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Full-Text Articles in Law

Campus Misconduct, Sexual Harm And Appropriate Process: The Essential Sexuality Of It All, Katharine Baker Jan 2017

Campus Misconduct, Sexual Harm And Appropriate Process: The Essential Sexuality Of It All, Katharine Baker

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No abstract provided.


The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan Jan 2016

The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan

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No abstract provided.


The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan Jan 2016

The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan

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This symposium article discusses an unexamined area of legal aid and legal history—the role that late nineteenth and early twentieth century Jewish women played in the delivery of legal aid as social workers, lawyers, and, importantly, as cultural and legal brokers. It presents two such women who represented different types and models of legal aid—Minnie Low of the Chicago Bureau of Personal Service, a Jewish social welfare organization, and Rosalie Loew of the Legal Aid Society of New York. I interrogate how these women negotiated their identities as Jewish professional women, what role being Jewish and female played ...


Women And Justice For The Poor: A History Of Legal Aid, 1863–1945, Felice J. Batlan Jan 2015

Women And Justice For The Poor: A History Of Legal Aid, 1863–1945, Felice J. Batlan

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No abstract provided.


Legal History And The Politics Of Inclusion, Felice J. Batlan Jan 2014

Legal History And The Politics Of Inclusion, Felice J. Batlan

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No abstract provided.


Women's Legal History Symposium Introduction: Making History, Felice J. Batlan Jan 2012

Women's Legal History Symposium Introduction: Making History, Felice J. Batlan

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This essay introduces the Chicago-Kent Symposium on Women's Legal History: A Global Perspective. It seeks to situate the field of women's legal history and to explore what it means to begin writing a transnational women's history which transcends and at times disrupts the nation state. In doing so, it sets forth some of the fundamental premises of women's legal history and points to new ways of writing such histories.


It's Complicated: Privacy And Domestic Violence, Kimberly D. Bailey Jan 2012

It's Complicated: Privacy And Domestic Violence, Kimberly D. Bailey

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This Article challenges the notion that there is no role for privacy in the domestic violence context. Privacy is a complicated concept that has both positive and negative aspects, and this Article examines the value that more privacy could provide for domestic violence victims. While privacy was historically used as a shield for batterers, more privacy for domestic violence victims could protect their personhood, ensuring that they are treated with dignity and respect. In addition, current mandatory criminal justice policies have become so intrusive in many victims’ lives that limitations are needed to prevent the threat of state abuse. These ...


Response To Beth Richie’S Black Feminism, Gender Violence And The Build-Up Of A Prison Nation, Kimberly D. Bailey Jan 2011

Response To Beth Richie’S Black Feminism, Gender Violence And The Build-Up Of A Prison Nation, Kimberly D. Bailey

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No abstract provided.


The Gendered Lives Of Legal Aid: Lay Lawyers, Social Workers, And The Bar, 1863-1960, Felice J. Batlan Jan 2011

The Gendered Lives Of Legal Aid: Lay Lawyers, Social Workers, And The Bar, 1863-1960, Felice J. Batlan

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The Gendered Life of Legal Aid, 1863-1960 (manuscript in process) will be the first monograph on the history of civil legal aid in the United States. By closely examining the history of legal aid in New York, Chicago, and Boston, it presents a number of arguments with wide-ranging implications and it is animated by a host of conflicts. These include the relationship between legal aid and citizenship, the changing status of domestic relations law, the interactions between lawyers and social workers and their different understandings of the role and nature of law, what services legal aid should provide, and even ...


Lost In Translation: Domestic Violence, "The Personal Is Political," And The Criminal Justice System, Kimberly D. Bailey Jan 2011

Lost In Translation: Domestic Violence, "The Personal Is Political," And The Criminal Justice System, Kimberly D. Bailey

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No abstract provided.


Florence Kelley And The Battle Against Laissez-Faire Constitutionalism, Felice J. Batlan Jan 2010

Florence Kelley And The Battle Against Laissez-Faire Constitutionalism, Felice J. Batlan

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The usual story of the demise of laissez-faire constitutionalism in the 1930’s features heroes such as Louis Brandeis, Felix Frankfurter and the great male legal progressives of the day who rose up from academia, the bench, and the bar, to put an end to what historians label "legal orthodoxy." In this essay, I seek to demonstrate that Florence Kelley was a crucially important legal progressive who was at the front lines of drafting and defending new legislation that courts were striking down as violating the Fourteenth Amendment and State constitutions. Looking at who was drafting and lobbying for path ...


The Birth Of Legal Aid: Gender Ideologies, Women, And The Bar In New York City, 1863-1910, Felice J. Batlan Jan 2010

The Birth Of Legal Aid: Gender Ideologies, Women, And The Bar In New York City, 1863-1910, Felice J. Batlan

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No abstract provided.


