Summer 1999 ~Tanfor~ Law ~C~Ool [Xecutive [~Ucation Programs
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
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. -
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. -
America's Constitutional Narrative
America’s Constitutional Narrative Laurence H. Tribe Abstract: America has always been a wonderfully diverse place, a country where billions of stories span- ning centuries and continents converge under the rubric of a Constitution that unites them in an ongoing narrative of national self-creation. Rather than rehearse familiar debates over what our Constitution means, this essay explores what the Constitution does. It treats the Constitution as a verb–a creative and contested practice that yields a trans-generational conversation about the meaning of our past, the im- Downloaded from http://direct.mit.edu/daed/article-pdf/141/1/18/1830095/daed_a_00126.pdf by guest on 25 September 2021 peratives of our present, and the values and aspirations that should point us toward our future. And it meditates on how this practice, drawing deeply on the capacious wellsprings of text and history, simulta- neously reinforces the political order and provides a language for challenging its legitimacy, thereby con- stituting us as “We, the People,” joined in a single project framed centuries ago that nevertheless remains inevitably our own. What is the Constitution? This question has puzzled many of its students and conscripted whole forests in the service of books spelling out grand theories of constitutional meaning. In their quest to resolve this enigma, scholars have power- fully illuminated both the Constitution’s inescap- LAURENCE H. TRIBE, a Fellow of able writtenness and its unwritten extensions, its the American Academy since 1980, bold enumeration of rights and its construction of is the Carl M. Loeb University Pro- structural protections lest those rights become fessor and Professor of Constitu- mere “parchment barriers,” and the centuries-long tional Law at Harvard Law School. -
Janet Halley and Andrew Parker Introduction
Janet Halley and Andrew Parker Introduction To be honest, we didn’t know what to expect when we asked potential contributors to this issue of SAQ to assess the current state of queer think- ing by reflecting on, among other things, what in their work isn’t queer. Though we couldn’t pre- dict what our authors would make of this ques- tion, we had a variety of reasons for posing it in these terms. In the first place, we’d been hearing from some quarters that queer theory, if not already passé, was rapidly approaching its expiration date, and we wanted to learn from others whether or how this rumor might be true.1 We knew, of course, that the activist energies that helped to fuel queer academic work in the United States have declined sharply since the early 1990s, when the books that would become foundational for queer theory first began to appear.2 With Gender Trouble and Epistemology of the Closet now close to reaching their age of majority, it didn’t entirely surprise us that a recent issue of a journal could ask, “What’s Queer about Queer Studies Now?”—with now an obviously pointed way of announcing a depar- ture from earlier habits of thought.3 But the authors around whom queer theory crystallized seem to have spent the past decade distancing South Atlantic Quarterly 106:3, Summer 2007 DOI 10.1215/00382876-2007-001 © 2007 Duke University Press Downloaded from http://read.dukeupress.edu/south-atlantic-quarterly/article-pdf/106/3/421/469893/SAQ106-03-01HalleyFpp.pdf by guest on 02 October 2021 422 Janet Halley and Andrew Parker themselves -
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. -
Editor's Letter
Editor’s Letter Every quarter when it is time to prepare the next Newsletter for distribution, my husband asks me why I ever agreed to do this, given the hours it takes, and given that I usually demur on my other duties around the house. It’s never been a question for me: the desire to give back to an organization that gave me such a unique and enriching experience is overwhelming. Especially now that I have Ien Cheng, our new Deputy Editor to help share the responsibilities of putting these issues together. Ien comes to us with more publishing experience than anyone else on the team, Ushma Savla Neill,Neill Managing Editor having served as Publisher and Managing Editor of FT.com and now chief of staff of Bloomberg’s global multimedia group. (Northwestern, BS 