Liberty, Protection, and Women's Work: Investigating the Boundaries between Public and Private

During the Progressive Era, the U. S. state and federal courts considered constitutional challenges to protective labor legislation. While courts often struck down generalized protective legislation, they frequently upheld such legislation for women. I explore the reasoning in the cases decided between 1897 and 1923, showing that the courts developed understandings of liberty for women that differed from those for men. In opposition to traditional separate spheres reasoning, I show that the courts viewed men's exercise of liberty as depending on their private capacities to be free, while women's labor was subject to public control due to state interest in their reproductive capacities. I suggest that constitutional theorists who are studying substantive due process should place more emphasis on courts'conceptions of the subjects of due process guarantees rather than considering solely the challenged statutes'restriction of liberty. I develop a dynamic and complex understanding of liberty to capture this aspect of the relationship between constitutional theory and gender.     

Violent victimization and involvement in delinquency: Examining predictions from general strain theory

In a recent critique and elaboration of general strain theory, Agnew (2001) argued that criminal victimization might be among the most consequential strains experienced by adolescents, and therefore might be an important cause of delinquency. Few studies to date, however, had examined victimization as a potential cause—rather than outcome—of delinquency. This article addresses this void by examining predictions from general strain theory about the effects of victimization on later involvement in delinquency. The analyses indicated that violent victimization significantly predicted later involvement in delinquency, even when controlling for the individual's earlier involvement in delinquency. Moreover, general strain theory appears to be a useful theoretical framework for examining this relationship. The effects of victimization on delinquency were explained in part by its effects on anger (the key intervening variable specified by the theory). Partial support also emerged for the theory's hypothesis that the effects of strain should be conditional upon other factors. Specifically, the effects of victimization were marginally greater for juveniles with weak emotional attachment to their parents and significantly greater for those low in self-control.     

The teacher's tale: On teaching women's studies

The teaching of Women's Studies is beset with difficulties as much as rewards: in this brief article some reflections are offered on the experience of being a teacher on a Women's Studies course. It is suggested that teaching Women's Studies often differs from teaching more conventional disciplines, but that this offers a chance for academic innovation.     

The Protection of Geographical Indications After Doha: Quo Vadis?

During the last twenty years the international protection ofgeographical indications (GIs) has experienced a worldwide resurgencespurred by both the greater need and the additional opportunitiesoffered by the global marketplace for the diversification ofagricultural products and foodstuffs. The Doha Ministerial Declarationlends support to developing countries that are seeking formsof knowledge less than high technology that they have the capacityto exploit. June 2005 saw the European Communities submit aradical proposal, designed to also meet the needs of developingcountries that would amend the Trade-Related Aspects of IntellectualProperty (TRIPS) Agreement in favour of a mandatory multilateralsystem of registration for all products. Yet, World Trade Organization(WTO) Members are as divided over their capacity to take advantageof GI protection no less than they are as to the means of regulation.To date, no ready solution to the further global harmonizationof GIs has been found. This paper examines the two major regulatorymodels advanced by the European Union and the United Statesof America for the protection of GIs. In the light of the DohaDevelopment Agenda, the authors argue in favour of an incrementalapproach that would allow developing countries the flexibilityto adjust additional protection in accordance with their levelof economic development.