From The Editors,
2016
University of New Hamsphire
From The Editors, Anna M. Klobucka, Jeannette E. Riley, Catherine Villanueva Gardner
Journal of Feminist Scholarship
No abstract provided.
A New Heroic Figure: Female Protestors And Precarity In Puerto Rico,
2016
Universidad del Este
A New Heroic Figure: Female Protestors And Precarity In Puerto Rico, Guillermo Rebollo Gil
Journal of Feminist Scholarship
This paper offers a critical look on an isolated, failed incident of protest carried out by a young Puerto Rican woman and her two children. In doing so, it explores the possibilities of radical political thought and action on the island. Furthermore, by situating this event within the larger context of danger—physical, social and discursive—that women in Puerto Rico are subjected to, it seeks to question the manner in which female protestors’ vulnerability and agency challenge those on the left to formulate gender-progressive strategies for emancipation. Lastly, it is argued here that this protestor features as new type of radical …
Bodies And Contexts: An Investigation Into A Postmodern Feminist Reading Of Averroës,
2016
University of Arkansas at Little Rock
Bodies And Contexts: An Investigation Into A Postmodern Feminist Reading Of Averroës, Reed Taylor
Journal of Feminist Scholarship
In this article, I contribute to the wider discourse of theorizing feminism in predominantly Muslim societies by analyzing the role of women’s political agency within the writings of the twelfth-century Islamic philosopher Averroës (Ibn Rushd, 1126–1198). I critically analyze Catarina Belo’s (2009) liberal feminist approach to political agency in Averroës by adopting a postmodern reading of Averroës’s commentary on Plato’s Republic. A postmodern feminist reading of Averroes’s political thought emphasizes contingencies and contextualization rather than employing a literal reading of the historical works.
From Out To In: The Opportunity And Need For Clinical Law Programs To Effectively Serve Low-Income Lgbt Individuals,
2016
University of New Mexico - School of Law
From Out To In: The Opportunity And Need For Clinical Law Programs To Effectively Serve Low-Income Lgbt Individuals, Sarah Steadman
Faculty Scholarship
Although the recent legalization of same-sex marriage in the U.S. is heartening for lesbians and gays, the resulting discriminatory legislative backlash against the LGBT population shows that this community continues to be marginalized and at risk. Over two hundred anti-LGBT bills have been introduced in state legislatures since January 2016. North Carolina recently passed anti-LGBT legislation that eliminated and prohibits LGBT anti-discrimination protections, and bars transgender individuals from using gender congruent public bathrooms. One result of recent and historical discrimination is LGBT individual's newfound and pre-existing fears of encountering anti-LGBT bias when seeking legal services, even as recent developments have …
More Wounding Than Wounds: Hysterectomy, Phenomenology, And The Pain(S) Of Excorporation,
2016
University of Detroit Mercy
More Wounding Than Wounds: Hysterectomy, Phenomenology, And The Pain(S) Of Excorporation, Heather Hill-Vasquez
Journal of Feminist Scholarship
Focusing on the pain experience of hysterectomy, this article applies and interrogates the foundational descriptive process on which phenomenology is based and suggests that feminism and phenomenology are more compatible than previously asserted. Building upon the work of feminist philosophers who have also explored how feminist and phenomenological approaches share similar methods and intentions—especially in connection with the former’s significant attention to lived experience as a source for the theory feminism employs—the article engages with the philosophies of Maurice Merleau-Ponty and Samuel Mallin who maintain a consistent attention to the body in their phenomenological approaches. Arguing that Mallin’s method of …
Female Perceptions Of Islam In Today’S Morocco,
2016
University of Fez
Female Perceptions Of Islam In Today’S Morocco, Fatima Sadiqi
Journal of Feminist Scholarship
