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Articles 1 - 25 of 25
Full-Text Articles in Law
Trapped In Public: The Regulation Of Street Harassment And Cyber-Harassment Under The Captive Audience Doctrine, Joanne Sweeny
Trapped In Public: The Regulation Of Street Harassment And Cyber-Harassment Under The Captive Audience Doctrine, Joanne Sweeny
JoAnne Sweeny
No abstract provided.
"The Good Mother": Mothering, Feminism, And Incarceration, Deseriee A. Kennedy
"The Good Mother": Mothering, Feminism, And Incarceration, Deseriee A. Kennedy
Deseriee A. Kennedy
As the rates of incarceration continue to rise, women are increasingly subject to draconian criminal justice and child welfare policies that frequently result in the loss of their parental rights. The intersection of an increasingly carceral state and federally imposed timelines for achieving permanency for children in state care has had a negative effect on women, their children, and their communities. Women, and their ability to parent, are more adversely affected by the intersection of these gender-neutral provisions because they are more likely than men to be the primary caretaker of their children. In addition, incarcerated women have higher rates …
Out Of The Shadows: Traversing The Imaginary Of Sameness, Difference, And Relationalism - A Human Rights Proposal, Berta E. Hernández-Truyol
Out Of The Shadows: Traversing The Imaginary Of Sameness, Difference, And Relationalism - A Human Rights Proposal, Berta E. Hernández-Truyol
Berta E. Hernández-Truyol
This work seeks to develop a methodology that serves a women's anti-subordination project. To achieve this goal, Part II sets out the theoretical background of feminist theory (II.A) and three waves of feminism (II.B). Part II.C articulates the feminist revelations about law these analytical frameworks have engendered.
This project sets out to craft a methodology that can assist the goal of full personhood for women. Women's full personhood is a substantive concept that, as detailed in Part III, I ground on international human rights notions of fundamental rights - rights that we have, or ought to have, because we are …
Feminist Legal Scholarship: Charting Topics And Authors, 1978-2002, Laura A. Rosenbury
Feminist Legal Scholarship: Charting Topics And Authors, 1978-2002, Laura A. Rosenbury
Laura A. Rosenbury
In their call for papers, the organizers of the Columbia Journal of Gender and Law’s Spring 2003 symposium “Why a Feminist Law Journal?” posed several questions, including: "Are feminist law journals a victim of their own success? Have they outlived their usefulness?" and "What is the state of feminist legal scholarship today? What constitutes feminist scholarship?" As a new member of the legal academy, my answers to their questions depend on answers to two more basic questions: What has been published in feminist law journals? And, how do those articles relate to feminist articles published in non-specialty, or flagship, law …
Law And Feminism: Foreword, Mary Jane Mossman
The Limits Of Feminism, Emily Sherwin
From Multiculturalism To Technique: Feminism, Culture, And The Conflict Of Laws Style, Karen Knop, Ralf Michaels, Annelise Riles
From Multiculturalism To Technique: Feminism, Culture, And The Conflict Of Laws Style, Karen Knop, Ralf Michaels, Annelise Riles
Annelise Riles
The German Chancellor, the French President, and the British Prime Minister have each grabbed world headlines with pronouncements that their states' policies of multiculturalism have failed. As so often, domestic debates about multiculturalism, as well as foreign policy debates about human rights in non- Western countries, revolve around the treatment of women. Yet feminists are no longer even certain how to frame, let alone resolve, the issues raised by veiling, polygamy, and other cultural practices oppressive to women by Western standards. Feminism has become perplexed by the very concept of "culture." This impasse is detrimental both to women's equality and …
The Legacy Of Colonialism: Law And Women's Rights In India, Varsha Chitnis, Danaya C. Wright
The Legacy Of Colonialism: Law And Women's Rights In India, Varsha Chitnis, Danaya C. Wright
Danaya C. Wright
The relationship between nineteenth century England and colonial India was complex in terms of negotiating the different constituencies that claimed an interest in the economic and moral development of the colonies. After India became subject to the sovereignty of the English Monarchy in 1858, its future became indelibly linked with that of England's, yet India's own unique history and culture meant that many of the reforms the colonialists set out to undertake worked out differently than they anticipated. In particular, the colonial ambition of civilizing the barbaric native Indian male underlay many of the legal reforms attempted in the nearly …
Asking The Man Question: Masculinities Analysis And Feminist Theory, Nancy E. Dowd
Asking The Man Question: Masculinities Analysis And Feminist Theory, Nancy E. Dowd
