Law Commons^™

Business Lawyer, Woman Warrior: An Allegory Of Feminine And Masculine Theories, Barbara Ann White

All Faculty Scholarship

The first part of this essay is a discourse on how two of the last half century’s most influential contributions to legal thinking: Law and Economics Jurisprudence and Feminist Legal Theory, whose adherents are normally adversaries, can function synergistically to create a greater analytic power. Using business law issues as an example - historically law and economics’ terrain but recently explored by feminism - I comment on how each can unravel different knots but each standing alone leave other conundrums unresolved.

Expanding on the feminist concept of “masculine thinking,” I discuss how, just as law and economics’ analytic style (i.e., …

Still Not Behaving Like Gentlemen, Ann Bartow

Ann Bartow

The author reflects upon the genesis of a law school project with Lani Guinier that ultimately resulted in the publication of a law review article entitled Becoming Gentlemen: Women's Experiences at One Ivy League Law School, and later a book, Becoming Gentlemen: Women, Law School, and Institutional Change. I discuss an apparent dearth of positive, substantive changes in legal education over the past eleven years, noting that women apparently continue to receive lower grades and fewer honors related to grades in top law schools. I also consider reactions to Becoming Gentlemen, and observe that to the extent it got everyone's …

Remembering Chrystal Macmillan: Women's Equality And Nationality In International Law, Karen Knop, Christine Chinkin

Michigan Journal of International Law

This article both continues and returns to the story of Chrystal Macmillan and the International Law Association. Some seventy-five years later, gender discrimination still exists in nationality law. For an American audience, Thailand's offer of nationality to U.S. golfer Tiger Woods, whose mother is Thai, highlighted the inequality of Thailand's laws on nationality. Although Thai women, as well as Thai men, can now pass their nationality to their children, the law continues to discriminate against women in other matters of nationality. Whereas the foreign wives of Thai men are specially entitled to apply for Thai nationality, the foreign husbands of …

Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Years Later: Reflections On The State Of Feminism Today·, Regina Austin, Elizabeth M. Schneider

All Faculty Scholarship

No abstract provided.

United Nations Convention Documents In Light Of Feminist Theory, R. Christopher Preston, Ronald Z. Ahrens

Michigan Journal of Gender & Law

This article proposes that language identifying human rights of women in U.N. Conference documents has its origin in several different feminist theories. An understanding of these theories can help to clarify meaning, resolve inconsistencies, and predict the future direction of language in U.N. documents. Part I examines three prominent feminist theories and their relation to international law. Part II examines the history of women's rights in U.N. documents and examines the influence of feminist theory on the document language. Using the Women and the Economy section of the Fourth World Conference on Women, Platform for Action (Platform for Action), Part …

Baby Spice: Lost Between Feminine And Feminist , Cheryl B. Preston

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Taking Globalization Seriously: Towards General Jurisprudence (Book Review Of Globalization And Legal Theory By William Twining), Doron M. Kalir

Law Faculty Articles and Essays

Part II provides an account of the jurisprudence of Globalization and Legal Theory. Due to the novelty of many of the issues discussed in the book, as well as their importance to the understanding of Twining's recommendations, I have provided a longer than usual account of several chapters. Part II touches upon one of the central jurisprudential dichotomies introduced by Twining—the distinction between general and particular jurisprudence. Twining compares different accounts of the distinction using pairs of canonical jurists. In particular, he compares H.L.A Hart's Postscript with Dworkin's Law's Empire. In this part, I juxtapose Twining's record of this …

Exploring Feminism Globally To Achieve Global Feminism, Anna M. Han

Faculty Publications

Edited Speech delivered on October 6, 2000 at the University of San Diego Journal of Contemporary Legal Issues Conference on Intersectionality and Critical Race Feminism.

In writing this article, I kept thinking of the various stories that I heard during the workshops in Beijing and again I was struck by the commonality of the underlying issues facing women from around the world. While there may be dramatic political, cultural, linguistic and economic differences, I posit that there were more similarities than there were differences.

The Word And The Law, By Milner S. Ball (Book Review), Emily A. Hartigan

Faculty Articles

Milner Ball’s The Word and the Law has become a widely quoted work, and has already taken its place in the continuing tale of law and religion. The text presents itself in typical Ball fashion: richly and eloquently written, densely noted with weighty references, alive with stories and the voices of those with whom Ball has conversed.

A striking innovation in this book is Ball’s creation of a space in his text for the stories of those who are both his peers and not his peers, giving over the “pulpit” to women, edgy Jews, and Native Americans, all of whom …

The Wanted Gaze: Accountability For Interpersonal Conduct At Work, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Feminism And Child Custody Under Chapter Two Of The American Law Institute's Principles Of The Law Of Family Dissolution, Margaret F. Brinig

Journal Articles

The Chief Reporter of the American Law Institute's Principles of the Law of Family Dissolution wrote in his introduction; "Children are necessarily at the heart of any set of principles of family law." My favorite chapter of the Principles is Chapter Two, entitled "Principles Governing the Allocation of Custodial and Decisionmaking Responsibilities for Children." As of this writing, Chapter Two holds the distinction of being the only portion to have been adopted by a state legislature. While other Chapters had Reporters who were women, Chapter Two not only had a feminist Reporter, but the "allocation principle" that forms the substantive …