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Articles 1 - 15 of 15
Full-Text Articles in Law
Bionormativity And The Construction Of Parenthood, Katharine K. Baker
Bionormativity And The Construction Of Parenthood, Katharine K. Baker
Katharine K. Baker
This piece explores the relationship between legal and biological parenthood. It examines how neither history, nor evolutionary biology nor moral philosophy dictate a legal regime in which parenthood must be based on biological connection, but that attraction to a biological (or “bionormative”) regime remains strong. In explaining why, it suggests that much of what attracts people to bionormativity is not biology itself, but the way in which a biological regime constructs parenthood as a private, exclusive and binary enterprise. It is these ancillary qualities of bionormativity that people may care the most about. Today, a variety of forces put pressure …
The Problem With Unpaid Work, Katharine K. Baker
The Problem With Unpaid Work, Katharine K. Baker
Katharine K. Baker
This article examines the problems with a social norm that assumes women should shoulder a disproportionate amount of unpaid family work. It evaluates the most recent empirical data which suggests that women continue to do substantially more unpaid work than men, and men continue to do substantially more paid work than women. It then briefly reviews two standard explanations for where this gendered division of work may come from, biological inclination and/or systems of male dominance. It suggests that neither of these traditional explanations have given adequate consideration to the normative question begged by the extant division of labor. Is …
Supporting Children, Balancing Lives, Katharine K. Baker
Supporting Children, Balancing Lives, Katharine K. Baker
Katharine K. Baker
This paper examines how U.S. child support policy validates traditional divisions of labor and thereby hinders individual attempts to achieve an acceptable work/family balance. It argues that by using the household as the relevant unit of measurement for child support purposes, family law doctrine legitimates the specialization contracts that arise within households. These specialization contracts, used most extensively in wealthy, elite households, undermine attempts to distribute caretaking and provider roles more equally between parents. The article suggest that by dispensing with the household as the relevant unit of measurement and treating all parents individually, each with a responsibility to caretake …
Gender And Emotion In Criminal Law, Katharine K. Baker
Gender And Emotion In Criminal Law, Katharine K. Baker
Katharine K. Baker
No abstract provided.
A Separate Crime Of Reckless Sex, Katharine K. Baker
A Separate Crime Of Reckless Sex, Katharine K. Baker
Katharine K. Baker
This article attempts to make progress on both the problems of sexually transmitted disease and acquaintance rape by proposing a new crime of reckless sexual conduct. A defendant would be guilty of reckless sexual conduct if, in a first sexual encounter with another particular person, the defendant had sexual intercourse without using a condom. Consent to unprotected intercourse would be an affirmative defense, to be established by the defendant with a preponderance of the evidence. As an empirical matter, first-encounter unprotected sex greatly increases the epidemiological force of sexually transmitted disease and a substantial proportion of acquaintance rape occurs in …
Bargaining Or Biology? The History And Future Of Paternity Law And Parental Status, Katharine K. Baker
Bargaining Or Biology? The History And Future Of Paternity Law And Parental Status, Katharine K. Baker
Katharine K. Baker
In practice, paternity rulings are remarkably unimportant. With the exception of state welfare authorities pursuing mostly impoverished biological fathers, few paternity actions are brought, few mothers want to bring them and (even with state-sponsored pursuit) very few dollars get transferred to children as a result of them. In theory, however, paternity judgments are very and perniciously important because they keep alive the biological fatherhood ideal, an ideal that has never been reflected in law or fact and that is inconsistent with the emerging law of parental rights and responsibilities. This article challenges the biological fatherhood ideal and suggests that contract, …
Dialectics And Domestic Abuse (Reviewing Elizabeth M. Schneider, Battered Women And Feminist Lawmaking (2000)), Katharine K. Baker
Dialectics And Domestic Abuse (Reviewing Elizabeth M. Schneider, Battered Women And Feminist Lawmaking (2000)), Katharine K. Baker
Katharine K. Baker
No abstract provided.
Biology For Feminists, Katharine K. Baker
Text, Context And The Problem With Rape, Katharine K. Baker
Text, Context And The Problem With Rape, Katharine K. Baker
Katharine K. Baker
No abstract provided.
Property Rules Meet Feminist Needs: Respecting Autonomy By Valuing Connection, Katharine K. Baker
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 …
A Wigmorian Defense Of Feminist Methods, Katharine K. Baker
A Wigmorian Defense Of Feminist Methods, Katharine K. Baker
Katharine K. Baker
No abstract provided.
Once A Rapist? Motivational Evidence And Relevancy In Rape Law, Katharine K. Baker
Once A Rapist? Motivational Evidence And Relevancy In Rape Law, Katharine K. Baker
Katharine K. Baker
Feminist scholars and activists have long sought to reform rape laws and evidence rules in order to increase the number of successful rape prosecutions in the United States. In partial response to these efforts, and in an effort to decrease crime, the 104th Congress amended the Federal Rules of Evidence by adding Rule 413, which makes prior acts of sexual assault by alleged rapists admissible in criminal sexual assault cases. The new Rule 413 was meant to level the legal playing field between rapists and their accusers. Professor Baker argues that the new Rule is misguided because it fails to …
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
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.
Consorting With The Forests: Rethinking Our Relationships To Natural Resources And How We Should Value Their Loss, Katharine K. Baker
Consorting With The Forests: Rethinking Our Relationships To Natural Resources And How We Should Value Their Loss, Katharine K. Baker
Katharine K. Baker
Section I of this article defines the contours of the natural resource damage cause of action by explaining who sues, on whose behalf they sue, and for what they sue. It is in this section that I take issue with the environmentalists' claim that trees should have standing and the economists' claim that the right at stake is a property right. Section II explores the nature of the human connection to the environment, how that connection is affected by natural resource damage loss, and why it is legitimate to compensate for the loss of that connection. Analysis of the subjective …
Comment, Contracting For Security: Paying Married Women What They've Earned, Katharine K. Baker
Comment, Contracting For Security: Paying Married Women What They've Earned, Katharine K. Baker
Katharine K. Baker
No abstract provided.