Am I That Race - Punjabi Mexicans And Hybrid Sensitivity, Or How To Do Theory So That It Doesn't Do You,
2010
UC Law SF
Am I That Race - Punjabi Mexicans And Hybrid Sensitivity, Or How To Do Theory So That It Doesn't Do You, Faljuni A. Sheth
UC Law SF Journal on Gender and Justice
This paper explores the conceptual and racial status of "Punjabi Mexicans" at the turn of the twentieth century. In the literature, this group appears to be a "given," i.e., it is portrayed as a coherent identity that emerges from a simple set of circumstances. Yet, it is anything but a given; its existence and its collective and individual consciousness is created out of a complex nexus of legal, political, social, and natural environments that spurred the migration of East-Indian men and Mexican women from their homelands and to their adopted lands. By understanding human beings as subjects rather than as …
Lost In Forest Grove: Interpreting Idea's Inherent Paradox,
2010
UC Law SF
Lost In Forest Grove: Interpreting Idea's Inherent Paradox, Natalie Pyong Kocher
UC Law SF Journal on Gender and Justice
The passage of the Individuals with Disabilities Education Act ("IDEA"), a major civil rights bill, provided children with disabilities heightened access to education. At the heart of the IDEA is a school district's responsibility to provide each child with an individualized education, often referred to as a "free appropriate public education" ("FAPE"). Where a public school district is itself unable to provide a FAPE, IDEA requires the district to pay for the student's enrollment in a private school. Courts initially interpreted IDEA to require that parents give public school districts an opportunity to provide a FAPE before removing their child …
Use Of Female Interrogators: The Analysis Of Sexualized Interrogations The Detainee Interrogation Working Group Did Not Conduct,
2010
UC Law SF
Use Of Female Interrogators: The Analysis Of Sexualized Interrogations The Detainee Interrogation Working Group Did Not Conduct, Celia Rumann
UC Law SF Journal on Gender and Justice
In the years following the Abu Ghraib scandal, it has become apparent that Lynndie England was punished for the crime of providing the world with photographic evidence of a government policy of using sexuality as a weapon of war. Ms. England's actions were not, as has been asserted, borne of whole cloth out of the sexually deviant minds of young soldiers bent on exploiting prisoners for their own amusement. Rather, they embodied the arguably extreme end of the systematic work of the United States government to engage in sexually deviant exploitation of prisoners purportedly for the collective safety and well-being …
Courts And Temperance “Ladies”,
2010
New York Law School
Courts And Temperance “Ladies”, Richard H. Chused
Articles & Chapters
In 1873 and 1874, parts of southern Ohio were gripped by a remarkable string of marches, religious gatherings, and sit-ins by conservative, Christian, white women intent on shutting down the distribution of alcohol in their communities. A fascinating series of issues relating to the use of legal institutions to control these demonstrative women arose during these "temperance crusades." Many women in Hillsboro opposed using available legal avenues to suppress the liquor trade, preferring strategies based on moral suasion. But, as with other major controversies in our history, aspects of the temperance crusade ended up in court despite the desires of …
The Impact Of The Adoption And Safe Families Act On Children Of Incarcerated Parents,
2010
Columbia Law School
The Impact Of The Adoption And Safe Families Act On Children Of Incarcerated Parents, Arlene F. Lee, Philip Genty, Mimi Laver Child Welfare League Of America
Faculty Scholarship
On November 9, 1997, President Bill Clinton signed the Adoption and Safe Families Act of 1997 (ASFA) to improve the safety of children, to promote adoption and other permanent homes for children, and to support families. The changes in ASFA are important to ensure the safety of children and increase their likelihood of placement in permanent homes. The change that requires close examination is the timeline for initiating the termination of parental rights (TPR) proceedings. Many people have questioned whether these changes, if applied in their strictest terms, have had a detrimental effect on children of prisoners, because a large …
The Third Wave's Break From Feminism,
2010
Elisabeth Haub School of Law at Pace University
The Third Wave's Break From Feminism, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
Janet Halley proves that third-wave feminism is wrong - wrongly described, that is. Young feminists in the United States tout a "third wave" of feminism that is hip, ironic and playful - the supposed opposite of the dour and strident "second wave" of 1970's feminism. Goodbye frumpy sandals; hello sexy fishnets, according to third-wave feminism. Initially young women themselves (and now writers and scholars) embraced a pervasive wave metaphor to convey the belief that differences within feminism are generational. Youth crashes against (and ultimately overtakes) its elders. But rifts within feminism cannot be so neatly explained. The story is more …
Relocation Revisited: Sex Trafficking Of Native Women In The United States,
2010
Mitchell Hamline School of Law
Relocation Revisited: Sex Trafficking Of Native Women In The United States, Sarah Deer
Faculty Scholarship
The Trafficking Victim Protection Act of 2000 (TVPA) signaled a comprehensive campaign by the United States (US) government to address the scourge of human trafficking in the US and abroad. The US rhetoric about sex trafficking suggests that the problem originates in foreign countries and/or is recent problem. Neither claim is correct. This article details the historical and legal context of sex trafficking from its origin among the colonial predecessors of the US and documents the commercial trafficking of Native women over several centuries. Native women have experienced generations of enslavement, exploitation, exportation, and relocation. Human trafficking is not just …
