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University of Tennessee, Knoxville

Women

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Full-Text Articles in Law

Medicalizing Gender: How The Legal And Medical Professions Shaped Women’S Experiences As Lawyers, Kathleen Darcy May 2015

Medicalizing Gender: How The Legal And Medical Professions Shaped Women’S Experiences As Lawyers, Kathleen Darcy

Tennessee Journal of Race, Gender, & Social Justice

Despite significant progress, women in the legal profession still

have not advanced into positions of power at near the rate in which

they saturate the legal market. Scholars agree that simply waiting for

parity is not sufficient, and, thus, they have identified many of the

barriers that contribute to women’s difficulties. To date, however, the

role that scientific and medical understandings play on the evolution of

law, and on women as lawyers, has not received examination until

now. To this end, I posit that medicine played a significant role in

shaping societal expectations and assumptions about gender, and was ...


Breastfeeding In The Workplace: Accommodating Women And Benefiting Employers, Melissa Martin Sep 2011

Breastfeeding In The Workplace: Accommodating Women And Benefiting Employers, Melissa Martin

College of Law Faculty Scholarship

This article argues that accommodating women by facilitating breastfeeding in the workplace also benefits employers. It states that current legislation designed to protect women’s employment rights simply does not cover breastfeeding. It argues for a law protecting women’s right to breastfeed at work because it benefits the women, their children, and ultimately the employers.


Teaching Values, Teaching Stereotypes: Sex Ed And Indoctrination In Public Schools, Jennifer S. Hendricks Sep 2011

Teaching Values, Teaching Stereotypes: Sex Ed And Indoctrination In Public Schools, Jennifer S. Hendricks

College of Law Faculty Scholarship

Many sex education curricula currently used in public schools indoctrinate students in gender stereotypes. As expressed in the title of one article: “If You Don’t Aim to Please, Don’t Dress to Tease,” and Other Public School Sex Education Lessons Subsidized by You, the Federal Taxpayer (Jennifer L. Greenblatt, 14 TEX. J. ON C.L. & C.R. 1 (2008)). Other lessons pertain not only to responsibility for sexual activity but to lifelong approaches to family life and individual achievement. One lesson, for example, instructs students that, in marriage, men need sex from their wives and women need financial support from their husbands.

This Article first describes the ways in which teaching sex stereotypes may affect children, highlighting the need for further empirical research in this area. Second, it critiques the extant feminist legal response to gender-biased Sex Ed curricula, particularly the use of precedent dealing with governmental perpetuation of stereotypes; those precedents cannot be incorporated wholesale into this context. Finally, to correct this analytical gap, this Article connects the Sex Ed issue to the existing scholarly literature on indoctrination of schoolchildren, a literature that has hooks in both equal protection and the first amendment ...


Renegotiating The Social Contract, Jennifer S. Hendricks Sep 2011

Renegotiating The Social Contract, Jennifer S. Hendricks

College of Law Faculty Scholarship

This essay reviews Maxine Eichner's new book, "The Supportive State: Families, Government, and America's Political Ideals." It highlights Eichner's important theoretical contributions to both liberal political theory and feminist theory, applauding her success in reforming liberalism to account for dependency, vulnerability, and families. The essay then considers some implications of Eichner's proposals and their likely reception among feminists. It concludes that "The Supportive State" is a sound and inspiring response to recent calls that feminist theory move from being strictly a school of criticism to developing a theory of governance.


Of Woman Born? Technology, Relationship, And The Right To A Human Mother, Jennifer S. Hendricks Sep 2011

Of Woman Born? Technology, Relationship, And The Right To A Human Mother, Jennifer S. Hendricks

College of Law Faculty Scholarship

This article explores the legal implications of a scientific fantasy: the fantasy of building artificial wombs that could gestate a human child from conception. It takes as its touchstone a claim by sociologist Barbara Katz Rothman, who writes, “Every human child has a right to a human mother.”

While the article discusses the legal principles that would apply to artificial wombs, it is skeptical about the technological possibility of artificial wombs in the foreseeable future. Accordingly, the focus of the article is the effect that the fantasy of artificial gestation has on the legal discourse around pregnancy and reproduction today ...


Body And Soul: Equality, Pregnancy, And The Unitary Right To Abortion, Jennifer S. Hendricks Sep 2011

Body And Soul: Equality, Pregnancy, And The Unitary Right To Abortion, Jennifer S. Hendricks

College of Law Faculty Scholarship

This Article explores equality-based arguments for abortion rights, revealing both their necessity and their pitfalls. It first uses the narrowness of the “health exception” to abortion regulations to show why equality arguments are needed—because our legal tradition's conception of liberty is based on male experience, and we have no theory of basic human rights grounded in women's reproductive experiences. Next, however, the Article shows that equality arguments, although necessary, can undermine women's reproductive freedom because they require that pregnancy and abortion be analogized to male experiences. The result is that equality arguments focus on either the ...


Contingent Equal Protection: Reaching For Equality After Ricci And Pics, Jennifer S. Hendricks Jan 2010

Contingent Equal Protection: Reaching For Equality After Ricci And Pics, Jennifer S. Hendricks

College of Law Faculty Scholarship

The Supreme Court’s decision in Parents Involved in Community Schools v. Seattle School District #1 has been extensively analyzed as the latest step in the Court’s long struggle with the desegregation of public schools. This Article examines the decision’s implications for the full range of equal protection doctrine dealing with benign or remedial race and sex classifications. Parents Involved revealed a sharp division on the Court over whether government may consciously try to promote substantive equality. In the past, such efforts have been subject to an equal protection analysis that allows race-conscious or sex-conscious state action, contingent ...