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Full-Text Articles in Law
Women Law Journals In The New Millennium: How Far Have They Evolved? And Are They Still Necessary?, Katherine L. Vaughns
Women Law Journals In The New Millennium: How Far Have They Evolved? And Are They Still Necessary?, Katherine L. Vaughns
Katherine L. Vaughns
No abstract provided.
The Rugged Feminism Of Sandra Day O'Connor, Judith Olans Brown, Wendy E. Parmet, Mary E. O'Connell
The Rugged Feminism Of Sandra Day O'Connor, Judith Olans Brown, Wendy E. Parmet, Mary E. O'Connell
Mary E. O'Connell
In this Article we explore Justice O'Connor's response to the woman question by looking at her opinions on matters traditionally perceived to be of interest to women or matters historically recognized as women's issues. This leads us to consider cases about women as physical and sexual beings and cases about women as nurturers and caretakers. In addition, we look at cases about individuals who, like women, have been traditionally perceived as dependent, vulnerable, and economically insecure. We do not claim that these are the only issues that matter to women. Clearly, the range of issues that matter to women is …
Exchange As A Cornerstone Of Families, Martha Ertman
Exchange As A Cornerstone Of Families, Martha Ertman
Martha M. Ertman
This essay up-ends critical theorist Ivan Illich’s critique of economic thinking as replacing households defined by vernacular gender with married pairs in “inhumane” sex-neutral economic partnerships. It challenges Illich’s view of exchange as a destroyer that has meddled in families for only a few hundred years, citing sociobiological literature to counter his case against exchange with one valorizing two exchanges that I call “primal deals” that played crucial roles in the evolution of humans, families, and day-to-day life. These primal deals—especially the primal pair-bonding deal between men and women—continue to play a central role in families and family law today. …
It Ain’T Necessarily So: The Misuse Of “Human Nature” In Law And Social Policy And Bankruptcy Of The “Nature-Nurture” Debate, 21 Tex. J. Women & L. 187 (2012))., Justin Schwartz
Justin Schwartz
Debate about legal and policy reform has been haunted by a pernicious confusion about human nature: and the idea that it is a set of rigid dispositions, today generally conceived as genetic, that is manifested the same way in all circumstances. Opponents of egalitarian alternatives argue that we cannot depart far from the status quo because human nature stands in the way. Advocates of such reforms too often deny the existence of human nature because, sharing this conception, they think it would prevent changes they deem desirable. Both views rest on deep errors about what kind of thing a “nature” …
More Than One Lane Wide: Against Hierarchies Of Helping In Progressive Legal Advocacy, Rebecca Sharpless
More Than One Lane Wide: Against Hierarchies Of Helping In Progressive Legal Advocacy, Rebecca Sharpless
Rebecca Sharpless
Progressive legal scholars and practitioners have created a hierarchy within social justice lawyering. Direct service attorneys — nonprofit attorneys who focus on helping individuals in civil cases — sit at the bottom. In the 1960s, progressive theorists advanced a negative portrayal of direct service attorneys as a class. This discourse has continued through different phases in the development of progressive legal theory. Direct service work is done primarily by women in the service of women, has the aesthetic of traditional women’s work, and can be understood as embodying the thesis that women have a greater existential and psychological connection to …