Converging Queer And Feminist Legal Theories: Family Feuds And Family Ties,
2010
Dalhousie University Schulich School of Law
Converging Queer And Feminist Legal Theories: Family Feuds And Family Ties, Elaine Craig
Articles, Book Chapters, & Popular Press
The notion that queer theory and feminism are inevitably in tension with one another has been well developed both by queer and feminist theorists. Queer theorists have critiqued feminist theories for being anti-sex, overly moralistic, essentialist, and statist. Feminist theorists have rejected queer theory as being un-critically pro-sex and dangerously protective of the private sphere. Unfortunately these reductionist accounts of what constitutes a plethora of diverse, eclectic and overlapping theoretical approaches to issues of sex, gender, and sexuality, often fail to account for the circumstances where these methodological approaches converge on legal projects aimed at advancing the complex justice interests …
Converging Queer And Feminist Legal Theories: Family Feuds And Family Ties,
2010
Dalhousie University Schulich School of Law
Converging Queer And Feminist Legal Theories: Family Feuds And Family Ties, Elaine Craig
Articles, Book Chapters, & Popular Press
The notion that queer theory and feminism are inevitably in tension with one another has been well developed both by queer and feminist theorists. Queer theorists have critiqued feminist theories for being anti-sex, overly moralistic, essentialist, and statist. Feminist theorists have rejected queer theory as being un-critically pro-sex and dangerously protective of the private sphere. Unfortunately these reductionist accounts of what constitutes a plethora of diverse, eclectic and overlapping theoretical approaches to issues of sex, gender, and sexuality, often fail to account for the circumstances where these methodological approaches converge on legal projects aimed at advancing the complex justice interests …
Introduction To 'Queer Theory: Law, Culture, Empire',
2010
Schulich School of Law, Dalhousie University
Introduction To 'Queer Theory: Law, Culture, Empire', Robert Leckey, Kim Brooks
Articles, Book Chapters, & Popular Press
This is the introduction to an edited collection. The book uses queer theory to examine the complex interactions of law, culture, and empire in relation to sexual minorities. Building on recent work on empire, it studies how law-reform efforts by sexual minorities can unwittingly advance imperial projects and how queer theory can itself show imperial ambitions. The book takes a contextual, socio-legal, comparative, and interdisciplinary approach. The authors - from five continents - study examples from Bollywood cinema to California’s 2008 marriage referendum. The chapters view a wide range of texts - from cultural productions to laws and judgments - …
The Sexual Assault Of Intoxicated Women,
2010
Allard School of Law at the University of British Columbia
The Sexual Assault Of Intoxicated Women, Janine Benedet
All Faculty Publications
This article considers how the criminal law of sexual assault in Canada deals with cases of women who have been consuming intoxicants (e.g. alcohol and or drugs). In particular, it considers under what circumstances the doctrines of incapacity to consent and involuntariness have been applied to cases in which the complainant was impaired by alcohol or drugs. It also reflects on problems of proof in such cases. Finally, it examines whether the treatment of this class of complaints tells us anything about the law’s understanding of consent, and capacity to consent, more generally, in the context of competing social understandings …
The Age Of Innocence: A Cautious Defence Of Raising The Age Of Consent In Canadian Sexual Assault Law,
2010
Allard School of Law at the University of British Columbia
The Age Of Innocence: A Cautious Defence Of Raising The Age Of Consent In Canadian Sexual Assault Law, Janine Benedet
All Faculty Publications
In 2008, Canada raised the age of consent to sexual activity with an adult from 14 years of age to 16. This change was motivated, in part, by several high profile cases of internet “luring” of younger teenagers. This article considers whether raising the age of consent has had any benefits. It begins by discussing the history and development of age of consent laws in Canada. The justification for a statutory age of consent has shifted from one based on the age at which a girl is deemed to be sexually available to one based on her capacity to give …
Forced Marriage As A Harm In Domestic And International Law,
2010
Allard School of Law at the University of British Columbia
Forced Marriage As A Harm In Domestic And International Law, Catherine Dauvergne, Jenni Millbank
All Faculty Publications
This article reports on our analysis of 120 refugee cases from Australia, Canada, and Britain where an actual or threatened forced marriage was part of the claim for protection. We found that forced marriage was rarely considered by refugee decision makers to be a harm in and of itself. This finding contributes to understanding how gender and sexuality are analysed within refugee law, because the harm of forced marriage is experienced differently by lesbians, gay men and heterosexual women. We contrast our findings in the refugee case law with domestic initiatives in Europe aimed at protecting nationals from forced marriages …
A Little More Mascara: Response To Making Up Is Hard To Do,
2010
Elisabeth Haub School of Law at Pace University
A Little More Mascara: Response To Making Up Is Hard To Do, Darren Rosenblum
Elisabeth Haub School of Law Faculty Publications
Response to the exploration of the dynamics of race, gender, and sexual orientation in the law school classroom by Professors Adrienne Davis and Robert Chang.
