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The Case For Procedural Safeguards In The U.S. Refugee Admissions Program, Betsy Fisher 2013 University of Michigan Law School

The Case For Procedural Safeguards In The U.S. Refugee Admissions Program, Betsy Fisher

Michigan Journal of Gender & Law

The U. S. Refugee Admissions Program (“USRAP”) is a humanitarian program that resettles vulnerable refugees to the United States. Though these refugees have suffered from extraordinarily high rates of trauma, the refugee admissions process does not have formal statutory or regulatory safeguards to accommodate the vulnerable nature of many applicants for resettlement. Yet, the applicants who have suffered the most trauma, including victims of sexual and gender- based violence, are the refugees most likely to be impeded by a process that largely centers on proving the severity of their trauma. To promote accurate outcomes, and to decrease the risk of …


Floor To Ceiling: How Setbacks And Challenges To The Anti-Bullying Movement Pose Challenges To Employers Who Wish To Ban Bullying, Kerri Lynn Stone 2013 Florida International University College of Law

Floor To Ceiling: How Setbacks And Challenges To The Anti-Bullying Movement Pose Challenges To Employers Who Wish To Ban Bullying, Kerri Lynn Stone

Faculty Publications

No abstract provided.


From The Editors, Anna M. Klobucka, Jeannette E. Riley, Catherine Villanueva Gardner 2013 University of New Hamsphire

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

Journal of Feminist Scholarship

No abstract provided.


What's Feminism Got To Do With It? Examination Of Feminism In Women's Everyday Lives, Claire Carter 2013 University of Regina

What's Feminism Got To Do With It? Examination Of Feminism In Women's Everyday Lives, Claire Carter

Journal of Feminist Scholarship

In recent decades there has been considerable debate about the role and meaning of feminism in younger women's lives. Feminism can be understood as an empowering discourse, fostering critical awareness and resistance to dominant social norms. However, it can also be experienced as regulatory and disciplinary, clearly defining who and what constitutes a "good" feminist. Utilizing Michel Foucault's principle of care of the self, this paper analyzes women's body practices in relation both to women's interpretation of feminism and to dominant feminist discourses. The complexities of negotiating diverse social identities, as well as women's desire for a happier life and …


(Re)Pinning Our Hopes On Social Media: Pinterest And Women's Discursive Strategies, Katherine Gantz 2013 St. Mary's College of Maryland

(Re)Pinning Our Hopes On Social Media: Pinterest And Women's Discursive Strategies, Katherine Gantz

Journal of Feminist Scholarship

Pinterest, the theme-based image-sharing website, has seen a predominantly female usership since its launch in 2010. Unique in both its design and its demographics in the US, the site has generated distinctive patterns of use, posing new questions about how women are claiming this particular spot in social media as their own. Supported by both feminist linguistic and social science research, this article undertakes a discussion of Pinterest's implicit and explicit gendered protocols of usership, which result in what I argue is an emerging women's online rhetoric. Through the examination of images and accompanying comments taken from the site, I …


Cuotas En Materia Electoral: Frecuencia Y Eficacia, Richard E. Matland 2013 Loyola University Chicago

Cuotas En Materia Electoral: Frecuencia Y Eficacia, Richard E. Matland

Political Science: Faculty Publications and Other Works

El presente artículo se aparta del nivel relativamente detallado de países y regiones individuales para generalizar acerca de las cuotas de género a nivel global. Quise usar lecciones de trabajos anteriores y presentar información estadística que cubre a las aproximadamente 200 naciones independientes del mundo. Asimismo, el artículo considera qué factores condujeron a la adopción de las cuotas de género, para lo cual llevo a cabo pruebas para ver si los procesos que hicieron posible tal adopción varían sistemáticamente entre los tipos de cuotas. En el análisis estadístico presentado observo dos clases diferentes de cuotas: primero, las cuotas establecidas a …


Was That Ethical? Feminist Critics’ Response To The “Queerness” Of Modernist Women’S Writing, Meridith M. Kruse 2013 The New School for Liberal Arts

Was That Ethical? Feminist Critics’ Response To The “Queerness” Of Modernist Women’S Writing, Meridith M. Kruse

Journal of Feminist Scholarship

This article employs insights from contemporary theories of ethical reading to conduct a case study of feminist critics’ reaction to the queerness of modernist women’s writing. My aim is to develop a set of practices and principles for ethically responding to queerness in literary texts and everyday life, as well as contribute feminist acumen to the current claim that the humanities are the best site to train students how to do justice to texts. The introduction utilizes theories of ethical reading set forth by Jane Gallop and Eve Kosofsky Sedgwick to develop a preliminary framework of ethical response. The subsequent …


Caught In A Trap - Paternity Presumptions In Louisiana, Evelyn L. Wilson 2013 Southern University Law Center

Caught In A Trap - Paternity Presumptions In Louisiana, Evelyn L. Wilson

The Modern American

No abstract provided.


