Law Commons^™

An Exegesis Of The Meaning Of Dobbs: Despotism, Servitude, & Forced Birth, Athena D. Mutua

Journal Articles

The Dobbs decision has been leaked. Gathered outside of New York City's St. Patrick's Old Cathedral, pro-choice protesters chant: "Not the church, not the state, the people must decide their fate."

A white man wearing a New York Fire Department sweatshirt and standing on the front steps responds: "l am the people, l am the people, l am the people, the people have decided, the court has decided, you lose . . . . You have no choice. Not your body, not your choice, your body is mine and you're having my baby."

Despicable but not unexpected,³ this man's comments …

Overqualified And Underrepresented: Gender Inequality In Pharmaceutical Patent Law, S. Sean Tu, Paul R. Gugliuzza, Amy Semet

Journal Articles

Pharmaceutical patents represent some of the most valuable intellectual property assets in the world: they can be worth billions of dollars if courts uphold their validity and find them infringed. But, if invalidated, generic drug manufacturers can get to market earlier, generating billions of dollars of revenue for themselves and creating enormous savings for consumers. Accordingly, drug patents are the product of careful, high-cost prosecution and are associated with high-stakes, bet-the-company litigation. But women lawyers are noticeably absent from pharmaceutical patent practice. This article reports an original empirical study finding that women comprise only one-third of the top pharmaceutical patent …

Topology Of The Closet, Michael Boucai

Journal Articles

Despite the closet’s centrality to queer culture and theory, the metaphor’s various meanings have yet to be disaggregated and defined. Following Eve Kosofsky Sedgwick’s identification of the closet with a “crisis of homo/heterosexual definition, indicatively male, dating from the end of the nineteenth century,” the present article uses an array of late-Victorian sources—especially The Memoirs of John Addington Symonds and Teleny, a pornographic novel sometimes attributed to Oscar Wilde—to describe and distinguish: (1) so-called latent homosexuality (“the unconscious closet”); (2) deliberate strategies of suppression, abstention, and reformation (“the conscious closet”); (3) clandestine pursuits of gay sex and sociability (“the double …

Sexual Lynching, Luis E. Chiesa

Journal Articles

Different groups of people experience rape in different ways. Empirical evidence confirms that women fear rape considerably more than men, that incarcerated males fear being sexually assaulted more than non-incarcerated males, and that transgender individuals are more fearful of being raped than cisgender individuals. In the case of women, fear of rape often conditions many decisions females make, including what to wear, where to go, and how much to drink. In the prison context, fear of rape leads many men to adopt overly aggressive behaviors as a way of safeguarding against being raped. Genderqueer people often follow a series of …

Are We Economic Engines Too? Precarity, Productivity, And Gender, Martha T. Mccluskey

Journal Articles

No abstract provided.

Compensatory Women's Rights Legal Education In Eastern Europe: The Women's Human Rights Training Institute, Isabel Marcus

Journal Articles

To compensate for the absence/minimization of women's rights in the law faculty curriculum in post-socialist states, in 2002 a coalition of women's rights NGOs, funded by OSI, developed a Women's Human Rights Training Institute (WHRTI) in Sofia, Bulgaria. Now embarking on its sixth cycle and having graduated more than 100 lawyers (mostly working in NGOs in post-socialist states), WHRTI has developed a women's rights legal education and training program triad consisting of feminist legal theory, women's rights legal practice, and feminist legal pedagogy. The goal of the program is to educate and train lawyers to understand and use various domestic, …

20 Years Of Domestic Violence Advocacy, Collaborations, And Challenges: Reflections Of A Clinical Law Professor, Suzanne E. Tomkins

Journal Articles

No abstract provided.

The Great American Makeover: The Sexing Up And Dumbing Down Of Women's Work After Jespersen V. Harrah's Operating Company, Inc., Dianne Avery

Journal Articles

No abstract provided.

Branded: Corporate Image, Sexual Stereotyping, And The New Face Of Capitalism, Dianne Avery, Marion Crain

Journal Articles

No abstract provided.

Putting "Protection" Back In The Equal Protection Clause: Lessons From Nineteenth Century Women's Rights Activists' Understandings Of Equality, Lucinda M. Finley

Journal Articles

No abstract provided.