Nancy Dowd
Masculinities scholarship is an essential piece of feminist analysis and of critical equality analysis. It requires that we "ask the man question" to further unravel inequalities. This symposium marks one of several movements toward examining and considering what masculinities scholarship can offer. In this introduction, I suggest a framework of masculinities analysis and describe its relationship to feminist theory. First, I consider why we should ask the "man question," and how we should ask it. Second, I explore how masculinities analysis might be useful in our examination of the "man question." Masculinities work can be used to understand more clearly …
Unbending Gender: Why Family And Work Conflict And What To Do About It (Panel Two: Who's Minding The Baby?), Nancy Dowd, Adrienne Davis, Marion Crain, Bonnie Dill, Catherine Ross, Joan Williams
Unbending Gender: Why Family And Work Conflict And What To Do About It (Panel Two: Who's Minding The Baby?), Nancy Dowd, Adrienne Davis, Marion Crain, Bonnie Dill, Catherine Ross, Joan Williams
Nancy Dowd
A central characteristic of our current gender arrangements is that they pit ideal worker women against marginalized caregiver women in a series of patterned conflicts I call gender wars. One version of these are the mommy wars that we see often covered in the press between employed mothers and mothers at home. Employed mothers at times participate in the belittlement commonly felt by homemakers. Also mothers at home, I think, at times participate in the guilt-tripping that's often felt by mothers who are employed. These gender wars are a central but little understood characteristic of the gender system that grew …
Women Of Color In Legal Education: Challenging The Presumption Of Incompetence, Carmen G. Gonzalez
Women Of Color In Legal Education: Challenging The Presumption Of Incompetence, Carmen G. Gonzalez
Carmen G. Gonzalez
Female law professors of color have become the canaries in the academic mine whose plight is an early warning of the dangers that threaten legal education and the future of the legal profession. As legal education is restructured in response to declining enrollments, tenure itself is coming under fire, and downsizing and hiring freezes are becoming more common. Female law professors of color, who tend to be concentrated at middle- and lower-tier law schools, are particularly vulnerable. But this vulnerability may foreshadow the predicament of all but the most elite law faculty if academic employment becomes increasingly precarious. This article …
The Legacy Of Jane Larson: The Politics Of Practicality And Surprise, Martha Ertman
The Legacy Of Jane Larson: The Politics Of Practicality And Surprise, Martha Ertman
Martha M. Ertman
Jane Larson's work and life enriched my own and others. Her intellectual framework - applying legal economic ideas of consent to feminist theory, backed up by legal history - suggest surprising practical solutions to problems ranging from the injuries of adultery and prostitution to housing in border towns.
Addressing Early Marriage: Culturally Competent Practices And Romanian Roma (“Gypsy”) Communities, Judith Hale Reed
Addressing Early Marriage: Culturally Competent Practices And Romanian Roma (“Gypsy”) Communities, Judith Hale Reed
Judith A Hale Reed
Early marriage affects many communities around the world. Examples of commonly practiced early marriage can be found today in the U.S., India, Syria, and many other places. Although most countries have instituted minimum age laws for marriage, so that legal marriage can only occur after an age set by law, early marriage is still practiced for tradition, control, security, and other reasons. This article explores the harms of early marriage and the international instruments meant to defend against these harms in Part II. Part III reviews theoretical perspectives from legal anthropology and presents a case study of early marriage in …
Spirit Injury And Feminism: Expanding The Discussion, Nick J. Sciullo
Spirit Injury And Feminism: Expanding The Discussion, Nick J. Sciullo
Nick J. Sciullo
To discuss spirit injury, it is at first necessary to articulate a space in the theoretical diaspora to conceptualize spirit injury as a concept deeply tied to the historical tradition of several theoretical frameworks. “Spirit injury” is a phrase popularized by critical race feminist Adrien Katherine Wing. It is a term utilized in critical race feminism (CRF) that brings together insights from critical legal studies (CLS) and critical race theory (CRT). Wing’s training is as a lawyer and legal scholar, not as a communication scholar, yet her work may help communication scholars more keenly theorize harm and violence. Her scholarship …
Women Law Journals In The New Millennium: How Far Have They Evolved? And Are They Still Necessary?, Katherine L. Vaughns
Women Law Journals In The New Millennium: How Far Have They Evolved? And Are They Still Necessary?, Katherine L. Vaughns
Katherine L. Vaughns
No abstract provided.
