Law Commons^™

Tribe's Judicious Feminism, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Justice Brennan's Gender Jurisprudence, Rebecca Korzec

All Faculty Scholarship

During his thirty-four year tenure on the Supreme Court, Justice William Joseph Brennan, Jr. demonstrated unparalleled sensitivity to the protection of individual rights. Justice Brennan's landmark opinions included Baker v. Carr, Goldberg v. Kelly, and New York Times Co. v. Sullivan. before Brennan, Supreme Court jurisprudence exalted judicial passivity by employing techniques for avoiding constitutional issues, such as abstention, comity, exhaustion of remedies and the political question doctrine.

Against this background, Brennan became an active judicial voice in a series of innovative landmark cases, including decisions requiring federal officials to pay damages for violation of citizens' constitutional rights; authorizing federal …

1989-1990 Biennial Report, Commission On The Status Of Women

California Agencies

No abstract provided.

Many Realities Many Words: Abortion And The Struggle Over Meaning (Review Of Three Titles), Isabel Marcus

Book Reviews

No abstract provided.

Correspondence: Letter, April 18, 1991, To Dr. Saffy (Version 2), Tommy Hazouri

Saffy Collection - All Textual Materials

A letter from Mayor Hazouri thanking Dr. Saffy for all the time and energy she put into his re-election campaign. Handwritten note: Edna, You've been great!

Correspondence: Letter, April 18, 1991, To Dr. Saffy, Tommy Hazouri

Saffy Collection - All Textual Materials

A letter from Mayor Hazouri thanking Dr. Saffy for all the time and energy she put into his re-election campaign. Handwritten note: Edna - You've been great! My thanks for all your help!

Note, Sex(Ual Orientation) And Title Vii, I. Bennett Capers

Faculty Scholarship

No abstract provided.

Feminist Jurisprudence: The 1990 Myra Bradwell Day Panel, Elizabeth M. Schneider, Lucinda M. Finley, Carin Clauss, Joan Bertin

Journal Articles

No abstract provided.

Intimacy Outside Of The Natural Family: The Limits Of Privacy, Martha Albertson Fineman

Faculty Articles

In this paper I undertake a very pragmatic and focused consideration of whether it is possible to rework existing legal concepts of privacy in a way that would be ideologically compatible with dominant social norms in order to shield single mothers from excessive state regulation and supervision. I ultimately conclude that my desire to protect the decisionmaking autonomy and the dignity of poor and/or single mothers cannot be satisfied by resort to this area of law. At the constitutional level, this is so because notions of privacy are typically articulated as rights belonging to individuals, not family entities. And …

Divorce Stories: Readings, Comments And Questions On Law And Narrative, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.

Sounds Of Silence On The Civil Jury, Laura Gaston Dooley

Law Faculty Publications

No abstract provided.

Evidence Engendered, Kit Kinports

Journal Articles

Part I of this article briefly describes feminist legal theory and its evolution. Part II then discusses the extent to which evidence as a whole is a gendered topic that reflects predominantly male traits and ideals, and Part III analyzes various specific evidentiary doctrines from a feminist perspective. Finally, Part IV examines way of incorporating feminist theories in teaching an evidence course.

Review Essay - Feminist Jurisprudence, Christina Whitman

Reviews

In the 1970s feminist legal theory furthered feminist legal practice. Feminist lawyers saw themselves as advocates of "women's rights," interested in winning legal victories in particular cases. Because their attention was focused on reform through legislation or litigation, the theory they developed was deliberately, if uncritically, grounded in what would be persuasive to those who held power in government institutions. They built directly upon the precedent made in race cases, precedent which assumed that the appropriate goal for social change was equality and defined equality as the similar treatment of similarly situated individuals. The key to the early legal victories …

O'Connor: A Dual Role - An Introduction, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Criminal Abortion Revisited, Samuel W. Buell

Faculty Scholarship

This note focuses on the issue of the state's application of the criminal law as a sanction against women who choose to have abortions. History reveals that pre-Roe criminal-abortion law-both by its terms and in its application-expressed an incoherent attitude toward the culpability of these women. While criminal-abortion laws treated the abortionist as a serious felon, sending him to prison for up to twenty years,' the same statutes either did not cover the woman seeking an abortion, or, if the statutes did deem her a criminal, prosecutors and courts refused or neglected to hold her liable criminally. The law instead …

Toward Guidelines For Compelling Cesarean Surgery: Of Rights, Responsibility And Decisional Authenticity, Joel J. Finer

