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Articles 1 - 30 of 35
Full-Text Articles in Law
Male Same-Sex "Horseplay": The Epicenter Of All Sexual Harassment?, Kimberly Bailey
Male Same-Sex "Horseplay": The Epicenter Of All Sexual Harassment?, Kimberly Bailey
All Faculty Scholarship
In Oncale v. Sundowner Offshore Services, Inc., the U.S. SupremeCourt recognized same-sex sexual harassment as a cognizable claim of sex discrimination under Title VII of the Civil Rights Act of 1964. At the time, many scholars found this recognition to be significant andimportant, but some also argued that the Court provided an incomplete analysis regarding the meaning of discrimination “because of sex.” Specifically, some scholars argue that the Court’s opinion reinforces the sexual desire paradigm in the analysis of sexual harassment cases. Building upon this critique, this Article focuses specifically on the harassment of men who generally are perceived as …
"She Was Surprised And Furious": Expatriation, Suffrage, Immigration, And The Fragility Of Women's Citizenship, 1907-1940, Felice Batlan
"She Was Surprised And Furious": Expatriation, Suffrage, Immigration, And The Fragility Of Women's Citizenship, 1907-1940, Felice Batlan
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This article stands at the intersection of women’s history and the history of citizenship, immigration, and naturalization laws. The first part of this article proceeds by examining the general legal status of women under the laws of coverture, in which married women’s legal existence was “covered” by that of their husbands. It then discusses the 1907 Expatriation Act, which resulted in women who were U.S. citizens married to non-U.S. citizens losing their citizenship. The following sections discuss how suffragists challenged the 1907 law in the courts and how passage of the Nineteenth Amendment—and with it a new concept of women’s …
The Technology Enterprise: Systemic Bias Against Women, Lori Andrews
The Technology Enterprise: Systemic Bias Against Women, Lori Andrews
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No abstract provided.
Campus Misconduct, Sexual Harm And Appropriate Process: The Essential Sexuality Of It All, Katharine Baker
Campus Misconduct, Sexual Harm And Appropriate Process: The Essential Sexuality Of It All, Katharine Baker
All Faculty Scholarship
No abstract provided.
The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan
The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan
All Faculty Scholarship
No abstract provided.
The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan
The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan
All Faculty Scholarship
This symposium article discusses an unexamined area of legal aid and legal history—the role that late nineteenth and early twentieth century Jewish women played in the delivery of legal aid as social workers, lawyers, and, importantly, as cultural and legal brokers. It presents two such women who represented different types and models of legal aid—Minnie Low of the Chicago Bureau of Personal Service, a Jewish social welfare organization, and Rosalie Loew of the Legal Aid Society of New York. I interrogate how these women negotiated their identities as Jewish professional women, what role being Jewish and female played in shaping …
Women And Justice For The Poor: A History Of Legal Aid, 1863–1945, Felice J. Batlan
Women And Justice For The Poor: A History Of Legal Aid, 1863–1945, Felice J. Batlan
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No abstract provided.
Legal History And The Politics Of Inclusion, Felice J. Batlan
Legal History And The Politics Of Inclusion, Felice J. Batlan
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No abstract provided.
It's Complicated: Privacy And Domestic Violence, Kimberly D. Bailey
It's Complicated: Privacy And Domestic Violence, Kimberly D. Bailey
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This Article challenges the notion that there is no role for privacy in the domestic violence context. Privacy is a complicated concept that has both positive and negative aspects, and this Article examines the value that more privacy could provide for domestic violence victims. While privacy was historically used as a shield for batterers, more privacy for domestic violence victims could protect their personhood, ensuring that they are treated with dignity and respect. In addition, current mandatory criminal justice policies have become so intrusive in many victims’ lives that limitations are needed to prevent the threat of state abuse. These …
Women's Legal History Symposium Introduction: Making History, Felice J. Batlan
Women's Legal History Symposium Introduction: Making History, Felice J. Batlan
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This essay introduces the Chicago-Kent Symposium on Women's Legal History: A Global Perspective. It seeks to situate the field of women's legal history and to explore what it means to begin writing a transnational women's history which transcends and at times disrupts the nation state. In doing so, it sets forth some of the fundamental premises of women's legal history and points to new ways of writing such histories.
Response To Beth Richie’S Black Feminism, Gender Violence And The Build-Up Of A Prison Nation, Kimberly D. Bailey
Response To Beth Richie’S Black Feminism, Gender Violence And The Build-Up Of A Prison Nation, Kimberly D. Bailey
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No abstract provided.
Lost In Translation: Domestic Violence, "The Personal Is Political," And The Criminal Justice System, Kimberly D. Bailey
Lost In Translation: Domestic Violence, "The Personal Is Political," And The Criminal Justice System, Kimberly D. Bailey
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No abstract provided.
