2011 Conference Program (PDF) - Syracuse University College of Law

Diana Jane Young
Gender and Authenticity: Cross-Dressing in Popular Films
Historically there have been numerous cases where individuals have been subjected to
legal sanctions for assuming the identity of the opposite sex. Such cases suggest that it
may be difficult to distinguish between the idea of gender performance as the selfconscious
projection of an image designed to deceive others, performance as
determinative of gender, and performance as essential to agency. The concern that socalled
cross-dressers deceive another individual or society at large through such
performance seems to assume an authentic “self”, determined by relatively immutable
physical characteristics, which one then chooses to conceal from the world. In Billy
Wilder’s 1959 film, Some Like it Hot, the men who impersonate women as a means of
survival trouble the concept of gender as authentic identity, particularly as played against
the “real” woman played by Marilyn Monroe - an iconic figure of femininity which
seems itself to be an assumed identity.
7.10 Gender, Law and Literature: McFarland v. Stump in Law and in Literature
8.1 20 Years of Law and Order
8.2 Jacques Derrida’s The Beast and the Sovereign
8.3 Law in the Liberal Arts
8.4 On the Boundaries of Personhood: Thinking About Capacity
Elizabeth Adjin-Tettey
Medical Paternalism and the Rights of Children and Parents Regarding Medical
Decisions
Frequently, a child’s or parent’s refusal of medical treatment is inherently suspect, even
where s/he is deemed capable of consenting to medical intervention. The paper examines
conceptualizations of childhood, capacity, the “good life” and how they underlie
limitations on the right to refuse medical intervention in Canadian case law. The paper
asks in particular whether these conceptualizations justify authorizing medical
intervention despite a child’s objections, particularly in light of the social construction of
adulthood
Freya Kodar
Selective Justice: Invoking Crown Immunity in Historical Abuse Claims
In the last two decades, Canadian courts and legislatures have been faced with many
historical abuse claims as survivors sought redress. While there have been a number of
developments that assist survivors in their claims, a recent British Columbia class action
settlement raises a number of issues for historical abuse litigants. The Woodlands School
Settlement Agreement excluded historical abuse claims arising before August 1, 1974 -
the commencement date of British Columbia’s Crown Proceedings Act - effectively
splitting the claimant class. The invocation of Crown immunity appears to be yet another
strategy for avoiding liability for the victimization of children placed in vulnerable
situations pursuant to state action and because of their marginalized status. This paper
explores the rationale behind this strategy, the frequency of its use, and its effect on
survivors of historical abuse, asking in particular whether it further marginalizes
claimants from particular backgrounds.
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