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Articles 1 - 30 of 56
Full-Text Articles in Law
Gestational Surrogacy And The Health Care Provider: Put Part Of The "Ivf Genie" Back Into The Bottle, Karen H. Rothenberg
Gestational Surrogacy And The Health Care Provider: Put Part Of The "Ivf Genie" Back Into The Bottle, Karen H. Rothenberg
Faculty Scholarship
No abstract provided.
New York Law School Reporter, October 1990, New York Law School
New York Law School Reporter, October 1990, New York Law School
Student Newspapers
No abstract provided.
Sex-Bias Topics In The Criminal Law Course: A Survey Of Criminal Law Professors, Nancy S. Erickson, Mary Ann Lamanna
Sex-Bias Topics In The Criminal Law Course: A Survey Of Criminal Law Professors, Nancy S. Erickson, Mary Ann Lamanna
University of Michigan Journal of Law Reform
This Article addresses the empirical question of whether law school curricula have advanced to the stage of integrating materials on gender-related topics into core courses, thus exposing students to gender-related topics in the law and presenting a perspective shaped by women's as well as men's experiences. We examine one of the central courses of the law school curriculum: criminal law. Although some of the attention directed to sex discrimination in law has focused on specific areas of criminal law such as rape and spouse abuse, a more systematic scrutiny of the substantive rules of criminal law and the ways in …
Economics, Feminism, And The Reinvention Of Alimony: A Reply To Ira Ellman, June Carbone
Economics, Feminism, And The Reinvention Of Alimony: A Reply To Ira Ellman, June Carbone
Vanderbilt Law Review
Divorce reform and gender roles are inextricably linked. When Lenore Weitzman chronicled the devastating consequences of divorce for most women, she described a legal system that, in an effort to be gender neutral in a formal sense, made no allowance for the domestic role women continue to perform. Herma Hill Kay, in reviewing Weitzman-inspired proposals to expand the scope of the financial awards made at divorce, nonetheless warned against encouraging "future couples entering marriage to make choices that will be economically disabling for women, thereby perpetuating their traditional financial dependence upon men and contributing to their inequality with men at …
Women Lawyers And The Quest For Professional Identity In Late Nineteenth-Century America, Virginia G. Drachman
Women Lawyers And The Quest For Professional Identity In Late Nineteenth-Century America, Virginia G. Drachman
Michigan Law Review
Whenever Lelia Robinson, a nineteenth-century woman lawyer, prepared to take a case to court, she faced a particular problem what to do about her hat. "Shall the woman attorney wear her hat when arguing a case or making a motion in court," she asked in 1888, "or shall she remove it?" Robinson's question was not a frivolous matter of fashion, but a serious concern to every woman lawyer who entered the courtroom. As a proper lady of her day, it was not only appropriate that she wear a hat in public, it was expected of her. But as a lawyer, …
Practical Polyphony: Theories Of The State And Feminist Jurisprudence, Carol Weisbrod
Practical Polyphony: Theories Of The State And Feminist Jurisprudence, Carol Weisbrod
Faculty Articles and Papers
No abstract provided.
