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Full-Text Articles in Law

A Relational Feminist Approach To Conflict Of Laws, Roxana Banu Jan 2017

A Relational Feminist Approach To Conflict Of Laws, Roxana Banu

Michigan Journal of Gender & Law

Feminist writers have long engaged in critiques of private law. Surrogacy contracts or the “reasonable man” standard in torts, for example, have long been the subjects of thorough feminist analysis and critique. When private law issues touch on more than one jurisdiction, Conflict of Laws is the doctrine that determines which jurisdiction can try the case and—as separate questions—which jurisdiction’s law should apply and under what conditions a foreign judgment can be recognized and enforced. Yet, there are virtually no feminist perspectives on Conflict of Laws (also known as Private International Law). This is still more surprising ...


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 ...


An Incomplete Revolution: Feminists And The Legacy Of Marital-Property Reform, Mary Ziegler Jan 2013

An Incomplete Revolution: Feminists And The Legacy Of Marital-Property Reform, Mary Ziegler

Michigan Journal of Gender & Law

As this Article shows, the conventional historical narrative of the divorce revolution is not so much incorrect as incomplete. Histories of the divorce revolution have focused disproportionately on the introduction of no-fault rules and have correctly concluded that women's groups did not play a central role in the introduction of such laws. However, work on divorce law has not adequately addressed the history of marital-property reform or engaged with scholarship on the struggle for the Equal Rights Amendment to the federal Constitution. Putting these two bodies of work in dialogue with one another, the Article provides the first comprehensive ...


Baring Inequality: Revisiting The Legalization Debate Through The Lens Of Strippers' Rights, Sheerine Alemzadeh Jan 2013

Baring Inequality: Revisiting The Legalization Debate Through The Lens Of Strippers' Rights, Sheerine Alemzadeh

Michigan Journal of Gender & Law

The debate over legalization of prostitution has fractured the feminist legal community for over a quarter century. Pro-legalization advocates promote the benefits attending government regulation of prostitution, including the ability to better prosecute sex crimes, increase public health and educational resources for individuals in the commercial sex trade, and apply labor and safety regulations to the commercial sex industry in the same manner as they are applied to other businesses. Some anti-legalization advocates identify themselves as "new abolitionists," and argue that government recognition of prostitution reinforces gender inequality. Often, this debate is framed in the hypothetical: What would happen if ...


Against The New Maternalism, Naomi Mezey, Cornelia T. L. Pillard Jan 2012

Against The New Maternalism, Naomi Mezey, Cornelia T. L. Pillard

Michigan Journal of Gender & Law

Parenting is a major preoccupation in law and culture. As a result of efforts of the American women's movement over the past forty years, the legal parent is, for the first time in history, sex-neutral. Our law has abandoned restrictions on women's education, employment, and civic participation that sprang from and reinforced beliefs about the primacy of motherhood as women's best destiny. On the flip side, U.S. law now also generally rejects formal constraints on men's family roles by requiring sex-neutrality of laws regulating custody, adoption, alimony, spousal benefits, and the like. The official de-linking ...


Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project, Susana Sacouto Jan 2012

Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project, Susana Sacouto

Michigan Journal of Gender & Law

The question this Article poses is whether victim participation--one of the most recent developments in international criminal law--has increased the visibility of the actual lived experience of survivors of sexual and gender-based violence in the context of war, mass violence, or repression. Under the Rome Statute, victims of the world's most serious crimes were given unprecedented rights to participate in proceedings before the Court. Nearly a decade later, a similar scheme was established to allow victims to participate as civil parties in the proceedings before the Extraordinary Chambers in the Courts of Cambodia (ECCC or Extraordinary Chambers), a court ...


Beyond The Binary: What Can Feminists Learn From Intersex Transgender Jurisprudence, Julie Greenberg, Marybeth Herald, Mark Strasser Jan 2010

Beyond The Binary: What Can Feminists Learn From Intersex Transgender Jurisprudence, Julie Greenberg, Marybeth Herald, Mark Strasser

Michigan Journal of Gender & Law

Our panel will be discussing recent developments in the intersex and transsexual communities. The transsexual community began to organize in the 1970s, but did not fully develop into a vibrant movement until the 1990s. The intersex movement was born in the mid-1990s and has rapidly developed a strong and influential voice. Recently, both movements have undergone profound changes and each has provided new and unique theoretical perspectives that can potentially benefit other social justice groups. The purpose of our dialogue today is to describe these developments and explore how feminists could potentially benefit from the theoretical frameworks that are being ...


