Law Commons^™

A Kinder, Gentler Liberalism? Visions Of Empathy In Feminist And Communitarian Literature, Cynthia V. Ward

Cynthia V. Ward

No abstract provided.

Trapped In Public: The Regulation Of Street Harassment And Cyber-Harassment Under The Captive Audience Doctrine, Joanne Sweeny

JoAnne Sweeny

No abstract provided.

Family Law And Female Empowerment, Andrea B. Carroll

Andrea Beauchamp Carroll

No abstract provided.

Book Review: Choreographing Copyright: Race, Gender, And Intellectual Property Rights In American Dance By Anthea Kraut, Carys Craig

Carys Craig

Dance may be one of the world’s oldest art forms, but it is a relatively recent entrant into the sphere of copyright law—and remains something of an afterthought amongst copyright lawyers and scholars alike. For copyright scholars, at least, that should change with the publication of Anthea Kraut’s CHOREOGRAPHING COPYRIGHT: RACE, GENDER, AND INTELLECTUAL PROPERTY RIGHTS IN AMERICAN DANCE. Kraut performs a fascinating exploration of the evolution of choreographic copyright—sweeping, political, polemical—that should leave no one in doubt as to the normative significance of choreography as a subject matter of copyright law and policy. Nor should doubt remain as to …

Songs Of Innocence And Experience: Dominance Feminism In The University - Book Review (The Morning After: Sex, Fear, And Feminism On Campus; By Katie Rophie), Kathryn Abrams

Kathryn Abrams

No abstract provided.

Songs Of Innocence And Experience: Dominance Feminism In The University - Book Review (The Morning After: Sex, Fear, And Feminism On Campus; By Katie Rophie), Kathryn Abrams

Kathryn Abrams

No abstract provided.

Hearing The Call Of Stories, Kathryn Abrams

Kathryn Abrams

In this Article, Professor Abrams examines the emergence of feminist narrative scholarship as a distinctive form of critical legal discourse. Arguing that the failure to debate publicly the conventions and merits of this form has perpetuated misunderstandings about its claims and disadvantaged its practitioners, she begins by examining several of the critiques that have been offered, in nonpublic settings, of feminist narratives. To provide background and context for examining these critiques, she then analyzes four recent examples of feminist narrative legal scholarship. In the final section of the Article, Professor Abrams returns to the opening critiques. She argues that their …

"The Good Mother": Mothering, Feminism, And Incarceration, Deseriee A. Kennedy

Deseriee A. Kennedy

As the rates of incarceration continue to rise, women are increasingly subject to draconian criminal justice and child welfare policies that frequently result in the loss of their parental rights. The intersection of an increasingly carceral state and federally imposed timelines for achieving permanency for children in state care has had a negative effect on women, their children, and their communities. Women, and their ability to parent, are more adversely affected by the intersection of these gender-neutral provisions because they are more likely than men to be the primary caretaker of their children. In addition, incarcerated women have higher rates …

The Political Economy And Legal Regulation Of Transnational Commercial Surrogate, Cyra Akila Choudhury

Cyra A. Choudhury

This Article breaks new ground by closely reading the emerging ethnographic accounts of surrogacy to establish that current feminist frames are incomplete. It incorporates the political economy of surrogacy, the economic relationship of surrogacy to the Indian state, and the political economy of surrogates’ families, which have all been missing from the current dialogue. The Article concludes that the benefits of surrogate labor outweigh its disadvantages and develops a new framework — of surrogacy as labor — that will, for the first time, protect the surrogate as worker.Surrogacy, as a fairly open regulatory field, provides feminists with a unique opportunity …

Abnormal Justice And Globalised Labour Markets: Thinking Labour Law With Judy Fudge, Niklas Selberg, Hanna Pettersson

Niklas Selberg

Out Of The Shadows: Traversing The Imaginary Of Sameness, Difference, And Relationalism - A Human Rights Proposal, Berta E. Hernández-Truyol

Berta E. Hernández-Truyol

This work seeks to develop a methodology that serves a women's anti-subordination project. To achieve this goal, Part II sets out the theoretical background of feminist theory (II.A) and three waves of feminism (II.B). Part II.C articulates the feminist revelations about law these analytical frameworks have engendered.