The Gendered Lives Of Legal Aid: Lay Lawyers, Social Workers, And The Bar, 1863-1960, Felice J. Batlan
The Gendered Lives Of Legal Aid: Lay Lawyers, Social Workers, And The Bar, 1863-1960, Felice J. Batlan
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The Gendered Life of Legal Aid, 1863-1960 (manuscript in process) will be the first monograph on the history of civil legal aid in the United States. By closely examining the history of legal aid in New York, Chicago, and Boston, it presents a number of arguments with wide-ranging implications and it is animated by a host of conflicts. These include the relationship between legal aid and citizenship, the changing status of domestic relations law, the interactions between lawyers and social workers and their different understandings of the role and nature of law, what services legal aid should provide, and even …
Florence Kelley And The Battle Against Laissez-Faire Constitutionalism, Felice J. Batlan
Florence Kelley And The Battle Against Laissez-Faire Constitutionalism, Felice J. Batlan
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The usual story of the demise of laissez-faire constitutionalism in the 1930’s features heroes such as Louis Brandeis, Felix Frankfurter and the great male legal progressives of the day who rose up from academia, the bench, and the bar, to put an end to what historians label "legal orthodoxy." In this essay, I seek to demonstrate that Florence Kelley was a crucially important legal progressive who was at the front lines of drafting and defending new legislation that courts were striking down as violating the Fourteenth Amendment and State constitutions. Looking at who was drafting and lobbying for path breaking …
The Birth Of Legal Aid: Gender Ideologies, Women, And The Bar In New York City, 1863-1910, Felice J. Batlan
The Birth Of Legal Aid: Gender Ideologies, Women, And The Bar In New York City, 1863-1910, Felice J. Batlan
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No abstract provided.
The Aftermath Of Crawford And Davis: Deconstructing The Sound Of Silence, Kimberly D. Bailey
The Aftermath Of Crawford And Davis: Deconstructing The Sound Of Silence, Kimberly D. Bailey
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No abstract provided.
Not Our Mother's Law School?: A Third-Wave Feminist Study Of Women's Experiences In Law School (With Kelly Hradsky, Kristen Jeschke, Lavonne Meyer & Jill Roberts), Felice J. Batlan, Kelly Hradsky, Kristen Jeschke, Lavonne Meyer, Jill Roberts
Not Our Mother's Law School?: A Third-Wave Feminist Study Of Women's Experiences In Law School (With Kelly Hradsky, Kristen Jeschke, Lavonne Meyer & Jill Roberts), Felice J. Batlan, Kelly Hradsky, Kristen Jeschke, Lavonne Meyer, Jill Roberts
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No abstract provided.
The Ladies' Health Protective Association: Lay Lawyers And Urban Cause Lawyering, Felice J. Batlan
The Ladies' Health Protective Association: Lay Lawyers And Urban Cause Lawyering, Felice J. Batlan
All Faculty Scholarship
No abstract provided.
The Problem With Unpaid Work, Katharine K. Baker
The Problem With Unpaid Work, Katharine K. Baker
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This article examines the problems with a social norm that assumes women should shoulder a disproportionate amount of unpaid family work. It evaluates the most recent empirical data which suggests that women continue to do substantially more unpaid work than men, and men continue to do substantially more paid work than women. It then briefly reviews two standard explanations for where this gendered division of work may come from, biological inclination and/or systems of male dominance. It suggests that neither of these traditional explanations have given adequate consideration to the normative question begged by the extant division of labor. Is …
A Separate Crime Of Reckless Sex, Katharine K. Baker
A Separate Crime Of Reckless Sex, Katharine K. Baker
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This article attempts to make progress on both the problems of sexually transmitted disease and acquaintance rape by proposing a new crime of reckless sexual conduct. A defendant would be guilty of reckless sexual conduct if, in a first sexual encounter with another particular person, the defendant had sexual intercourse without using a condom. Consent to unprotected intercourse would be an affirmative defense, to be established by the defendant with a preponderance of the evidence. As an empirical matter, first-encounter unprotected sex greatly increases the epidemiological force of sexually transmitted disease and a substantial proportion of acquaintance rape occurs in …
Gender And Emotion In Criminal Law, Katharine K. Baker
Gender And Emotion In Criminal Law, Katharine K. Baker
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No abstract provided.
A Journal Of One's Own? Beginning The Project Of Historicizing The Development Of Women's Law Journals, Felice J. Batlan
A Journal Of One's Own? Beginning The Project Of Historicizing The Development Of Women's Law Journals, Felice J. Batlan
All Faculty Scholarship
No abstract provided.
Gender, Genes, And Choice: A Comparative Look At Feminism, Evolution, And Economics, Katharine K. Baker
Gender, Genes, And Choice: A Comparative Look At Feminism, Evolution, And Economics, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
Dialectics And Domestic Abuse, Katharine K. Baker
Dialectics And Domestic Abuse, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
Biology For Feminists, Katharine K. Baker
Biology For Feminists, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
What Rape Is And What It Ought Not Be, Katharine K. Baker
What Rape Is And What It Ought Not Be, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
Sex, Rape And Shame, Katharine K. Baker
Sex, Rape And Shame, Katharine K. Baker
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This article explores how shame sanctions may be able to change the social meaning and decrease the prevalence of date rape. Arguing that men's tendency to date rape is fostered by social norms that treat sex as an accomplishment and, importantly, an accomplishment that enhances a man's masculinity status, the article suggests that one way to curb date rape is to curb the extent to which it is associated with masculine behavior. This strategy is necessary because the high premium society places on masculinity and the cultural confusion about when date rape is morally wrong and how it is different …
Text, Context And The Problem With Rape, Katharine K. Baker
Text, Context And The Problem With Rape, Katharine K. Baker
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No abstract provided.
Property Rules Meet Feminist Needs: Respecting Autonomy By Valuing Connection, Katharine K. Baker
Property Rules Meet Feminist Needs: Respecting Autonomy By Valuing Connection, Katharine K. Baker
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No abstract provided.
A Wigmorian Defense Of Feminist Methods, Katharine K. Baker
A Wigmorian Defense Of Feminist Methods, Katharine K. Baker
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No abstract provided.