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Full-Text Articles in Law

This Bridge Called Our Backs: An Introduction To “The Future Of Critical Race Feminism”, Angela Onwuachi-Willig Mar 2006

This Bridge Called Our Backs: An Introduction To “The Future Of Critical Race Feminism”, Angela Onwuachi-Willig

Faculty Scholarship

On April 1, 2005, the U.C. Davis Law Review hosted in its annual symposium an extremely distinguished group of scholars, who addressed central theories of Critical Race Feminism (“CRF”) in a daylong series of inspiring, thought-provoking, cutting-edge, and captivating presentations. The panelists at the symposium — in front of a packed room of students, professors, and local residents — delved into issues as diverse as the unique role of immigrant women in community economic development, societal failure to deal with domestic violence from a multidimensional perspective, the proposal of a contractual good faith claim based on Professors Devon Carbado and …


The Trial Of Bigger Thomas: Race, Gender, And Trespass, Bennett Capers Jan 2006

The Trial Of Bigger Thomas: Race, Gender, And Trespass, Bennett Capers

Faculty Scholarship

No abstract provided.


Defending The Future Voices Of Critical Race Feminism, Margaret E. Montoya Jan 2006

Defending The Future Voices Of Critical Race Feminism, Margaret E. Montoya

Faculty Scholarship

No abstract provided.


Gender And Constitutional Design, Paula A. Monopoli Jan 2006

Gender And Constitutional Design, Paula A. Monopoli

Faculty Scholarship

Does the allocation of power between the legislative and executive branches, and the way we define the scope of the executive affect whether women ascend to executive office? In this article, Professor Monopoli argues that the constitutional process of boundary-drawing between the legislative and executive branches of government has implications for how successful women will be in ascending to executive positions. She posits that the Hamiltonian vision of an expansive executive with plenary power is the model least likely to result in women’s ascending to executive office. The essay traces the philosophical heritage of Hamilton’s vision and outlines the empirical …


Lessons Unlearned: Women Offenders, The Ethics Of Care, And The Promise Of Restorative Justice, Marie Failinger Jan 2006

Lessons Unlearned: Women Offenders, The Ethics Of Care, And The Promise Of Restorative Justice, Marie Failinger

Faculty Scholarship

The steep rise in female offenders since the 1960s has finally caused criminologists, lawyers, judges, and others to consider why they have not learned more about women offenders’ lives, in order to better understand and explain why they enter, and how they proceed through the criminal system. This article focuses on the reality that women’s relationality, and particularly their relationships with men in their lives, profoundly affect the behavior that lands them in the criminal justice system. This article argues that restorative justice, which is essentially grounded on an ethical understanding of crime and treats the offender as an interacting …


The Architecture Of Inclusion: Advancing Workplace Equity In Higher Education, Susan Sturm Jan 2006

The Architecture Of Inclusion: Advancing Workplace Equity In Higher Education, Susan Sturm

Faculty Scholarship

The path to workplace'equality has become a difficult one to navigate. No one can safely rely upon the strategies developed in the 1960s and 1970s to integrate workplaces. Employers face legal and political challenges both for failing to diversify their workplaces and for diversity efforts to overcome that failure. Civil rights and women's rights advocates battle to hold on to the litigation victories of the past, even as they acknowledge judicial remedies' shrinking availability and limited efficacy in addressing many aspects of current-day equality. Anti-discrimination regulators contend with inadequate resources to carry out their traditional enforcement activities, as well as …


Welcome And Opening Remarks Work/Life Conflict In The Legal Profession, Jamie Amir, Sarah Lechner, Stuart L. Deutsch, Tanya Kateri Hernandez Jan 2006

Welcome And Opening Remarks Work/Life Conflict In The Legal Profession, Jamie Amir, Sarah Lechner, Stuart L. Deutsch, Tanya Kateri Hernandez

Faculty Scholarship

At a symposium sponsored by the Women’s Rights Law Reporter, Professor Tanya Hernandez introduces the keynote speaker, Professor Joan Williams, a law professor at the American Law School, Washington College of Law in Washington,D.C. where she teaches Property, Women's Legal History, Feminist Jurist Prudence, and a Jurist Prudence seminar. The topic of the symposium is Work/Life Conflict in the Legal Profession.