Women And Contracts: No New Deal, Elizabeth S. Anderson
Women And Contracts: No New Deal, Elizabeth S. Anderson
Michigan Law Review
A Review of The Sexual Contract by Carole Pateman
Nomos And Thanatos (Part B). Feminism As Jurisgenerative Transformation, Or Resistance Through Partial Incorporation?, Richard F. Devlin
Nomos And Thanatos (Part B). Feminism As Jurisgenerative Transformation, Or Resistance Through Partial Incorporation?, Richard F. Devlin
Dalhousie Law Journal
In Part A of this essay, "The Killing Fields", I developed a critique of the disciplinary impulses that underlie modern law and legal theory. Invoking a number of perspectives and a plurality of analyses, I proposed that male-stream legal theory and contemporary law both assume as inevitable, and legitimize as appropriate, the funnelling of violence through law. The problem with a funnel, however, is that it does not curtail or reduce that which is channelled through it. On the contrary, to funnel is to condense and to intensify. Viewed from this perspective, interpreted from the bottom up, law and legal …
Feminism And Post-Structuralism, Joan C. Williams
Feminism And Post-Structuralism, Joan C. Williams
Michigan Law Review
A Review of The Female Body and the Law by Zillah R. Eisenstein
The New Politics Of Pornography, René L. Todd
The New Politics Of Pornography, René L. Todd
Michigan Law Review
A Review of The New Politics of Pornography by Donald A. Downs
Justice, Gender And The Family, Christine A. Pagac
Justice, Gender And The Family, Christine A. Pagac
Michigan Law Review
A Review of Justice, Gender and the Family by Susan Moller Okin
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
Defending Women, Susan Estrich
Defending Women, Susan Estrich
Michigan Law Review
A Review of Justifiable Homicide: Battered Women, Self-Defense and The Law by Cynthia Gillespie
Re-Vision Of The Bankruptcy System: New Images Of Individual Debtors, Karen Gross
Re-Vision Of The Bankruptcy System: New Images Of Individual Debtors, Karen Gross
Michigan Law Review
A Review of As We Forgive Our Debtors: Bankruptcy and Consumer Credit in American by Teresa A. Sullivan, Elizabeth Warren, and Jay Lawrene Westbrook
Toward An Expanded Conception Of Law Reform: Sexual Harassment Law And The Reconstruction Of Facts, Holly B. Fechner
Toward An Expanded Conception Of Law Reform: Sexual Harassment Law And The Reconstruction Of Facts, Holly B. Fechner
University of Michigan Journal of Law Reform
This Note uses feminist reform of sexual harassment law to show how the reconstruction of factual descriptions can lead to change in the law. Part I describes the feminist methodology of consciousness raising and analyzes Catharine MacKinnon's Sexual Harassment of Working Women as an example of a successful consciousness-raising tool. Part II discusses sexual harassment doctrine and presents a case study illustrating how changing the way legal decision makers think about facts can lead to law reform. Part III discusses how social construction theory aids understanding of changes in sexual harassment law.
A Matter Of Difference: Domestic Contracts And Gender Equality, Brenda Cossman
A Matter Of Difference: Domestic Contracts And Gender Equality, Brenda Cossman
Osgoode Hall Law Journal
This essay explores the feminist debates around gender difference and gender equality in the context of the Supreme Court of Canada's Pelech trilogy. It argues that the Court's approach to the enforcement of separation agreements does not adequately account for gender difference. Based on feminist critiques of difference, the essay then suggests an approach which might allow us to move beyond the dilemmas that difference presents to feminist legal theory and practice, and to the enforcement of separation agreements in particular.
Status And Contract In Surrogate Motherhood: An Illumination Of The Surrogacy Debate, Janet L. Dolgin
Status And Contract In Surrogate Motherhood: An Illumination Of The Surrogacy Debate, Janet L. Dolgin
Buffalo Law Review
No abstract provided.
Lessons Of Difference: Feminist Theory On Cultural Diversity, Nitya Duclos
Lessons Of Difference: Feminist Theory On Cultural Diversity, Nitya Duclos
Buffalo Law Review
No abstract provided.
Terminally Ill And Pregnant: State Denial Of A Woman's Right To Refuse A Cesarean Section, Jennifer Beulah Lew
Terminally Ill And Pregnant: State Denial Of A Woman's Right To Refuse A Cesarean Section, Jennifer Beulah Lew
Buffalo Law Review
No abstract provided.
Achieving Equal Justice For Women And Men In The Courts. The Draft Report Of The Judicial Council Advisory Committee On Gender Bias In The Courts, Judicial Council Of California
Achieving Equal Justice For Women And Men In The Courts. The Draft Report Of The Judicial Council Advisory Committee On Gender Bias In The Courts, Judicial Council Of California
California Agencies
The Judicial Council Advisory Committee on Gender Bias in the Courts was appointed by two Chief Justices and charged with the duty of examining the problem of gender bias in the California courts, gathering information, and making recommendations to the Judicial Council to correct any problems identified. The committee has found that serious problems do exist in decison making, court practices and procedures, the fair allocation of judicial resources, and in the courtroom environment. The committee proposes a series of recommendations in the areas of: Civil Litigation and Courtroom Demeanor, Family Law, Domestic Violence, Juvenile and Criminal Law, and Court …
From The Bar To The Bar: Prevailing Despite Gender Bias, Nancy Woolley
From The Bar To The Bar: Prevailing Despite Gender Bias, Nancy Woolley
New England Journal of Public Policy
The report of the Gender Bias Study of the Supreme Judicial Court of the Commonwealth of Massachusetts was released in May 1989. After a thorough study of the areas of family law, domestic violence and sexual assault, criminal and juvenile justice, civil damage awards, gender bias in courthouse interactions, and court personnel, the study committee concluded that there was significant gender-based bias in the courts. The following article demonstrates how bias affected one woman and her children, and how, in spite of it and with the help of individuals and institutions in the private sector, she has attained empowerment and …
Women, Politics, And The Nineties: The Abortion Debate, Susan Estrich
Women, Politics, And The Nineties: The Abortion Debate, Susan Estrich
New England Journal of Public Policy
The fight for political empowerment of women may finally break wide open over the issues of reproductive freedom. This article posits that while public attention has focused on courtroom attempts to limit Roe v. Wade, the issues will ultimately be decided in the political arena. Here, Estrich says, the framer of the question may be the ultimate victor. For those on the pro-choice side of the debate, the next election cycle may be their first real opportunity to vote as a bloc and wield real political power.