This project sets out to craft a methodology that can assist the goal of full personhood for women. Women's full personhood is a substantive concept that, as detailed in Part III, I ground on international human rights notions of fundamental rights - rights that we have, or ought to have, because we are …

Feminist Legal Scholarship: Charting Topics And Authors, 1978-2002, Laura A. Rosenbury

Laura A. Rosenbury

In their call for papers, the organizers of the Columbia Journal of Gender and Law’s Spring 2003 symposium “Why a Feminist Law Journal?” posed several questions, including: "Are feminist law journals a victim of their own success? Have they outlived their usefulness?" and "What is the state of feminist legal scholarship today? What constitutes feminist scholarship?" As a new member of the legal academy, my answers to their questions depend on answers to two more basic questions: What has been published in feminist law journals? And, how do those articles relate to feminist articles published in non-specialty, or flagship, law …

Measuring The Effects Of Feminist Legal Research: Looking Critically At "Failure" And "Success", Lisa Philipps

Lisa Philipps

No abstract provided.

Choices And Commitments For Women: Challenging The Supreme Court Of Canada In The Context Of Social Assitance, Mary Jane Mossman

Mary Jane Mossman

No abstract provided.

Law And Feminism: Foreword, Mary Jane Mossman

Mary Jane Mossman

No abstract provided.

Feminism, Consequences, Accountability, Sonia Lawrence

Sonia Lawrence

No abstract provided.

Newfound Religion: Mothers, God, And Infanticide, Susan Ayres

Susan Ayres

This essay focuses on cultural constructions of infanticide and psychosis, especially cases in which the mother heard delusional commands to kill her children. Part I examines the background of the Yates, Laney, and Diaz cases. Part II explores whether these mothers can be seen paradoxically as feminist subjects of empowerment rather than as victims. This essay argues that psychotic mothers have been disempowered and silenced, so their acts cannot be seen as subversive feminist gestures. Part III, however, arguest that the legal trials of Laney and Diaz demonstrate a possible subversion through trial strategy. These two trials more fully told …

What Is Feminist About Open Access?: A Relational Approach To Copyright In The Academy, Carys J. Craig, Joseph F. Turcotte, Rosemary J. Coombe

Carys Craig

In a context of great technological and social change, existing intellectual property regimes such as copyright must contend with parallel forms of ownership and distribution. Proponents of open access question and undermine the paradigm of exclusivity central to traditional copyright law, thereby fundamentally challenging its ownership structures and the publishing practices these support. In this essay, we attempt to show what it is about the open access endeavour that resonates with a feminist theory of law and society - in other words, we consider what is “feminist” about open access. First, we provide an overview of a relational feminist critique …

Feminist Aesthetics And Copyright Law: Genius, Value, And Gendered Visions Of The Creative Self, Carys J. Craig

Carys Craig

Copyright law is fundamentally concerned with the value of cultural works — both the recognition and the creation of this value. Yet it is seldom acknowledged that copyright law makes or requires any value judgment in the sense of an aesthetic evaluation of copyright’s subject matter. Indeed, it is often emphasized that copyright protects original works of authorship regardless of their quality or merit. That copyright protection demands the satisfaction of only the most minimal of qualitative standards does not, however, dispose of the larger claim that forms the basis of this chapter: our copyright system is dominated by a …

The Limits Of Feminism, Emily Sherwin

Emily L Sherwin

No abstract provided.

The Legacy Of Colonialism: Law And Women's Rights In India, Varsha Chitnis, Danaya C. Wright

Danaya C. Wright

The relationship between nineteenth century England and colonial India was complex in terms of negotiating the different constituencies that claimed an interest in the economic and moral development of the colonies. After India became subject to the sovereignty of the English Monarchy in 1858, its future became indelibly linked with that of England's, yet India's own unique history and culture meant that many of the reforms the colonialists set out to undertake worked out differently than they anticipated. In particular, the colonial ambition of civilizing the barbaric native Indian male underlay many of the legal reforms attempted in the nearly …

Boys, Masculinities And Juvenile Justice, Nancy E. Dowd

Nancy Dowd

Culture and tradition are part of the macrosystem of ideas and beliefs that have a dramatic effect on children and families. One aspect of culture is gender beliefs, values and roles. Feminist analysis has explored the incorporation of gender in a wide range of structures, challenging gender bias and advocating reform of a range of laws, structural systems, and social practices. Masculinities analysis, an outgrowth of feminist analysis that focuses on men as gendered subjects, provides a perspective to consider those areas in which men are disproportionately present either in positions of power and privilege, or in positions of disadvantage. …