The Hidden Victims Of Tort Reform: Women, Children, And The Elderly, Lucinda M. Finley

Journal Articles

I have conducted empirical research from several states on how juries in medical malpractice and other tort suits allocate their damage awards between economic loss damages and noneconomic loss damages. I then compared cases in which men are the victims and cases in which women are the victims. This research demonstrates that while overall men tend to recover greater total damages, juries consistently award women more in noneconomic loss damages than men, and that the noneconomic portion of women's total damage awards is significantly greater than the percentage of men's tort recoveries attributable to noneconomic damages. Consequently, any cap on …

Efficiency And Social Citizenship: Challenging The Neoliberal Attack On The Welfare State, Martha T. Mccluskey

Journal Articles

In the face of rising economic inequality and shrinking welfare protections, some scholars recently have revived interest in T.H. Marshall's theory of "social citizenship." That theory places economic rights alongside political and civil rights as fundamental to public well-being. But this social citizenship ideal stands against the prevailing neoliberal ("free market") ideology, which asserts that state abstention from economic protection generates societal well-being. Using the examples of AFDC and workers' compensation in the 1990s, I analyze how arguments about economic efficiency have worked to characterize social welfare programs as producers of public vice rather than public virtue. A close examination …

African Women In France: Immigration, Family And Work, Judy Scales-Trent

Journal Articles

No abstract provided.

Equal Rights Advocates: Addressing The Legal Issues Of Women Of Color, Judy Scales-Trent

Journal Articles

No abstract provided.

Female Trouble: The Implications Of Tort Reform For Women, Lucinda M. Finley

Journal Articles

No abstract provided.

Sex-Blind, Separate But Equal, Or Anti-Subordination? The Uneasy Legacy Of Plessy V. Ferguson For Sex And Gender Discrimination, Lucinda M. Finley

Journal Articles

No abstract provided.

Institutional Myths, Historical Narratives And Social Science Evidence: Reading The "Record" In The Virginia Military Institute Case, Dianne Avery

Journal Articles

No abstract provided.

Domestic Violence & Partner Notification: Implications For Treatment And Counseling Of Women With Hiv, Karen H. Rothenberg, Stephen Paskey, Melissa M. Reuland, Sheryl Itkin Zimmerman, Richard L. North

Journal Articles

No abstract provided.

The Risk Of Domestic Violence And Women With Hiv Infection: Implications For Partner Notification, Public Policy, And The Law, Karen H. Rothenberg, Stephen Paskey

Journal Articles

No abstract provided.

Transforming Victimization, Martha T. Mccluskey

Other Scholarship

No abstract provided.

Privileged Violence, Principled Fantasy, And Feminist Method: The Colby Fraternity Case, Martha T. Mccluskey

Journal Articles

No abstract provided.

The Daughters Of Job: Property Rights And Women's Lives In Mid-Nineteenth-Century Massachusetts, Dianne Avery, Alfred S. Konefsky

Journal Articles

No abstract provided.

Gender And Specialization In The Practice Of Divorce Law, Richard J. Maiman, Lynn Mather, Craig A. Mcewen

Journal Articles

No abstract provided.

Many Realities Many Words: Abortion And The Struggle Over Meaning (Review Of Three Titles), Isabel Marcus

Book Reviews

No abstract provided.

Feminist Jurisprudence: The 1990 Myra Bradwell Day Panel, Elizabeth M. Schneider, Lucinda M. Finley, Carin Clauss, Joan Bertin

Journal Articles

No abstract provided.

Women In The Lawyering Process: The Complications Of Categories, Judy Scales-Trent

Journal Articles

No abstract provided.

Womens' Experience In Legal Education: Silencing And Alienation, Lucinda M. Finley

Journal Articles

No abstract provided.

Breaking Women's Silence In Law: The Dilemma Of The Gendered Nature Of Legal Reasoning, Lucinda M. Finley

Journal Articles

No abstract provided.

Black Women And The Constitution: Finding Our Place, Asserting Our Rights, Judy Scales-Trent

Journal Articles

No abstract provided.

A Break In The Silence: Including Women's Issues In A Torts Course, Lucinda M. Finley

Journal Articles

No abstract provided.