Janet Halley and Andrew Parker Introduction
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An Unreconstructed Ode to Eve Sedgwick (And Others) Brenda Cossman
Queering Queer Legal Studies: An Unreconstructed Ode to Eve Sedgwick (and Others) Brenda Cossman Abstract The essay explores the extant field queer legal studies and maps the multiple meanings of “queer” deployed within it. I distinguish queer from LGBT, but resist any further disciplining of the term. I propose instead an understanding of queer legal studies as a sensibility. Neither a prescription nor a pronouncement, the article is written as an ode to Eve Sedgewick, her axioms and her reparative readings. I offer the essay as a celebration of queer legal studies to date and of its hopeful potentialities into an unknown future. I. Axiom 1: Queer legal theory exists. There is a body of queer legal studies. It is not part of a fantastical yet to be realized future. It is found in the oft-cited works of Francisco Valdes,1 Carl Stychin,2 Kendall Thomas,3 and Janet Halley.4 But, there is so much more. And it exists independently of what might be called LGBT legal studies. I begin with the assertion that queer legal theory exists because many who write queer legal theory begin with a counter-assertion—that there is little or no queer legal scholarship.5 The claim is puzzling. My discomfort with the claim is perhaps based in unrequited love, as I would locate my own work for the last two decades within the tradition of queer legal studies. Professor of Law, University of Toronto. I am indebted to Joseph Fischel for his generous and razor sharp engagement with this essay. 1 Francisco Valdes, Queers, Sissies, Dykes, and Tomboys: Deconstructing the Conflation of “Sex,” “Gender,” and “Sexual Orientation” in Euro-American Law and Society, 83 Cal. -
Theorising Affect, Rethinking Methods (Re)Envisioning the Social
Graduate Journal of Social GJSS Science Theorising Affect, Rethinking Methods and (Re)Envisioning the Social edited by Matthew Bakko and Sibille Merz Volume 11, Issue 1 – February 2015 http://gjss.org Graduate Journal of Social GJSS Science Graduate Journal of Social Science February 2015, Vol. 11, Issue 1 Editors: Arpita Das, The Asian-Pacific Resource & Research Centre for Women Remi Salisbury, Centre for Ethnicity and Racism Studies, University of Leeds, UK [email protected] Guest Editors: Matthew Bakko, Washington University in St. Louis, US Sibille Merz, Goldsmiths, University of London, UK Copy Editor: Nadia Hai, University of Calgary, Canada Web Editor: Michael En, University of Vienna, Austria Layout & Design Editor: Boka En, University of Vienna, Austria Cover Image: Katrin Streicher – www.katrinstreicher.com The Graduate Journal of Social Science (ISSN: 1572-3763) is an open-access online journal focusing on methodological and theoretical issues of interdisciplinary rele- vance. The journal publishes two issues per year, one of which is thematic and one of which groups innovative and instructive papers from all disciplines. GJSS welcomes submissions from both senior and junior academics, thus providing a forum of pub- lication and exchange among different generations engaged in interdisciplinary re- search. GJSS is published by EBSCO publishing. For subscription inquiries, requests, and changes, please contact [email protected]. All the content and downloads are published under the Creative Commons Attribu- tion-NoDerivs 3.0 license. -
The Socratic Method in the Age of Trauma
THE SOCRATIC METHOD IN THE AGE OF TRAUMA Jeannie Suk Gersen When I was a young girl, the careers I dreamed of — as a prima ballerina or piano virtuoso — involved performing before an audience. But even in my childhood ambitions of life on stage, no desire of mine involved speaking. My Korean immigrant family prized reading and the arts, but not oral expression or verbal assertiveness — perhaps even less so for girls. Education was the highest familial value, but a posture of learning anything worthwhile seemed to go together with not speak- ing. My incipient tendency to raise questions and arguments was treated as disrespect or hubris, to be stamped out, sometimes through punish- ment. As a result, and surely also due to natural shyness, I had an almost mute relation to the world. It was 1L year at Harvard Law School that changed my default mode from “silent” to “speak.” Having always been a student who said nothing and preferred a library to a classroom, I was terrified and scandalized as professors called on classmates daily to engage in back-and-forth dia- logues of reasons and arguments in response to questions, on subjects of which we knew little and on which we had no business expounding. What happened as I repeatedly faced my unwelcome turn, heard my voice, and got through with many stumbles was a revelation that changed my life. A light switched on. Soon, I was even volunteering to engage in this dialogue, and I was thinking more intensely, independently, and enjoyably than I ever had before. -
Trading the Megaphone for the Gavel in Title IX Enforcement