The New York Law School Reporter, Vol 7, No. 9, March 1990, New York Law School
The New York Law School Reporter, Vol 7, No. 9, March 1990, New York Law School
Student Newspapers
No abstract provided.
Women, Mothers, And The Law Of Fright: A History, Martha Chamallas, Linda K. Kerber
Women, Mothers, And The Law Of Fright: A History, Martha Chamallas, Linda K. Kerber
Michigan Law Review
This article presents a gendered history of the law's treatment of fright-based physical injuries. Our goal is to connect the law of fright to the changing cultural and intellectual forces of the twentieth century. Through a feminist lens, we reexamine the accounts of the legal treatment of fright-based injuries offered by Victorian-erajurists, traditionalist legal scholars of the first two decades of the twentieth century, a legal realist in the 1930s, and a Freudian medical-legal commentator from the 1940s, all of whom helped to shape present-day tort doctrine. We conclude with an account of Dillon v. Legg, in which the …
Explaining The Legal System's Inadequate Response To The Abuse Of Women: A Lack Of Coordination, Matthew Litsky
Explaining The Legal System's Inadequate Response To The Abuse Of Women: A Lack Of Coordination, Matthew Litsky
NYLS Journal of Human Rights
No abstract provided.
Brasci V. Stahl: Family Redefined, Eileen Kaspar
Brasci V. Stahl: Family Redefined, Eileen Kaspar
NYLS Journal of Human Rights
No abstract provided.
Challenging Law, Establishing Differences: The Future Of Feminist Legal Scholarship, Martha Albertson Fineman
Challenging Law, Establishing Differences: The Future Of Feminist Legal Scholarship, Martha Albertson Fineman
Faculty Articles
I begin with my version of the ideally antagonistic interaction of feminist theory with the law. I locate my discussion between the extremes of grand theory and unique experience. I consider the central, pressing task of feminist theory to be challenging existing law and legal doctrines through the articulation and establishment of a theory of difference. In this essay I divide my discussion of the theory of difference into two sections. The first section concerns the theoretical and political necessity of establishing the differences between men and women. Articulation of the extent of this manifestation of difference illustrates that the …
Webster V. Reproductive Health Services: A Path To Constitutional Equilibrium, Mark E. Chopko
Webster V. Reproductive Health Services: A Path To Constitutional Equilibrium, Mark E. Chopko
Campbell Law Review
This Article is intended as part of a symposium and a debate on substantive due process and the decision in Webster v. Reproductive Health Services. This writer, although here a commentator on the law, does have an opinion on the ultimate question: Roe v. Wade was wrongly decided.
Fetal Tissue Research And Abortion: Do They Have A Future Together?, Angela M. Skerrett
Fetal Tissue Research And Abortion: Do They Have A Future Together?, Angela M. Skerrett
Campbell Law Review
This Comment will examine fetal tissue research as it relates to the issue of abortion. First, the Comment discusses the current status of fetal tissue research. Second, the Comment looks at the influence of abortion on fetal tissue research, including constitutional and ethical issues. Third, the Comment examines the future of fetal tissue research. Finally, this Comment will conclude that the attitudes, opinions and laws concerning abortion will play a major role in determining the future of fetal tissue research.
Gender Bias In The Classrom, Taunya Lovell Banks
Gender Bias In The Classrom, Taunya Lovell Banks
Faculty Scholarship
No abstract provided.