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Law and Gender

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1992

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Articles 1 - 30 of 47

Full-Text Articles in Law

Book Review Of Law, Gender And Injustice: A Legal History Of U.S. Women, Linda A. Malone Dec 1992

Book Review Of Law, Gender And Injustice: A Legal History Of U.S. Women, Linda A. Malone

Popular Media

No abstract provided.


Fax: Endorsement Of Bill Clinton, October 4, 1992, Edna Louise Saffy Oct 1992

Fax: Endorsement Of Bill Clinton, October 4, 1992, Edna Louise Saffy

Saffy Collection - All Textual Materials

A fax sent to members of the American Arab Institute providing the requested endorsement for Bill Clinton.


Thelma And Louise And Bonnie And Jean: Images Of Women As Criminals, Susan Herman Oct 1992

Thelma And Louise And Bonnie And Jean: Images Of Women As Criminals, Susan Herman

Faculty Scholarship

No abstract provided.


A Comment On Cass Sunstein's Equality, Emily Sherwin Jul 1992

A Comment On Cass Sunstein's Equality, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.


Tamar Althouse Scholz, First Woman Law Graduate, Colleen K. Pauwels Jul 1992

Tamar Althouse Scholz, First Woman Law Graduate, Colleen K. Pauwels

Articles by Maurer Faculty

No abstract provided.


Domestic Violence Law Poses Challenges For The Courts, Jane C. Murphy, Judith Wolfer Jun 1992

Domestic Violence Law Poses Challenges For The Courts, Jane C. Murphy, Judith Wolfer

All Faculty Scholarship

No abstract provided.


Particularity And Generality: Challenges Of Feminist Theory And Practice In Work On Woman-Abuse, Elizabeth M. Schneider Jun 1992

Particularity And Generality: Challenges Of Feminist Theory And Practice In Work On Woman-Abuse, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


Violence Against Women And Legal Education: An Essay For Mary Joe Frug, Elizabeth M. Schneider Apr 1992

Violence Against Women And Legal Education: An Essay For Mary Joe Frug, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


The Arrest Experiments: A Feminist Critique, Cynthia Grant Bowman Apr 1992

The Arrest Experiments: A Feminist Critique, Cynthia Grant Bowman

Cornell Law Faculty Publications

No abstract provided.


Equality And Abortion: Legitimating Women's Experiences, Sarah K. Harding Feb 1992

Equality And Abortion: Legitimating Women's Experiences, Sarah K. Harding

All Faculty Scholarship

No abstract provided.


Feminism Awry: Excesses In The Pursuit Of Rights And Trifles, Kenneth Lasson Jan 1992

Feminism Awry: Excesses In The Pursuit Of Rights And Trifles, Kenneth Lasson

All Faculty Scholarship

Perhaps it is best to begin with the positive. From virtually any perspective, liberal and conservative feminists in the twentieth century have improved the quality of life for many women in a number of noteworthy ways. They have helped win the right to vote, to own property, to make contracts, to serve on juries, to use contraceptives.

They have succeeded in asserting the need for enhanced economic opportunities: equal pay for equal work, maternity leave, flex-time for mothers. They have made significant advancements against both domestic battery and sexual harassment in the workplace. As a consequence of all these efforts, …


Montana Fight Over Women's Rights, Carl W. Tobias Jan 1992

Montana Fight Over Women's Rights, Carl W. Tobias

Law Faculty Publications

Report of abortion protests that took place in various locations around Montana.


Mysteries Of Violence And Self-Defense: Myths For Men, Cautionary Tales For Women, Marianne Wesson Jan 1992

Mysteries Of Violence And Self-Defense: Myths For Men, Cautionary Tales For Women, Marianne Wesson

Publications

No abstract provided.