A Conversation Among Deans, Katharine T. Bartlett, Edward Rubin, W. H. Knight Jan 2006

A Conversation Among Deans, Katharine T. Bartlett, Edward Rubin, W. H. Knight

Faculty Scholarship

On March 10, 2006, the Harvard Journal of Law & Gender, Harvard Civil Rights-Civil Liberties Law Review, and Harvard Law Review co-sponsored a conference, "Results: Legal Education, Institutional Change, and a Decade of Gender Studies," to address the number of student experience studies that detail women's lower performance in and dissatisfaction with law school. Rather than advocate for a particular set of responses to the different experiences of men and women in legal education , this conference sought to foster a discussion about the institutional challenges these patterns highlight. As a means of accomplishing this end, law school deans from …


Latcrit At Ten Years, Margaret E. Montoya Jan 2006

Latcrit At Ten Years, Margaret E. Montoya

Faculty Scholarship

No abstract provided.


Mad Women And Desperate Girls: Infanticide And Child Murder In Law And Myth, Elizabeth Rapaport Jan 2006

Mad Women And Desperate Girls: Infanticide And Child Murder In Law And Myth, Elizabeth Rapaport

Faculty Scholarship

This article first offers a comparison between the stereotype dominated understanding of infanticide and child homicide in the United States and the statistical landscape it obscures. It then turns to the history of the crime of infanticide, a history which confirms that a fascination with deviant women as long dominated the story of infanticide. The article concludes with the exploration of the "Good Mother Defense." That exploration reveals the extent to which the fate of a woman tried for child homicide hinges on whether the jury sees her as a good mother, rather than on the prosecutors' ability to prove …


Denial, Antoinette M. Sedillo Lopez Jan 2006

Denial, Antoinette M. Sedillo Lopez

Faculty Scholarship

No abstract provided.


Aals As Creative Problem Solver: Implementing Bylaw 6-4(A) To Prohibit Discrimination On The Basis Of Sexual Orientation In Legal Education, Barbara Cox Jan 2006

Aals As Creative Problem Solver: Implementing Bylaw 6-4(A) To Prohibit Discrimination On The Basis Of Sexual Orientation In Legal Education, Barbara Cox

Faculty Scholarship

I wrote this article because it is important for the legal education community to understand the important leadership that the AALS has provided in lessening the discrimination that sexual minorities encounter in legal education, and to know of the challenges and problems it encountered in making Bylaw 6-4(a) into more than a membership requirement in name only.


Foreign And International Law In Constitutional Gay Rights Litigation: What Claims, What Use And Whose Law?, William D. Araiza Jan 2006

Foreign And International Law In Constitutional Gay Rights Litigation: What Claims, What Use And Whose Law?, William D. Araiza

Faculty Scholarship

No abstract provided.


On Justitia, Race, Gender, And Blindness, Bennett Capers Jan 2006

On Justitia, Race, Gender, And Blindness, Bennett Capers

Faculty Scholarship

No abstract provided.


Sexual Punishments, Alice Ristroph Jan 2006

Sexual Punishments, Alice Ristroph

Faculty Scholarship

No abstract provided.


Gendered Subjects Of Transitional Justice, Katherine M. Franke Jan 2006

Gendered Subjects Of Transitional Justice, Katherine M. Franke

Faculty Scholarship

Transitional societies must contend with a range of complex challenges as they seek to come to terms with and move beyond an immediate past saturated with mass murder, rape, torture, exploitation, disappearance, displacement, starvation, and all other manner of human suffering. Questions of justice figure prominently in these transitional moments, and they do so in a dual fashion that is at once backward and forward looking. Successor governments must think creatively about building institutions that bring justice to the past, while at the same time demonstrate a commitment that justice will form a bedrock of governance in the present and …


Beyond Lawrence: Metaprivacy And Punishment, Jamal Greene Jan 2006

Beyond Lawrence: Metaprivacy And Punishment, Jamal Greene

Faculty Scholarship

Lawrence v. Texas remains, after three years of precedential life, an opinion in search of a principle. It is both libertarian – Randy Barnett has called it the constitutionalization of John Stuart Mill's On Liberty – and communitarian – William Eskridge has described it as the gay rights movement's Brown v. Board of Education. It is simultaneously broad, in its evocation of our deepest spiritual commitments, and narrow, in its self-conscious attempts to avoid condemning laws against same-sex marriage, prostitution, and bestiality. This Article reconciles these competing claims on Lawrence's jurisprudential legacy. In Part I, it defends the …