Law and Gender Commons^™

A Problem Of Competing Interests: A Detailed Look At Transgender Children In Schools, Corinne Cundiff

DePaul Journal of Women, Gender and the Law

Discrimination of transgender students is an area of the law that is rapidly developing. Unfortunately for schools trying to find guidance in the law, there are conflicts regarding how schools are to work with their transgender students when it comes to access to gender specific spaces, including bathrooms and locker rooms. There is currently a disagreement among federal agencies, the courts, and the legislature regarding the protection gender identity should receive in the law. The difference of opinion among the various branches of the government equates to problems for schools that are trying to navigate this area of the law. …

Understanding The Department Of Defense's Policy Regarding Transgender Servicemembers, A. Benjamin Spencer

Faculty Publications

In June 2016, the Secretary of Defense (SECDEF) issued Directive-type Memorandum (DTM) 16-005, "Military Service of Transgender Service Members." This DTM announced that, based on the premise that the "military should be open to all who can meet the rigorous standards for military service and readiness," "transgender individuals shall be allowed to serve in the military." The attachment to the memo declared that servicemembers could no longer be "involuntarily separated, discharged or denied reenlistment or continuation of service, solely on the basis of their gender identity." The core purpose of the new policy was to ensure that transgender persons would …

The Case For Trauma-Informed, Gender-Specific Prevention/Early Intervention Programming In Reducing Female Juvenile Delinquency In Florida, Joan Flocks, Emily Calvin, Simone Chriss, Marina Prado-Steiman

Northwestern Journal of Law & Social Policy

This article describes the statutory recognition of the need for prevention/early intervention juvenile services in Florida that are both trauma-informed and gender-specific. It examines how childhood trauma can impact at-risk children and the gendered aspects of such trauma. The article then describes the PACE Center for Girls, a Florida-based school, currently undergoing a comprehensive evaluation, which attempts to incorporate elements that fulfill statutory recommendations into its programming.

Trending @ Rwu Law: Deborah Gonzalez's Post: Why I Marched... 1-25-2017, Deborah Gonzalez

Law School Blogs

No abstract provided.

Immigration And Naturalization-Petition For Naturalization-Alien, A Veteran Who Served Honorably In The United States Armed Forces, And Whose Requirements For Citizenship Are Otherwise Eased, Cannot Be Denied Citizenship For Lack Of "Good Moral Character" Solely On The Basis Of His Homosexuality, Walter E. Leggett Jr

Georgia Journal of International & Comparative Law

No abstract provided.

Campus Misconduct, Sexual Harm And Appropriate Process: The Essential Sexuality Of It All, Katharine Baker

All Faculty Scholarship

No abstract provided.

Situating The Corporation Within The Vulnerability Paradigm: What Impact Does Corporate Personhood Have On Vulnerability, Dependency, And Resilience, Heather M. Kolinsky

Scholarly Articles

As a result of the U.S. Supreme Court’s 2014 case Burwell v. Hobby Lobby, and the seemingly expanding notion of the corporation as a person within the traditional autonomous rights paradigm, a tension has developed between corporation as subject and corporation as institution. This evolution of corporation as person also highlights the problem of providing resilience to vulnerable subjects whose competing vulnerabilities are situated in the same corporate environment. Addressing this issue is of critical importance where employment has become the conduit for the responsive state to provide resilience to so many subjects, as well as the site of …

The Divide "Public Airwaves Through Prison Walls" Presentation Program, Sally Brown

Promotion

Presentation program for "Public Airwaves Through Prison Walls" presentation in conjunction with the exhibit "The Divide" presented on Nov. 15, 2017 in the WVU Downtown Campus Library.

Mapping The Title Ix Iceberg: Sexual Harassment (Mostly) In Graduate School By College Faculty, Nancy Chi Cantalupo, William C. Kidder

Law Faculty Research Publications

No abstract provided.

Unduly Burdening Women’S Health: How Lower Courts Are Undermining Whole Woman’S Health V. Hellerstedt, Leah M. Litman

Michigan Law Review Online

At the end of the Supreme Court’s 2016 Term, the Court issued its decision in Whole Woman’s Health v. Hellerstedt. One of the more closely watched cases of that Term, Hellerstedt asked whether the Supreme Court would adhere to its prior decision in Planned Parenthood v. Casey, which reaffirmed that women have a constitutionally protected right to decide to end a pregnancy.