Rethinking International Women's Human Rights Through Eve Sedgwick,
2010
Elisabeth Haub School of Law at Pace University
Rethinking International Women's Human Rights Through Eve Sedgwick, Darren Rosenblum
Elisabeth Haub School of Law Faculty Publications
Since the death of Eve Kosofsky Sedgwick, I have wanted to honor her memory, and this panel is the perfect venue. Sedgwick's foundational understandings of sexuality, gender, and identity set the stage for much of my work and that of those I admire. My own work looks at how the state regulates gender in the “public” sphere. I attempt to challenge the tensions and intersections among international and comparative notions of equality and identity. Group identity constructions vary across cultural lines and conflict with liberal notions of universalist constitutionalism and equality. My current work, Unsex CEDAW: What's Wrong with Women's …
Discrimination Out Of Dismissiveness: The Example Of Infertility,
2010
Indiana University School of Law - Indianapolis
Discrimination Out Of Dismissiveness: The Example Of Infertility, David Orentlicher
Indiana Law Journal
In recent years, antidiscrimination theory and doctrine have rested heavily on the "anticaste" principle first invoked in Strauder v. West Virginia According to this principle, equal protection law and antidiscrimination statutes should eradicate public-and private-policies that subject some persons to ongoing stigma and subordination and therefore to second-class status in society. This Article argues that while a focus on stigma and subordination is important, it misses a key source of discrimination-the discriminationt hat arises from dismissiveness. Antidiscrimination law has recognized the need to overcome the discrimination that results from invidious bias, unfair stereotyping, irrational fear accumulated myths, or simple neglect.A …
'France' In An Encyclopedia Of Infanticide. Ed. Brigitte Bechtold And Donna Cooper Graves. Edwin Mellen Press, 2010. 105-107.,
2010
DePaul University
'France' In An Encyclopedia Of Infanticide. Ed. Brigitte Bechtold And Donna Cooper Graves. Edwin Mellen Press, 2010. 105-107., Sara L. Kimble
School of Continuing and Professional Studies Faculty and Staff Works
No abstract provided.
The Struggling Class: Replacing An Insider White Female Middle Class Dream With A Struggling Black Female Reality,
2010
Mississippi College School of Law
The Struggling Class: Replacing An Insider White Female Middle Class Dream With A Struggling Black Female Reality, Angela Mae Kupenda
Journal Articles
“What is the appropriate role of former outsiders who are now on the inside?” I propose that the appropriate role for an outsider who is now an insider, is not to sprawl out on plush, white, crushed velvet sofas, sipping vintage wines or imported teas and nibbling at aged cheese and delicate crackers while enjoying being one among a quota or token few that made it to the inside. Rather, the role of a former outsider is to go to work from the inside to dismantle the house, shrewdly using available tools to remove the nails from the walls, loosening …
Theorizing And Litigating The Rights Of Sexual Minorities,
2010
University of Missouri - Kansas City, School of Law
Theorizing And Litigating The Rights Of Sexual Minorities, Nancy Levit
Faculty Works
One of the best measures of a society is how it treats its vulnerable groups. A central idea in Professor Martha Nussbaum's writings is that all humans "are of equal dignity and worth, no matter where they are situated in society." The strategic challenge in lesbian, gay, bisexual and transgendered (LGBT) rights litigation is how to get courts to see sexual minorities as people worthy of equal dignity and respect. This article focuses on the roles of a positive emotion - love - and a procedural method of proof - science - in the shaping of laws defining the rights …
Sex In And Out Of Intimacy,
2010
University of Florida Levin College of Law
Sex In And Out Of Intimacy, Laura A. Rosenbury, Jennifer E. Rothman
UF Law Faculty Publications
The state has long attempted to regulate sexual activity by channeling sex into various forms of state-supported intimacy. Although commentators and legal scholars of diverse political perspectives generally believe such regulation is declining, the freedom to engage in diverse sexual activities has not been established as a matter of law. Instead, courts have extended legal protection to consensual sexual acts only to the extent such acts support other state interests, most often marriage and procreation. Although Lawrence v. Texas altered some aspects of that vision, it reinscribed others by suggesting that sexual activity should be protected from state interference only …