Modernizing State Vital Statistics Statutes And Policies To Ensure Accurate Gender Markers On Birth Certificates: A Good Government Approach To Recognizing The Lives Of Transgender People, Lisa Mottet 2013 National Gay and Lesbian Task Force

Modernizing State Vital Statistics Statutes And Policies To Ensure Accurate Gender Markers On Birth Certificates: A Good Government Approach To Recognizing The Lives Of Transgender People, Lisa Mottet

Michigan Journal of Gender & Law

Across the country, laws governing corrections to gender markers on birth certificates are relatively uniform, in large part because many states adopted the relevant provisions of the 1977 revision of the Model State Vital Statistics Act (MSVSA). The MSVSA, developed by the U.S. Department of Health and Human Services, guides states on the most efficient laws and procedures related to maintaining accurate birth, death, and other vital records at the state, local, and territorial level. At the time when the government promulgated the MSVSA provision related to gender corrections, it served as a forward-thinking model because it acknowledged that vital …


The Exit Myth: Family Law, Gender Roles, And Changing Attitudes Toward Female Victims Of Domestic Violence, Carolyn B. Ramsey 2013 University of Colorado Law School

The Exit Myth: Family Law, Gender Roles, And Changing Attitudes Toward Female Victims Of Domestic Violence, Carolyn B. Ramsey

Michigan Journal of Gender & Law

This Article presents a hypothesis suggesting how and why the criminal justice response to domestic violence changed, over the course of the twentieth century, from sympathy for abused women and a surprising degree of state intervention in intimate relationships to the apathy and discrimination that the battered women' movement exposed. The riddle of declining public sympathy for female victims ofintimate-partner violence can only be solved by looking beyond the criminal law to the social and legal changes that created the Exit Myth. While the situation that gave rise to the battered womens movement in the 1970s is often presumed to …


Flexible Scheduling And Gender Equiality: The Working Families Flexibility Act Under The Fourteenth Amendment, Lane C. Powell 2013 University of Michigan Law School

Flexible Scheduling And Gender Equiality: The Working Families Flexibility Act Under The Fourteenth Amendment, Lane C. Powell

Michigan Journal of Gender & Law

The Working Families Flexibility Act (“WFFA”) as proposed in 2012 would create a federal right for employees to request flexible work arrangements. However, the bill contains no private right of action for employees to enforce this new right. By reframing the WFFA as an anti-discrimination statute targeting unconstitutional sex discrimination on the part of the States, the WFFA could be upheld under Section 5 of the Fourteenth Amendment, allowing Congress to provide a private right of action for both private and state employees. This Note uses the Supreme Court’s decisions on the Family Medical Leave Act in Hibbs and Coleman …


From Collaboration To Consolidation: Developing A More Expansive Model For Responding To Family Violence, Deseriee A. Kennedy 2013 Touro College, Jacob D. Fuchsberg Law Center

From Collaboration To Consolidation: Developing A More Expansive Model For Responding To Family Violence, Deseriee A. Kennedy

Cardozo Journal of Equal Rights & Social Justice

Academics and activists have frequently called for increased collaboration and communication between domestic violence and child welfare agencies as a means of more effectively responding to the impact of domestic violence on children and in recognition of the co-occurrence of domestic violence and child maltreatment. This Article reviews whether efforts based on the Greenbook and other initiatives calling for collaboration have led to any appreciable decrease in family violence. The Article finds evidence to suggest that there has not been significant improvement in the incidence or severity of family violence and more radical responses to family violence are needed. It …


Myths About Women’S Careers In Law, Patricia M. Wald 2013 Former Chief Judge, U.S. Court of Appeals

Myths About Women’S Careers In Law, Patricia M. Wald

University of Baltimore Journal of International Law

Judge Wald discusses several "myths" about women's careers in the law that she has encountered in hers, including the presence of hearty pioneers who despite obstacles and a cold climate pursued satisfying legal careers decades before the "women's movement" of the 1970's; the current status of women in the profession and the impediments to their further advancement, the enduring problems they confront in maintaining the "delicate balance" between marriage, motherhood and careers and the institutional reticence to accommodate their dual role, the need for vigilance to keep the gains they have already made from slipping away, whether men and women …


Surrender And Subordination: Birth Mothers And Adoption Law Reform, Elizabeth J. Samuels 2013 University of Baltimore School of Law

Surrender And Subordination: Birth Mothers And Adoption Law Reform, Elizabeth J. Samuels

Michigan Journal of Gender & Law

For more than thirty years, adoption law reform advocates have been seeking to restore for adult adoptees the right to access their original birth certificates, a right that was lost in all but two states between the late 1930s and 1990. The advocates have faced strong opposition and have succeeded only in recent years and only in eight states. Among the most vigorous advocates for access are birth mothers who surrendered their children during a time it was believed that adoption would relieve unmarried women of shame and restore them to a respectable life. The birth mother advocates say that …


