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Law and Gender

2011

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Articles 1 - 27 of 27

Full-Text Articles in Social and Behavioral Sciences

Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr Oct 2011

Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr

Bernard Sama

The month July of 2011 marked the birth of another nation in the World. The distressful journey of a minority people under the watchful eyes of the international community finally paid off with a new nation called the South Sudan . As I watched the South Sudanese celebrate independence on 9 July 2011, I was filled with joy as though they have finally landed. On a promising note, I read the UN Secretary General Ban Ki-moon saying “[t]ogether, we welcome the Republic of South Sudan to the community of nations. Together, we affirm our commitment to helping it meet its …


Maine's Women Offenders: What Do We Know?, Erica King Msw, Jillian Foley Mppm, Mark Rubin Oct 2011

Maine's Women Offenders: What Do We Know?, Erica King Msw, Jillian Foley Mppm, Mark Rubin

Justice Policy

Although Maine has one of the lowest incarceration rates of any state for both men and women, between 1999 and 2004 the state experienced an increase of 114 percent in incarceration of women, the largest increase in the nation. This study provides a descriptive analysis of the characteristics of women entering Maine's probation system in 2004, 2005 and 2006, and examines the factors contributing to recidivism, defined as an arrest for a new crime (misdemeanor or felony) while under probation supervision. The study finds that recidivism rates of Maine's women offenders vary considerably by county and by offense type. The …


Holding My Breath: The Experience Of Being Sikh After 9/11, Muninder Kaur Ahluwalia Sep 2011

Holding My Breath: The Experience Of Being Sikh After 9/11, Muninder Kaur Ahluwalia

Department of Counseling Scholarship and Creative Works

This article is based on the author’s experiences after the 9/11 terrorist attacks in New York City and the impact of the attacks on her life as a New Yorker, an academic, and a member of a Sikh family and community. To position the author’s narrative, her reflection integrates race-based traumatic stress (Carter, 2007), a model suggesting that individuals who are targets of racism experience harm or injury. The author outlines lessons learned that affect her both personally and professionally, including (a) Paralysis can happen but advocacy and allies are healing, (b) Trauma changes the work, and (c) …


Mothering As A Life Course Transition: Do Women Go Straight For Their Children?, Venezia Michalsen Aug 2011

Mothering As A Life Course Transition: Do Women Go Straight For Their Children?, Venezia Michalsen

Department of Justice Studies Faculty Scholarship and Creative Works

In this study, qualitative, in-depth interviews were conducted with 100 formerly incarcerated mothers to explore the relationship between attachment to children and desistance from criminal behavior. Exploratory data analysis revealed that mothers do believe that children play important roles in their desistance, consistent with the tenets of life course theory. However, children were also described as sources of great stress, which may in turn promote criminal behavior. Women also related desistance to reliance on self and a higher power, and to a desire to avoid future involvement with the criminal justice system. The article concludes with a call for more …


Legal Experiences Of Women Survivors Of Domestic Violence: A Need For Policies That Address The Justice Gap, Kimberly Ann Puhala Jun 2011

Legal Experiences Of Women Survivors Of Domestic Violence: A Need For Policies That Address The Justice Gap, Kimberly Ann Puhala

Graduate Doctoral Dissertations

The problems associated with the civil legal system for women who have experienced domestic violence have been persistent over time and still exist today. The current sociopolitical context in this state frames access to civil legal services either through a means-tested (and underfunded) program (Civil Legal Assistance) or as a privately purchased market service. This leaves a limited amount of low- or no-cost alternatives, which creates a gap in services for those women whose income is too high to qualify for Civil Legal Assistance programs, yet too low to afford to hire a private attorney. This study examines this two-tiered …


Determinants Of Domestic Minor Sex Trafficking And The Urgent Need For A Global Cultural Shift, Karen M. Hoover Apr 2011

Determinants Of Domestic Minor Sex Trafficking And The Urgent Need For A Global Cultural Shift, Karen M. Hoover

Senior Honors Theses

In the United States, an overtly selfish and sexual culture contributes to the spread of human trafficking, thereby requiring a complete culture shift in order to diminish this modern day slavery initiated by the aberrant culture. Sex trafficking of minors in the United States encompasses a variety of factors that facilitate the bondage and brutal enslavement of American children. These children are bought and sold hundreds of times, with no regard for their personal well-being. Major factors such as demand, vulnerability, and America’s induced culture of sex serve to increase the environment that trap children and youth in commercial sexual …


