Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Legal history (4)
- Constitutional law (3)
- Feminism (3)
- Civil rights (2)
- Discrimination (2)
-
- Family law (2)
- Gender equality (2)
- Marital supremacy (2)
- Paternity (2)
- Pauli Murray (2)
- Politics (2)
- SCOTUS (2)
- Supreme Court of the United States (2)
- 42 U.S.C. Section 1983 (1)
- Administrative Law (1)
- Anthony Kennedy (1)
- Bastardy (1)
- Bernice Lotwin Bernstein (1)
- Biography (1)
- Civil Rights (1)
- Civil Rights Act of 1964 (1)
- Civil rights. feminism (1)
- Communications Law (1)
- Constitutional Law (1)
- Constitutional equality revolution (1)
- Criminal law (1)
- Critical legal studies (1)
- Domestic abuse (1)
- Employment Discrimination Law (1)
- Employment Law (1)
- Publication Year
Articles 1 - 22 of 22
Full-Text Articles in Legal History
After Suffrage: The Unfinished Business Of Feminist Legal Advocacy, Serena Mayeri
After Suffrage: The Unfinished Business Of Feminist Legal Advocacy, Serena Mayeri
All Faculty Scholarship
This Essay considers post-suffrage women’s citizenship through the eyes of Pauli Murray, a key figure at the intersection of the twentieth-century movements for racial justice and feminism. Murray drew critical lessons from the woman suffrage movement and the Reconstruction-era disintegration of an abolitionist-feminist alliance to craft legal and constitutional strategies that continue to shape equality law and advocacy today. Murray placed African American women at the center of a vision of universal human rights that relied upon interracial and intergenerational alliances and anticipated what scholars later named intersectionality. As Murray foresaw, women of color formed a feminist vanguard in the …
Tragedy, Outrage & Reform: Crimes That Changed Our World: 1983 – Thurman Beating - Domestic Violence, Paul H. Robinson, Sarah M. Robinson
Tragedy, Outrage & Reform: Crimes That Changed Our World: 1983 – Thurman Beating - Domestic Violence, Paul H. Robinson, Sarah M. Robinson
All Faculty Scholarship
Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. As it turns out, it is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of our everyday existence but some crimes make people stop and take notice – because they are so outrageous, or so curious, or so heart-wrenching. These “trigger crimes” are the cases that this book is about.
They offer some incredible stories about how people, good and bad, change the world around …
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 …
Marriage (In)Equality And The Historical Legacies Of Feminism, Serena Mayeri
Marriage (In)Equality And The Historical Legacies Of Feminism, Serena Mayeri
All Faculty Scholarship
In this essay, I measure the majority’s opinion in Obergefell v. Hodges against two legacies of second-wave feminist legal advocacy: the largely successful campaign to make civil marriage formally gender-neutral; and the lesser-known struggle against laws and practices that penalized women who lived their lives outside of marriage. Obergefell obliquely acknowledges marriage equality’s debt to the first legacy without explicitly adopting sex equality arguments against same-sex marriage bans. The legacy of feminist campaigns for nonmarital equality, by contrast, is absent from Obergefell’s reasoning and belied by rhetoric that both glorifies marriage and implicitly disparages nonmarriage. Even so, the history …
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 …
Marital Supremacy And The Constitution Of The Nonmarital Family, Serena Mayeri
Marital Supremacy And The Constitution Of The Nonmarital Family, Serena Mayeri
All Faculty Scholarship
Despite a transformative half century of social change, marital status still matters. The marriage equality movement has drawn attention to the many benefits conferred in law by marriage at a time when the “marriage gap” between affluent and poor Americans widens and rates of nonmarital childbearing soar. This Essay explores the contested history of marital supremacy—the legal privileging of marriage—through the lens of the “illegitimacy” cases of the 1960s and 1970s. Often remembered as a triumph for nonmarital families, these decisions defined the constitutional harm of illegitimacy classifications as the unjust punishment of innocent children for the “sins” of their …
Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, Serena Mayeri
Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, Serena Mayeri
All Faculty Scholarship
No abstract provided.
Portia's Deal, Karen M. Tani
Portia's Deal, Karen M. Tani
All Faculty Scholarship
The New Deal, one of the greatest expansions of government in U.S. history, was a “lawyers’ deal”: it relied heavily on lawyers’ skills and reflected lawyers’ values. Was it exclusively a “male lawyers’ deal”? This Essay argues that the New Deal offered important opportunities to women lawyers at a time when they were just beginning to graduate from law school in significant numbers. Agencies associated with social welfare policy, a traditionally “maternalist” enterprise, seem to have been particularly hospitable. Through these agencies, women lawyers helped to administer, interpret, and create the law of a new era.