Trading the Megaphone for the Gavel in Title IX Enforcement The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation Janet Halley, Trading the Megaphone for the Gavel in Title IX Enforcement, 128 Harv. L. Rev. F. 103 (2015). Published Version http://cdn.harvardlawreview.org/wp-content/uploads/2015/02/ vol128_Halley_REVISED_2.17.pdf Citable link http://nrs.harvard.edu/urn-3:HUL.InstRepos:16073958 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Other Posted Material, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#LAA TRADING THE MEGAPHONE FOR THE GAVEL IN TITLE IX ENFORCEMENT Janet Halley∗ When feminist advocates on campus sexual assault “speak truth to power,” they speak for (and often as) victims and survivors. In that position, it’s perfectly fair for them to pick and choose the constituen- cies to which they give voice. They can and should specialize. But as feminists issue a series of commands from within the federal gov- ernment about what the problem of campus sexual violence is and how it must be handled, and as they build new institutions that give life to those commands, they become part of governmental power. Now that they have the power to adjudicate cases and determine sanc- tions, they are facing the full range of cases. For those feminists — and I would argue they should include, by now, the advocacy branch — the days of specialization should be over. -
Rethinking International Women's Human Rights Through Eve Sedgwick
Pace University DigitalCommons@Pace Pace Law Faculty Publications School of Law 2010 Rethinking International Women's Human Rights Through Eve Sedgwick Darren Rosenblum Elisabeth Haub School of Law at Pace University Follow this and additional works at: https://digitalcommons.pace.edu/lawfaculty Part of the Human Rights Law Commons, International Law Commons, and the Law and Gender Commons Recommended Citation Darren Rosenblum, Rethinking International Women's Human Rights Through Eve Sedgwick, 33 Harv. J. L. & Gender 349 (2010), http://digitalcommons.pace.edu/lawfaculty/737/. This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Faculty Publications by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. RETHINKING INTERNATIONAL WOMEN'S HUMAN RIGHTS THROUGH EVE SEDGWICK DARREN ROSENBLUM* Thanks to Janet Halley and Jeannie Suk for organizing this amazing workshop. Since the death of Eve Kosofsky Sedgwick, I have wanted to honor her memory, and this panel is the perfect venue. Sedgwick's founda-founda tional 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.'sphere. I I attempt to challenge the tensions and intersections among interna-interna tional and comparative notions of equality and identity.2identity. 2 Group identity concon- structions vary across cultural lines and conflict with liberal notions of universalist constitutionalism and equality.'equality.3 My current work, Unsex CEDAW: What's Wrong with Women's Rights,4Rights,4 continues the exploration of identity in focusing on an interrogation of the term "women" as deployed by international law in the Convention for the Elimination of All Forms of Dis-Dis crimination Against Women ("CEDAW"). -
Fairness for All Students Under Title IX
Fairness For All Students Under Title IX The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation Elizabeth Bartholet, Nancy Gertner, Janet Halley & Jeannie Suk Gersen, Fairness For All Students Under Title IX (Aug. 21, 2017). Citable link http://nrs.harvard.edu/urn-3:HUL.InstRepos:33789434 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Other Posted Material, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#LAA Fairness for All Students FAIRNESS FOR ALL STUDENTS UNDER TITLE IX Elizabeth Bartholet, Nancy Gertner, Janet Halley and Jeannie Suk Gersen August 21, 2017 We are professors at Harvard Law School who have researched, taught, and written on Title IX, sexual harassment, sexual assault, and feminist legal reform. We were four of the signatories to the statement of twenty eight Harvard Law School professors, published in the Boston Globe on October 15, 2014, that criticized Harvard University’s newly adopted sexual harassment policy as “overwhelmingly stacked against the accused” and “in no way required by Title IX law or regulation.” We welcome the current opportunity to assess the response to campus sexual harassment, including sexual assault. In the past six years, under pressure from the previous Administration, many colleges and universities all over the country have put in place new rules defining sexual misconduct and new procedures for enforcing them. While the Administration’s goals were to provide better protections for women, and address the neglect that prevailed before this shift, the new policies and procedures have created problems of their own, many of them attributable to directives coming from the Department of Education’s Office for Civil Rights (OCR). -
Stitched Ripped, Ripped Stitched