Law Faculty Articles and Essays

When, if ever, may a pregnant woman be compelled to undergo a cesarean section to save the life of a viable, verge-of-birth fetus? Courts and scholars have increasingly addressed the constitutional and ethical problems presented when a woman about to give birth requires a cesarean section to prevent the death of or severe harm to her fetus, and the woman refuses to have the surgery. Nationally, over a five year period, courts have heard twenty-one cases in which a court-ordered cesarean was being sought. Under what circumstances, if any, is it legally and ethically appropriate to compel a woman to …

The Big Mac Attack: A Critical Affirmation Of Mackinnon's Unmodified Theory Of Patriarchal Power, Alexandra Z. Dobrowolsky, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

For several years now, Catharine MacKinnon has impressed and inspired us in that she has consistently and eloquently articulated much of what we felt and feared: that the condition of women in North American society is intoler able; that the state, because of its acts and omissions, is complicitous in the enforced inequality of women; and that law, more often than not, has been part of the problem rather th.an part of the solution. However, despite our broad agreement with the general direction of MacKinnon 's analysis throughout this period, we each have had, in our own different ways, a …

Compromising On Abortion, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

Dissolving The Sameness/Difference Debate: A Post-Modern Path Beyond Essentialism In Feminist And Critical Race Theory, Joan C. Williams

Faculty Scholarship

No abstract provided.

Gender Wars: Selfless Women In The Republic Of Choice, Joan C. Williams

Faculty Scholarship

No abstract provided.

To Bear Or Not To Bear: Reproductive Freedom As An International Human Right, Berta E. Hernández-Truyol

UF Law Faculty Publications

The right to reproductive freedom is recognized and protected in virtually every corner of this world. Domestic and international tribunals have increasingly found that the right to privacy includes such a right. Using the various "sources" of international law as an analytical framework, this Article posits, based on an internationalist's perspective, that reproductive freedom -- as part of the penumbral zone of enumerated and existing human rights or as a particular right in se -- is now included in the body of protected international human rights. Consequently, any government interference with the individual's exercise of such freedom constitutes an impermissible …

Feminist Jurisprudence, Christina B. Whitman

Book Chapters

In the 1970s feminist legal theory furthered feminist legal practice. Feminist lawyers saw themselves as advocates of ''women's rights," interested in winning legal victories in particular cases. Because their attention was focused on reform through legislation or litigation, the theory they developed was deliberately, if uncritically, grounded in what would be persuasive to those who held power in government institutions. They built directly upon the precedent made in race cases, precedent which assumed that the appropriate goal for social change was equality and defined equality as the similar treatment of similarly situated individuals. The key to the early legal victories …

The Black Surrogate Mother, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Book Review. Law's Patriarchy, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

Book Review. Married Women's Separate Property In England, 1660-1833 By Susan Staves, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.

Gender, Legal Education And Legal Careers, Antoinette M. Sedillo Lopez, Lee Teitelbaum, Jeffrey Jenkins

Faculty Scholarship

Much of the literature on the careers of women generally-as well as the smaller literature on the experiences of women in legal education and legal practice-supposes that women will follow different paths and have different experiences than men, and that this is and will be true because they are women. Some commentators on the relation between gender and the experience of legal professionals believe that women have distinctive modes of cognition or value orientations that shape their experience in the workplace, while others believe that social and cultural assumptions (held not only by employers but often by women themselves) are …

The Death Penalty And Gender Discrimination, Elizabeth Rapaport

Faculty Scholarship

Despite the paucity of research on the death penalty and gender discrimination, it is widely supposed that women murderers are chivalrously spared the death sentence. This supposition is fueled by the relatively small number of women who are condemned. This article argues that women are represented on contemporary U.S. death rows in numbers commensurate with the infrequency of female commission of those crimes which our society labels sufficiently reprehensible to merit capital punishment. Additionally, preliminary investigation suggests that death-sentenced women are more likely than death-sentenced men to have killed intimates, although the explanation for this disparity is not yet at …

Domestic Violence: The District Of Columbia’S New Mandatory Arrest Law, Catherine F. Klein

Scholarly Articles

No abstract provided.

Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney

Articles

No abstract provided.

Feminist Jurisprudence - The 1990 Myra Bradwell Day Panel, Elizabeth M. Schneider, Lucinda Finley, Carin Clauss, Joan Bertin

Faculty Scholarship

No abstract provided.