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Full-Text Articles in Law
The Current Status Of Women In Morocco And How It Can Be Improved, Amanda Maia
The Current Status Of Women In Morocco And How It Can Be Improved, Amanda Maia
Independent Study Project (ISP) Collection
My paper will explore the conditions of gender minorities in Morocco through representation, NGOs, social structures, and resources therein to support the progress of acquiring more rights for these demographics. With an emphasis on the status of women in Morocco. My main questions as it stands are: What are the living conditions for women in Morocco and how can they be improved? What progress has been and still can be made to improve the quality of life and foster joy for these demographics in Morocco? Since the 1990s, there has been significant progress in Morocco to improve Family Law and …
Introduction To Oxford Handbook Of Feminism And Law In The U.S., Deborah L. Brake, Martha Chamallas, Verna L. Williams
Introduction To Oxford Handbook Of Feminism And Law In The U.S., Deborah L. Brake, Martha Chamallas, Verna L. Williams
Book Chapters
Combining analyses of feminist legal theory, legal doctrine and feminist social movements, this Handbook offers a comprehensive overview of U.S. legal feminism. Contributions by leading feminist thinkers trace the impacts of legal feminism on legal claims and defenses and demonstrate how feminism has altered and transformed understandings of basic legal concepts, from sexual harassment and gender equity in sports to new conceptions of consent and motherhood. It connects legal feminism to adjacent intellectual discourses, such as masculinities theory and queer theory, and scrutinizes criticisms and backlash to feminism from all sides of the political spectrum. Its examination of the prominent …
Speaking Volumes: The Failure Of American Courts To Address The Underlying Themes Of Silence And Patriarchy Within The Civil Order Of Protection Process In Davenport, Iowa, Catherine Priebe
Sociology: Student Scholarship & Creative Works
Domestic abuse is a pervasive issue within the United States. Approximately three women will be murdered by an intimate partner every day and around half of all women will experience psychological abuse by an intimate partner in their lifetime. As such, it is important to have legal avenues that survivors can pursue in order to ensure safety for themselves and their children. There are many obstacles to obtaining a civil order of protection despite it being the most common legal option survivors choose to pursue. Survivors must take on the burden of proof and hire their own attorney if they …
From The Ulama To The Legislature: Hermeneutics & Morocco’S Family Code, Rachel Olick-Gibson
From The Ulama To The Legislature: Hermeneutics & Morocco’S Family Code, Rachel Olick-Gibson
Independent Study Project (ISP) Collection
This study examines the role that Islamic law has played thus far in reforming the Moroccan Family Code, also known as the Moudawana. When King Mohammed VI reformed this law in 2004, Morocco received immediate international praise for its liberal strides towards gender equality. Through this study I investigated the hermeneutical tools and methods of ijtihad employed both by the drafters of the Moudawana and by activists leading up to the 2004 reforms. I then investigate impediments to the implementation of this Code in providing substantive legal rights to Moroccan women and the role that interpretation of Islamic law plays …
Foundling Fathers: (Non-)Marriage And Parental Rights In The Age Of Equality, Serena Mayeri
Foundling Fathers: (Non-)Marriage And Parental Rights In The Age Of Equality, Serena Mayeri
All Faculty Scholarship
The twentieth-century equality revolution established the principle of sex neutrality in the law of marriage and divorce and eased the most severe legal disabilities traditionally imposed upon nonmarital children. Formal equality under the law eluded nonmarital parents, however. Although unwed fathers won unprecedented legal rights and recognition in a series of Supreme Court cases decided in the 1970s and 1980s, they failed to achieve constitutional parity with mothers or with married and divorced fathers. This Article excavates nonmarital fathers’ quest for equal rights, until now a mere footnote in the history of constitutional equality law.
Unmarried fathers lacked a social …
Intersectionality And Title Vii: A Brief (Pre-)History, Serena Mayeri
Intersectionality And Title Vii: A Brief (Pre-)History, Serena Mayeri
All Faculty Scholarship
Title VII was twenty-five years old when Kimberlé Crenshaw published her path-breaking article introducing “intersectionality” to critical legal scholarship. By the time the Civil Rights Act of 1964 reached its thirtieth birthday, the intersectionality critique had come of age, generating a sophisticated subfield and producing many articles that remain classics in the field of anti-discrimination law and beyond. Employment discrimination law was not the only target of intersectionality critics, but Title VII’s failure to capture and ameliorate the particular experiences of women of color loomed large in this early legal literature. Courts proved especially reluctant to recognize multi-dimensional discrimination against …
Multidimensionality Is To Masculinities What Intersectionality Is To Feminism, Athena D. Mutua
Multidimensionality Is To Masculinities What Intersectionality Is To Feminism, Athena D. Mutua
Journal Articles
Committed to intersectionality theory in her feminist work, the scholar Juliet Williams expressed the sentiment that “multidimensionality is to masculinities theory, what intersectionality is to feminism.” She did so in the context of a debate about whether intersectionality theory might capture the complexity of men’s lives, particularly men of color’s lives, as well as does multidimensionality theory, given that the latter is based in large part on the former. This paper, briefly explores the intellectual history of multidimensionality theory, concedes that intersectionality, a powerful analytical tool that has matured and gone global, could easily be used and is in part …
Intersectionality: Mapping The Movements Of A Theory, Devon Carbado, Kimberlé W. Crenshaw, Vicki M. Mays, Barbara Tomlinson
Intersectionality: Mapping The Movements Of A Theory, Devon Carbado, Kimberlé W. Crenshaw, Vicki M. Mays, Barbara Tomlinson
Faculty Scholarship
