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Full-Text Articles in Civil Rights and Discrimination

Reflections On “Personal Responsibility” After Covid And Dobbs: Doubling Down On Privacy, Susan Frelich Appleton, Laura A. Rosenbury Jan 2023

Reflections On “Personal Responsibility” After Covid And Dobbs: Doubling Down On Privacy, Susan Frelich Appleton, Laura A. Rosenbury

Scholarship@WashULaw

This essay uses lenses of gender, race, marriage, and work to trace understandings of “personal responsibility” in laws, policies, and conversations about public support in the United States over three time periods: (I) the pre-COVID era, from the beginning of the American “welfare state” through the start of the Trump administration; (II) the pandemic years; and (III) the present post-pandemic period. We sought to explore the possibility that COVID and the assistance programs it inspired might have reshaped the notion of personal responsibility and unsettled assumptions about privacy and dependency. In fact, a mixed picture emerges. On the one hand, …


Gender Contests, Susan Frelich Appleton Jan 2002

Gender Contests, Susan Frelich Appleton

Scholarship@WashULaw

This contribution for the “Law, Ethics, and Gender in Medicine” column in the Journal of Gender Specific Medicine interrogates the understanding of gender itself, at a time when transgender and intersex issues were just beginning to “come out” in both popular culture and case law. Against this background, the column explores the roles that physicians have played in such gender contests and considers how evolving medical attitudes can help achieve reform.


Foreword-Symposium: Gender, Work & Family Project Inaugural Feminist Legal Theorylecture, Adrienne D. Davis, Joan C. Williams Jan 2000

Foreword-Symposium: Gender, Work & Family Project Inaugural Feminist Legal Theorylecture, Adrienne D. Davis, Joan C. Williams

Scholarship@WashULaw

This Symposium inaugurates the Annual Feminist Legal Theory Lecture Series of the Washington College of Law's Gender, Work & Family Project. Martha Fineman, in honor of her two towering achievements in feminist jurisprudence, is the first lecturer. The first achievement is her ground-breaking work on dependency, about which we will say more later. The second is her equally influential Feminist Theory Workshop, which she began at the University of Wisconsin, and has since moved to Columbia University and now to Cornell. The annual Workshop has provided the opportunity for scores of scholars to present papers related to feminist jurisprudence, helping …


Foreword-Symposium: Straightening It Out: Joan William On Unbending Gender, Adrienne D. Davis Jan 2000

Foreword-Symposium: Straightening It Out: Joan William On Unbending Gender, Adrienne D. Davis

Scholarship@WashULaw

As most men and women acknowledge, gender is a battleground. Most of us are fairly clear on biological sex: who bears children, who ejaculates sperm, even whose (big) hands might open a stuck jar and whose (smaller ones) could pull that cufflink out of the garbage disposal. What remains less clear is how social gender roles flow from this: Does lactation result in eighteen years of primary caregiving? Should the chemical realities of testosterone shape the law governing sexual assault? 3 Should the dynamics of heterosexual relationships mirror the physics of heterosexual intercourse (penetration equals power)? Does the reality of …


The Private Law Of Race And Sex: An Antebellum Perspective, Adrienne D. Davis Jan 1999

The Private Law Of Race And Sex: An Antebellum Perspective, Adrienne D. Davis

Scholarship@WashULaw

In this article, Professor Adrienne D. Davis traces the interaction of race, sex, and estate law in the antebellum and postbellum South. Through a close analysis of intestate succession and testamentary transfers involving the formerly enslaved, she unearths the role of private law in reconciling and preserving both property rights and racial hierarchy. The article centers on a series of historical case studies involving the rights of formerly enslaved women and their children to postmortem transfers of wealth. While the law of private property generally served to reinforce racial hierarchy, these cases involved the use of property rights -- specifically, …