996, MS 996, Ph.D. 1999; Sherfield Postdoctoral Fellow, Impe- Together, the contributors below and I bring you another spectacular issue featuring some extraordinary individuals. Bryan Leach profiles Kathleen Sullivan (Oxford ’76), rial College 1999) As a Marshall Sherfield who has served as AMS President and Dean of Stanford Law School and was the Fellow, Ushma studied the mechanics of the first woman to become a named partner at one of America’s 200 largest law firms. vascular system at Imperial College, Lon- Nick Hartman got a chance to talk to 3 alumni who are launching their careers in don. She returned to the US in 2001, and diplomacy – in Sudan and in the Middle East. We also feature an update on the after 2 years as an editor at the biomedical shenanigans of the class of 2010 from the class secretary Aroop Mukharji. -
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). -
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. -
The Discourse Ethics Alternative to Rust V. Sullivan Gary Charles Leedes University of Richmond
University of Richmond Law Review Volume 26 | Issue 1 Article 4 1991 The Discourse Ethics Alternative to Rust v. Sullivan Gary Charles Leedes University of Richmond Follow this and additional works at: http://scholarship.richmond.edu/lawreview Part of the Legal Ethics and Professional Responsibility Commons Recommended Citation Gary C. Leedes, The Discourse Ethics Alternative to Rust v. Sullivan, 26 U. Rich. L. Rev. 87 (1991). Available at: http://scholarship.richmond.edu/lawreview/vol26/iss1/4 This Article is brought to you for free and open access by the Law School Journals at UR Scholarship Repository. It has been accepted for inclusion in University of Richmond Law Review by an authorized editor of UR Scholarship Repository. For more information, please contact [email protected]. THE DISCOURSE ETHICS ALTERNATIVE TO RUST v. SULLIVAN Gary Charles Leedes* TABLE OF CONTENTS I. INTRODUCTION .................................... 88 II. A CRITICAL EXAMINATION OF RUST V. SULLIVAN ...... 91 A. Overview of the So-Called Gag Rule Regulations 91 B. A Closer Look at the Content and Context of the R egulations ................................. 92 1. Historical Background of Title X Regulations 92 2. The New Regulations ..................... 94 III. THE LIMITATIONS OF LEGAL THEORY ................ 98 A. The Impotence of Legal Scholarship .......... 98 1. The Critical Legal Studies Movement ...... 98 2. The Law and Economics Approach ........ 99 3. Process-Oriented Theory .................. 100 4. Rights-Oriented Jurisprudence ............ 101 5. Communitarianism ....................... 101 6. The Law and Literature Movement ........ 102 7. Do Theories Have Consequences? . 103 B. A Half-Hearted Doctrine of Unconstitutional Conditions .................................. 105 C. The Paradigms of Positivism and of Communicative Action Compared ............ -
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. -
Foreword: Loving Lawrence
Michigan Law Review Volume 102 Issue 7 2004 Foreword: Loving Lawrence Pamela S. Karlan Stanford Law School Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Fourteenth Amendment Commons, Jurisprudence Commons, Sexuality and the Law Commons, and the Supreme Court of the United States Commons Recommended Citation Pamela S. Karlan, Foreword: Loving Lawrence, 102 MICH. L. REV. 1447 (2004). Available at: https://repository.law.umich.edu/mlr/vol102/iss7/1 This Colloquium is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. FOREWORD: LOVING LAWRENCE Pamela S. Karlan* When you come to a fork in the road, take it. - Lawrence Peter (Yogi) Berra Two interracial couples. Two cases. Two clauses. In Loving v. Virginia,1 the Supreme Court struck down a Virginia statute outlawing interracial marriage. In Lawrence v. Texas,2 the Court struck down a Texas statute outlawing sexual activity between same-sex individuals. Each case raised challenges under both the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment. Loving marked the crystallization, a dozen years after Brown,3 of the antisubordination principle: Virginia's law ran afoul of the Equal Protection Clause because it reflected nothing more than arbitrary and invidious discrimination "designed to maintain White Supremacy."4 In reaching that conclusion, the Court employed a then-novel formulation: strict scrutiny.5 Chief Justice Warren noted that in cases * Kenneth and Harle Montgomery Professor of Public Interest Law, Stanford Law School.