi Zhaohui, accompanied by a few Buddhist clergy and laypeople, tore apart a copy of the Eight Garudhammas (Eight Heavy Rules), regulations that govern the behavior of Buddhist nuns. Zhaohui's symbolic act created instant controversy as Taiwan's Buddhist community argued about the rules' authenticity and other issues within Buddhist monastic affairs. This paper examines the debate over the Eight Garudhammas and situates the debate within Taiwan's cultural terrain as well as the worldwide Buddhist feminist movement. I argue that while Zhaohui's call resulted in the abolishment of the …

Grappling With Gender: Exploring Masculinity And Gender In The Bodies, Performances, And Emotions Of Scholastic Wrestlers, Phyllis L. Baker, Douglas R. Hotek

Journal of Feminist Scholarship

We contribute to the sociology of sport and gender literature with an ethnographic analysis of scholastic wrestling by observing the current climate of masculinity and gender. Our results suggest that it is necessary to understand men and sporting behavior within a broader framework of gender, not just masculinity, because the behavior of high school wrestlers fell along a gender continuum between an orthodox masculinity and femininity. Our exploration of the body, performance, and emotion practices of scholastic wrestlers gives credence to the current critiques of a hegemonic masculinity in men's sports. We show that gender is not dichotomous and that …

Mancession Or Momcession? Good Providers, A Bad Economy, And Gender Discrimination, Allison Anna Tait

Law Faculty Publications

Against this backdrop of precarious and disappearing work, two new elements became important: who was out of work, and how those still employed were navigating bad jobs. These questions laid the foundation for a flood of stories concerning unemployment and bad employment. Unsurprisingly, gender played a leading role in the debates. This article will discuss these two concerns--employment and workplace discrimination-as they intersect with gender and gender stereotypes.

Comments: Needlessly Fighting An Uphill Battle: Extensive Estate Planning Complications Faced By Gay And Lesbian Individuals, Including Drastic Resort To Adult Adoption Of Same-Sex Partners, Necessitate Revision Of Maryland's Intestacy Law To Provide Heir-At-Law Status For Domestic Partners, Madeleine N. Foltz

University of Baltimore Law Review

No abstract provided.

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 17, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

"Until Death (Or Sex Change) Do Us Part": Advocating For Adoption Of The European Legal Approach To Validating Marriages Involving Post-Operative Transsexuals, Erin Bender

Cardozo Journal of Equal Rights & Social Justice

The article advocates for the adoption of the European legal approach to validating marriages involving post-operative transsexuals, emphasizing privacy rights and the fundamental right to marry, rather than the outdated U.S. approach that focuses on biological criteria such as chromosomes and birth sex. It argues that the current U.S. framework unduly restricts the rights of post-operative transsexuals and fails to align with modern societal views on marriage, which prioritize companionship and privacy over procreation.

Ratifying Cedaw: Is The United States Falling Behind On Women's Rights? , Jessica Sanchez

Public Interest Law Reporter

No abstract provided.

Green Jackets In Men's Sizes Only: Gender Discrimination At Private Country Clubs, Thaddeus M. Lenkiewicz

Vanderbilt Journal of Transnational Law

On November 3, 2009, the Supreme Court of Ireland held that the Portmarnock Golf Club could maintain its rule prohibiting female membership free from the sanctions of Ireland's antidiscrimination laws. Portmarnock is representative of the numerous private golf clubs that continue to promote discrimination against women. Despite significant advances in gender equality, private country clubs in the United States, the United Kingdom, and Ireland remain bastions of codified gender discrimination. Many of the most prominent golf clubs hold firmly to discriminatory policies established generations ago. Opposition to these policies has come in various forms of protest and litigation, with mixed …

Toward More Parsimony And Transparency In "The Essentials Of Marriage", Anita Bernstein

Faculty Scholarship

No abstract provided.

Not Of Woman Born: A Scientific Fantasy, Jennifer S. Hendricks

Publications

This Article explores the legal implications of a scientific fantasy: building artificial wombs that could gestate a human child from conception to birth. Because claims about the technological possibility of artificial wombs in the foreseeable future are likely overstated, the focus of the Article is the effect that the fantasy of artificial gestation has on the legal discourse about pregnancy and reproduction today.

The Article first places the fantasy of artificial gestation in the context of theories about reproduction that western science has propounded. The history of scientific theorizing about reproduction is a history of scientists emphasizing the male contribution …

Repair Versus Rejuvenation: The Condition Of Vaginas As A Proxy For The Societal Status Of Women, Patricia A. Broussard

Journal Publications

No abstract provided.

First, Do No Harm: Response To “If You Prick Me”, Patricia A. Broussard

Journal Publications

Brianna Lennon makes several cogent and persuasive arguments about Female Genital Mutilation (“FGM”) in her recently published Student Note entitled, If You Prick Me: The American Academy of Pediatrics’ Female Genital Cutting Policy Turnabout. She successfully articulates why she believes that by prohibiting FGM, opponents are in effect reinforcing it as a tie to the former culture or country. However, although Ms. Lennon makes some sound points, she overlooks and thereby, fails to answer the most obvious question which is, who owns a woman’s body? If one reaches the conclusion that a woman owns her body, then the logical extension …

Reshaping The Narrative Debate, Nancy Levit

Faculty Works

In Reshaping the Work-Family Debate: Why Men and Class Matter, Joan Williams sets out to alter the terms of the public discussion about working, caregiving, and work-family conflicts. In doing so, Williams also reframes part of the conversation about the use of narratives in legal analysis and policy-making.

This essay describes the debate about narrative or storytelling in the legal academy. Two decades ago, a pitched jurisprudential battle surfaced in the pages of law reviews about the value of storytelling as legal scholarship. Since that time, narrative has sifted into academic texts: people are telling stories all over the place. …