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Decoupling Marriage & Procreation: A Feminist Argument For Same-Sex Marriage, Hannah Haksgaard 2012 University of South Dakota School of Law

Decoupling Marriage & Procreation: A Feminist Argument For Same-Sex Marriage, Hannah Haksgaard

Faculty Publications

The quickly arriving reality of same-sex marriage is a move forward for all couples who marry, including opposite-sex and transgender couples. This piece examines the way that same-sex marriage will improve these other marriages. In particular, I argue that the "essential aspects" of marriage remain sex and reproduction - domains associated with the wife in a traditional marriage in a way that serves to denigrate women. Although the long-existing link between procreation and marriage has begun to fade, it will not be until same-sex marriage is fully legalized that opposite-sex marriage can fundamentally change. Therefore, both feminists and advocates of …


The Secular And Religious Legal Framework Of Afghanistan As Compared To Western Notions Of Equal Protection And Human Rights Treaties: Is Afghanistan's Legal Code Facially Consistent With Sex Equality?, Laura Belkner 2012 Benjamin N. Cardozo School of Law

The Secular And Religious Legal Framework Of Afghanistan As Compared To Western Notions Of Equal Protection And Human Rights Treaties: Is Afghanistan's Legal Code Facially Consistent With Sex Equality?, Laura Belkner

Cardozo Journal of International and Comparative Law

The note examines Afghanistan's legal framework, arguing that while it is facially consistent with sex equality as per the Afghan Constitution and international treaties, the practical implementation is hindered by cultural and traditional practices. This discrepancy highlights the gap between legal provisions and real-world application.


Legal Education, Social Justice And The Law School Dean: Latinas At The Center, Margaret E. Montoya 2012 University of New Mexico - School of Law

Legal Education, Social Justice And The Law School Dean: Latinas At The Center, Margaret E. Montoya

Faculty Scholarship

The opening of LatCrit XVI in San Diego, CA, on October 9, 2011, coincided with the events that are identified as the start of the global expression of the Occupy Movement. The Occupy Movement began to gain media attention on September 17, 2011, in Zuccotti Park in New York City. By October 9, protests had taken place or were ongoing in eighty-two countries and over 600 communities in the United States. The broad theme for LatCrit XVI was "Global Justice" and the conference was billed as "an opportunity to explore theories, histories, and futures of global justice. Of particular importance …


Beyond Best Practices For Legal Education: Reflections On Cultural Awareness - Exploring The Issues In Creating A Law School And Classroom Culture, Antoinette M. Sedillo Lopez 2012 University of New Mexico - School of Law

Beyond Best Practices For Legal Education: Reflections On Cultural Awareness - Exploring The Issues In Creating A Law School And Classroom Culture, Antoinette M. Sedillo Lopez

Faculty Scholarship

If law schools are to prepare students for the reality of practice, it is useful to help students become aware of cultural issues that can affect client representation by examining the culture that the law school creates. The culture created by faculty, students, administration, and staff will affect the law student's acculturation as a legal professional as well as the law student's psychological well-being. This issue was addressed briefly in Best Practices for Legal Education (Best Practices), but not developed. This essay explores some of the challenges and opportunities of bringing cross-cultural issues into a law school classroom and some …


Remediating Discrimination Against African American Females At The Intersection Of Title Ix And Title Vi, Alfred Dennis Mathewson 2012 University of New Mexico - School of Law

Remediating Discrimination Against African American Females At The Intersection Of Title Ix And Title Vi, Alfred Dennis Mathewson

Faculty Scholarship

In Part I, I present a brief treatment of intersectionality in anti-discrimination law focusing on the distinction between cause of action and remedy. Harm caused by gender or racial discrimination may give rise to causes of action based on equal protection principles." In Part II, I go further and argue that the primary intersectionality problem presented by Title IX is one of remedy. I conclude that the differences in the remedial effects of Title IX result, in part, from unremedied racial discrimination, a conclusion that begins with Professor Jerome Dees's argument that Brown v. Board of Education and anti-discrimination laws …


Reflections On Intellectual Hybridity, Kimala Price 2012 San Diego State University

Reflections On Intellectual Hybridity, Kimala Price

Journal of Feminist Scholarship

Drawing from the growing literature on interdisciplinarity and my own experiences as an intellectual hybrid, I discuss the personal and institutional challenges inherent in crossing disciplinary boundaries in the academy. I argue that boundary crossing is a natural occurrence and that the issue of (inter)disciplinarity is a matter of degree and of determining who gets to define the boundaries. Defining boundaries is not merely an intellectual enterprise, but also a political act that delineates what is, or is not, legitimate scholarship. This issue is especially salient to women's and gender studies during times of economic distress and educational budget cuts.


