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Articles 1 - 30 of 40
Full-Text Articles in Law
Tribe's Judicious Feminism, Anita L. Allen
Tribe's Judicious Feminism, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Justice Brennan's Gender Jurisprudence, Rebecca Korzec
Justice Brennan's Gender Jurisprudence, Rebecca Korzec
All Faculty Scholarship
During his thirty-four year tenure on the Supreme Court, Justice William Joseph Brennan, Jr. demonstrated unparalleled sensitivity to the protection of individual rights. Justice Brennan's landmark opinions included Baker v. Carr, Goldberg v. Kelly, and New York Times Co. v. Sullivan. before Brennan, Supreme Court jurisprudence exalted judicial passivity by employing techniques for avoiding constitutional issues, such as abstention, comity, exhaustion of remedies and the political question doctrine.
Against this background, Brennan became an active judicial voice in a series of innovative landmark cases, including decisions requiring federal officials to pay damages for violation of citizens' constitutional rights; authorizing federal …
1989-1990 Biennial Report, Commission On The Status Of Women
1989-1990 Biennial Report, Commission On The Status Of Women
California Agencies
No abstract provided.
Many Realities Many Words: Abortion And The Struggle Over Meaning (Review Of Three Titles), Isabel Marcus
Many Realities Many Words: Abortion And The Struggle Over Meaning (Review Of Three Titles), Isabel Marcus
Book Reviews
No abstract provided.
Correspondence: Letter, April 18, 1991, To Dr. Saffy (Version 2), Tommy Hazouri
Correspondence: Letter, April 18, 1991, To Dr. Saffy (Version 2), Tommy Hazouri
Saffy Collection - All Textual Materials
A letter from Mayor Hazouri thanking Dr. Saffy for all the time and energy she put into his re-election campaign. Handwritten note: Edna, You've been great!
Correspondence: Letter, April 18, 1991, To Dr. Saffy, Tommy Hazouri
Correspondence: Letter, April 18, 1991, To Dr. Saffy, Tommy Hazouri
Saffy Collection - All Textual Materials
A letter from Mayor Hazouri thanking Dr. Saffy for all the time and energy she put into his re-election campaign. Handwritten note: Edna - You've been great! My thanks for all your help!
Dissolving The Sameness/Difference Debate: A Post-Modern Path Beyond Essentialism In Feminist And Critical Race Theory, Joan C. Williams
Dissolving The Sameness/Difference Debate: A Post-Modern Path Beyond Essentialism In Feminist And Critical Race Theory, Joan C. Williams
Faculty Scholarship
No abstract provided.
Law's Patriarchy, Lynne Henderson
Note, Sex(Ual Orientation) And Title Vii, I. Bennett Capers
Note, Sex(Ual Orientation) And Title Vii, I. Bennett Capers
Faculty Scholarship
No abstract provided.
Feminist Jurisprudence: The 1990 Myra Bradwell Day Panel, Elizabeth M. Schneider, Lucinda M. Finley, Carin Clauss, Joan Bertin
Feminist Jurisprudence: The 1990 Myra Bradwell Day Panel, Elizabeth M. Schneider, Lucinda M. Finley, Carin Clauss, Joan Bertin
Journal Articles
No abstract provided.
Intimacy Outside Of The Natural Family: The Limits Of Privacy, Martha Albertson Fineman
Intimacy Outside Of The Natural Family: The Limits Of Privacy, Martha Albertson Fineman
Faculty Articles
In this paper I undertake a very pragmatic and focused consideration of whether it is possible to rework existing legal concepts of privacy in a way that would be ideologically compatible with dominant social norms in order to shield single mothers from excessive state regulation and supervision. I ultimately conclude that my desire to protect the decisionmaking autonomy and the dignity of poor and/or single mothers cannot be satisfied by resort to this area of law. At the constitutional level, this is so because notions of privacy are typically articulated as rights belonging to individuals, not family entities. And …
Divorce Stories: Readings, Comments And Questions On Law And Narrative, Carol Weisbrod
Divorce Stories: Readings, Comments And Questions On Law And Narrative, Carol Weisbrod
Faculty Articles and Papers
No abstract provided.
Sounds Of Silence On The Civil Jury, Laura Gaston Dooley
Sounds Of Silence On The Civil Jury, Laura Gaston Dooley
Law Faculty Publications
No abstract provided.
Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson
Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson
Publications
The legal branch of the women's movement, although of one mind on some subjects, is divided on the proper approach to pornography. Some feminists oppose the imposition of any legal burdens on pornography because they fear that feminist speech will be caught in the general suppression, and others believe that any such burdens must violate the first amendment. Professor Wesson suggests that pornography should be defined to include only those materials that equate sexual pleasure with the infliction of violence or pain, and imply approval of conduct that generates the actor's arousal or satisfaction through this infliction. So defined, pornography …
Evidence Engendered, Kit Kinports
Evidence Engendered, Kit Kinports
Journal Articles
Part I of this article briefly describes feminist legal theory and its evolution. Part II then discusses the extent to which evidence as a whole is a gendered topic that reflects predominantly male traits and ideals, and Part III analyzes various specific evidentiary doctrines from a feminist perspective. Finally, Part IV examines way of incorporating feminist theories in teaching an evidence course.
Feminist Jurisprudence: Why Law Must Consider Women's Perspectives, Ann Juergens
Feminist Jurisprudence: Why Law Must Consider Women's Perspectives, Ann Juergens
Faculty Scholarship
A growing number of scholars are asking how the law would be different if it took women's points of view and experiences into account. Feminist Jurisprudence argues that we must look at the norms embedded in our legal system and rethink the law. It is about being inclusive of women, and of all people who differ from the norms of the law as it is today. The endeavor will necessarily shake up established relations between family, the workplace and the state. Lawyers, judges, and legislators should get ready for the changes.
