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Articles 1 - 9 of 9

Full-Text Articles in Law

The Jurisprudence Of Jane Eyre, Anita L. Allen Jan 1992

The Jurisprudence Of Jane Eyre, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


No Harm, No Foul: Pornography (Violent And Otherwise), Victoria M. Mather Jan 1992

No Harm, No Foul: Pornography (Violent And Otherwise), Victoria M. Mather

Faculty Articles

At the heart of the entire pornography debate is the lack of understanding or agreement of what is regulated. Society does not agree about what pornography means, what is hardcore or softcore, what is obscene, or what is "adult." The disagreement tends to derive from two very different viewpoints—the liberal view, and the feminist view. On the liberal side of the debate, pornography should be protected speech but on the feminist side, society should take into account the feminist perspective and the harmful effects of these graphic depictions.

Applying the Miller-Roth test, liberals believe that pornography is protected speech ...


A Scary Tale: Battered Women Who Kill Their Abusers, Victoria M. Mather Jan 1992

A Scary Tale: Battered Women Who Kill Their Abusers, Victoria M. Mather

Faculty Articles

In recent years there has been a lot of attention focused on the specific issue of the battered women, and the battered women who eventually fight violence with violence. This is with good reason, since it is a widespread and serious problem for modern society. The authors whose works are discussed here struggle with notions of male dominance, experiment with legal tests, and manipulate the instruments of law enforcement in an attempt to figure out exactly what to do with, and for, these people in abusive relationships. However, as the authors themselves indicate, the problem is much deeper in modern ...


Review Essay: Feminism, Lawyering, And Death Row, Joan W. Howarth Jan 1992

Review Essay: Feminism, Lawyering, And Death Row, Joan W. Howarth

Scholarly Works

Representing men on death row is confounding, but not without reward. This lawyering work has taught me at least two lessons, the subjects of this essay. First, capital punishment--our attempt to use legal procedures to kill people fairly--is a feminist issue, or should be. Second, death row representation is too big a job for lawyers; we need to recruit poets. To develop these ideas, and perhaps to convince you without requiring you to undertake the same path to these conclusions, I am appropriating novelist Beverly Lowry's stunning new book, Crossed Over: A Murder, A Memoir. Crossed Over is the ...


Feminism Awry: Excesses In The Pursuit Of Rights And Trifles, Kenneth Lasson Jan 1992

Feminism Awry: Excesses In The Pursuit Of Rights And Trifles, Kenneth Lasson

All Faculty Scholarship

Perhaps it is best to begin with the positive. From virtually any perspective, liberal and conservative feminists in the twentieth century have improved the quality of life for many women in a number of noteworthy ways. They have helped win the right to vote, to own property, to make contracts, to serve on juries, to use contraceptives.

They have succeeded in asserting the need for enhanced economic opportunities: equal pay for equal work, maternity leave, flex-time for mothers. They have made significant advancements against both domestic battery and sexual harassment in the workplace. As a consequence of all these efforts ...


Rape And Responsibility, Lynne Henderson Jan 1992

Rape And Responsibility, Lynne Henderson

Articles by Maurer Faculty

I am a "lucky" survivor of a rape committed by a stranger - "lucky", because people believed me, a jury convicted the man of raping me, and he is still in prison ten years later. I know many women who have been raped who were not so fortunate, because they believed the rape was their fault, because no one else believed them, because they knew their rapist, or because they were married to him and it wasn't a crime. We share some things - the anger, the pain, the anguish, the fear - and not others; nevertheless, this is what I wished ...


Race, Gender, And Sexual Harassment, Kimberlé W. Crenshaw Jan 1992

Race, Gender, And Sexual Harassment, Kimberlé W. Crenshaw

Faculty Scholarship

I would like to thank Anita Hill and express my deep respect to her for having the courage to shatter the silence on sexual harassment. I am certain that I speak for millions of women in saying that I have been inspired and renewed by her strength and integrity.

I have looked forward to addressing you tonight on a critical issue at this very important juncture in our political history. Sexual harassment has captured our attention over the last several weeks and has of course galvanized women in a way that scarcely could have been imagined only a few short ...


The Reasonable Women And The Ordinary Man, Carol Sanger Jan 1992

The Reasonable Women And The Ordinary Man, Carol Sanger

Faculty Scholarship

Nineteen ninety-one was a seismic year for sexual harassment. The first localized shift occurred in January, when the Ninth Circuit established that the standard by which sexual harassment in the workplace would be judged was no longer the reasonable man or even the reasonable person but rather the reasonable woman. In October a larger audience felt a much stronger jolt when Anita Hill spoke before the Senate Judiciary Committee.

Hill testified that Supreme Court nominee Clarence Thomas had sexually harassed her while she worked for him at the Department of Education and at the Equal Employment Opportunity Commission. Her testimony ...


The Reasonable Woman And The Ordinary Man, Carol Sanger Jan 1992

The Reasonable Woman And The Ordinary Man, Carol Sanger

Faculty Scholarship

... Objections to the reasonable woman standard [for sexual harassment] combine doctrinal concerns with practical ones. The doctrinal question is something like, Whatever happened to gender neutrality? How are men supposed to know what conduct strikes their victims as intimidating, hostile, or offensive? After all, women are so sensitive – take Anita Hill. Why, as men often ask, can't women be more reasonable? ...

The answer is that at least in determining what behavior is sexually harassing, women are not like men. As many feminists have explained, women commonly experience as fearful what men find fun. ...