The state of Texas had not formally requested that the Court revisit Casey or the earlier decision Casey had affirmed, Roe v. Wade, in Hellerstedt. But that was what Texas was, in effect, asking …

Pernicious P-Values: Statistical Proof Of Not Very Much, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

Is The United States Judicial System Failing Transgender Women? A Critical Overview, Taylor J. House

Florida A & M University Law Review

This paper will discuss the rise of the transgender civil rights movement, the problems in the judicial system, and the rights that should be afforded to transgender women. In part one, I will address the LGBTQA civil rights movement led by transgender women. In part two, I will address the transphobia in the prison system. In part three, I will address the lack of visibility of black transgender issues in the current black civil rights movement. In the fourth part, I will address whether there should be certain fundamental rights given to transgender women. In the fifth part of this …

Introduction: A Gun For Every Girl: Girlhood In Contemporary Visual Culture, Jen Kennedy, Trista E. Mallory, Angelique Szymanek

Journal of Feminist Scholarship

No abstract provided.

Nonconsensual Collaborations, 2012-Present: Notes On A Shared Condition, Aliza Shvarts

Journal of Feminist Scholarship

"Nonconsensual Collaborations, 2012-present: Notes on a Shared Condition" is an extended performance text. It investigates the unmarked gendered dynamics of artistic collaboration, documenting a series of “nonconsensual collaborations”—that is, performances with other artists who did not agree to their participation. Presented here as written narratives, these nonconsensual collaborations frame everyday occurrences of violation, erasure, and misrecognition, exploring how discourses of consent arise from the raced and gendered histories of property relations. They call into question the politics of representation, the status of the document, the formation of evidentiary truth, and the interpenetration of sexual and aesthetic economies. These nonconsensual collaborations …

Acting Objects/Objecting Girls: Ann Hirsch’S Playground, Jen Kennedy

Journal of Feminist Scholarship

This paper identifies and explores an oscillation between subjectivization and objectification in young girls’ participation in digital culture as a site of self-exploration and sexual experimentation. Using media artist Anne Hirsch’s performance Playground (2013) as a case study, it examines how the ways that adolescent girls use the internet not only complicate the subject/object opposition at the crux of many Western feminist critiques of representation but may even suggest forms of agency that think beyond this binary.

A Delicate Knot: Photographing Black Girlhood And Womanhood, Nakeya Brown

Journal of Feminist Scholarship

No abstract provided.

Más Rudas Collective, 2009-2016 (An Archival Epilogue To An Epic Pachanga), Josh T. Franco

Journal of Feminist Scholarship

Contemporary artists Más Rudas Collective (MRC) were active in San Antonio, Texas, from 2009 to 2016. This essay looks to primary source documents from preceding decades and keystone exhibitions of Chicana/o art to articulate MRC’s position in a network of art production and curatorial activity that takes Chicana/o identity as a conceptual framework and/or departure point. Specific examples of MRC members’ reappropriations of Mexican, Mexican American, and Chicana/o cultural elements are analyzed and considered as “weaponizations” against cultures of body shaming and misogyny. Their approach is compared to that of other artists and curators in order to highlight the variety …

Harmonizing Cultural Ip Across Borders: Fashionable Bags & Ghanaian Adinkra Symbols, J. Janewa Osei-Tutu

Articles

Global copyright and trademark laws protect symbols, names, and literary and artistic works. However, when their primary significance is cultural, because they are neither individual original works nor symbols that are used as commercial identifiers, intellectual property laws do not protect these symbols or artistic works. This is true, even if these goods are protected under national laws as part of that nation's cultural heritage. Once these cultural goods cross borders, there is no international law that will enable the country from which these goods originate to assert its rights in other countries. This Article characterizes these cultural goods as …

The Divide "Public Airwaves Through Prison Walls" Proof Document, Sally Brown

Promotion

Proof document for promotional ad for the Nov. 15, 2017 presentation of "Public Airwaves Through Prison Walls" in conjunction with the exhibit "The Divide" in the WVU Downtown Campus Library.

Not Mine Alone, Nor Mine To Own: Some Reflections On The Young Girl, Jacqueline Mabey

Journal of Feminist Scholarship

This essay looks at the role of the young girl in the curatorial practice of Jacqueline Mabey. Mabey reckons with the young girl as the signifier of a spectrum of mutable cultural signifieds and young girls as subjects on their own terms in the two exhibitions under review, Miss World and Utopia Is No Place, Utopia Is Process. In doing so, she recognizes a shift in motivations from an interest in what the young girls mean as a narcissistic reflection to how she could work in service of the development of young girls.