The Rugged Feminism Of Sandra Day O'Connor, Judith Olans Brown, Wendy E. Parmet, Mary E. O'Connell
The Rugged Feminism Of Sandra Day O'Connor, Judith Olans Brown, Wendy E. Parmet, Mary E. O'Connell
Mary E. O'Connell
In this Article we explore Justice O'Connor's response to the woman question by looking at her opinions on matters traditionally perceived to be of interest to women or matters historically recognized as women's issues. This leads us to consider cases about women as physical and sexual beings and cases about women as nurturers and caretakers. In addition, we look at cases about individuals who, like women, have been traditionally perceived as dependent, vulnerable, and economically insecure. We do not claim that these are the only issues that matter to women. Clearly, the range of issues that matter to women is …
Exchange As A Cornerstone Of Families, Martha Ertman
Exchange As A Cornerstone Of Families, Martha Ertman
Martha M. Ertman
This essay up-ends critical theorist Ivan Illich’s critique of economic thinking as replacing households defined by vernacular gender with married pairs in “inhumane” sex-neutral economic partnerships. It challenges Illich’s view of exchange as a destroyer that has meddled in families for only a few hundred years, citing sociobiological literature to counter his case against exchange with one valorizing two exchanges that I call “primal deals” that played crucial roles in the evolution of humans, families, and day-to-day life. These primal deals—especially the primal pair-bonding deal between men and women—continue to play a central role in families and family law today. …
More Than One Lane Wide: Against Hierarchies Of Helping In Progressive Legal Advocacy, Rebecca Sharpless
More Than One Lane Wide: Against Hierarchies Of Helping In Progressive Legal Advocacy, Rebecca Sharpless
Rebecca Sharpless
Progressive legal scholars and practitioners have created a hierarchy within social justice lawyering. Direct service attorneys — nonprofit attorneys who focus on helping individuals in civil cases — sit at the bottom. In the 1960s, progressive theorists advanced a negative portrayal of direct service attorneys as a class. This discourse has continued through different phases in the development of progressive legal theory. Direct service work is done primarily by women in the service of women, has the aesthetic of traditional women’s work, and can be understood as embodying the thesis that women have a greater existential and psychological connection to …
Which Wave Are You? Comments On The Collected Essays From The Seminar “To Do Feminist Legal Theory”, Deborah W. Post
Which Wave Are You? Comments On The Collected Essays From The Seminar “To Do Feminist Legal Theory”, Deborah W. Post
Deborah W. Post
No abstract provided.
The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Deseriee Kennedy, Ann Bartow, F. Carolyn Graglia, Joan Hemingway
The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Deseriee Kennedy, Ann Bartow, F. Carolyn Graglia, Joan Hemingway
Deseriee A. Kennedy
This is an edited, annotated transcript of a conference panel discussion on feminism, sex, and gender in law, legal education, and legal scholarship. The transcript reflects widely divergent views of the place of feminism, sex, and gender in the law and legal scholarship. Moreover, the panelists differ as to the role feminism has played in the lives of women as law students and practicing attorneys. In the latter part of the transcript, the panelists' remarks focus in on hotly debated issues surrounding possible gender (or sex) and racial bias in LSAT testing and the innate abilities of women and men …
Transversal Feminism And Transcendence, Deseriee A. Kennedy
Transversal Feminism And Transcendence, Deseriee A. Kennedy
Deseriee A. Kennedy
No abstract provided.
Feminism, Power, And Sex Work In The Context Of Hiv/Aids: Consequences For Women's Health, Aziza Ahmed
Feminism, Power, And Sex Work In The Context Of Hiv/Aids: Consequences For Women's Health, Aziza Ahmed
Aziza Ahmed
No abstract provided.
The Moral Politics Of Social Control: Political Culture And Ordinary Crime In Cuba, Deborah M. Weissman, Marsha R. Weissman
The Moral Politics Of Social Control: Political Culture And Ordinary Crime In Cuba, Deborah M. Weissman, Marsha R. Weissman
Deborah M. Weissman
The Cuban revolution has been described as “the longest running social experiment” in history, and one not well-received in the United States. The U.S. government responded to the revolution first with suspicion, and then hostility. Even while the current administration has acknowledged the failure of U.S. policy, few substantive changes have been announced and the narrative of Cuba in the United States continues to dwell almost exclusively on political repression and economic failure. The Cuban revolution, however, is a complex process, one that defies facile explanations. This article subscribes to the perspective offered by social scientists who urge “a more …
Feminism, Law, And Bioethics, Karen H. Rothenberg
Feminism, Law, And Bioethics, Karen H. Rothenberg
Karen H. Rothenberg
Feminist legal theory provides a healthy skepticism toward legal doctrine and insists that we reexamine even formally gender-neutral rules to uncover problematic assumptions behind them. The article first outlines feminist legal theory from the perspectives of liberal, cultural, and radical feminism. Examples of how each theory influences legal practice, case law, and legislation are highlighted. Each perspective is then applied to a contemporary bioethical issue, egg donation. Following a brief discussion of the common themes shared by feminist jurisprudence, the article incorporates a narrative reflecting on the integration of the common feminist themes in the context of the passage of …
“This Woman’S Work” In A "Man's World": A Feminist Analysis Of The Farm Security And Rural Investment Act Of 2002, Nick J. Sciullo
“This Woman’S Work” In A "Man's World": A Feminist Analysis Of The Farm Security And Rural Investment Act Of 2002, Nick J. Sciullo
Nick J. Sciullo
This paper will discuss the background of the 2002 Farm Bill and its origins in the Federal Agricultural Improvement and Reform Act of 1996 (hereinafter the 1996 Farm Bill). Secondly, a basic discussion of feminist international relations and more generally, feminist legal theory will be invoked to provide a theoretical beacon for the rest of the journey. Thirdly, specific arguments about ecofeminsim and postcolonial feminism are teased out in order to critically investigate the direct and indirect consequences of United States farm policy. Fourthly, the 2002 Farm Bill's disparate impact on international womyn will be discussed and theories about the …