Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 8 of 8

Full-Text Articles in Law

How Feminist Theory Became (Criminal) Law: Tracing The Path To Mandatory Criminal Intervention In Domestic Violence Cases, Claire Houston Oct 2014

How Feminist Theory Became (Criminal) Law: Tracing The Path To Mandatory Criminal Intervention In Domestic Violence Cases, Claire Houston

Michigan Journal of Gender & Law

Our popular understanding of domestic violence has shifted significantly over the past forty years, and with it, our legal response. We have moved from an interpretation of domestic violence as a private relationship problem managed through counseling techniques to an approach that configures domestic violence first and foremost as a public crime. Mandatory criminal intervention policies reflect and reinforce this interpretation. How we arrived at this point, and which understanding of domestic violence facilitated this shift, is the focus of this Article. I argue that the move to intense criminalization has been driven by a distinctly feminist interpretation of domestic ...


Outing The Majority: Gay Rights, Public Debate, And Polarization After Doe V. Reed, Marc Allen Jan 2013

Outing The Majority: Gay Rights, Public Debate, And Polarization After Doe V. Reed, Marc Allen

Michigan Journal of Gender & Law

In 2010, the United States Supreme Court ruled in Doe v. Reed that Washington citizens who signed a petition to eliminate legal rights for LGBT couples did not have a right to keep their names secret. A year later, in ProtectMarriage.com v. Bowen, a district court in California partially relied on Reed to reject a similar request from groups who lobbied for California Proposition 8-a constitutional amendment that overturned the California Supreme Court's landmark 2008 gay marriage decision. These holdings are important to election law, feminist, and first amendment scholars for a number of reasons. First, they flip ...


Taking Safety Seriously: Using Liberalism To Fight Pornography, John M. Kang Jan 2008

Taking Safety Seriously: Using Liberalism To Fight Pornography, John M. Kang

Michigan Journal of Gender & Law

Liberalism, as a jurisprudential principle, need not be pornography's indifferent observer or spineless sycophant; liberalism can be used to fight pornography. In this Article, the author proposes to illuminate what appears to be the most essential aspect of liberalism in its inviolable dedication to peace and safety. By drawing upon the work of the early liberals, the author argues that liberalism's most basic ethos is conceptually incompatible with pornography, as the latter celebrates an unjustified form of violence as its own end.


Toward A Third-Wave Feminist Legal Theory: Young Women, Pornography And The Praxis Of Pleasure, Bridget J. Crawford Jan 2007

Toward A Third-Wave Feminist Legal Theory: Young Women, Pornography And The Praxis Of Pleasure, Bridget J. Crawford

Michigan Journal of Gender & Law

Part I of this Article explores the general themes of third-wave feminist writings. The Article begins with an overview of third-wave feminist literature and its predominant concerns. These concerns are (1) dissatisfaction with earlier feminists; (2) the multiple nature of personal identity; (3) the joy of embracing traditional feminine appearance and attributes; (4) the centrality of sexual pleasure and sexual self-awareness; (5) the obstacles to economic empowerment; and (6) the social and cultural impact of media and technology. Textual analysis reveals third-wave feminists' reliance on non-legal tools for remedying gender inequality. Although third-wave feminists acknowledge the law's role in ...


Parens Patriae And A Modest Proposal For The Twenty-First Century: Legal Philosophy And A New Look At Children's Welfare, Natalie Loder Clark Jan 2000

Parens Patriae And A Modest Proposal For The Twenty-First Century: Legal Philosophy And A New Look At Children's Welfare, Natalie Loder Clark

Michigan Journal of Gender & Law

This paper will turn to philosophy to seek material for limiting the exercise of parens patriae power. A significant reduction of the government's role will better serve the modern concern for child rearing which is this century's re-definition of best interests.


"O Wind, Remind Him That I Have No Child": Infertility And Feminist Jurisprudence, Linda J. Lacey Jan 1998

"O Wind, Remind Him That I Have No Child": Infertility And Feminist Jurisprudence, Linda J. Lacey

Michigan Journal of Gender & Law

Feminists have constructed a "grand theory" of infertility and new reproductive techniques that has little to do with reality. Much of the discussion of reproductive technology is written in highly abstract, philosophical terms, rather than in the more experiential, narrative style which characterizes much of feminist jurisprudence. The infertile woman is generally voiceless and invisible in the telling of this story; when she does appear she is dismissed or criticized. This Article is an attempt to begin dialogue which incorporates her perspective into the discussion.


A Feminist Approach To Social Scientific Evidence: Foundations, Andrew E. Taslitz Jan 1998

A Feminist Approach To Social Scientific Evidence: Foundations, Andrew E. Taslitz

Michigan Journal of Gender & Law

This Article addresses several aspects of a feminist approach to social scientific evidence, specifically, the interpretive nature of mental states, the feminist attitude toward juries, and the political nature of evidence law.


Lessons For The United States: A Greek Cypriot Model For Domestic Violence Law, Joan L. Neisser Jan 1996

Lessons For The United States: A Greek Cypriot Model For Domestic Violence Law, Joan L. Neisser

Michigan Journal of Gender & Law

The purpose of this Article is twofold: to view the problem of domestic violence victims not wishing to testify against their abusers through the lenses of different feminist perspectives; and to use the Greek Cypriot experience as a model to test the value of these theories when developing legal policies addressing this issue.