Not Our Mother's Law School?: A Third-Wave Feminist Study Of Women's Experiences In Law School (With Kelly Hradsky, Kristen Jeschke, Lavonne Meyer & Jill Roberts), Felice J. Batlan, Kelly Hradsky, Kristen Jeschke, Lavonne Meyer, Jill Roberts Jan 2009

Not Our Mother's Law School?: A Third-Wave Feminist Study Of Women's Experiences In Law School (With Kelly Hradsky, Kristen Jeschke, Lavonne Meyer & Jill Roberts), Felice J. Batlan, Kelly Hradsky, Kristen Jeschke, Lavonne Meyer, Jill Roberts

All Faculty Scholarship

No abstract provided.


The Aftermath Of Crawford And Davis: Deconstructing The Sound Of Silence, Kimberly D. Bailey Jan 2009

The Aftermath Of Crawford And Davis: Deconstructing The Sound Of Silence, Kimberly D. Bailey

All Faculty Scholarship

No abstract provided.


The Ladies' Health Protective Association: Lay Lawyers And Urban Cause Lawyering, Felice J. Batlan Jan 2008

The Ladies' Health Protective Association: Lay Lawyers And Urban Cause Lawyering, Felice J. Batlan

All Faculty Scholarship

No abstract provided.


The Problem With Unpaid Work, Katharine K. Baker Jun 2007

The Problem With Unpaid Work, Katharine K. Baker

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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 ...


A Separate Crime Of Reckless Sex, Katharine K. Baker Feb 2005

A Separate Crime Of Reckless Sex, Katharine K. Baker

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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 ...


Gender And Emotion In Criminal Law, Katharine K. Baker Feb 2005

Gender And Emotion In Criminal Law, Katharine K. Baker

All Faculty Scholarship

No abstract provided.


A Journal Of One's Own? Beginning The Project Of Historicizing The Development Of Women's Law Journals, Felice J. Batlan Feb 2003

A Journal Of One's Own? Beginning The Project Of Historicizing The Development Of Women's Law Journals, Felice J. Batlan

All Faculty Scholarship

No abstract provided.


Gender, Genes, And Choice: A Comparative Look At Feminism, Evolution, And Economics, Katharine K. Baker Feb 2002

Gender, Genes, And Choice: A Comparative Look At Feminism, Evolution, And Economics, Katharine K. Baker

All Faculty Scholarship

No abstract provided.


Dialectics And Domestic Abuse, Katharine K. Baker Feb 2001

Dialectics And Domestic Abuse, Katharine K. Baker

All Faculty Scholarship

No abstract provided.


Biology For Feminists, Katharine K. Baker Feb 2000

Biology For Feminists, Katharine K. Baker

All Faculty Scholarship

No abstract provided.


What Rape Is And What It Ought Not Be, Katharine K. Baker Feb 1999

What Rape Is And What It Ought Not Be, Katharine K. Baker

All Faculty Scholarship

No abstract provided.


Sex, Rape And Shame, Katharine K. Baker Feb 1999

Sex, Rape And Shame, Katharine K. Baker

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This article explores how shame sanctions may be able to change the social meaning and decrease the prevalence of date rape. Arguing that men's tendency to date rape is fostered by social norms that treat sex as an accomplishment and, importantly, an accomplishment that enhances a man's masculinity status, the article suggests that one way to curb date rape is to curb the extent to which it is associated with masculine behavior. This strategy is necessary because the high premium society places on masculinity and the cultural confusion about when date rape is morally wrong and how it ...


Text, Context And The Problem With Rape, Katharine K. Baker Feb 1999

Text, Context And The Problem With Rape, Katharine K. Baker

All Faculty Scholarship

No abstract provided.


Property Rules Meet Feminist Needs: Respecting Autonomy By Valuing Connection, Katharine K. Baker Jan 1998

Property Rules Meet Feminist Needs: Respecting Autonomy By Valuing Connection, Katharine K. Baker

All Faculty Scholarship

No abstract provided.


A Wigmorian Defense Of Feminist Methods, Katharine K. Baker Feb 1997

A Wigmorian Defense Of Feminist Methods, Katharine K. Baker

All Faculty Scholarship

No abstract provided.


Once A Rapist? Motivational Evidence And Relevancy In Rape Law, Katharine K. Baker Jan 1997

Once A Rapist? Motivational Evidence And Relevancy In Rape Law, Katharine K. Baker

All Faculty Scholarship

No abstract provided.


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 Jan 1997

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

All Faculty Scholarship

No abstract provided.


Equality And Abortion: Legitimating Women's Experiences, Sarah K. Harding Feb 1992

Equality And Abortion: Legitimating Women's Experiences, Sarah K. Harding

All Faculty Scholarship

No abstract provided.