Toward Guidelines For Compelling Cesarean Surgery: Of Rights, Responsibility And Decisional Authenticity, Joel J. Finer
Toward Guidelines For Compelling Cesarean Surgery: Of Rights, Responsibility And Decisional Authenticity, Joel J. Finer
Law Faculty Articles and Essays
When, if ever, may a pregnant woman be compelled to undergo a cesarean section to save the life of a viable, verge-of-birth fetus? Courts and scholars have increasingly addressed the constitutional and ethical problems presented when a woman about to give birth requires a cesarean section to prevent the death of or severe harm to her fetus, and the woman refuses to have the surgery. Nationally, over a five year period, courts have heard twenty-one cases in which a court-ordered cesarean was being sought. Under what circumstances, if any, is it legally and ethically appropriate to compel a woman to …
Gender Wars: Selfless Women In The Republic Of Choice, Joan C. Williams
Gender Wars: Selfless Women In The Republic Of Choice, Joan C. Williams
Faculty Scholarship
No abstract provided.
Domestic Violence: The District Of Columbia’S New Mandatory Arrest Law, Catherine F. Klein
Domestic Violence: The District Of Columbia’S New Mandatory Arrest Law, Catherine F. Klein
Scholarly Articles
No abstract provided.
O'Connor: A Dual Role - An Introduction, Stephen Wermiel
O'Connor: A Dual Role - An Introduction, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Women's Rights Litigation In The 1980s: More Of The Same?, Tracey E. George, Lee Epstein
Women's Rights Litigation In The 1980s: More Of The Same?, Tracey E. George, Lee Epstein
Vanderbilt Law School Faculty Publications
In the September 1983 issue of Judicature,Karen O'Connor and Lee Epstein published the results of their examination of the fate of gender-based cases in the U.S. Supreme Court during the 1970s. Overall, they found that the justices were quite receptive to such claims, supporting the women's rights position in about 58 percent of the 63 disputes resolved between the 1969 and 1980 terms.
To Bear Or Not To Bear: Reproductive Freedom As An International Human Right, Berta E. Hernández-Truyol
To Bear Or Not To Bear: Reproductive Freedom As An International Human Right, Berta E. Hernández-Truyol
UF Law Faculty Publications
The right to reproductive freedom is recognized and protected in virtually every corner of this world. Domestic and international tribunals have increasingly found that the right to privacy includes such a right. Using the various "sources" of international law as an analytical framework, this Article posits, based on an internationalist's perspective, that reproductive freedom -- as part of the penumbral zone of enumerated and existing human rights or as a particular right in se -- is now included in the body of protected international human rights. Consequently, any government interference with the individual's exercise of such freedom constitutes an impermissible …
The Big Mac Attack: A Critical Affirmation Of Mackinnon's Unmodified Theory Of Patriarchal Power, Alexandra Z. Dobrowolsky, Richard F. Devlin Frsc
The Big Mac Attack: A Critical Affirmation Of Mackinnon's Unmodified Theory Of Patriarchal Power, Alexandra Z. Dobrowolsky, Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
For several years now, Catharine MacKinnon has impressed and inspired us in that she has consistently and eloquently articulated much of what we felt and feared: that the condition of women in North American society is intoler able; that the state, because of its acts and omissions, is complicitous in the enforced inequality of women; and that law, more often than not, has been part of the problem rather th.an part of the solution. However, despite our broad agreement with the general direction of MacKinnon 's analysis throughout this period, we each have had, in our own different ways, a …
Workplace Discrimination: Truthfulness And The Moral Imagination, Emily Calhoun
Workplace Discrimination: Truthfulness And The Moral Imagination, Emily Calhoun
Publications
No abstract provided.
A Family Like Any Other Family: Alternative Methods Of Defining Family In Law, Kris Franklin
A Family Like Any Other Family: Alternative Methods Of Defining Family In Law, Kris Franklin
Articles & Chapters
No abstract provided.
Compromising On Abortion, Daniel O. Conkle
Compromising On Abortion, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Criminal Abortion Revisited, Samuel W. Buell
Criminal Abortion Revisited, Samuel W. Buell
Faculty Scholarship
This note focuses on the issue of the state's application of the criminal law as a sanction against women who choose to have abortions. History reveals that pre-Roe criminal-abortion law-both by its terms and in its application-expressed an incoherent attitude toward the culpability of these women. While criminal-abortion laws treated the abortionist as a serious felon, sending him to prison for up to twenty years,' the same statutes either did not cover the woman seeking an abortion, or, if the statutes did deem her a criminal, prosecutors and courts refused or neglected to hold her liable criminally. The law instead …
Review Essay - Feminist Jurisprudence, Christina Whitman
Review Essay - Feminist Jurisprudence, Christina Whitman
Reviews
In the 1970s feminist legal theory furthered feminist legal practice. Feminist lawyers saw themselves as advocates of "women's rights," interested in winning legal victories in particular cases. Because their attention was focused on reform through legislation or litigation, the theory they developed was deliberately, if uncritically, grounded in what would be persuasive to those who held power in government institutions. They built directly upon the precedent made in race cases, precedent which assumed that the appropriate goal for social change was equality and defined equality as the similar treatment of similarly situated individuals. The key to the early legal victories …
Punishing Drug Addicts Who Have Babies: Women Of Color, Equality, And The Right Of Privacy, Dorothy E. Roberts
Punishing Drug Addicts Who Have Babies: Women Of Color, Equality, And The Right Of Privacy, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Women And Legal Scholarship: A Bibliography, Paul M. George, Susan Mcglamery
Women And Legal Scholarship: A Bibliography, Paul M. George, Susan Mcglamery
All Faculty Scholarship
No abstract provided.