The "Gag Rule" Revisited: Physicians As Abortion Gatekeepers, Maxwell Gregg Bloche Jan 1992

The "Gag Rule" Revisited: Physicians As Abortion Gatekeepers, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

To the surprise of many and the dismay of some, the U.S. Supreme Court took it upon itself last term to proclaim a national compromise on the question of abortion. The Court's announced truce, an elaboration on Justice O'Connor's "undue burden" idea, is pragmatic in design but unlikely to prove stable in practice. The three justices who spoke for the Court disparaged Roe with reluctant praise, then upheld its outer shell on the ground that social expectations and the need to sustain the appearance of the rule of law made it impolitic to do otherwise. This awkward doctrinal invention seems …


The Reasonable Woman And The Ordinary Man, Carol Sanger Jan 1992

The Reasonable Woman And The Ordinary Man, Carol Sanger

Faculty Scholarship

Nineteen ninety-one was a seismic year for sexual harassment. The first localized shift occurred in January, when the Ninth Circuit established that the standard by which sexual harassment in the workplace would be judged was no longer the reasonable man or even the reasonable person but rather the reasonable woman. In October a larger audience felt a much stronger jolt when Anita Hill spoke before the Senate Judiciary Committee.

Hill testified that Supreme Court nominee Clarence Thomas had sexually harassed her while she worked for him at the Department of Education and at the Equal Employment Opportunity Commission. Her testimony …


Sex Discrimination (Update 1), Christina B. Whitman Jan 1992

Sex Discrimination (Update 1), Christina B. Whitman

Book Chapters

During the 1980s and early 1990s intense disagreement has arisen over the appropriate strategy for eliminating sex discrimination. Some courts and commentators argue for gender-neutral rules that define categories in purely functional terms. Others, who point out that gender-neutral rules promise equality only for women who can meet a ‘‘male standard,’’ think that legal distinctions between the sexes are not only appropriate but necessary, at least in cases involving perceived biological differences. Still others refuse to think in terms of sameness and difference. They analyze each issue by asking whether the disputed rule furthers the domination of men and the …


Norplant: The New Scarlet Letter?, Michael T. Flannery Jan 1992

Norplant: The New Scarlet Letter?, Michael T. Flannery

Faculty Scholarship

No abstract provided.


Privileged Violence, Principled Fantasy, And Feminist Method: The Colby Fraternity Case, Martha T. Mccluskey Jan 1992

Privileged Violence, Principled Fantasy, And Feminist Method: The Colby Fraternity Case, Martha T. Mccluskey

Journal Articles

No abstract provided.


The Daughters Of Job: Property Rights And Women's Lives In Mid-Nineteenth-Century Massachusetts, Dianne Avery, Alfred S. Konefsky Jan 1992

The Daughters Of Job: Property Rights And Women's Lives In Mid-Nineteenth-Century Massachusetts, Dianne Avery, Alfred S. Konefsky

Journal Articles

No abstract provided.


Gender And Specialization In The Practice Of Divorce Law, Richard J. Maiman, Lynn Mather, Craig A. Mcewen Jan 1992

Gender And Specialization In The Practice Of Divorce Law, Richard J. Maiman, Lynn Mather, Craig A. Mcewen

Journal Articles

No abstract provided.


Covenant And Feminist Reconstructions Of Subjectivity Within Theories Of Justice, Janet Moore Jan 1992

Covenant And Feminist Reconstructions Of Subjectivity Within Theories Of Justice, Janet Moore

Faculty Articles and Other Publications

This Article bridges the dichotomy between communitarian and liberal social contract conceptions of subjectivity by excavating the deeply rooted meaning of covenant as a promissory relationship constitutive of identity. I trace the covenant paradigm’s role in formative debates over the creation of “We the People” as a constitutional subject. I connect tensions in that debate with polarities between freedom and equality and between the private and social construction of first-order value claims. I argue that feminist-intersubjectivist critiques of Rawls’ Theory of Justice can benefit from a careful mining of the covenant paradigm’s emancipatory potential for metaethical and constitutional doctrine.