Work, Caregiving, And Masculinities, Ann C. Mcginley Apr 2011

Work, Caregiving, And Masculinities, Ann C. Mcginley

Scholarly Works

In her book Reshaping the Work-Family Debate, Joan Williams demonstrates the vulnerability of parent workers in working class America. In Chapter 2, "One Sick Child Away from Being Fired," she examines the records of ninety-nine union arbitrations to analyze the problems of working class parents who struggle to juggle their working and parenting responsibilities. Because this chapter is a tour de force in an overall excellent book, and because it suggests an area that Professor McGinley's research has focused on over the past number of years, in this Essay, Professor McGinley limits her discussion almost exclusively to this chapter. …


Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas Mar 2011

Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas

Akron Law Faculty Publications

In the mid-nineteenth century, Elizabeth Cady Stanton used narratives of women and their involvement with the law of domestic relations to collectivize women. This recognition of a gender class was the first step towards women’s transformation of the law. Stanton’s stories of working-class women, immigrants, Mormon polygamist wives, and privileged white women revealed common realities among women in an effort to form a collective conscious. The parable-like stories were designed to inspire a collective consciousness among women, one capable of arousing them to social and political action. For to Stanton’s consternation, women showed a lack of appreciation of their own …


Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas Mar 2011

Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas

Tracy A. Thomas

In the mid-nineteenth century, Elizabeth Cady Stanton used narratives of women and their involvement with the law of domestic relations to collectivize women. This recognition of a gender class was the first step towards women’s transformation of the law. Stanton’s stories of working-class women, immigrants, Mormon polygamist wives, and privileged white women revealed common realities among women in an effort to form a collective conscious. The parable-like stories were designed to inspire a collective consciousness among women, one capable of arousing them to social and political action. For to Stanton’s consternation, women showed a lack of appreciation of their own …


"Eighteen Million Cracks": Gender's Role In The 2008 Presidential Campaign, Gregory S. Parks, Quinette M. Roberson Feb 2011

"Eighteen Million Cracks": Gender's Role In The 2008 Presidential Campaign, Gregory S. Parks, Quinette M. Roberson

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

In light of the 2008 presidential campaign, Gregory S. Parks
and Jeffrey J. Rachlinski wrote an extensive analysis, titled A Better
Metric, likening the campaign to an interview process and hiring
decision for a high-ranking job. Though unpublished, their work
spawned a number of published articles, book chapters, and a book
on the role of unconscious race and gender bias in the evaluations of
President Barack Obama, First Lady Michelle Obama, and Secretary
of State Hillary Clinton. In light of the analogy between voting and
hiring decisions, this article argues that questions about sexism and
gender bias along the campaign …


Sport And Masculinity: The Promise And Limits Of Title Ix, Deborah Brake Jan 2011

Sport And Masculinity: The Promise And Limits Of Title Ix, Deborah Brake

Book Chapters

This paper uses the lens of masculinities theory to examine the connections between sport and masculinity and considers how law both reinforces and intervenes in sport’s production of masculinity. The paper urges moving beyond a "women vs. men" framework for examining gender equality in sport to include critical study of sport’s relationship to masculinities. The primary law examined in this chapter is Title IX of the Education Amendments in 1972, which is widely (and properly) credited with the explosive growth of women’s sports in the intervening decades. While Title IX has greatly expanded the range of culturally valued femininities for …


Dismembering Families, Anthony C. Infanti Jan 2011

Dismembering Families, Anthony C. Infanti

Book Chapters

In this paper, I explore how the deduction for extraordinary medical expenses, codified in I.R.C. section 213, furthers domination in American society. On its face, section 213 probably does not seem a likely candidate for being tagged as furthering domination. After all, this provision aims to alleviate extraordinary financial burdens on taxpayers who already suffer from significant medical problems -- and who, by definition, lack the help of insurance to relieve those burdens. But, as laudable as this goal might be, careful attention to the text and context of section 213 reveals that it does not apply to all taxpayers …


Purposeful Engagement Of First-Year Division I Student-Athletes, Keith Harrison Jan 2011

