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 …
Shift Happens: The U.S. Supreme Court's Shifting Antidiscrimination Rhetoric,
2010
University of Arkansas at Little Rock William H. Bowen School of Law
Shift Happens: The U.S. Supreme Court's Shifting Antidiscrimination Rhetoric, Theresa M. Beiner
Law Faculty Scholarship
The United States Supreme Court’s discourse on discrimination affects how fundamental civil rights - such as the right to be free from gender and race discrimination - are adjudicated and conceptualized in this country. Shortly after Congress passed Title VII of the Civil Rights Act of 1964, the Court established precedent that assumed discrimination, absent some other compelling explanation for employer conduct. While the Court was more reluctant to presume such discrimination by governmental actors, it was deferent to Congress’s ability to set standards that would presume discrimination. Over time, however, that presumption and the Court’s deference to Congress has …
Symposium Foreword: Applied Feminism And Marginalized Communities,
2010
University of Baltimore School of Law
Symposium Foreword: Applied Feminism And Marginalized Communities, Michele E. Gilman
University of Baltimore Law Review
No abstract provided.
Returning Home: Women In Post-Conflict Societies,
2010
George Washington University Law School
Returning Home: Women In Post-Conflict Societies, Naomi Cahn, Dina Haynes, Fionnuala Ní Aoláin
University of Baltimore Law Review
No abstract provided.
Reflections On Judging Mothering,
2010
New York University School of Law
Reflections On Judging Mothering, Chris Gottlieb
University of Baltimore Law Review
No abstract provided.
A Co-Parent Win In Nebraska,
2010
New York Law School
A Co-Parent Win In Nebraska, Arthur S. Leonard
Other Publications
No abstract provided.
'Struck' By Stereotype: Ruth Bader Ginsburg On Pregnancy Discrimination As Sex Discrimination,
2010
Texas A&M University School of Law
'Struck' By Stereotype: Ruth Bader Ginsburg On Pregnancy Discrimination As Sex Discrimination, Neil S. Siegel, Reva B. Siegel
Faculty Scholarship
This is an attempt at recovery. This Essay hopes to call attention to then-Professor Ruth Bader Ginsburg's merits brief in Struck v. Secretary of Defense. The brief has been under appreciated in part because the Supreme Court declined to decide the case. But anyone seeking to understand the origins and nature of Justice Ginsburg's views on sex discrimination would be well advised to read this brief. So would anyone interested in reimagining the bounds of constitutional possibility in the realm of gender equality.
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 - …
Pregnant Man?: A Conversation,
2010
Pace Law School
Pregnant Man?: A Conversation, Darren Rosenblum, Noa Ben-Asher, Mary Anne Case, Elizabeth F. Emens, Berta E. Hernández-Truyol, Vivian M. Gutierrez, Lisa C. Ikemoto, Angela Onwuachi-Willig, Jacob Willig-Onwuachi, Kimberly Mutcherson, Peter Siegelman, Beth Jones
Faculty Scholarship
I'm a law professor who works on gender, sexuality, and culture in the international and comparative context. That's my head working. In "real" life, my partner, Howard, and I have been engaged in having a baby together for several years, a project that came to fruition with the birth of our daughter Melina. Of course, such a project evokes intensely complex feelings and thoughts. Beyond a simple transposition of the personal onto the political, I feel so fortunate to have engaged in myriad conversations with a variety of friends and colleagues who think much more carefully about the family and …
Rescuing Trafficking From Ideological Capture: Prostitution Reform And Anti-Trafficking Law And Policy,
2010
American University Washington College of Law
Rescuing Trafficking From Ideological Capture: Prostitution Reform And Anti-Trafficking Law And Policy, Janie Chuang
Scholarly Articles in Law Reviews & Journals
In the decade since it became a priority on the United States' national agenda, the issue of human trafficking has spawned enduring controversy. New legal definitions of “trafficking” were codified in international and U.S. law in 2000, but what conduct qualifies as “trafficking” remains hotly contested. Despite shared moral outrage over the plight of trafficked persons, debates over whether trafficking encompasses voluntary prostitution continue to rend the anti-trafficking advocacy community - and are as intractable as debates over abortion and other similarly contentious social issues. Attempts to equate trafficking with slavery invite both disdain and favor: they are often rejected …
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 …
Women In Antebellum Alachua County, Florida,
2010
University of North Florida
Women In Antebellum Alachua County, Florida, Herbert Joseph O'Shields
UNF Graduate Theses and Dissertations
The purpose of this study was to investigate the role and status of women in Alachua County, Florida, from 1821 through 1860. The secondary literature suggests that women throughout America had virtually no public role to play in antebellum society except in limited circumstances in some mature urban, commercial settings. The study reviewed U.S. Census materials, slave ownership records, and land ownership records as a means to examine the family structures, the mobility and persistence of persons and households, and the economic status of women, particularly including woman headed households. The study also examined laws adopted by the Florida legislative …
Do Ugly Criminals Receive Harsher Sentences? An Analysis Of Lookism In The Criminal Justice System,
2010
Ursinus College
Do Ugly Criminals Receive Harsher Sentences? An Analysis Of Lookism In The Criminal Justice System, Kelly Beck
Business and Economics Honors Papers
For many years, researchers have attempted to find a link between beauty and labor market outcomes. Although many important findings have been noted in these studies, the beauty analysis utilized was a subjective measurement. This subjective method, while important, may have external factors creating bias in the rating itself. In this study, the impact of beauty is applied to criminals and their sentences. Using a computer based symmetry measurement tool, an objective beauty measurement will be utilized. This study will seek to uncover whether or not criminals who are less attractive, measured through facial symmetry, receive harsher prison sentences than …