Using government records and …
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 …
A New E.R.A. Or A New Era? Amendment Advocacy And The Reconstitution Of Feminism, Serena Mayeri
A New E.R.A. Or A New Era? Amendment Advocacy And The Reconstitution Of Feminism, Serena Mayeri
All Faculty Scholarship
Scholars have largely treated the reintroduction of the Equal Rights Amendment (ERA) after its ratification failure in 1982 as a mere postscript to a long, hard-fought, and ultimately unsuccessful campaign to enshrine women’s legal equality in the federal constitution. This Article argues that “ERA II” was instead an important turning point in the history of legal feminism and of constitutional amendment advocacy. Whereas ERA I had once attracted broad bipartisan support, ERA II was a partisan political weapon exploited by advocates at both ends of the ideological spectrum. But ERA II also became a vehicle for feminist reinvention. Congressional consideration …
The Strange Career Of Jane Crow: Sex Segregation And The Transformation Of Anti-Discrimination Discourse, Serena Mayeri
The Strange Career Of Jane Crow: Sex Segregation And The Transformation Of Anti-Discrimination Discourse, Serena Mayeri
All Faculty Scholarship
This article examines the causes and consequences of a transformation in anti-discrimination discourse between 1970 and 1977 that shapes our constitutional landscape to this day. Fears of cross-racial intimacy leading to interracial marriage galvanized many white Southerners to oppose school desegregation in the 1950s and 1960s. In the wake of Brown v. Board of Education, some commentators, politicians, and ordinary citizens proposed a solution: segregate the newly integrated schools by sex. When court-ordered desegregation became a reality in the late 1960s, a smattering of southern school districts implemented sex separation plans. As late as 1969, no one saw sex-segregated schools …
Race And Gender In The Law Review, Cynthia Grant Bowman, Dorothy E. Roberts, Leonard S. Rubinowitz
Race And Gender In The Law Review, Cynthia Grant Bowman, Dorothy E. Roberts, Leonard S. Rubinowitz
All Faculty Scholarship
No abstract provided.
Converted Or Unconverted: To Whom Do We Preach?, Amy L. Wax
Converted Or Unconverted: To Whom Do We Preach?, Amy L. Wax
All Faculty Scholarship
No abstract provided.
Interview With Azizah Al-Hibri, Hisham Elkoustaf, Azizah Al-Hibri, Legal Oral History Project, University Of Pennsylvania Carey Law School
Interview With Azizah Al-Hibri, Hisham Elkoustaf, Azizah Al-Hibri, Legal Oral History Project, University Of Pennsylvania Carey Law School
Legal Oral History Project
For transcript, click the Download button above. For video index, click the link below.
Professor Azizah al-Hibri (L '85) is a Professor Emerita at the University of Richmond Law School, having served on the faculty from 1992 until her retirement in 2012. Her work has centered on developing an Islamic jurisprudence and body of Islamic law that are gender equitable and promote human rights and democratic governance. Professor al-Hibri has authored numerous book chapters, essays, and law review articles on these subjects, and her work has appeared in the highly respected Journal of Law and Religion, Harvard International Review …
The Paradox Of Silence: Some Questions About Silence As Resistance, Dorothy E. Roberts
The Paradox Of Silence: Some Questions About Silence As Resistance, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
The Only Good Poor Woman: Unconstitutional Conditions And Welfare, Dorothy E. Roberts
The Only Good Poor Woman: Unconstitutional Conditions And Welfare, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Motherhood And Crime, Dorothy E. Roberts
Motherhood And Crime, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
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.
How Privacy Got Its Gender, Anita L. Allen, Erin Mack
How Privacy Got Its Gender, Anita L. Allen, Erin Mack
All Faculty Scholarship
No abstract provided.
Sapphire Bound!, Regina Austin
Employer Abuse, Worker Resistance, And The Tort Of Intentional Infliction Of Emotional Distress, Regina Austin
Employer Abuse, Worker Resistance, And The Tort Of Intentional Infliction Of Emotional Distress, Regina Austin
All Faculty Scholarship
No abstract provided.
Taking Liberties: Privacy, Private Choice, And Social Contract Theory, Anita L. Allen
Taking Liberties: Privacy, Private Choice, And Social Contract Theory, Anita L. Allen
All Faculty Scholarship
No abstract provided.