Purposeful Engagement Of First-Year Division I Student-Athletes, Keith Harrison

Dr. C. Keith Harrison

This study examined the extent to which transitioning, first-year student-athletes engage in educationally sound activities in college. The sample included 147 revenue and nonrevenue first-year student-athletes who were surveyed at four large Division 1-A universities. Findings revealed that revenue and nonrevenue first-year student athletes differed regarding their academic and athletic identities. Transitioning revenue student-athletes rated themselves as having slightly higher athletic identities, yet lower academic identities compared to their nonrevenue counterparts. The findings from this study also indicated that the kinds of effective educational practices that first-year student-athletes engage in have a positive influence on their academic self-concept. These findings …


Law In High Heels: Performativity, Alterity, And Aesthetics, Monica Lopez Lerma Jan 2011

Law In High Heels: Performativity, Alterity, And Aesthetics, Monica Lopez Lerma

Monica Lopez Lerma

Pedro Almodovar's High Heels (the original Spanish title, Tacones Lejanos, literally means "distant heels") is a 1991 postmodern film that celebrates performance, fluidity, and fragmentation as ways of being in and understanding the world. In a generic combination of melodrama, comedy, musical, and film noir, High Heels tells the story of a turbulent mother-daughter relationship, and a judge's criminal investigation following the murder of the daughter's husband (who also happens to be the mother's former lover). In recent years, Almodovar's film has received the attention of Orit Kamir, a law-and-film feminist scholar who opens up a refreshing line of inquiry. …


Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson Jan 2011

Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This Article analyzes the development and dissemination of environmentally sound technologies that can address climate change. Climate change poses catastrophic health and security risks on a global scale. Universities, individual innovators, private firms, civil society, governments, and the United Nations can unite in the common goal to address climate change. This Article recommends means by which legal, scientific, engineering, and a host of other public and private actors can bring environmentally sound innovation into widespread use to achieve sustainable development. In particular, universities can facilitate this collaboration by fostering global innovation and diffusion networks.


Cancun Climate Negotiations, Prof. Elizabeth Burleson Jan 2011

Cancun Climate Negotiations, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

The United Nations Climate Change Conference, held from November 29 to December 11, 2010, in Cancún, Mexico, relaunched the United Nation's multilateral facilitation role.


Tribes As Essential Partners In Achieving Sustainable Governance, Prof. Elizabeth Burleson Jan 2011

Tribes As Essential Partners In Achieving Sustainable Governance, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Indigenous peoples have modeled sustainable development around the world. Incentivizing the innovation and instillation of wind, solar, and other renewable energy sources can come in the form of public funding, including renewable portfolio standards, feed in tariffs and green tag programs. This article analyzes ways in which tribal communities are helping to expand cooperative good governance.


An Analysis Of The History And Hardship Experienced By Girls In The Las Vegas Juvenile Justice System, Ana Zuniga Jan 2011

An Analysis Of The History And Hardship Experienced By Girls In The Las Vegas Juvenile Justice System, Ana Zuniga

McNair Poster Presentations

Previous research has defined several factors as predictors to juvenile delinquency. Characteristics among the youth involved in criminal behavior include various home placements, running away, mental health problems, physical and sexual abuse, delinquency history, and family members with a delinquent background. These factors were analyzed in the current to observe whether the predictors were relevant to girls detained in the Las Vgeas juvenile justice system. While observing the data in this study, it appeared that predictors described in previous research were in fact present among this population. However, Further research should take an in depth look at these factors in …


The Limits Of Constructivism: Can Rawls Condemn Female Genital Mutilation?, Andrew Koppelman Jan 2011

The Limits Of Constructivism: Can Rawls Condemn Female Genital Mutilation?, Andrew Koppelman

Faculty Working Papers

The strategy for coping with value pluralism that Rawls has proposed is to permit political decisions, at least with respect to basic rights, to depend only on those goods that can be inferred from the bare requirements of respectful relations between persons. His account offers such a parsimonious conception of the good that it cannot cognize some atrocities. I focus on one extreme human rights case: the practice of female genital mutilation (FGM), which, it is well established, violates basic human rights. Doubtless Rawls was appalled by the practice. Yet his theory cannot generate a basis for condemning it. A …


Women In Afghanistan: A Human Rights Tragedy Ten Years After 9/11, Hayat Alvi Jan 2011

Women In Afghanistan: A Human Rights Tragedy Ten Years After 9/11, Hayat Alvi

Human Rights & Human Welfare

Ten years after the September 11th attacks in the United States and the military campaign in Afghanistan, there is some good news, but unfortunately still much bad news pertaining to women in Afghanistan. The patterns of politics, security/military operations, religious fanaticism, heavily patriarchal structures and practices, and ongoing insurgent violence continue to threaten girls and women in the most insidious ways. Although women’s rights and freedoms in Afghanistan have finally entered the radar screen of the international community’s consciousness, they still linger in the margins in many respects.

