Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Jurisprudence (21)
- Women (21)
- Law and Society (15)
- Critical race theory (12)
- Sexuality and the Law (12)
-
- Civil Rights (9)
- Feminist legal theory (9)
- Civil Rights and Discrimination (8)
- Public Law and Legal Theory (8)
- Race (8)
- Politics (7)
- Storytelling (7)
- Constitutional Law (6)
- General Law (6)
- Narrative (6)
- Discrimination (5)
- Equality (5)
- Feminist Legal Theory (5)
- Human Rights Law (5)
- Derecho Procesal Civil (4)
- Essentialism (4)
- Feminism (4)
- LGBT (4)
- Legal History (4)
- Legislation (4)
- Civil Law (3)
- Derecho Civil (3)
- Domestic Relations (3)
- Economics (3)
- Family Law (3)
- Publication Year
- Publication
-
- Nancy Levit (14)
- Angela P Harris (13)
- Edward Ivan Cueva (7)
- Katharine K. Baker (6)
- Yofi Tirosh (5)
-
- Nancy J. Knauer (4)
- Justin Schwartz (3)
- Linnéa Wegerstad (3)
- Prof. Elizabeth Burleson (3)
- Yuvraj Joshi (3)
- Marjorie M. Shultz (2)
- Niklas Selberg (2)
- Abraham Z Melamed (1)
- Allison Rogne (1)
- Ana Filipa Vrdoljak (1)
- Angela Goodrum (1)
- Bernard Sama (1)
- Cathren Page (1)
- Cynthia V. Ward (1)
- David Barnhizer (1)
- Joe Custer (1)
- Linda L. Berger (1)
- Monica Lopez Lerma (1)
- Nancy C Cantalupo (1)
- Olanike Sekinat Adelakun (1)
- Penelope J Pether (1)
- Russell A. Miller (1)
- Stacy A Scaldo (1)
- Victoria Phillips (1)
- marla j ferguson (1)
- File Type
Articles 61 - 83 of 83
Full-Text Articles in Jurisprudence
Dialectics And Domestic Abuse (Reviewing Elizabeth M. Schneider, Battered Women And Feminist Lawmaking (2000)), Katharine K. Baker
Dialectics And Domestic Abuse (Reviewing Elizabeth M. Schneider, Battered Women And Feminist Lawmaking (2000)), Katharine K. Baker
Katharine K. Baker
No abstract provided.
Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz
Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz
Justin Schwartz
Is the family subject to principles of justice? In A Theory of Justice, John Rawls includes the (monogamous) family along with the market and the government as among the "basic institutions of society" to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes to the family, and in particular its impact on fair equal opportunity (the first part of the the Difference …
Keeping Feminism In Its Place: Sex Segregation And The Domestication Of Female Academics, Nancy Levit
Keeping Feminism In Its Place: Sex Segregation And The Domestication Of Female Academics, Nancy Levit
Nancy Levit
The thesis of Keeping Feminism in Its Place is that women are being "domesticated" in the legal academy. This occurs in two ways, one theoretical and one very practical: denigration of feminism on the theoretical level and sex segregation of men and women on the experiential level intertwine to disadvantage women in academia in complex and subtle ways.
The article examines occupational sex segregation and role differentiation between male and female law professors, demonstrating statistically that in legal academia, women are congregated in lower-ranking, lower-paying, lower-prestige positions. It also traces how segregation by sex persists in substantive course teaching assignments. …
Biology For Feminists, Katharine K. Baker
A Different Kind Of Sameness: Beyond Formal Equality And Antisubordination Principles In Gay Legal Theory And Constitutional Doctrine, Nancy Levit
Nancy Levit
Gay legal theory is at a crossroads reminiscent of the sameness/difference debate in feminist circles and the integrationist debate in critical race theory. Formal equality theorists take the heterosexual model as the norm and then seek to show that gays, lesbians, bisexuals, and transsexuals - except for their choice of partners - are just like heterosexuals. Antisubordination theorists attack the heterosexual model itself and seek to show that a society that insists on such a model is unjust. Neither of these strategies is wholly satisfactory. The formal equality model will fail to bring about fundamental reforms as long as sexual …
Equality Trouble: Sameness And Difference In Twentieth-Century Race Law, Angela Harris
Equality Trouble: Sameness And Difference In Twentieth-Century Race Law, Angela Harris
Angela P Harris
No abstract provided.
Gender Violence, Race, And Criminal Justice, Angela P. Harris
Gender Violence, Race, And Criminal Justice, Angela P. Harris
Angela P Harris
No abstract provided.
Text, Context And The Problem With Rape, Katharine K. Baker
Text, Context And The Problem With Rape, Katharine K. Baker
Katharine K. Baker
No abstract provided.
