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Full-Text Articles in Law

Feminist Legal Theory As A Way To Explain The Lack Of Progress Of Women’S Rights In Afghanistan: The Need For A State Strength Approach, Isaac Kfir Dec 2014

Feminist Legal Theory As A Way To Explain The Lack Of Progress Of Women’S Rights In Afghanistan: The Need For A State Strength Approach, Isaac Kfir

William & Mary Journal of Race, Gender, and Social Justice

Cultural and religious practices are critical to explaining Afghanistan’s dreadful reputation concerning the preservation, protection, and promotion of women’s rights. Those advocating misogynistic practices assert that the calls for reforms challenge their religion and culture, while also claiming that many women’s issues exist within the private realm. Accordingly, they assert that reforms that aim at addressing disempowerment are not vital to the state and go beyond the established limits of state authority. Building on feminist legal theory, which distinguishes between the public and private spheres, I argue in Afghanistan misogynistic and discriminatory practices stem from contrived cultural and religious norms. …


Murderous Madonna: Femininity, Violence, And The Myth Of Postpartum Mental Disorder In Cases Of Maternal Infanticide And Filicide, Heather Leigh Stangle Nov 2008

Murderous Madonna: Femininity, Violence, And The Myth Of Postpartum Mental Disorder In Cases Of Maternal Infanticide And Filicide, Heather Leigh Stangle

William & Mary Law Review

No abstract provided.


Re-Possessing "Home": A Re-Analysis Of Gender, Homeownership, And Debtor Default For Feminist Legal Theory, Lorna Fox Apr 2008

Re-Possessing "Home": A Re-Analysis Of Gender, Homeownership, And Debtor Default For Feminist Legal Theory, Lorna Fox

William & Mary Journal of Race, Gender, and Social Justice

The current credit crisis has brought the subject of subprime and other problematic debt to the forefront of many agendas - both political and personal. This article explores some of the underlying legal, theoretical, economic, and phenomenological issues associated with default and foreclosure, particularly as they affect women homeowners. The analysis is embedded in feminist discourse on home, from traditional critiques of the association between women and home to evolving conceptions of the benefits and the burdens of home for contemporary feminist theory. This article traces the ideas of "home" and "homeownership" for American women and considers how it might …


Reconstructing The Race-Sex Analogy, Serena Mayeri Apr 2008

Reconstructing The Race-Sex Analogy, Serena Mayeri

William & Mary Law Review

In the standard account, American sex equality law rests on a partial and imperfect analogy to race, developed in the 1970s by feminists intent on establishing formal equality between men and women, and embraced, albeit selectively and uneasily, by lawmakers and judges. But this account, although containing important elements of truth, obscures the creative ways that advocates turned the tables, arguing that principles developed in sex equality jurisprudence could expand the availability of remedies for racial injustice. This Article explores one example of this phenomenon: efforts, led by Ruth Bader Ginsburg, to use the emerging constitutional distinction between detrimental and …


Female By Operation Of Law: Feminist Jurisprudence And The Legal Imposition Of Sex, Matthew Gayle Apr 2006

Female By Operation Of Law: Feminist Jurisprudence And The Legal Imposition Of Sex, Matthew Gayle

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Towards A Feminist Theory Of The Public Domain, Or Rejecting The Gendered Scope Of United States Copyrightable And Patentable Subject Matter, Malla Pollack Apr 2006

Towards A Feminist Theory Of The Public Domain, Or Rejecting The Gendered Scope Of United States Copyrightable And Patentable Subject Matter, Malla Pollack

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Private Choices, Public Consequences: Public Education Reform And Feminist Legal Theory, Verna L. Williams Apr 2006

Private Choices, Public Consequences: Public Education Reform And Feminist Legal Theory, Verna L. Williams

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Law, Literature, And Libel: Victorian Censorship Of "Dirty Filthy" Books On Birth Control, Kristin Brandser Kalsem Apr 2004

Law, Literature, And Libel: Victorian Censorship Of "Dirty Filthy" Books On Birth Control, Kristin Brandser Kalsem

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Humiliation At Work, Catherine L. Fisk Oct 2001

Humiliation At Work, Catherine L. Fisk

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


What's Love Got To Do With It?, Susan Bandes Oct 2001

What's Love Got To Do With It?, Susan Bandes

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The Anti-Essentialism V. Essentialism Debate In Feminist Legal Theory: The Debate And Beyond, Jane Wong Apr 1999

The Anti-Essentialism V. Essentialism Debate In Feminist Legal Theory: The Debate And Beyond, Jane Wong

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The Sixties Shift To Formal Equality And The Courts: An Argument For Pragmatism And Politics, Mary Becker Oct 1998

The Sixties Shift To Formal Equality And The Courts: An Argument For Pragmatism And Politics, Mary Becker

William & Mary Law Review

No abstract provided.


Pink Elephants In The Rape Trial: The Problem Of Tort-Type Defenses In The Criminal Law Of Rape, Aya Gruber Dec 1997

Pink Elephants In The Rape Trial: The Problem Of Tort-Type Defenses In The Criminal Law Of Rape, Aya Gruber

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Sex Selection Abortion And The Boomerang Effect Of A Woman's Right To Choose: A Paradox Of The Skeptics, Lynne Marie Kohm Dec 1997

Sex Selection Abortion And The Boomerang Effect Of A Woman's Right To Choose: A Paradox Of The Skeptics, Lynne Marie Kohm

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


"My God!" Is This How A Feminist Analyzes Excited Utterances, Randolph N. Jonakait Dec 1997

"My God!" Is This How A Feminist Analyzes Excited Utterances, Randolph N. Jonakait

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Evidence In A Difference Voice: Some Thoughts On Professor Jonakait's Critique Of A Feminist Approach, Aviva Orenstein Dec 1997

Evidence In A Difference Voice: Some Thoughts On Professor Jonakait's Critique Of A Feminist Approach, Aviva Orenstein

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The Radical Feminist Defense Of Individualism, Cynthia V. Ward Jan 1995

The Radical Feminist Defense Of Individualism, Cynthia V. Ward

Faculty Publications

No abstract provided.


Providing Justice For Children In Disputed Adoptions: A Feminist Perspective, Meghan S. Skelton Oct 1994

Providing Justice For Children In Disputed Adoptions: A Feminist Perspective, Meghan S. Skelton

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Toward Gender Equality: The Promise Of Paradoxes Of Gender To Promote Structural Change, Andrea Giampetro-Meyer Oct 1994

Toward Gender Equality: The Promise Of Paradoxes Of Gender To Promote Structural Change, Andrea Giampetro-Meyer

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.