Caught Between A Rock And A Hard Place: The Title Ix Generation, Mathematics, And The State Of Feminist Quantitative Social Science Research, Jill R. Williams 2012 University of Colorado Boulder

Caught Between A Rock And A Hard Place: The Title Ix Generation, Mathematics, And The State Of Feminist Quantitative Social Science Research, Jill R. Williams

Journal of Feminist Scholarship

In this essay I reflect on the fortieth anniversary of the Mink Equal Opportunity in Education Act of 1972 (Title IX), which prohibited discrimination based on sex in federally funded education programs in the United States and inspired educational programs that encourage girls to pursue math and science careers. I argue that despite the feminist underpinnings of Title IX, in recent years feminism has discouraged the advancement of women in math and science by excluding quantitative research from its publications, quantitative researchers from women's and gender studies programs, and quantitative training from its curriculum. I examine my own experience of …


From The Editors, Anna M. Klobucka, Jeannette E. Riley, Catherine Villanueva Gardner 2012 University of New Hamsphire

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

Journal of Feminist Scholarship

No abstract provided.


Staying Home While Studying Abroad: Anti-Imperial Praxis For Globalizing Feminist Visions, Shireen Roshanravan 2012 Kansas State University

Staying Home While Studying Abroad: Anti-Imperial Praxis For Globalizing Feminist Visions, Shireen Roshanravan

Journal of Feminist Scholarship

This paper hinges on the recognition that when study-abroad opportunities are presented and perceived as a means of access to global perspectives on women and gender, they reduce the problem of US-centrism in Women's Studies to a geographic rather than an epistemic limitation. According to this logic, physical travel away from the United States can serve as an effective method for overcoming US-centrism and attending to the "global," a curricular strategy that Chandra Mohanty and M. Jacqui Alexander call "the cartographic rule of the transnational as always 'elsewhere'" (Mohanty and Alexander 2010, 33). This cartographic rule reinforces hegemonic representations of …


The Problem Of Protection: Rethinking Rhetoric Of Normalizing Surgeries, Amy Falvey 2012 Augustana College

The Problem Of Protection: Rethinking Rhetoric Of Normalizing Surgeries, Amy Falvey

Journal of Feminist Scholarship

This essay focuses on the rhetoric of protection that emerges around infants who face the prospect of normalizing surgeries. Frequently, decisions to proceed with normalizing surgeries are made by doctors and parents with "protection" of the infant as a motivating force. "Protection," in such contexts, typically refers to protection of the infant from the inhospitable world that lies in wait for an individual whose body does not conform to social, morphological, and biological norms. While this concern may be valid and important, this essay argues that there are alternative narratives or notions of protection that must also be acknowledged and …


Novas Cartas Portuguesas: The Making Of A Reputation, Ana Margarida Dias Martins 2012 University of Cambridge

Novas Cartas Portuguesas: The Making Of A Reputation, Ana Margarida Dias Martins

Journal of Feminist Scholarship

Novas Cartas Portuguesas (New Portuguese Letters), co-authored by Maria Isabel Barreno, Maria Teresa Horta, and Maria Velho da Costa, was banned in 1972 in Portugal for exploring sensitive issues such as women's oppression under the Catholic patriarchy. Given that police action against the authors soon became the focus of an international feminist protest in 1972-73, existing discussions of the book's reception often focus almost exclusively on what may be called its political life. I propose to approach the book from a new angle, with the purpose of uncovering its theoretical dimension as a literary-critical text that may have played an …


From The Editors, Anna M. Klobucka, Jeannette E. Riley, Catherine Villanueva Gardner 2012 University of New Hamsphire

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

Journal of Feminist Scholarship

No abstract provided.


Negotiating The Insider/Outsider Status: Black Feminist Ethnography And Legislative Studies, Nadia E. Brown 2012 St. Louis University

Negotiating The Insider/Outsider Status: Black Feminist Ethnography And Legislative Studies, Nadia E. Brown

Journal of Feminist Scholarship

This essay bridges the gaps in the literature within legislative studies by illustrating the usefulness of feminist ethnography as a methodological intervention into studying legislative behavior. Black feminist epistemology is a useful tool for making new knowledge claims within an existing body of knowledge. I use anecdotes and examples from my fieldwork in the Maryland state legislature to expose how race and gender impact both the process and the outcome of data collection. I demonstrate how my experience as an African American woman researcher whose work centers on Black women Maryland state legislators, which I situate within Black feminist epistemology, …