Critical Of Race Theory: Race, Reason, Merit And Civility, Nancy Levit
Critical Of Race Theory: Race, Reason, Merit And Civility, Nancy Levit
Nancy Levit
A hazard lurks in any but the most careful representation of another's viewpoint. Call it "slippage" or the "essentialist error," the point is that communication rarely does complete justice to its object. The problem is compounded when the communication is mediated. We all know that between a story and its retelling, something will get lost in translation. Consider feminism, gay legal theory, and critical race theory, and their depictions in academic journals and the popular media. Newspapers and news magazines have recently published a spate of academic trash talk accusing critical race theorists of "playing the race card" and indulging …
Separating Equals: Educational Research And The Long Term Consequences Of Sex Segregation, Nancy Levit
Separating Equals: Educational Research And The Long Term Consequences Of Sex Segregation, Nancy Levit
Nancy Levit
The article imports into the legal literature for the first time the full range of single sex education research, from this country and others, and examines sociological research that has been omitted from the debate. Rarely do proponents consider what educational and social effects sex-exclusive schooling will have on boys. Rarer still is any consideration of the effect of educational segregation in a society that is already relentlessly segregated by sex. While the educational research regarding the efficacy of single sex schools is mixed at best, the sociological research is absolutely clear that separation on the basis of identity characteristics …
Heteronormativity And The Federal Tax Code, Nancy J. Knauer
Heteronormativity And The Federal Tax Code, Nancy J. Knauer
Nancy J. Knauer
Proponents of same-sex marriage demand equal marriage rights as a matter of fundamental human dignity and as a means to gain certain legal benefits and protections. The ability to file joint federal income tax returns is invariably listed as one of the benefits associated with marriage. This outsider perspective contradicts the popular notion that the income tax is anti-marriage and offers a useful vantage point from which to analyze the marital provisions of the federal tax code, the treatment of the provisions in tax scholarship, and legislative proposals for "pro-family" tax reform. The joint filing provisions are just one example …
Relativism, Reflective Equilibrium, And Justice, Justin Schwartz
Relativism, Reflective Equilibrium, And Justice, Justin Schwartz
Justin Schwartz
THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.
The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …
If It Can't Be Lake Woebegone...A Nationwide Survey Of Law School Grading And Grade Normalization Practices, Nancy Levit, Robert Downs
If It Can't Be Lake Woebegone...A Nationwide Survey Of Law School Grading And Grade Normalization Practices, Nancy Levit, Robert Downs
Nancy Levit
This article explores various methods of grade normalization used by law schools. Based on a survey of 116 responding ABA accredited law schools, 84% have some form of grade normalization policy, and the trend is toward adoption of grade normalization. The survey assessed the types of normalization plans (distributional requirements, required means, required medians, set standard deviations, and informal policies), as well as the reasons schools have adopted such plans. It also inquired about methods for ensuring faculty compliance as well as justifications for departures from grade norms.
The article considers and responds to the arguments against grade normalization and …
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
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
Katharine K. Baker
No abstract provided.
Embracing The Tar Baby: Latcrit Theory And The Sticky Mess Of Race, Angela P. Harris, Leslie Espinoza
Embracing The Tar Baby: Latcrit Theory And The Sticky Mess Of Race, Angela P. Harris, Leslie Espinoza
Angela P Harris
No abstract provided.
Feminism For Men: Legal Ideology And The Construction Of Maleness, Nancy Levit
Feminism For Men: Legal Ideology And The Construction Of Maleness, Nancy Levit
Nancy Levit
It may seem a little odd to suggest that feminist theory has overlooked men. Yet, in several important respects, apart from the role of culprit, men have been largely omitted from feminism. Feminist legal theorists have paid mild attention to the "Can men be feminists?" question but this issue is usually relegated to footnotes. The negative effect gender role stereotypes have on men is typically subsidiary to the main focus of feminist legal literature, which has concentrated on documenting the patterns of subordination of women and on questions of feminist ideology.
The primary purpose of this article is to suggest …
Foreword: The Jurisprudence Of Reconstruction, Angela Harris
Foreword: The Jurisprudence Of Reconstruction, Angela Harris
Angela P Harris
No abstract provided.
"A(Nother) Critique Of Pure Reason": Toward Civic Virtue In Legal Education, Angela P. Harris, Marjorie Shultz
"A(Nother) Critique Of Pure Reason": Toward Civic Virtue In Legal Education, Angela P. Harris, Marjorie Shultz
Angela P Harris
No abstract provided.
"A(Nother) Critique Of Pure Reason": Toward Civic Virtue In Legal Education, Angela P. Harris, Marjorie Shultz
"A(Nother) Critique Of Pure Reason": Toward Civic Virtue In Legal Education, Angela P. Harris, Marjorie Shultz
Marjorie M. Shultz
No abstract provided.
On Doing The Right Thing: Education Work In The Academy, Angela P. Harris
On Doing The Right Thing: Education Work In The Academy, Angela P. Harris
Angela P Harris
No abstract provided.
Race And Essentialism In Feminist Legal Theory, Angela P. Harris
Race And Essentialism In Feminist Legal Theory, Angela P. Harris
Angela P Harris
No abstract provided.
Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva
Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva
Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.