This paper is based on a survey, 25 interviews, and observation. According to the results so far, Islam means three things for women in today’s Morocco: faith, culture, and politics. Islam as faith is generally perceived as a personal relationship with God. Such a relationship is seen as both rewarding and empowering, but also private. Women who perceive Islam as faith observe the Islamic rituals and may or may not wear the veil. Women’s perception of Islam as faith is a rather poorly understood topic in research in a heavily space-based patriarchy, probably because of its intimate relationship with the …
“Strong Women Make Strong Nations”: Women, Literature, And Sovereignty In Paula Gunn Allen And Virginia Woolf,
2016
Georgetown College
“Strong Women Make Strong Nations”: Women, Literature, And Sovereignty In Paula Gunn Allen And Virginia Woolf, Kristin Czarnecki
Journal of Feminist Scholarship
This essay places Virginia Woolf’s A Room of One’s Own and Three Guineas alongside Paula Gunn Allen’s The Sacred Hoop: Recovering the Feminine in American Indian Traditions. Reading these landmark texts together helps establish a transnational dialogue essential to twenty-first-century literary and feminist studies. A Room of One’s Own and The Sacred Hoop resonate with each other in striving to recuperate women’s history and literature, long denied or suppressed by patriarchal tenets and texts. A fruitful dialogic also emerges between Three Guineas and The Sacred Hoop, both of which argue for the eradication of patriarchy in favor of female-centric social …
Campus Insecurity: Due Process, Proof, And Procedure In Campus Sexual Assault Investigations,
2016
American University Washington College of Law
Campus Insecurity: Due Process, Proof, And Procedure In Campus Sexual Assault Investigations, Travis Nemmer
Criminal Law Practitioner
No abstract provided.
Child Sexual Abuse Victims And The Confrontation Clause,
2016
University of Hawaii
Child Sexual Abuse Victims And The Confrontation Clause, Nichole Timmreck
Criminal Law Practitioner
No abstract provided.
Aftermath Of The Hobby Lobby Decision: Implications For Women In The Workforce,
2016
Virginia Commonwealth University
Aftermath Of The Hobby Lobby Decision: Implications For Women In The Workforce, Hirsh Shah
AUCTUS: The Journal of Undergraduate Research and Creative Scholarship
Hobby Lobby is a chain of 640 arts and crafts stores owned by the Green family, based in Oklahoma City. This company is required to follow the Affordable Care Act (ACA), which mandates that larger employers—those with more than 50 employees—have to include coverage for the full range of preventative care, including contraceptives, in their female employees’ health insurance plans. However, the Green family holds deeply religious views and did not want to include four of the twenty contraceptives covered by the ACA, including long acting reversible contraception and emergency contraception, in their female employee coverage. The family believed that …
Angry Employees: Revisiting Insubordination In Title Vii Cases,
2016
American University Washington College of Law
Angry Employees: Revisiting Insubordination In Title Vii Cases, Susan Carle, Susan D. Carle
Faculty Collected Scholarship and Works
In too many Title VII cases, employees find themselves thrown out of court because they reacted angrily to reasonable perceptions of employer discrimination. In the race context, supervisors repeatedly call employees the n-word and use other racial epithets, order African American employees to perform work others in the same job classification do not have to do, and impose discipline white employees do not face for the comparable conduct. In the gender context, courts throw out plaintiffs’ cases even where supervisors engage in egregious sexual harassment. Employees who react angrily to such demeaning treatment—by cursing, shouting, refusing an order or leaving …
My Body Is My Temple: Utilizing The Concept Of Dignity In Supreme Court Jurisprudence To Fight Sex Reassignment Surgery Requirements For Recognition Of Legal Sex,
2016
American University Washington College of Law
My Body Is My Temple: Utilizing The Concept Of Dignity In Supreme Court Jurisprudence To Fight Sex Reassignment Surgery Requirements For Recognition Of Legal Sex, Doran Shemin
American University Journal of Gender, Social Policy & the Law
No abstract provided.