Situations, Frames, And Stereotypes: Cognitive Barriers On The Road To Nondiscrimination, Marybeth Herald Jan 2010

Situations, Frames, And Stereotypes: Cognitive Barriers On The Road To Nondiscrimination, Marybeth Herald

Michigan Journal of Gender & Law

A study of the psychological literature can enhance legal theory by focusing attention on how the human brain perceives, distinguishes, categorizes, and ultimately makes decisions. The more that we learn about the brain's intricate operations, the more effective we can be at combating the types of gender biased decisions that influence our lives. In developing strategies to achieve equality, feminist, gay, lesbian, bisexual, transgender, and intersex activists would be wise to learn from the psychological literature. This Article highlights a few examples illustrating how this knowledge might re-direct strategic choices for combating gender inequality.


Past As Prologue: Old And New Feminisms, Martha Chamallas Jan 2010

Past As Prologue: Old And New Feminisms, Martha Chamallas

Michigan Journal of Gender & Law

Each "stage" of feminist legal theory-and each brand or strand of feminism- stays alive and is never completely replaced by newer approaches. When I first attempted to synthesize the field of Feminist Legal Theory for a treatise I was writing at the end of the twentieth century, I thought it would be useful to think chronologically and to analyze the major developments of the 1970s, 1980s, and 1990s. I crudely divided feminist legal theory into three stages roughly corresponding to the preceding decades: the equality stage of the 1970s, the difference stage of the 1980s, and the diversity stage of ...


Setting The Stage: A Quick Glance Back At The Journal's History, Julia L. Ernst Jan 2010

Setting The Stage: A Quick Glance Back At The Journal's History, Julia L. Ernst

Michigan Journal of Gender & Law

This symposium, organized by the Michigan Journal of Gender & Law, explored several cutting-edge topics related to its over-arching theme, "Rhetoric & Relevance: An Investigation into the Present and Future of Feminist Legal Theory." When the journal editors invited me to provide a few opening remarks, they informed me that: the goal of this symposium is to have a series of discussions about current happenings in the field of feminist legal scholarship, so that we may start to answer the question, "What's next?" These discussions will take place in the form of panels that focus on particular areas of the law ...


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 ...


Dealing With Hate In The Feminist Classroom: Re-Thinking The Balance, Kathryn M. Stanchi Jan 2005

Dealing With Hate In The Feminist Classroom: Re-Thinking The Balance, Kathryn M. Stanchi

Michigan Journal of Gender & Law

The goals of this essay are two-fold. First, by describing the experience the author had in Law and Feminism, the essay will show how hateful and harassing speech in a seminar devoted to issues of gender, race and sexuality can rob students of important educational experiences. The story of the author’s class is meant to remind legal educators and administrators of the concrete harm, both personal and educational, of hate speech. Too often the hate speech debate focuses on the theoretical and the abstract; participants forget that the principles at stake have demonstrable consequences for real people. Second, while ...


Restructuring The Marital Bedroom: The Role Of The Privacy Doctrine In Advocating The Legalization Of Same-Sex Marriage, Nadine A. Gartner Jan 2004

Restructuring The Marital Bedroom: The Role Of The Privacy Doctrine In Advocating The Legalization Of Same-Sex Marriage, Nadine A. Gartner

Michigan Journal of Gender & Law

Part I of this paper examines the reasons underlying queer rights advocates' reluctance to insert privacy arguments into the case for legalizing same-sex marriage. Part II illustrates that, due to such disinclination, advocates transformed notions of privacy into concepts of liberty. Part III argues that, after the Lawrence decision, proponents of same-sex marriage can and should use privacy-based arguments to fortify their claims.


Feminist Voices In The Debate Over Single-Sex Schooling: Finding Common Ground, Rosemary C. Salomone Jan 2004

Feminist Voices In The Debate Over Single-Sex Schooling: Finding Common Ground, Rosemary C. Salomone

Michigan Journal of Gender & Law

This article examines the deep divide within feminist ranks with an eye toward proposing a constructive and essential role for feminist understandings as single-sex schooling inches its way toward legal acceptability and into the mainstream of educational reform. In doing so, the forces that have shaped competing perspectives on women's equality are examined, especially disagreements over sameness and difference. In the end the article looks to the Court's decision in United States v. Virginia as a road map for feminists to follow in reaching common ground on the approach, despite seemingly profound ideological differences among them.


The Use Of Human Rights Discourse To Secure Women's Interests: Critical Analysis Of The Implications, Renu Mandhane Jan 2004

The Use Of Human Rights Discourse To Secure Women's Interests: Critical Analysis Of The Implications, Renu Mandhane

Michigan Journal of Gender & Law

This article highlights the significant theoretical constraints of universalism, the tendency of human rights advocates to ignore the underlying cause of rights violations, as well as problems associated with the concept of and informal hierarchy between rights. The article suggests that there are certain circumstances in which INGOs that rely primarily on human rights language in their advocacy efforts may wish to supplement their analysis with explicit reference to feminist legal theory in order to more effectively secure women's interests globally. These ideas will be developed with ongoing reference to the recent and successful campaign initiated by Nepali women ...


