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Articles 1 - 22 of 22
Full-Text Articles in Law and Gender
Theory Matters—And Ten More Things I Learned From Martha Chamallas About Feminism, Law, And Gender, Deborah L. Brake
Theory Matters—And Ten More Things I Learned From Martha Chamallas About Feminism, Law, And Gender, Deborah L. Brake
Articles
This Festschrift article celebrates the scholarship of Martha Chamallas, Distinguished University Professor and Robert J. Lynn Chair in Law Emeritus of the Ohio State University Moritz College of Law, and one of the most impactful scholars of feminist legal theory and employment discrimination of her generation. Mining the insights of Chamallas’s body of work, the article identifies ten core “lessons” relating to feminism and law drawn from her scholarship and academic career. It then weaves in summaries and synthesis of her published works with discussion of subsequent legal and social developments since their publication. These lessons (e.g., feminism is plural; …
Zero-Tolerance Comes To International Law, Aya Gruber
Zero-Tolerance Comes To International Law, Aya Gruber
Publications
No abstract provided.
Rethinking Domestic Violence, Rethinking Violence, Aya Gruber
Rethinking Domestic Violence, Rethinking Violence, Aya Gruber
Publications
No abstract provided.
Re-Problematizing Anger In Domestic Violence Advocacy, Deborah Cantrell
Re-Problematizing Anger In Domestic Violence Advocacy, Deborah Cantrell
Publications
Feminist advocacy commits wholeheartedly to a woman’s autonomous choices about how to respond to domestic violence, prioritizing a woman’s own lived experiences and her own assessments of her needs and goals over other supposedly “objective” assessments. Feminists robustly privilege individual choices of women in part as a way of revealing anti-woman bias in the dominant, patriarchal legal system as well to reject male constructions of feminine behavior. In feminist domestic violence advocacy, scholars and advocates have argued that a woman’s autonomous choices include capacious choices about the kinds of emotions that a woman might express about being subjected to abuse. …
Loving Before And After The Law, Loving Before And After The Law, Angela P. Harris
Loving Before And After The Law, Loving Before And After The Law, Angela P. Harris
Angela P Harris
No abstract provided.
Not Of Woman Born: A Scientific Fantasy, Jennifer S. Hendricks
Not Of Woman Born: A Scientific Fantasy, Jennifer S. Hendricks
Publications
This Article explores the legal implications of a scientific fantasy: building artificial wombs that could gestate a human child from conception to birth. Because claims about the technological possibility of artificial wombs in the foreseeable future are likely overstated, the focus of the Article is the effect that the fantasy of artificial gestation has on the legal discourse about pregnancy and reproduction today.
The Article first places the fantasy of artificial gestation in the context of theories about reproduction that western science has propounded. The history of scientific theorizing about reproduction is a history of scientists emphasizing the male contribution …
Compassion And Critique, Angela Harris
Compassion And Critique, Angela Harris
Angela P Harris
This piece will appear in a symposium organized by Anthony Paul Farley on Marxism and race, in the Columbia Journal of Race and Law.
Converging Queer And Feminist Legal Theories: Family Feuds And Family Ties, Elaine Craig
Converging Queer And Feminist Legal Theories: Family Feuds And Family Ties, Elaine Craig
Articles, Book Chapters, & Popular Press
The notion that queer theory and feminism are inevitably in tension with one another has been well developed both by queer and feminist theorists. Queer theorists have critiqued feminist theories for being anti-sex, overly moralistic, essentialist, and statist. Feminist theorists have rejected queer theory as being un-critically pro-sex and dangerously protective of the private sphere. Unfortunately these reductionist accounts of what constitutes a plethora of diverse, eclectic and overlapping theoretical approaches to issues of sex, gender, and sexuality, often fail to account for the circumstances where these methodological approaches converge on legal projects aimed at advancing the complex justice interests …
Converging Queer And Feminist Legal Theories: Family Feuds And Family Ties, Elaine Craig
Converging Queer And Feminist Legal Theories: Family Feuds And Family Ties, Elaine Craig
Articles, Book Chapters, & Popular Press
The notion that queer theory and feminism are inevitably in tension with one another has been well developed both by queer and feminist theorists. Queer theorists have critiqued feminist theories for being anti-sex, overly moralistic, essentialist, and statist. Feminist theorists have rejected queer theory as being un-critically pro-sex and dangerously protective of the private sphere. Unfortunately these reductionist accounts of what constitutes a plethora of diverse, eclectic and overlapping theoretical approaches to issues of sex, gender, and sexuality, often fail to account for the circumstances where these methodological approaches converge on legal projects aimed at advancing the complex justice interests …
Teaching The Tensions, Angela P. Harris
Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit
Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit
Nancy Levit
The thesis of The Heuristics Problem is that the societal problems about which identity theorists are most concerned often spring from and are reinforced by thinking riddled with heuristic errors. This article first investigates the ways heuristic errors influence popular perceptions of feminist issues. Feminists and critical race theorists have explored the cognitive bias of stereotyping, but have not examined the ways probabilistic errors can have gendered consequences. Second, The Heuristics Problem traces some of the ways cognitive errors have influenced the development of laws relating to gender issues. It explores instances in judicial decisions in which courts commit heuristic …
Cracking Foundations As Feminist Method , Katharine T. Bartlett
Cracking Foundations As Feminist Method , Katharine T. Bartlett
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Cracking Foundations As Feminist Method , Katharine T. Bartlett
Cracking Foundations As Feminist Method , Katharine T. Bartlett
American University Journal of Gender, Social Policy & the Law
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.
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 …
Feminist Jurisprudence And Free Speech Theory, Susan H. Williams
Feminist Jurisprudence And Free Speech Theory, Susan H. Williams
Articles by Maurer Faculty
No abstract provided.
Legitimating The Illegitimate: A Comment On 'Beyond Rape', Robin West
Legitimating The Illegitimate: A Comment On 'Beyond Rape', Robin West
Georgetown Law Faculty Publications and Other Works
Professor Dripps's provocative proposal, as I understand it, is that we think of sex as a commodity and rape as the theft of that commodity. Understood as such, the theft of sex accomplished through violence or the threat of violence is a twofold wrong: it violates our "negative" right to refuse to have sex with anyone for any or no reason, and violence or the threat of violence infringes our right to personal, physical security. Therefore, the violent expropriation of sex should be punished as a major felony, as is violent rape, at least in theory.
Furthermore, according to Dripps, …
The Breadth Of Context And The Depth Of Myth: Completing The Feminist Paradigm, Emily Calhoun
The Breadth Of Context And The Depth Of Myth: Completing The Feminist Paradigm, Emily Calhoun
Publications
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.
History's Challenge To Feminism, Jeanne L. Schroeder
History's Challenge To Feminism, Jeanne L. Schroeder
Michigan Law Review
A Review of Law, Sex, and Christian Society in Medieval Europe by James A. Brundage
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.