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Articles 1 - 24 of 24
Full-Text Articles in Law
Engaging With The State About Domestic Violence: Continuing Dilemmas And Gender Equality, Elizabeth M. Schneider
Engaging With The State About Domestic Violence: Continuing Dilemmas And Gender Equality, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), M.V.H., Laura Spitz
Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), M.V.H., Laura Spitz
Faculty Scholarship
LEAF submits that the heterosexual definition of spouse ins. 29 of the Family Law Act R. S.O. 1990 c. F .3 completely denies lesbians who otherwise meet the tl:1reshoid criteria to apply for a support award. The effect of this denial violates lesbians' right to equal benefit and protection of the law contrary to s. 15(1) of the Charter, and cannot be justified under s.1 of the Charter.
The Liberal Future Of Relational Feminism: Robin West's Caring For Justice, Linda C. Mcclain
The Liberal Future Of Relational Feminism: Robin West's Caring For Justice, Linda C. Mcclain
Faculty Scholarship
Robin West is one of the most prolific1 and creative members of the legal academy. Her distinctive voice, as expressed in several books and numerous scholarly articles, informs and shapes debates within such diverse areas as constitutional theory (West 1990b; West 1994), feminist jurisprudence (West 1987; West 1988), and law and literature (West 1993). Indeed, some of her early articles concerning feminist jurisprudence (West 1987, West 1988) are now "classics" in a relatively new field of inquiry and appear in virtually every anthology or textbook in the field (Bartlett and Kennedy 1991, 201; Becker, Bowman, and Torrey 1994, 90; Fineman …
Markets And Women's International Human Rights, Elizabeth M. Schneider
Markets And Women's International Human Rights, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Do Wives Own Half? Winning For Wives After Wendt, Joan C. Williams
Do Wives Own Half? Winning For Wives After Wendt, Joan C. Williams
Faculty Scholarship
No abstract provided.
Is Law An Art Or A Science?: Comments On Objectivity, Feminism, And Power, Joan C. Williams
Is Law An Art Or A Science?: Comments On Objectivity, Feminism, And Power, Joan C. Williams
Faculty Scholarship
No abstract provided.
Tribute To Curt Berger, Joan C. Williams
Gender Bias, Cognition And Power In The Legal Academy, Elizabeth M. Schneider
Gender Bias, Cognition And Power In The Legal Academy, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Translating Legal Terms In Context, Antoinette M. Sedillo Lopez
Translating Legal Terms In Context, Antoinette M. Sedillo Lopez
Faculty Scholarship
This article reviews a number of Spanish/English legal dictionaries, evaluating the relative merits and features of each. Translating legal terms requires an understanding of both the legal context in which the term is used and the legal context in which the translation is intended. Thus, this review of legal dictionaries concentrates on evaluating the authors'/editors' understanding of how the terms are used in the two legal cultures, as well as in two different languages.
Introduction: Latcrit Theory: Mapping It's Intellectual And Political Foundations And Future Self-Critical Directions, Margaret E. Montoya
Introduction: Latcrit Theory: Mapping It's Intellectual And Political Foundations And Future Self-Critical Directions, Margaret E. Montoya
Faculty Scholarship
The third annual gathering of LatCrit scholars has resulted in this cluster of essays and articles that continue the work of defining the foundations and the future directions of this legal scholarship movement. As described in some of the articles within this cluster, LatCrit has had the benefit of learning valuable lessons from other slightly older schools of critical legal theory, most particularly from the Critical Race Theory ("CRT") Workshop. The LatCrit movement has been strengthened because scholars identified primarily with CRT working with and alongside scholars identified primarily with LatCrit have struggled to recognize, name and address the hetero-normativity …
Still Hostile After All These Years? Gender, Work & Family Revisited, Jana B. Singer
Still Hostile After All These Years? Gender, Work & Family Revisited, Jana B. Singer
Faculty Scholarship
No abstract provided.
Toward A Global Critical Feminist Vision: Domestic Work And The Nanny Tax Debate, Taunya Lovell Banks
Toward A Global Critical Feminist Vision: Domestic Work And The Nanny Tax Debate, Taunya Lovell Banks
Faculty Scholarship
No abstract provided.
Implementing Antiessentialism: How Gender Wars Turn Into Race And Class Conflict, Joan C. Williams
Implementing Antiessentialism: How Gender Wars Turn Into Race And Class Conflict, Joan C. Williams
Faculty Scholarship
No abstract provided.
Market Work And Family Work In The 21st Century, Joan C. Williams
Market Work And Family Work In The 21st Century, Joan C. Williams
Faculty Scholarship
No abstract provided.