Rape And Responsibility, Lynne Henderson Jan 1992

Rape And Responsibility, Lynne Henderson

Articles by Maurer Faculty

I am a "lucky" survivor of a rape committed by a stranger - "lucky", because people believed me, a jury convicted the man of raping me, and he is still in prison ten years later. I know many women who have been raped who were not so fortunate, because they believed the rape was their fault, because no one else believed them, because they knew their rapist, or because they were married to him and it wasn't a crime. We share some things - the anger, the pain, the anguish, the fear - and not others; nevertheless, this is what …


The Jurisprudence Of Jane Eyre, Anita L. Allen Jan 1992

The Jurisprudence Of Jane Eyre, Anita L. Allen

All Faculty Scholarship

No abstract provided.


M Is For The Many Things, Carol Sanger Jan 1992

M Is For The Many Things, Carol Sanger

Faculty Scholarship

People have gotten quite a few things about mothers and motherhood wrong over the last 700 or so years. Educators, historians, jurists, philosophers, physicians, social workers, and theologians have been telling us what mothers are like: what they need, how they feel, what pleases them, how and how well they think. Mothers didn't love their children in the fifteenth century and loved them too much in the 1950s. Black mothers felt no pain in childbirth, and white mothers felt no pleasure in intercourse. The obligations of motherhood, physical and social, have been used to explain why women should not work, …


Contradiction And Revision: Progressive Feminist Legal Scholars Respond To Mary Joe Frug, Elizabeth M. Schneider, Judi Greenberg, Martha Minow Jan 1992

Contradiction And Revision: Progressive Feminist Legal Scholars Respond To Mary Joe Frug, Elizabeth M. Schneider, Judi Greenberg, Martha Minow

Faculty Scholarship

No abstract provided.


Sex Selection: Regulating Technology Enabling The Predetermination Of A Child's Gender, Owen D. Jones Jan 1992

Sex Selection: Regulating Technology Enabling The Predetermination Of A Child's Gender, Owen D. Jones

Vanderbilt Law School Faculty Publications

The debate over the prohibition of sex (or gender) selection (also known as "preselection" or "predetermination"), has focused almost exclusively on the context of aborting a "wrong-sex" fetus after a fetal gender-identification procedure. Despite the fact that sex selection abortions represent only a small subset of sex selection procedures, attitudes toward the former are driving general policy approaches to the latter. However, the issues are analytically distinct, and only during the former infancy of the pre-conceptive (and non-abortive post-conceptive) technology for sex selection were members on both sides of the debate afforded the economy of using one logic to support …


Two Legal Constructs Of Motherhood: "Protective" Legislation In Mexico And The United States, Antoinette M. Sedillo Lopez Jan 1992

Two Legal Constructs Of Motherhood: "Protective" Legislation In Mexico And The United States, Antoinette M. Sedillo Lopez

Faculty Scholarship

The theme of this symposium, "Reconstructing Motherhood," requires an examination of laws designed to further traditional motherhood roles. Societal constructs of motherhood-women as child bearers and nurturers-have profoundly affected women's involvement in paid employment. Conversely, women's participation in paid employment affects how women experience motherhood. For example, a woman who does not work outside the home has a dramatically different mothering experience than a woman who works outside the home and leaves her children with a day-care provider. The legal system can affect the relationship between motherhood and employment opportunities for women by means of employment laws and policies. Sometimes …


Autonomy's Magic Wand: Abortion And Constitutional Interpretation, Anita L. Allen Jan 1992

Autonomy's Magic Wand: Abortion And Constitutional Interpretation, Anita L. Allen

All Faculty Scholarship

No abstract provided.


Media Masala: Why Women's Control Matters, Sarah Krakoff Jan 1992

Media Masala: Why Women's Control Matters, Sarah Krakoff

Publications

No abstract provided.


The Thomas Hearings: Watching Ourselves, Robert F. Nagel Jan 1992

The Thomas Hearings: Watching Ourselves, Robert F. Nagel

Publications

No abstract provided.