Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Law and Gender

1990

Institution
Keyword
Publication
Publication Type

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 Dec 1990

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.


Economics, Feminism, And The Reinvention Of Alimony: A Reply To Ira Ellman, June Carbone Oct 1990

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 ...


New York Law School Reporter, October 1990, New York Law School Oct 1990

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 Oct 1990

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 ...


Women Lawyers And The Quest For Professional Identity In Late Nineteenth-Century America, Virginia G. Drachman Aug 1990

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 ...


Practical Polyphony: Theories Of The State And Feminist Jurisprudence, Carol Weisbrod Jul 1990

Practical Polyphony: Theories Of The State And Feminist Jurisprudence, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.


A Theory-Practice Spiral: The Ethics Of Feminism And Clinical Education, Phyllis Goldfarb Jun 1990

A Theory-Practice Spiral: The Ethics Of Feminism And Clinical Education, Phyllis Goldfarb

Boston College Law School Faculty Papers

Should law school classes cultivate professional skills or should they advance a broad intellectual agenda? This Article examines the relationship between theory and practice from the standpoint of two movements within law’s academy: clinical education and feminist jurisprudence. Although the former is often thought of as a practical movement and the latter a theoretical movement, the Author’s intention is to demonstrate the fundamental methodological similarity of the two movements, and hence, the problematic nature of the theory-practice label. This Article also examines the ethical impulse that sparks clinical education and feminism, suggesting that each movement’s perceptions of ...


Nomos And Thanatos (Part B). Feminism As Jurisgenerative Transformation, Or Resistance Through Partial Incorporation?, Richard F. Devlin May 1990

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 May 1990

Feminism And Post-Structuralism, Joan C. Williams

Michigan Law Review

A Review of The Female Body and the Law by Zillah R. Eisenstein


Re-Vision Of The Bankruptcy System: New Images Of Individual Debtors, Karen Gross May 1990

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


Women And Contracts: No New Deal, Elizabeth S. Anderson May 1990

Women And Contracts: No New Deal, Elizabeth S. Anderson

Michigan Law Review

A Review of The Sexual Contract by Carole Pateman


The New Politics Of Pornography, René L. Todd May 1990

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 May 1990

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 May 1990

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 May 1990

Defending Women, Susan Estrich

Michigan Law Review

A Review of Justifiable Homicide: Battered Women, Self-Defense and The Law by Cynthia Gillespie


A Matter Of Difference: Domestic Contracts And Gender Equality, Brenda Cossman Apr 1990

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 Apr 1990

Status And Contract In Surrogate Motherhood: An Illumination Of The Surrogacy Debate, Janet L. Dolgin

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 Apr 1990

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.


Lessons Of Difference: Feminist Theory On Cultural Diversity, Nitya Duclos Apr 1990

Lessons Of Difference: Feminist Theory On Cultural Diversity, Nitya Duclos

Buffalo Law Review

No abstract provided.


Toward An Expanded Conception Of Law Reform: Sexual Harassment Law And The Reconstruction Of Facts, Holly B. Fechner Apr 1990

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.


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 Mar 1990

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 Mar 1990

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 Mar 1990

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 Mar 1990

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 Feb 1990

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 ...


Women And Aids - Racism, Sexism, And Classism, Taunya L. Banks Jan 1990

Women And Aids - Racism, Sexism, And Classism, Taunya L. Banks

Faculty Scholarship

No abstract provided.


Explaining The Legal System's Inadequate Response To The Abuse Of Women: A Lack Of Coordination, Matthew Litsky Jan 1990

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 Jan 1990

Brasci V. Stahl: Family Redefined, Eileen Kaspar

NYLS Journal of Human Rights

No abstract provided.


Gender Bias In The Classrom, Taunya Lovell Banks Jan 1990

Gender Bias In The Classrom, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.


Judicial Review And Abortion In Canada: Lessons For The United States In The Wake Of Webster V. Reproductive Health Services, 61 U. Colo. L. Rev. 537 (1990), Donald L. Beschle Jan 1990

Judicial Review And Abortion In Canada: Lessons For The United States In The Wake Of Webster V. Reproductive Health Services, 61 U. Colo. L. Rev. 537 (1990), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.