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Law and Gender

Katharine K. Baker

Selected Works

Articles 1 - 12 of 12

Full-Text Articles in Law

Campus Misconduct, Sexual Harm And Appropriate Process: The Essential Sexuality Of It All, Katharine K. Baker Dec 2016

Campus Misconduct, Sexual Harm And Appropriate Process: The Essential Sexuality Of It All, Katharine K. Baker

Katharine K. Baker

No abstract provided.

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Campus Sexual Misconduct As Sexual Harassment: A Defense Of The Doe, Katharine K. Baker May 2016

Campus Sexual Misconduct As Sexual Harassment: A Defense Of The Doe, Katharine K. Baker

Katharine K. Baker

This article explains and defends the Department of Education’s campaign against sexual misconduct on college campuses. It does so because DOE has inexplicably failed to make clear that their goal is to protect women from the intimidating and hostile environment that results when men routinely use women sexually, without regard to whether women consent to the sexual activity. That basic point, that schools are policing harassing and intimidating behavior, not necessarily rape, has been lost on both courts and commentators. Boorish, entitled, sexual behavior that stops well short of rape, if pervasive enough, has been actionable as sexual harassment for …

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Why Rape Should Not (Always) Be A Crime, Katharine K. Baker Dec 2014

Why Rape Should Not (Always) Be A Crime, Katharine K. Baker

Katharine K. Baker

The Article proceeds as follows. Part I explores the primary legal frameworks for understanding rape law over time. It traces the origins of rape as a sometimes civil, sometimes criminal, wrong—through the patriarchal view of rape as a property crime, to the feminist (and liberal) remake of rape into an individual criminal injury to autonomy. It then briefly discusses recent rejections of the liberal/feminist position. Parts II–IV explore the three major impediments to effective norm change in more detail. Part V, after explaining why the recent proposed revisions to the Model Penal Code are not likely to overcome the problems …

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Sex And Equality (Symposium), Katharine Baker Dec 2012

Sex And Equality (Symposium), Katharine Baker

Katharine K. Baker

This essay, to be published in Boston University Law Review’s symposium on Hanna Rosin’s book, The End of Men, challenges Rosin’s suggestion that contemporary sexual norms on college campuses serve women’s interests well. Unpacking the same data that Rosin uses to defend hook-up culture on women’s behalf, the essay argues that hook-up norms facilitate rape and may help explain the high rate of sexual assault on college campuses. Hook-up norms also perpetuate the sexual double standard, disproportionately hurt lower income women who cannot compete in hook-up status games, and valorize boorish, selfish male sexual behavior. In doing so, hook-up norms …

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Gender, Genes, And Choice: A Comparative Look At Feminism, Evolution, And Economics, Katharine K. Baker Jan 2002

Gender, Genes, And Choice: A Comparative Look At Feminism, Evolution, And Economics, Katharine K. Baker

Katharine K. Baker

This Article compares the methodological similarities between evolutionary biology and conventional law and economics. It shows how these methodologies diverge, in critical and parallel ways, from what has come to be known as feminist method. In doing so, the Article suggests that feminists in the legal academy should be suspicious of the parsimonious models upon which both conventional evolutionary biologists and conventional law and economics scholars rely. Biological and economic models employ analogous concepts of maximization (including theories of autonomy, choice, and measurement) and stable equilibria (usually produced by stable preferences) to make predictions and proscriptions for law. The simplicity …

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Dialectics And Domestic Abuse (Reviewing Elizabeth M. Schneider, Battered Women And Feminist Lawmaking (2000)), Katharine K. Baker Feb 2001

Dialectics And Domestic Abuse (Reviewing Elizabeth M. Schneider, Battered Women And Feminist Lawmaking (2000)), Katharine K. Baker

Katharine K. Baker

No abstract provided.

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Biology For Feminists, Katharine K. Baker Feb 2000

Biology For Feminists, Katharine K. Baker

Katharine K. Baker

No abstract provided.

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Text, Context And The Problem With Rape, Katharine K. Baker Feb 1999

Text, Context And The Problem With Rape, Katharine K. Baker

Katharine K. Baker

No abstract provided.

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Sex, Rape And Shame, Katharine K. Baker Jan 1999

Sex, Rape And Shame, Katharine K. Baker

Katharine K. Baker

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 …

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Property Rules Meet Feminist Needs: Respecting Autonomy By Valuing Connection, Katharine K. Baker Jan 1998

Property Rules Meet Feminist Needs: Respecting Autonomy By Valuing Connection, Katharine K. Baker

Katharine K. Baker

In this Article, Professor Baker analyzes how and why the law protects both horizontal (marital) and vertical (parent/child) relationships. In doing so, she suggests that, although the reasons to protect relationships are comparable in both the horizontal and vertical contexts, the law is much more willing to interfere with vertical relationships, at least when the parents are not married to each other. From the standpoint of women's needs, this inconsistent treatment of relationships is precisely backwards. Women benefit little from the law's deference to horizontal relationships, but they could benefit substantially if the law was more deferential to a single …

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Taking Care Of Our Daughters, A Book Review Of Martha Fineman, The Neutered Mother, The Sexual Family And Other Twentieth Century Tragedies, Katharine K. Baker Jan 1997

Taking Care Of Our Daughters, A Book Review Of Martha Fineman, The Neutered Mother, The Sexual Family And Other Twentieth Century Tragedies, Katharine K. Baker

Katharine K. Baker

No abstract provided.

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Comment, Contracting For Security: Paying Married Women What They've Earned, Katharine K. Baker Jan 1988

Comment, Contracting For Security: Paying Married Women What They've Earned, Katharine K. Baker

Katharine K. Baker

No abstract provided.

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