United Nations Convention Documents In Light Of Feminist Theory, R. Christopher Preston, Ronald Z. Ahrens Jan 2001

United Nations Convention Documents In Light Of Feminist Theory, R. Christopher Preston, Ronald Z. Ahrens

Michigan Journal of Gender & Law

This article proposes that language identifying human rights of women in U.N. Conference documents has its origin in several different feminist theories. An understanding of these theories can help to clarify meaning, resolve inconsistencies, and predict the future direction of language in U.N. documents. Part I examines three prominent feminist theories and their relation to international law. Part II examines the history of women's rights in U.N. documents and examines the influence of feminist theory on the document language. Using the Women and the Economy section of the Fourth World Conference on Women, Platform for Action ...


"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.


Reproductive Liberty Under The Threat Of Care: Deputizing Private Agents And Deconstructing State Action, Linda Kelly Jan 1998

Reproductive Liberty Under The Threat Of Care: Deputizing Private Agents And Deconstructing State Action, Linda Kelly

Michigan Journal of Gender & Law

This Article uncovers the unsettling parallels between feminism and the recent restrictions on reproductive liberty in order to reveal the threat posed by the feminist ethic of care. By critically reexamining feminism's foundation and direction, the need for greater emphasis on female individuality becomes apparent. Kelly’s contention is that such a perspective, aggressively supported by the state, will ensure feminism's progress and encourage the achievement of gender equality.


An Essay On The Piano, Law, And The Search For Women's Desire, Julia E. Hanigsberg Jan 1996

An Essay On The Piano, Law, And The Search For Women's Desire, Julia E. Hanigsberg

Michigan Journal of Gender & Law

The thesis of this essay is a simple one: to have a measure of control over her destiny, to have any choices, a woman must be a sexual agent, a subject of desire rather than an object. How can women exercise any autonomy in any other realms if in their most intimate lives they are unable to voice their desires? I do not mean to suggest that sexuality has unlimited explanatory power or that everything about women's domination can be explained by a rearticulation of desire. I do believe, however, that although the issue of sexuality is much discussed ...


Book Review: From Basic Needs To Basic Rights: Women's Claim To Human Rights. Edited By Margaret A. Schuler. Washington, D.C.: Women, Law And Development International, 1995. 597 Pages., Joel Armstrong Schoenmeyer Jan 1996

Book Review: From Basic Needs To Basic Rights: Women's Claim To Human Rights. Edited By Margaret A. Schuler. Washington, D.C.: Women, Law And Development International, 1995. 597 Pages., Joel Armstrong Schoenmeyer

Michigan Journal of Gender & Law

In the review of this work, Schoenmeyer will adhere to the structure provided by Schuler. In doing so, he will give an overview of the topics addressed in each individual section and then attempt to tie together and further analyze some of the book's main concepts.


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.


Can Families Be Efficient? A Feminist Appraisal, Ann Laquer Estin Jan 1996

Can Families Be Efficient? A Feminist Appraisal, Ann Laquer Estin

Michigan Journal of Gender & Law

This Article examines the convergence of feminist and law and economics theory on family law questions, particularly issues of marriage and divorce. Both feminist legal theory and law and economics analysis have come to occupy a significant place in the American legal academy, demonstrated by growing numbers of conferences, journals, casebooks and monographs, and electronic mail lists in each area. Not surprisingly, as the two fields have grown, they have begun to touch, to overlap, and occasionally to come into conflict. This process has been evident in the extensive literature on sex discrimination in employment and is increasingly apparent in ...


A Feminist Theory Of Malebashing, Susan H. Williams, David C. Williams Jan 1996

A Feminist Theory Of Malebashing, Susan H. Williams, David C. Williams

Michigan Journal of Gender & Law

The concern about feminist "malebashing" is increasingly common, inside the university and out, but unfortunately, because of the emotions involved, most discussions of malebashing generate more confusion than understanding. When feminists say negative things about men, they often speak in anger and perhaps fear. When men respond, they are often angry, defensive, and perhaps hurt. While this confusion may be understandable, it is still counter-productive. The dialogue is plagued by a failure to answer with precision or rigor the most basic questions about this subject: What is "malebashing," i.e., illegitimate negative statements about men, and how is it different ...


Strategies Of Connection: Prostitution And Feminist Politics, Margaret A. Baldwin Jan 1993

Strategies Of Connection: Prostitution And Feminist Politics, Margaret A. Baldwin

Michigan Journal of Gender & Law

A feminist political approach to prostitution must begin from these strengths and be tested against the standards set by them. I want to address how taking each of these strengths seriously can create sustained resistance against prostitution.