A Congratulatory Note, David I. Levine
Miller V. Albright: Problems Of Constitutionalization In Family Law, Katharine B. Silbaugh
Miller V. Albright: Problems Of Constitutionalization In Family Law, Katharine B. Silbaugh
Faculty Scholarship
From time to time, the Supreme Court chooses to hear a case addressing a family law issue. The family law cases accepted by the Supreme Court almost always present a constitutional challenge because absent a constitutional question, state law governs family law. Because the Supreme Court controls its docket, it is free to select only those cases that, in the view of the Court, pose particularly challenging issues. On most occasions, the Court chooses only those family law cases that present other, unrelated issues of interest to the Court.
Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury
Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury
Faculty Scholarship
The Supreme Court increasingly has interpreted the Equal Protection Clause as a mandate for the state to treat citizens as if they were equal-as a limitation on the state's ability to draw distinctions on the basis of characteristics such as race and, to a lesser extent, gender. In the context of race, the Court has struck down not only race-specific policies designed to harm the historically oppressed, but race conscious policies designed to foster racial equality. Although in theory the Court has left open the possibility that benign uses of race may be constitutional under some set of facts, in …
Reviving The Public/Private Distinction In Feminist Theorizing Symposium On Unfinished Feminist Business, Tracy E. Higgins
Reviving The Public/Private Distinction In Feminist Theorizing Symposium On Unfinished Feminist Business, Tracy E. Higgins
Faculty Scholarship
The public/private distinction has been a target of thoroughgoing feminist critique for quite some time now. Indeed, attacking the public/private line has been one of the primary concerns (if not the primary concern) of feminist legal theorizing for over two decades. If Carole Pateman is correct, one would think that this particular problem might be assigned to the category of "finished business" by this time. In this Essay, I do argue that the critique is, in certain ways, finished business in that it is no longer particularly useful in its most common forms. More importantly, however, I suggest several ways …
Testimony, Antoinette M. Sedillo Lopez
A Comparative Analysis Of Women's Issues: Toward A Contextualized Approach, Antoinette M. Sedillo Lopez
A Comparative Analysis Of Women's Issues: Toward A Contextualized Approach, Antoinette M. Sedillo Lopez
Faculty Scholarship
"This Article proposes a methodology for comparative analysis of women's rights using insights from critical race theory and feminism. Comparative analysis by a Western scholar must reconcile a perspective developed in the United States with respect for another culture. In discussing women's rights, lawyers, judges, students and sociologists have justified certain women's situations as an inherent aspect of culture. For example, traditional "female genital surgery" has been defended as a "mere bodily mutilation" that is the "sine qua non of the whole teaching of tribal law, religion, and morality." In Mexico, "machismo" has been justified as an immutable characteristic of …
Not Him, Sister's Stories & Teresita (Poems), Antoinette M. Sedillo Lopez
Not Him, Sister's Stories & Teresita (Poems), Antoinette M. Sedillo Lopez
Faculty Scholarship
No abstract provided.
Emphasizing Torts In Claims Of Discrimination Against Black Female Athletes, Alfred Dennis Mathewson
Emphasizing Torts In Claims Of Discrimination Against Black Female Athletes, Alfred Dennis Mathewson
Faculty Scholarship
In Black Women, Gender Equity and the Function at the Junction, I argued that an equality-based legal regime does not provide an adequate remedy for African-American female athletes. Instead I suggested that a tort-based regime may be more appropriate. I did so knowing that gender and racial discrimination are torts and I did not intend to suggest otherwise. They are statutory torts founded upon equality principles. What I intended was to draw more upon the general tort principles involved in an antidiscrimination action. I specifically invoked the notion of using mass tort theories. I wish to sketch a brief but …
Measuring Gender Equity, Alfred Dennis Mathewson, Robert D. Rogers
Measuring Gender Equity, Alfred Dennis Mathewson, Robert D. Rogers
Faculty Scholarship
It is our intent to provide some insight into the development of compliance plans with an eye toward a university's athletic program policy. In Part I, we explore conventional attempts to measure relative demand and its use in litigated cases. In Part II, we describe the measurement instrument we used to conduct the empirical study. Our study is distinguished from conventional efforts in two respects.2 7 First, we did not seek to measure the number of athletes with interest and ability. Rather we sought to measure the relative amounts of athletic participation that would be consumed if a university satisfied …
The Political Economy Of Recognition: Affirmative Action Discourse And Constitutional Equality In Germany And The U.S.A., Kendall Thomas
The Political Economy Of Recognition: Affirmative Action Discourse And Constitutional Equality In Germany And The U.S.A., Kendall Thomas
Faculty Scholarship
This paper undertakes a comparative exploration of affirmative action discourse in German and American constitutional equality law. The first task for such a project is to acknowledge an important threshold dilemma. The difficulty in question derives not so much from dissimilarities between the technical legal structures of German and American affirmative action policy. The problem stems rather from the different social grounds and groupings on which those legal structures have been erected. Because German "positive action"' applies only to women, gender and its cultural meanings have constituted the paradigmatic subject of the policy. The legal discussion of positive action has …