Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Constitutional law (2)
- SCOTUS (2)
- Supreme Court of the United States (2)
- Women (2)
- Anthony Kennedy (1)
-
- Bastardy (1)
- Civil Rights Act of 1964 (1)
- Critical legal studies (1)
- Equal protection (1)
- Family law (1)
- Feminism (1)
- Gender equality (1)
- History (1)
- Illegitimacy penalties (1)
- Illegitimate children (1)
- Jane Crow (1)
- Law and Society (1)
- Lawyers (1)
- Legal History (1)
- Legal aid (1)
- Legal history (1)
- Legal privileging of marriage (1)
- Legal profession (1)
- Marital status (1)
- Marital supremacy (1)
- Marriage primacy (1)
- Maryland (1)
- Nonmarital families (1)
- Nonmarital status (1)
- Paternity (1)
Articles 1 - 5 of 5
Full-Text Articles in Legal History
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 …
The Role Of Political And Social Movements On Women’S Entry Into The Legal Profession In Maryland (1902-1918), Jane C. Murphy
The Role Of Political And Social Movements On Women’S Entry Into The Legal Profession In Maryland (1902-1918), Jane C. Murphy
All Faculty Scholarship
The rise of women in the legal profession in Maryland was shaped by a wide range of factors, including national, state, and local political and social movements. As one scholar has noted, "[W] omen's lives are complex and .. . region, period, personality, and circumstance crucially influence what a subject is able to make of herself."' In this chapter, I explore how those circumstances-- personal and political-influenced the first group of eight women admitted to the Maryland Bar between 1902 and 1920. These women-Etta Maddox, Anna Grace Kennedy, Emilie Doetsch, Marie Elizabeth Kirk Coles, Mary Virginia Meushaw, Helen F. Hill, …
Women And Justice For The Poor: A History Of Legal Aid, 1863–1945, Felice J. Batlan
Women And Justice For The Poor: A History Of Legal Aid, 1863–1945, Felice J. Batlan
All Faculty Scholarship
No abstract provided.
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 …