Asking The Man Question: Masculinities Analysis And Feminist Theory, Nancy E. Dowd

Nancy Dowd

Masculinities scholarship is an essential piece of feminist analysis and of critical equality analysis. It requires that we "ask the man question" to further unravel inequalities. This symposium marks one of several movements toward examining and considering what masculinities scholarship can offer. In this introduction, I suggest a framework of masculinities analysis and describe its relationship to feminist theory. First, I consider why we should ask the "man question," and how we should ask it. Second, I explore how masculinities analysis might be useful in our examination of the "man question." Masculinities work can be used to understand more clearly …

Women Of Color In Legal Education: Challenging The Presumption Of Incompetence, Carmen G. Gonzalez

Carmen G. Gonzalez

Female law professors of color have become the canaries in the academic mine whose plight is an early warning of the dangers that threaten legal education and the future of the legal profession. As legal education is restructured in response to declining enrollments, tenure itself is coming under fire, and downsizing and hiring freezes are becoming more common. Female law professors of color, who tend to be concentrated at middle- and lower-tier law schools, are particularly vulnerable. But this vulnerability may foreshadow the predicament of all but the most elite law faculty if academic employment becomes increasingly precarious. This article …

Intertwining Of Poverty, Gender, And Race: A Critical Analysis Of Welfare News Coverage From 1993-2000, Deseriee A. Kennedy

Deseriee A. Kennedy

Over the years, welfare has become highly intertwined with ideological beliefs involving gender, race, and poverty. As the nature of welfare transformed to include non-white recipients, the perception of welfare recipients as single "worthy white widows" was replaced by the "lazy African-American breeders." This study examined how television news may have appropriated this negative image in its coverage of the changes in the U.S. welfare system that took place during the 1990s. News stories presented by the major U.S. television networks from 1993 to 2000 were examined. The analysis showed that news stories tended to depict the typical welfare recipient …

Feminism And Child Custody Under Chapter Two Of The American Law Institute's Principles Of The Law Of Family Dissolution, Margaret F. Brinig

Margaret F Brinig

No abstract provided.

Addressing Early Marriage: Culturally Competent Practices And Romanian Roma (“Gypsy”) Communities, Judith Hale Reed

Judith A Hale Reed

Early marriage affects many communities around the world. Examples of commonly practiced early marriage can be found today in the U.S., India, Syria, and many other places. Although most countries have instituted minimum age laws for marriage, so that legal marriage can only occur after an age set by law, early marriage is still practiced for tradition, control, security, and other reasons. This article explores the harms of early marriage and the international instruments meant to defend against these harms in Part II. Part III reviews theoretical perspectives from legal anthropology and presents a case study of early marriage in …

Feminism And The Nation-State In Japan, Vera C. Mackie

Vera Mackie

The first Japanese edition of the book appeared at the height of debates about the interpretation of the Asia-Pacific War, debates which were also linked to conflicts about how the past should be represented in school textbooks.2 Much of this controversy revolved around the issue of enforced military prostitution/military sexual slavery.3 In 1991 Kim Hak-Sun (1924–1997) was one of the few women to come out in public in her own name to narrate her experiences in the enforced military prostitution system and demand an apology and compensation from the Japanese government. She was soon joined by survivors from Korea and …

Book Review: Legal Tenderness, Martha M. Ertman

Martha M. Ertman

No abstract provided.

Intimate Liability: Emotional Harm, Family Law, And Stereotyped Narratives Of Interspousal Torts, Fernanda Nicola

Fernanda G. Nicola

Tort liability expanded in the twentieth century, a shift scholars generally attribute to the reorganization of tort law around the fault principle. In privileging compensation and deterrence, this reconfiguration ended various restrictions on liability, long viewed as arbitrary, including limits to the recovery for emotional harm and interspousal immunities. Tort and family law scholars alike portray the end of such immunities as a milestone for gender equality. Their elimination enables spouses and partners to secure compensation for emotional and physical abuse arising in intimate relationships. Yet, tort law is not operating in this way. On the contrary, by endorsing a …