Socio-cultural and extremist religious elements continue to pose serious obstacles to reconstruction …


Gender Inequality In The Law: Deficiencies Of Battered Woman Syndrome And A New Solution To Closing The Gender Gap In Self-Defense Law, Meredith C. Doyle Jan 2011

Gender Inequality In The Law: Deficiencies Of Battered Woman Syndrome And A New Solution To Closing The Gender Gap In Self-Defense Law, Meredith C. Doyle

CMC Senior Theses

Dr. Lenore Walker developed battered woman syndrome to address the issue of domestic violence and to give battered women a defense in situations in which they kill their abusive partners when they are not overtly threatening them. Self-defense law is based on male on male combat. Women are less able to protect themselves in an attack by a man, and so they may preemptively attack their sleeping partners to avoid a situation in which they cannot adequately protect themselves. Battered woman syndrome explains why these battered women act in a way that is irrational to a non-battered person. Walker's theory …


Supply Side Or Discrimination? Assessing The Role Of Unconscious Bias, Amy L. Wax Jan 2011

Supply Side Or Discrimination? Assessing The Role Of Unconscious Bias, Amy L. Wax

All Faculty Scholarship

No abstract provided.


Examining Gender Stereotypes In New Work/Family Reconciliation Policies: The Creation Of A New Paradigm For Egalitarian Legislation, Rangita De Silva De Alwis Jan 2011

Examining Gender Stereotypes In New Work/Family Reconciliation Policies: The Creation Of A New Paradigm For Egalitarian Legislation, Rangita De Silva De Alwis

All Faculty Scholarship

No abstract provided.


Judges' Gender And Employment Discrimination Cases: Emerging Evidence-Based Empirical Conclusions, Pat K. Chew Jan 2011

Judges' Gender And Employment Discrimination Cases: Emerging Evidence-Based Empirical Conclusions, Pat K. Chew

Articles

This article surveys the emerging empirical research on the relationship between the judges' gender and the results in employment discrimination cases.


Inequitable Administration: Documenting Family For Tax Purposes, Anthony C. Infanti Jan 2011

Inequitable Administration: Documenting Family For Tax Purposes, Anthony C. Infanti

Articles

Family can bring us joy, and it can bring us grief. It can also bring us tax benefits and tax detriments. Often, as a means of ensuring compliance with Internal Revenue Code provisions that turn on a family relationship, taxpayers are required to document their relationship with a family member. Most visibly, taxpayers are denied an additional personal exemption for a child or other dependent unless they furnish the individual’s name, Social Security number, and relationship to the taxpayer.

In this article, I undertake the first systematic examination of these documentation requirements. Given the privileging of the “traditional” family throughout …


White College Students' Explanations Of White (And Black) Athletic Performance: A Qualitative Investigation Of White College Students, Harrison Dec 2010

White College Students' Explanations Of White (And Black) Athletic Performance: A Qualitative Investigation Of White College Students, Harrison

Dr. C. Keith Harrison

No abstract provided.


A Conceptual Model Of Academic Success For Student-Athletes, Keith Harrison Dec 2010

A Conceptual Model Of Academic Success For Student-Athletes, Keith Harrison

Dr. C. Keith Harrison

Concern over the academic talent development of Division I student–athletes has led to increased research to explain variations in their academic performance. Although a substantial amount of attention has been given to the relationship between student–athletes and their levels of academic success, there remain critical theoretical and analytical gaps. The purpose of this article is to develop a conceptual model to understand and explain the cumulative processes and characteristics—as a whole and in stages—that influence academic success for Division I student–athletes. Research on student–athletes and academic success is reviewed and synthesized to provide a rationale for the basic elements of …