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

Elizabeth Emens
Framing Disability
8.5 Inequalities in International Law
Popular and high art continue to depict disability as tragic or as comic. Resentment and
suspicion of the ADA’s benefits persists. Scholars criticize the courts’ narrowing of the
ADA, but such narrowing is unsurprising when the law seems out of step with common
sense. This paper tries to think creatively about ways to bring attitudes into step with law.
In particular, the paper focuses on moments when people make decisions that implicate
their future relation to disability. For example, how does law frame decisions to engage in
prenatal testing, to obtain a drivers license, or to enter the military The paper considers
what tools we might use to frame those decisions in ways that begin to shift attitudes to
disability away from the tragic or comic and into the forms of living in between.
8.6 Crossing the Boundaries of Intellectual Property
Megan M. Carpenter
Marketa Trimble
Drawing a Line in the Sand: When a Curator Becomes a Creator
Cybertravel
Peter K. Yu Moral Rights 2.0
8.7 Claiming the Shields: Law, Anthropology, and the Role of Storytelling in a NAGPRA Repatriation
Case Study
8.8 Shifting Lenses: Using Masculinities Theory to Inform Gendered Concepts of Race, Class and
National Origin in Employment Discrimination and Immigration Law
Ann McGinley
Ricci v. DeStefano: A Masculinities Analysis
Ann McGinley will discuss how masculinities studies, combined with feminist legal
theory, and other social sciences can shed new light on employment discrimination law.
She will use Ricci v. DeStefano to illustrate her point. While most see Ricci as purely a
race discrimination case, there are important gender and class issues that masculinity
theory can expose. This example focuses on masculinity studies and relationships among
men, but illustrates that without understanding these relationships and the subordinate
position that women occupy as a result of these relationships, feminist and masculinities
theorists will continue to live and work in separate silos.
Leticia M. Saucedo
Border Crossing Stories and Masculinities
Immigration law, race-neutral on its face, is viewed by critics as having deep racial and
national-origin-based effects. Thus far, however, the critical analysis of immigration law
has not gone far beyond the race/ethnicity paradigm as a prism through which to identify
its detrimental and disproportionate effects. Masculinities theory allows us to identify the
particularly gendered responses to restrictions in immigration law that many argue are
directed at particular populations, most recently Mexicans and Central Americans. Using
a set of interviewees’ border crossing stories I explore how masculinity theories explain
the dynamics between law and behavior in the immigration context and show how
masculinities studies can provide insight into how migrants respond to restrictive
immigration laws.
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