Stitched Ripped, Ripped Stitched Crafting A Queer Utopia In A Post-Truth Paradise Dominique van den Broek | 6229115 Utrecht University Gender Studies MA Supervisor | Dr. I.J.M. Lazaroms Second reader | Dr. K.B. Smiet Words | 14.981 Do you want the truth or something beautiful? Just close your eyes and make believe Do you want the truth or something beautiful? I am happy to deceive you Sacred lies, and telling tales I can be who you want me to be Sacred lies, and telling tales I can be who you want me to be But do you want me? Paloma Faith, Do You Want The Truth or Something Beautiful? (2009) I would like to thank dr. I.J.M. Lazaroms for her support during my internship period and writing this thesis, dr. K.B. Smiet for being my second reader and her enthusiasm for my topic choice, Marjan and Natasja for their patience, insights and inspiration, and Sarah for her unconditional love. I dedicate this thesis to Maria Cornelia ‘Miep’ Jaakke-Dekker. 1 2 Abstract Join us and die or die and join us: there seems to be no way out of the current populist right-wing political climate in Northern America and (Western) Europe. Post-truths are used to further polarise individuals and/or groups and death has become part of a ‘feel good’ fiction. While politicians like Thierry Baudet and Donald Trump envision a ‘revived’ Western Paradise, the other is left depressed; failing to live within the capitalist narrative of positive straight continuity. However, instead of framing this state of depression and failure as inevitable, this thesis, using the work of Ann Cvetkovich and Jack Halberstam, conceptualises negativity and immobility as a way to deconstruct and re/think this positive straight continuity in favour of crafting something else: utopia. -
Does Law Have an Outside? Janet E
Osgoode Hall Law School of York University Osgoode Digital Commons Research Papers, Working Papers, Conference Comparative Research in Law & Political Economy Papers Research Report No. 2/2011 Does Law Have an Outside? Janet E. Halley Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/clpe Recommended Citation Halley, Janet E., "Does Law Have an Outside?" (2011). Comparative Research in Law & Political Economy. Research Paper No. 2/2011. http://digitalcommons.osgoode.yorku.ca/clpe/42 This Article is brought to you for free and open access by the Research Papers, Working Papers, Conference Papers at Osgoode Digital Commons. It has been accepted for inclusion in Comparative Research in Law & Political Economy by an authorized administrator of Osgoode Digital Commons. OSGOODE HALL LAW SCHOOL Comparative Research in Law & Political Economy RESEARCH PAPER SERIES Research Paper No. 2/2011 Does Law Have an Outside? Janet Halley Editors: Peer Zumbansen (Osgoode Hall Law School, Toronto, Director, Comparative Research in Law and Political Economy) John W. Cioffi (University of California at Riverside) Lisa Philipps (Osgoode Hall Law School, Associate Dean Research) Nassim Nasser (Osgoode Hall Law School, Toronto, Production Editor) 2 OSGOODE CLPE RESEARCH PAPER SERIES [VOL. 07 NO. 01 Osgoode CLPE Research Paper 44/2010 Vol. 06 No. 10 (2010) Janet Halley* Does Law Have an Outside? Abstract: I’ve been pondering this problem as I participated in this sparking conference titled “Beyond the Law”: What, if anything, is “beyond the law”? The better parent’s risk aversion; the propertyless man’s hunger: should we insist that these are non‐legal attributes about these characters which interact with legal rules to condition legally important decisions? Are they inside or outside of the law? We can think of it either way. -
Gender and Sexuality
Topics in Advanced Performance Studies: Gender and Sexuality Prof. Robin Bernstein Studies of Women, Gender, and Sexuality (SWGS) 1433 Harvard University Fall 2011, Wednesdays 1-3 pm, Sever Hall 204 Prof. Bernstein’s email: <rbernst@fas> Office: Boylston G31 Office hours: Wednesdays 9-10:30 am Phone: 617.495.9634 This course takes students to the cutting edge of queer theory and performance studies. We engage with three themes that are currently under urgent debate in queer theory: antisociality and utopia, affect and touch, and history and time. As we explore these themes, we ask, where are queer theory and performance studies intersecting—and not? Where and how can we bring them together? What happens when we do so? How might queer theory and performance studies productively challenge each other? Our goal is to form an interpretive community to wrestle with texts that are utterly current—texts whose meanings and implications have not yet been sedimented through repeated acts of reading. Thus we join with reading communities near and far that are also grappling with these recent texts; and we participate in the global project of theorizing queerness and performance. Assignments and requirements: Thoughtful, engaged, and respectful classroom participation 25% Performance Exercises (two exercises, 15% each; various dates) 30% Mid-semester Paper, due Monday, October 3 10% Proposal for Final Project, due November 9 (graded full credit/no credit) 5% Final Project, due Monday, December 12 30% Performance Exercise: In this exercise, you will place our reading in direct conversation with a performance. Students will work in teams of two to bring into the classroom a performance—live or mediated—that relates in some complex way to one or more of the week’s reading assignments. -
Queerness, Norms, Utopia
