Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 9 of 9
Full-Text Articles in Law
The Detention, Confinement, And Incarceration Of Pregnant Women For The Benefit Of Fetal Health, April L. Cherry
The Detention, Confinement, And Incarceration Of Pregnant Women For The Benefit Of Fetal Health, April L. Cherry
Law Faculty Articles and Essays
Section One of this Article discusses the effect of drug policy on the detention and confinement of pregnant women. This section also outlines three types of "fetal protection measures" that result in the detention, confinement, or incarceration of pregnant women in the name of fetal health and examines the legal rationales behind these mechanisms. Section One then questions whether detention is an effective way to reach the state's articulated goal of better fetal outcomes. Section Two offers a discussion of the constitutional rights at issue. This section addresses the ways in which detention violates two essential components of women's rights: …
Roe's Legacy: The Nonconsensual Medical Treatment Of Pregnant Women And Implications For Female Citizenship, April L. Cherry
Roe's Legacy: The Nonconsensual Medical Treatment Of Pregnant Women And Implications For Female Citizenship, April L. Cherry
Law Faculty Articles and Essays
In this Essay, I demonstrate how I have come to the conclusion that the "compelling state interest" language used by the Court in Roe has been used to constrain and derogate women's citizenship. In Part I, I detail Roe's holding and describe some of the arguments, which use Roe as precedent, that seek to justify limits on health care decision making by pregnant women. I argue that because Roe does not address situations outside of the abortion context, it leaves intact women's common law and constitutional liberty rights to direct their medical care. Therefore, the state cannot constitutionally compel medical …
Book Review, Dena S. Davis
Book Review, Dena S. Davis
Law Faculty Articles and Essays
This is a review of Women and Jewish Law: The Essential Texts, Their History, and Their Relevance for Today by Rachel Biale (1995). It is a minor miracle. It is readable and free of unnecessary jargon, and accessible to the educated reader who has only some introduction to the nature of Jewish law (Halakhah). At the same time, it is serious and scholarly and would work very well as a text for a graduate seminar on Jewish law, women and law, or religion and law. The author celebrates the increasing power and visibility of women in all denominations of Judaism, …
The Free Exercise Rights Of Pregnant Women Who Refuse Medical Treatment, April L. Cherry
The Free Exercise Rights Of Pregnant Women Who Refuse Medical Treatment, April L. Cherry
Law Faculty Articles and Essays
In Part II, I outline the values protected by the free exercise clause. I also analyze modern free exercise jurisprudence, ending with the status of religious exemptions from laws of general applicability since the Supreme Court's decision in Employment Division v. Smith, which severely limits the situations in which strict scrutiny will be applied to analyze government actions that compels a religious believer to act contrary to her beliefs. In Part III, I first discuss the law regarding the right to refuse medical treatment. I then explore the states' rationales for using the force of law on pregnant women who …
Nurturing In The Service Of White Culture: Racial Subordination, Gestational Surrogacy, And The Ideology Of Motherhood, April L. Cherry
Nurturing In The Service Of White Culture: Racial Subordination, Gestational Surrogacy, And The Ideology Of Motherhood, April L. Cherry
Law Faculty Articles and Essays
I approach the question of race, motherhood, and gestational surrogacy, by looking at courts' opinions in the case of Johnson v. Calvert and the racialized institution of motherhood. In the next section, I discuss motherhood as a social institution. I contrast some of the radical feminist critiques of motherhood, which recognize motherhood as institutionalized and compulsory, with Black feminist criticism, which understands motherhood as a site of power for African-American women. In Section III, I discuss the current popular understanding of the cultural and legal dictates of institutionalized motherhood from a historical perspective, focusing on the late eighteenth and early …
Maternal-Fetal Conflicts, The Social Construction Of Maternal Deviance, And Some Thoughts About Love And Justice, April L. Cherry
Maternal-Fetal Conflicts, The Social Construction Of Maternal Deviance, And Some Thoughts About Love And Justice, April L. Cherry
Law Faculty Articles and Essays
FIRST PARAGRAPH: In the short amount of time that we have together today, I would like to accomplish three tasks. First, I would like to offer a brief overview of what and whom we are talking about when we talk about "maternal-fetal conflicts." Second, I would like to discuss some of the assumptions that are held about the women involved in these "conflicts," with the hope that giving voice to these assumptions might help us better understand why we may be willing to accept the coerced medical treatment of pregnant women, or legal sanctions against pregnant women who refuse treatment …
Self-Reflection Within The Academy: The Absence Of Women In Constitutional Jurisprudence, Karin M. Mika
Self-Reflection Within The Academy: The Absence Of Women In Constitutional Jurisprudence, Karin M. Mika
Law Faculty Articles and Essays
This article will suggest that legal education has failed to represent the significant contributions of women in our American legal heritage within its curriculum. It urges that an acknowledgment of the feminine contribution must now be included within the curriculum of law schools in such a way that the contribution is incorporated within traditional substantive courses rather than select courses dealing with primarily "women's issues." Focusing on the Nineteenth and early Twentieth centuries, this article highlights the achievements and legal battles of women which were integral to the overall development of legal theory in our country. It discusses some of …
Feminism And Defending Men On Death Row, Phyllis L. Crocker
Feminism And Defending Men On Death Row, Phyllis L. Crocker
Law Faculty Articles and Essays
In this Essay I explore the relationship between being a feminist and representing men on death row. It is appropriate to engage in this inquiry in considering how the law has developed in the twenty-five years since Furman v. Georgia. During that time both Furman and the advent of feminist legal theory have required a restructuring in the way we think about two fundamental legal questions: for death penalty jurisprudence, how and why we sentence an individual to death; and for feminist jurisprudence, how the law views crimes of violence against women. The relationship between these two developments becomes apparent …
Four Remarkable Ohio Women Lawyers--The Cronise Sisters Of Tiffin, Florence Allen, And Cleveland Law School's "Hard-Boiled Mary'", Arthur R. Landever
Four Remarkable Ohio Women Lawyers--The Cronise Sisters Of Tiffin, Florence Allen, And Cleveland Law School's "Hard-Boiled Mary'", Arthur R. Landever
Law Faculty Articles and Essays
Four Ohio Women blazed the trail. Among the early women lawyers in our state, they overcame resistance from the male bar or the culture of the day to distinguish themselves in the profession. Nettie Cronise was the first woman admitted to the Ohio bar. Her sister Florence followed, several months later. Florence Allen, admitted in 1914, became the nation's preeminent woman judge of her time. Mary Grossman, from Jewish immigrant roots, had a memorable career on the Cleveland Municipal Court. Why did these women choose law despite society's obstacles? What do they have to tell us?