Very few theories have generated the kind of interdisciplinary and global engagement that marks the intellectual history of intersectionality. Yet, there has been very little effort to reflect upon precisely how intersectionality has moved across time, disciplines, issues, and geographic and national boundaries. Our failure to attend to intersectionality’s movement has limited our ability to see the theory in places in which it is already doing work and to imagine other places to which the theory might be taken. Addressing these questions, this special issue reflects upon the genesis of intersectionality, engages some of the debates about its scope and …
Civil Rights Reform And The Body, Tobias Barrington Wolff
Civil Rights Reform And The Body, Tobias Barrington Wolff
All Faculty Scholarship
Discrimination on the basis of gender identity or expression has emerged as a major focus of civil rights reform. Opponents of these reforms have structured their opposition around one dominant image: the bathroom. With striking consistency, opponents have invoked anxiety over the bathroom -- who uses bathrooms, what happens in bathrooms, and what traumas one might experience while occupying a bathroom -- as the reason to permit discrimination in the workplace, housing, and places of public accommodation. This rhetoric of the bathroom in the debate over gender-identity protections seeks to exploit an underlying anxiety that has played a role in …
Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present, Sophia Z. Lee
Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present, Sophia Z. Lee
All Faculty Scholarship
This Article uses the history of equal employment rulemaking at the Federal Communications Commission (FCC) and the Federal Power Commission (FPC) to document and analyze, for the first time, how administrative agencies interpret the Constitution. Although it is widely recognized that administrators must implement policy with an eye on the Constitution, neither constitutional nor administrative law scholarship has examined how administrators approach constitutional interpretation. Indeed, there is limited understanding of agencies’ core task of interpreting statutes, let alone of their constitutional practice. During the 1960s and 1970s, officials at the FCC relied on a strikingly broad and affirmative interpretation of …
Review Essay: Janet Halley, Split Decisions: How And Why To Take A Break From Feminism, Ann Bartow
Review Essay: Janet Halley, Split Decisions: How And Why To Take A Break From Feminism, Ann Bartow
Law Faculty Scholarship
[Excerpt] “My overarching reaction to Janet Halley's recent book, Split Decisions: How and Why to Take a Break from Feminism, can be summarized with a one sentence cliché: The perfect is the enemy of the good.' She holds feminism to a standard of perfection no human endeavor could possibly meet, and then heartily criticizes it for falling short. Though Halley's myriad observations about feminism occasionally resonated with my own views and experiences, ultimately I remain unconvinced that taking a break from feminism would, for me, be either justified or productive. But I did (mostly) enjoy reading it. Halley is well …
The Rise, Development And Future Directions Of Critical Race Theory And Related Scholarship, Athena D. Mutua
The Rise, Development And Future Directions Of Critical Race Theory And Related Scholarship, Athena D. Mutua
Journal Articles
This essay tells the story of the rise, development and future directions of critical race theory and related scholarship. In telling the story, I suggest that critical race theory (CRT) rises, in part, as a challenge to the emergence of colorblind ideology in law, a major theme of the scholarship. I also contend that conflict, as a process of intellectual and institutional growth, marks the development of critical race theory and provides concrete and experiential examples of some of its key insights and themes. These conflicts are waged in various institutional settings over the structural and discursive meanings of race …
Some Dumb Girl Syndrome: Challenging And Subverting Destructive Stereotypes Of Female Attorneys, Ann Bartow
Some Dumb Girl Syndrome: Challenging And Subverting Destructive Stereotypes Of Female Attorneys, Ann Bartow
Law Faculty Scholarship
This Essay considers ways in which female attorneys confront sexism and stereotyping in the legal profession and in life, and strongly endorses embracing feminism, and wearing comfortable shoes.
Defining Feminism, Defining Feminisms, Reginald Oh
Defining Feminism, Defining Feminisms, Reginald Oh
Law Faculty Articles and Essays
Oh argues that feminists urgently need to define Feminism and to construct feminist theories that validate and affirm the truth of women's lived experience, in all their multiplicity and diversity. Because feminist theories are forged through the diverse experiences of differently situated women, it is respectfully suggested that the title of this Chapter may and can be seen as the call to define Feminism and Feminism(s). Defining feminism(s) means, in spirit of the "I-Thou" relationship, being mindful and respectful that individual Feminists will define Feminism in alignment with the truth of their unique experience, in alignment with the truth of …
Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memory Of Mary Joe Frug, Regina Austin, Elizabeth M. Schneider
Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memory Of Mary Joe Frug, Regina Austin, Elizabeth M. Schneider
All Faculty Scholarship
No abstract provided.
Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Years Later: Reflections On The State Of Feminism Today·, Regina Austin, Elizabeth M. Schneider
Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Years Later: Reflections On The State Of Feminism Today·, Regina Austin, Elizabeth M. Schneider
All Faculty Scholarship
No abstract provided.
The Wanted Gaze: Accountability For Interpersonal Conduct At Work, Anita L. Allen
The Wanted Gaze: Accountability For Interpersonal Conduct At Work, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Gender And Privacy In Cyberspace, Anita L. Allen
Gender And Privacy In Cyberspace, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Coercing Privacy, Anita L. Allen
The Limits Of Feminism, Emily Sherwin
The Limits Of Feminism, Emily Sherwin
Cornell Law Faculty Publications
No abstract provided.
A Feminist Theory Of Malebashing, Susan H. Williams, David C. Williams
A Feminist Theory Of Malebashing, Susan H. Williams, David C. Williams
Articles by Maurer Faculty
No abstract provided.
The Jurisprudence Of Jane Eyre, Anita L. Allen
The Jurisprudence Of Jane Eyre, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Tribe's Judicious Feminism, Anita L. Allen
Tribe's Judicious Feminism, Anita L. Allen
All Faculty Scholarship
No abstract provided.