Gender and Sexuality Commons^™

Doux Commerce, Religion, And The Limits Of Antidiscrimination Law, Nathan B. Oman

Indiana Law Journal

This Article addresses the question of law, religion, and the market directly. It does so by developing three theories of how one might conceptualize the proper relationship between commerce and religion. The first two theories I offer are not meant to be summaries of any position explicitly articulated by any particular thinker. There is a paucity of explicit reflection on the question of markets and reli-gion and virtually no effort to generate broad legal theories of that relationship. Rather, these theories are an attempt to explicitly articulate clusters of intuitions that seem to travel together. My hope is to show …

An Unreasonable Application Of A Reasonable Standard: Title Vii And Sexual Orientation Retaliation, Jorden Colalella

Indiana Journal of Law and Social Equality

No abstract provided.

Rebuilding The Closet: Bowers V. Hardwick, Lawrence V. Texas, And The Mismeasure Of Homosexual Historiography, Jody L. Madeira

Articles by Maurer Faculty

In an effort to engage in such specification, this paper will first address the mischaracterization of history in Bowers, which portrays the historic legal and ecclesiastical penalties of what the Court labels as "homosexual activities" as a continuous, unitary narrative extending from the halls of the Emperors Theodosius and Justinian to the legislative assembly rooms of Georgia and Texas. This illusory perspective portrays the criminalization of sodomy (and therefore the identity of homosexuality itself) as an impossible cultural continuum. The impossibility of this continuum lies not only in its implicit assumption that states and other lawmaking entities throughout history shared …

A Feminist Theory Of Malebashing, Susan H. Williams, David C. Williams

Articles by Maurer Faculty

No abstract provided.

The Conflicts Between Female Inmates' Needs And Prisoners' Goals, Aline L. Mohr

IUSTITIA

A comparison of the purposes behind the existence of male and female institutions reveals that several common goals exist: custody, deterrence, and rehabilitation. An examination of these goals of women's prisons can be best understood in the context of whom they are aimed to serve. If the goals are to serve society alone, then the custody of female offenders is undoubtedly viewed as an accomplished goal, since society is protected and secure from the infliction of criminal acts by these female offenders. However, if the goals are directed at the inmates as well, deterrence of further criminal activity and rehabilitation …

Sexism In Special Education, Patricia H. Gillespie, Albert H. Fink

IUSTITIA

The educational establishment is now reflecting the concerns of womanhood. Grudgingly, and even painfully, it seems to some, the large and complicated system of formal education acknowledges the existence of practices which are sexist both in conception and operation. At one level this sexism is directed, at many levels of awareness, toward the functionaries of the system. The economic oppression of teachers, who are mostly female, is an obvious expression of the phenomenon. Another benchmark is the limited career development opportunities available to women as educational managers and academics.

At yet another level, not the less dangerous for being more …

Present Status Of Women In Professional Athletics, Debra Gaber

IUSTITIA

The life of a female professional athlete in many ways seems undesirable. Attitudinal pressures and societal demands coupled with the rigors of competitive sport make a female pro's life draining, if not oppressive. On the outside there may appear a gleam of happiness as a photographer catches a pro in action during her moment of glory. Magazine articles assume by inference that being "number one" is glamorous and highly desirable. It does mark a tremendous achievement in an athlete's life, but for a female athlete, "getting there" is almost a nightmare. No female professional is without some battle scars.

Our …

Responses, Margaret Shaffer, Marilyn C. Zilli, Linda Lanam, Karen Cutwright, Sharon Wildey

IUSTITIA

Editor and author comments on articles from this issue.

Stranger In Our Midst: The Working Class Woman, Yvonne Van Der Klip Stam

IUSTITIA

Although some of the concrete goals of women's liberation such as adequate available day care for children are important to women of both the blue collar and middle classes, the philosophy expressed by the movement is not calculated to attract the working class woman. Two incomes may be increasingly necessary to the middle class family, and an increasing number of middle class women are now supporting their children alone, but the movement speaks of freeing women fiom child care to pursue a career, an idea which does not speak to a blue collar woman concerned with getting a job to …

Feminism And The Legalization Of Prostitution: How Far Down The River?, Marilyn C. Zilli

IUSTITIA

One of the most telling issues on the state of the women's movement today is that of the legalization of prostitution. It would be inappropriate to say that the issue has caused a breach in the ranks: the term is inapplicable to a movement which has never claimed coherency and which has, in fact, consistently demonstrated an inability to reconcile the views of its various factions. The prostitution issue is important, rather, precisely because it underscores these differences of analysis and tactics which have appeared in other areas and the splits between white middle class liberal women, radical feminists, marxist …

The Beginning Of The Women's Movement In Fitchburg, Massachusetts, 1962, James Wade

IUSTITIA

No abstract provided.