Outing The Majority: Gay Rights, Public Debate, And Polarization After Doe V. Reed, Marc Allen 2013 University of Michigan Law School

Outing The Majority: Gay Rights, Public Debate, And Polarization After Doe V. Reed, Marc Allen

Michigan Journal of Gender & Law

In 2010, the United States Supreme Court ruled in Doe v. Reed that Washington citizens who signed a petition to eliminate legal rights for LGBT couples did not have a right to keep their names secret. A year later, in ProtectMarriage.com v. Bowen, a district court in California partially relied on Reed to reject a similar request from groups who lobbied for California Proposition 8-a constitutional amendment that overturned the California Supreme Court's landmark 2008 gay marriage decision. These holdings are important to election law, feminist, and first amendment scholars for a number of reasons. First, they flip the traditional …


An Incomplete Revolution: Feminists And The Legacy Of Marital-Property Reform, Mary Ziegler 2013 Saint Louis University School of Law

An Incomplete Revolution: Feminists And The Legacy Of Marital-Property Reform, Mary Ziegler

Michigan Journal of Gender & Law

As this Article shows, the conventional historical narrative of the divorce revolution is not so much incorrect as incomplete. Histories of the divorce revolution have focused disproportionately on the introduction of no-fault rules and have correctly concluded that women's groups did not play a central role in the introduction of such laws. However, work on divorce law has not adequately addressed the history of marital-property reform or engaged with scholarship on the struggle for the Equal Rights Amendment to the federal Constitution. Putting these two bodies of work in dialogue with one another, the Article provides the first comprehensive history …


The Scarlet Letter: The Supreme Court And The Language Of Abortion Stigma, Paula Abrams 2013 Lewis & Clark Law School

The Scarlet Letter: The Supreme Court And The Language Of Abortion Stigma, Paula Abrams

Michigan Journal of Gender & Law

Why does the Supreme Court refer to the woman who is seeking an abortion as "mother"? Surely the definition has not escaped the attention of a Court that frequently relies on the dictionary to define important terms or principles. And why does the Court choose to describe the fetus as a child? What message does this language send about abortion and the woman who seeks an abortion? The Court's abortion decisions embody an ongoing debate on the legitimacy of constitutional protection of the right to choose. This debate unfolds most obviously as a discourse on constitutional interpretation; disagreements within the …


Baring Inequality: Revisiting The Legalization Debate Through The Lens Of Strippers' Rights, Sheerine Alemzadeh 2013 Chicago Alliance Against Sexual Exploitation

Baring Inequality: Revisiting The Legalization Debate Through The Lens Of Strippers' Rights, Sheerine Alemzadeh

Michigan Journal of Gender & Law

The debate over legalization of prostitution has fractured the feminist legal community for over a quarter century. Pro-legalization advocates promote the benefits attending government regulation of prostitution, including the ability to better prosecute sex crimes, increase public health and educational resources for individuals in the commercial sex trade, and apply labor and safety regulations to the commercial sex industry in the same manner as they are applied to other businesses. Some anti-legalization advocates identify themselves as "new abolitionists," and argue that government recognition of prostitution reinforces gender inequality. Often, this debate is framed in the hypothetical: What would happen if …


"Off With His __": Analyzing The Sex Disparity In Chemical Castration Sentences, Zachary Edmonds Oswald 2013 University of Michigan Law School

"Off With His __": Analyzing The Sex Disparity In Chemical Castration Sentences, Zachary Edmonds Oswald

Michigan Journal of Gender & Law

Societies around the world have performed castration, in its various forms, on their male and female members for thousands of years, for numerous reasons. Even within the United States, prisoners have been sentenced to castration (as a form of punishment or crime prevention) since the early twentieth century. In recent years, legislatures have perpetuated this practice but with a modern twist. Now, states use chemical injections to castrate their inmates. It turns out, however, that systemic problems plague the chemical castration sentencing regime. These problems arise from the nature of the crimes eligible for chemical castration sentences, the manner of …


The Role Of Networks, Mentors, And The Law In Overcoming Barriers To Organizational Leadership For Women With Children, Terry Morehead Dworkin, Aarti Ramaswami, Cindy A. Schipani 2013 Indiana University

The Role Of Networks, Mentors, And The Law In Overcoming Barriers To Organizational Leadership For Women With Children, Terry Morehead Dworkin, Aarti Ramaswami, Cindy A. Schipani

Michigan Journal of Gender & Law

The 2012 election brought headlines such as "Another 'Year of Women' in Congress." Although the number of women in the highest legislative offices increased, their numbers are still significantly lower than those of men. Fewer than 100 women hold office in both houses of Congress. Corporate America similarly reflects significantly low female leadership numbers. For example, "fewer than 20% of finance industry directors and executives are women, and [there are] no women leading the 20 biggest U.S. banks and securities firms." Women make up nearly half the workforce and hold 60% of bachelor degrees, yet they hold only 14% of …


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