The Politics Of Writing, Writing Politics: Virginia Woolf’S A [Virtual] Room Of One’S Own, Tegan Zimmerman 2012 University of Alberta

The Politics Of Writing, Writing Politics: Virginia Woolf’S A [Virtual] Room Of One’S Own, Tegan Zimmerman

Journal of Feminist Scholarship

This article revisits A Room of One’s Own, Virginia Woolf’s foundational 1929 text on women’s writing. I examine from a feminist materialist perspective the relevance of Woolf’s notion of a “room” in our globalized and technological twenty-first century. I first review Woolf’s position on the material conditions necessary for women writers in her own time and then the applicability of her thinking for contemporary women writers on a global scale. I emphasize that the politics of writing, and in particular writing by women, that Woolf puts forth gives feminists the necessary tools to reevaluate and rethink women’s writing both online …


Irish American Women: Forgotten First-Wave Feminists, Sally Barr Ebest 2012 University of Missouri-St. Louis

Irish American Women: Forgotten First-Wave Feminists, Sally Barr Ebest

Journal of Feminist Scholarship

Numerous books have been written about American feminism and its influence on education and society. But none have recognized the key role played by Irish American women in exposing injustice and protecting their rights. Certainly their literary heritage, inherent knowledge of English, and membership in the single largest ethnic group gave them an advantage. But their dual positions as colonized, second-class citizens of their country and their religion gave them their political edge, a trait that has been evident since the Irish first stepped off the boat and that continues to this day. This essay focuses on the first wave …


Book Review, The Beauty Bias: The Injustice Of Appearance In Life And Law, Hannah Haksgaard 2012 University of South Dakota School of Law

Book Review, The Beauty Bias: The Injustice Of Appearance In Life And Law, Hannah Haksgaard

Faculty Publications

No abstract provided.


Rural Inheritance: Gender Disparities In Farm Transmission, Hannah Haksgaard 2012 University of South Dakota School of Law

Rural Inheritance: Gender Disparities In Farm Transmission, Hannah Haksgaard

Faculty Publications

Farmers are farmers' sons. Notable in our modern day, heralded by many as a gender-neutral society, it is farmers' sons, not farmers' daughters, who become farmers and take over ownership and management of the family farm. It has long been true that agricultural knowledge and land have passed through generations of men. In contrast, daughters, even today, are neither considered to be farmers nor likely to inherit family farmland. This Article begins by chronicling how farmland is inherited (by sons) then discusses why the pattern of excluding women continues. There have been substantial legal changes in the United States impacting …


Motherhood And The Constitution: (Re)Thinking The Power Of Women To Facilitate Change, Angela Mae Kupenda 2012 University of Richmond

Motherhood And The Constitution: (Re)Thinking The Power Of Women To Facilitate Change, Angela Mae Kupenda

Richmond Public Interest Law Review

However, this essay suggests a different, or additional, approach. Rather than focusing on the many barriers to equality originating from others, this essay focuses on women's power to forge equality. Some of this power is cloaked, unharnessed, and underutilized. This essay is intended to challenge women to reconstitute the power of motherhood as a means of transforming not only families, but also law and society. This essay suggests the power of women to be mothering teachers and teaching mothers. Women have a choice, even an affirmative duty, to unharness their power to facilitate change and shape a status quo of …


Breastfeeding In Custody Proceedings: A Modern-Day Manifestation Of Liberal And Conservative Family Traditions, Kate Baxter-Kauf 2012 University of Richmond

Breastfeeding In Custody Proceedings: A Modern-Day Manifestation Of Liberal And Conservative Family Traditions, Kate Baxter-Kauf

Richmond Public Interest Law Review

This Comment contends that cultural and legal representations of breastfeeding in custody determinations highlight contradictory notions of motherhood and family that mirror liberal and conservative family traditions thought to be long dead.


Cedaw And Rural Development: Empowering Women With Law From The Top Down, Activism From The Bottom Up, Marta R. Vanegas, Lisa R. Pruitt 2012 Law Offices of John F. Martin, P.C.

Cedaw And Rural Development: Empowering Women With Law From The Top Down, Activism From The Bottom Up, Marta R. Vanegas, Lisa R. Pruitt

University of Baltimore Law Review

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is one of the most widely ratified human rights treaties in history, yet many view it as a failure in terms of what it has achieved for women. In spite of the lack of a meaningful enforcement mechanism and various other shortcomings, however, CEDAW has inspired feminist activism around the world and helped raise women's legal consciousness. While CEDAW itself is widely viewed as a product of feminist activism in the international arena, this essay explores the Convention's role as a source of-and tool for-grassroots feminist activism. …


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