Introduction QUEERNESS, NORMS, UTOPIA Jordana Rosenberg and Amy Villarejo Queer studies and the crises of capitalism. The title of this special issue begs a number of questions at once. The first is historical: which crises? The second is methodological: what has queer studies to do with the crises of capitalism? And the third is speculative: how might a methodology attuned to both sexuality and the specificities of capitalist crisis orient us toward a world other than the one in which we find ourselves currently mired? As to the first question, we begin by noting that crisis is endemic to the functioning of capitalism and has been since its inception. By this we mean not just that capitalism typically produces speculative bubbles and crashes — though it has, at least since the seventeenth century.1 More specifically, we emphasize the degree to which capitalism routinely experiences limits to accumulation in the form of resistance on the part of labor, technological and political hurdles, geographic challenges, and so on.2 Such crises do not, in themselves, signal the death knell of capitalism. Quite the opposite. Anyone living through the last five (or forty) years knows well how the specter of crisis has resulted in the increased centralization of capital in the hands of the rich, the justification of brutal cuts to budgets and services, and the shifting of media attention from ten years of war and plunder to the minutiae of the market. “Crisis,” then, is not new. Rather, it is a tried- and- true tactic of the consolidation of class power and imperialist nation- alism that extends back at least to the Panic of 1893. -
Rape at Rome: Feminist Interventions in the Criminalization of Sex-Related Violence in Positive International Criminal Law
Michigan Journal of International Law Volume 30 Issue 1 2008 Rape at Rome: Feminist Interventions in the Criminalization of Sex-Related Violence in Positive International Criminal Law Janet Halley Harvard Law School Follow this and additional works at: https://repository.law.umich.edu/mjil Part of the Human Rights Law Commons, Law and Gender Commons, Military, War, and Peace Commons, and the Organizations Law Commons Recommended Citation Janet Halley, Rape at Rome: Feminist Interventions in the Criminalization of Sex-Related Violence in Positive International Criminal Law, 30 MICH. J. INT'L L. 1 (2008). Available at: https://repository.law.umich.edu/mjil/vol30/iss1/1 This Article is brought to you for free and open access by the Michigan Journal of International Law at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of International Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. RAPE AT ROME: FEMINIST INTERVENTIONS IN THE CRIMINALIZATION OF SEX-RELATED VIOLENCE IN POSITIVE INTERNATIONAL CRIMINAL LAWt Janet Halley* INTRODUCTION TO "GOVERNANCE FEMINISM" ...................................... 3 I. THE ICTY AND ICTR STATUTES AND THE ROME STATUTE SEEN SYNOPTICALLY ................................................. 8 A. The ICTY and ICTR Statutes and the Rome Statute as Events in Tim e ............................................................... 8 B. Feminist OrganizationalCapacity and Rhetorical Strategy .......................................................... 12 1. The Emergence of GFeminism as an Important NG Force ................................................. 12 2. The Emerging Genres of GFeminist Rhetoric .......... 26 II. FEMINIST GOALS, SUCCESSES, AND DEFEATS IN THE STATUTORY PROCESSES .................................................... 49 A. The Legal Backdrop ........................................................ 51 B. -
A Rising Tide: Learning About Fair Disciplinary Process from Title IX
822 A Rising Tide: Learning About Fair Disciplinary Process from Title IX Alexandra Brodsky Introduction In the fall of 2016, the Department of Education’s Office for Civil Rights (OCR) announced that Wesley College had violated Title IX of the 1972 Education Amendments when it mistreated a student accused of sexual assault.1 According to the OCR, four male students at the Delaware college were accused of livestreaming a fellow student having sex, without her consent. One of those students never received information from the school about the accusation or the available evidence. He was invited to attend an informal educational meeting only to discover the “chat” was in fact a disciplinary hearing. Casual observers may have been surprised to hear the Education Department stood up for an alleged assailant. A popular public narrative suggests that advocates for victims’ rights and for accused students are locked in an intractable conflict, with the Obama presidency favoring the former and the Trump presidency sure to switch teams. The story is wrong—and that matters for all students. The decades-old movement to end campus gender violence achieved unprecedented attention and power during the course of Barack Obama’s presidency. Student organizers, many of whom publicly identify as survivors, used a combination of legal complaints, public protest, and powerful narratives to pressure their schools—often successfully—to change their approach to Alexandra Brodsky is a civil rights attorney representing students. My thanks go to Mike Wishnie for his guidance, thoughtful editing, and encouragement, to Nancy Chi Cantalupo and Kelly Moore for their generous feedback on early drafts, and to Alec Schierenbeck for his careful eye and sharp instincts.