Law Commons^™

Dissolving The Sameness/Difference Debate: A Post-Modern Path Beyond Essentialism In Feminist And Critical Race Theory, Joan C. Williams

Faculty Scholarship

No abstract provided.

Note, Sex(Ual Orientation) And Title Vii, I. Bennett Capers

Faculty Scholarship

No abstract provided.

Feminist Jurisprudence: Why Law Must Consider Women's Perspectives, Ann Juergens

Faculty Scholarship

A growing number of scholars are asking how the law would be different if it took women's points of view and experiences into account. Feminist Jurisprudence argues that we must look at the norms embedded in our legal system and rethink the law. It is about being inclusive of women, and of all people who differ from the norms of the law as it is today. The endeavor will necessarily shake up established relations between family, the workplace and the state. Lawyers, judges, and legislators should get ready for the changes.

Gender Wars: Selfless Women In The Republic Of Choice, Joan C. Williams

Faculty Scholarship

No abstract provided.

Criminal Abortion Revisited, Samuel W. Buell

Faculty Scholarship

This note focuses on the issue of the state's application of the criminal law as a sanction against women who choose to have abortions. History reveals that pre-Roe criminal-abortion law-both by its terms and in its application-expressed an incoherent attitude toward the culpability of these women. While criminal-abortion laws treated the abortionist as a serious felon, sending him to prison for up to twenty years,' the same statutes either did not cover the woman seeking an abortion, or, if the statutes did deem her a criminal, prosecutors and courts refused or neglected to hold her liable criminally. The law instead …

Parental Leaves And Poor Women: Paying The Price For Time Off, Maria O'Brien

Faculty Scholarship

This Article presents a critique of unpaid "parental" leaves and the parental leave legislation recently passed by Congress.1 Eight states have already enacted parental leave statutes of various kinds.' For the sake of simplicity and uniformity, however, this Article focuses on the proposed federal legislation3 and its anticipated effects on unemployed and underemployed women.4 Specifically, this Article argues that the debate about parental leave 5 has ignored the possibility that the cost of this mandated benefit is likely to be borne by poor, low-skill working women6 who will find that their job opportunities narrow as employers try to shift some …

Gender, Legal Education And Legal Careers, Antoinette M. Sedillo Lopez, Lee Teitelbaum, Jeffrey Jenkins

Faculty Scholarship

Much of the literature on the careers of women generally-as well as the smaller literature on the experiences of women in legal education and legal practice-supposes that women will follow different paths and have different experiences than men, and that this is and will be true because they are women. Some commentators on the relation between gender and the experience of legal professionals believe that women have distinctive modes of cognition or value orientations that shape their experience in the workplace, while others believe that social and cultural assumptions (held not only by employers but often by women themselves) are …

The Death Penalty And Gender Discrimination, Elizabeth Rapaport

Faculty Scholarship

Despite the paucity of research on the death penalty and gender discrimination, it is widely supposed that women murderers are chivalrously spared the death sentence. This supposition is fueled by the relatively small number of women who are condemned. This article argues that women are represented on contemporary U.S. death rows in numbers commensurate with the infrequency of female commission of those crimes which our society labels sufficiently reprehensible to merit capital punishment. Additionally, preliminary investigation suggests that death-sentenced women are more likely than death-sentenced men to have killed intimates, although the explanation for this disparity is not yet at …

Feminist Jurisprudence - The 1990 Myra Bradwell Day Panel, Elizabeth M. Schneider, Lucinda Finley, Carin Clauss, Joan Bertin

Faculty Scholarship

No abstract provided.

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 …