Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Women (5)
- Law and Society (4)
- Civil Rights (3)
- Constitutional Law (3)
- Equal protection (3)
-
- Public Law and Legal Theory (3)
- Abortion (2)
- Choice of law (2)
- Courts (2)
- Domestic Relations (2)
- Erie (2)
- Feminist theory (2)
- Gasperini (2)
- Juveniles (2)
- Practice and Procedure (2)
- Rules Enabling Act (2)
- Rules of Decision Act (2)
- Semtek (2)
- Separation of powers (2)
- Shady Grove (2)
- Abstinence (1)
- Caretaking (1)
- Dependency (1)
- Disparate impact (1)
- Education Law (1)
- Elder Law (1)
- Family (1)
- First amendment (1)
- Health Law and Policy (1)
- John Rawls (1)
- File Type
Articles 1 - 7 of 7
Full-Text Articles in Law
Of Woman Born? Technology, Relationship, And The Right To A Human Mother, Jennifer S. Hendricks
Of Woman Born? Technology, Relationship, And The Right To A Human Mother, Jennifer S. Hendricks
Jennifer S. Hendricks
This article explores the legal implications of a scientific fantasy: the fantasy of building artificial wombs that could gestate a human child from conception. It takes as its touchstone a claim by sociologist Barbara Katz Rothman, who writes, “Every human child has a right to a human mother.”
While the article discusses the legal principles that would apply to artificial wombs, it is skeptical about the technological possibility of artificial wombs in the foreseeable future. Accordingly, the focus of the article is the effect that the fantasy of artificial gestation has on the legal discourse around pregnancy and reproduction today. …
Renegotiating The Social Contract, Jennifer S. Hendricks
Renegotiating The Social Contract, Jennifer S. Hendricks
Jennifer S. Hendricks
This essay reviews Maxine Eichner's new book, "The Supportive State: Families, Government, and America's Political Ideals." It highlights Eichner's important theoretical contributions to both liberal political theory and feminist theory, applauding her success in reforming liberalism to account for dependency, vulnerability, and families. The essay then considers some implications of Eichner's proposals and their likely reception among feminists. It concludes that "The Supportive State" is a sound and inspiring response to recent calls that feminist theory move from being strictly a school of criticism to developing a theory of governance.
In Defense Of The Substance-Procedure Dichotomy, Jennifer S. Hendricks
In Defense Of The Substance-Procedure Dichotomy, Jennifer S. Hendricks
Jennifer S. Hendricks
John Hart Ely famously observed, “We were all brought up on sophisticated talk about the fluidity of the line between substance and procedure,” but for most of Erie’s history, the Supreme Court has answered the question “Does this state law govern in federal court?” with a “yes” or a “no.” Beginning, however, with Gasperini v. Center for Humanities, and continuing with Semtek v. Lockheed and Shady Grove v. Allstate, a shifting coalition of justices has pursued a third path. Instead of declaring state law applicable or inapplicable, they have claimed for themselves the prerogative to fashion law that purportedly accommodates …
Ending Erie's Third Phase: Why The Supreme Court Should Stop Freelancing And Go Back To Drawing Lines Between Substance And Procedure, Jennifer S. Hendricks
Ending Erie's Third Phase: Why The Supreme Court Should Stop Freelancing And Go Back To Drawing Lines Between Substance And Procedure, Jennifer S. Hendricks
Jennifer S. Hendricks
John Hart Ely famously observed, “We were all brought up on sophisticated talk about the fluidity of the line between substance and procedure,” but for most of Erie’s history, the Supreme Court has answered the question “Does this state law govern in federal court?” with a “yes” or a “no.” Beginning, however, with Gasperini v. Center for Humanities, and continuing with Semtek v. Lockheed and Shady Grove v. Allstate, a shifting coalition of justices has pursued a third path. Instead of declaring state law applicable or inapplicable, they have claimed for themselves the prerogative to fashion law that purportedly accommodates …
Teaching Values, Teaching Stereotypes: Sex Ed And Indoctrination In Public Schools, Jennifer S. Hendricks
Teaching Values, Teaching Stereotypes: Sex Ed And Indoctrination In Public Schools, Jennifer S. Hendricks
Jennifer S. Hendricks
Many sex education curricula currently used in public schools indoctrinate students in gender stereotypes. As expressed in the title of one article: “If You Don’t Aim to Please, Don’t Dress to Tease,” and Other Public School Sex Education Lessons Subsidized by You, the Federal Taxpayer (Jennifer L. Greenblatt, 14 TEX. J. ON C.L. & C.R. 1 (2008)). Other lessons pertain not only to responsibility for sexual activity but to lifelong approaches to family life and individual achievement. One lesson, for example, instructs students that, in marriage, men need sex from their wives and women need financial support from their husbands. …
Contingent Equal Protection: Reaching For Equality After Ricci And Pics, Jennifer S. Hendricks
Contingent Equal Protection: Reaching For Equality After Ricci And Pics, Jennifer S. Hendricks
Jennifer S. Hendricks
The Supreme Court’s decision in Parents Involved in Community Schools v. Seattle School District #1 has been extensively analyzed as the latest step in the Court’s long struggle with the desegregation of public schools. This Article examines the decision’s implications for the full range of equal protection doctrine dealing with benign or remedial race and sex classifications. Parents Involved revealed a sharp division on the Court over whether government may consciously try to promote substantive equality. In the past, such efforts have been subject to an equal protection analysis that allows race-conscious or sex-conscious state action, contingent on existing, de …
Body And Soul: Equality, Pregnancy, And The Unitary Right To Abortion, Jennifer S. Hendricks
Body And Soul: Equality, Pregnancy, And The Unitary Right To Abortion, Jennifer S. Hendricks
Jennifer S. Hendricks
This Article explores equality-based arguments for abortion rights, revealing both their necessity and their pitfalls. It first uses the narrowness of the “health exception” to abortion regulations to show why equality arguments are needed—because our legal tradition's conception of liberty is based on male experience, and we have no theory of basic human rights grounded in women's reproductive experiences. Next, however, the Article shows that equality arguments, although necessary, can undermine women's reproductive freedom because they require that pregnancy and abortion be analogized to male experiences. The result is that equality arguments focus on either the bodily or the social …