A House Divided Against Itself Cannot Stand: The Need To Federalize Surrogacy Contracts As A Result Of A Fragmented State System, 49 J. Marshall L. Rev. 1155 (2016),
2016
UIC School of Law
A House Divided Against Itself Cannot Stand: The Need To Federalize Surrogacy Contracts As A Result Of A Fragmented State System, 49 J. Marshall L. Rev. 1155 (2016), Brett Thomaston
UIC Law Review
This comment will explain the necessity for federal regulation of surrogacy contracts by analyzing the current state of surrogacy laws across the United States. This will be accomplished by examining the fragmented state system and how this largely ignored area of the law has been a feeding ground for widespread forum shopping and inconsistent results. This comment will then address the public policy reasons in support of enforcing these contracts. Next, this comment will examine the avenues of congressional power for regulating these types of contracts. Lastly, this comment will propose that the federal government implement legislation containing key language …
Missed Opportunities: The Unrealized Equal Protection Framework In Maher V. Roe And Harris V. Mcrae,
2016
University of Michigan School of Law
Missed Opportunities: The Unrealized Equal Protection Framework In Maher V. Roe And Harris V. Mcrae, Amelia Bailey
Michigan Journal of Gender & Law
This Note focuses on two cases, Maher v. Roe and Harris v. McRae, and argues that they represent watershed moments in the reproductive rights movement because they positioned abortion as a fundamental right in name only. In both cases, the Supreme Court sanctioned severe funding restrictions and refused to grant poor women the right to state and federal assistance for elective and “nontherapeutic” abortions. “Non-therapeutic abortion” refers to those abortions performed or induced when the life of the mother is not endangered if the fetus is carried to term or when the pregnancy of the mother is not the …
Gender Bias In The Courtroom: Combating Implicit Bias Against Women Trial Attorneys And Litigators,
2016
University of Maryland Francis King Carey School of Law
Gender Bias In The Courtroom: Combating Implicit Bias Against Women Trial Attorneys And Litigators, Connie Lee
Cardozo Journal of Equal Rights & Social Justice
The article examines the persistent gender bias against women trial attorneys and litigators, highlighting the historical roots of this issue, presenting empirical data on its impact, and proposing solutions to address it. It argues that despite progress in gender equality, women remain underrepresented in leadership roles within the legal profession due to both overt and implicit biases.
For The Title Ix Civil Rights Movement: Congratulations And Cautions,
2016
Barry University
For The Title Ix Civil Rights Movement: Congratulations And Cautions, Nancy Chi Cantalupo
Faculty Scholarship
No abstract provided.
Sexual Orientation And Gender Identity,
2016
Southern Methodist University
Sexual Orientation And Gender Identity, Mark E. Wojcik
The International Lawyer
No abstract provided.
The Two Laws Of Sex Stereotyping,
2016
Elisabeth Haub School of Law at Pace University
The Two Laws Of Sex Stereotyping, Noa Ben-Asher
Elisabeth Haub School of Law Faculty Publications
This Article offers two main contributions to the study of sex stereotyping. First, it identifies an organizing principle that explains why some forms of sex stereotyping are today legally prohibited while others are not. Second, it argues for a shift in the current rights framework--from equal opportunity to individual liberty--that could assist courts and other legal actors to appreciate the harms of currently permissible forms of sex stereotyping. Commentators and courts have long observed that the law of sex stereotyping has many inconsistencies. For instance, it is lawful today for the state to require that unwed biological fathers, but not …
The Return Of Coverture,
2016
University of Richmond School of Law
The Return Of Coverture, Allison Anna Tait
Michigan Law Review First Impressions
Once, the notion that husbands and wives were equal partners in marriage seemed outlandish and unnatural. Today, the marriage narrative has been reversed and the prevailing attitude is that marriage has become an increasingly equitable institution. This is the story that Justice Kennedy told in Obergefell v. Hodges, in which he described marriage as an evolving institution that has adapted in response to social change such that discriminatory marriage rules no longer apply. Coverture exemplifies this change: marriage used to be deeply shaped by coverture rules and now it is not. While celebrating the demise of coverture, however, the …
Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States,
2016
University of Arkansas School of Law
Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos
Michigan Journal of Gender & Law
Imagine that a close friend is raped, and you encourage her to report it to the police. At first, she thinks that the police are taking her report seriously, but the investigation does not seem to move forward. The next thing she knows, they accuse her of lying and ultimately file charges against her. You and your friend are in shock; this outcome never entered your minds. This nightmare may seem inconceivable, but it has in fact occurred repeatedly in both the United States and Britain—countries that are typically lauded for their high levels of gender equality. In Britain, where …
