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Full-Text Articles in Law

Women Law Journals In The New Millennium: How Far Have They Evolved? And Are They Still Necessary?, Katherine L. Vaughns Oct 2012

Women Law Journals In The New Millennium: How Far Have They Evolved? And Are They Still Necessary?, Katherine L. Vaughns

Katherine L. Vaughns

No abstract provided.


“Hands Off”: Sex, Feminism, Affirmative Consent, And The Law Of Foreplay, Dan Subotnik May 2012

“Hands Off”: Sex, Feminism, Affirmative Consent, And The Law Of Foreplay, Dan Subotnik

Dan Subotnik

No abstract provided.


Gender, Sexuality And Power: Is Feminist Theory Enough?, Dan Danielsen, Brenda Cossman, Janet Halley, Tracy Higgins May 2012

Gender, Sexuality And Power: Is Feminist Theory Enough?, Dan Danielsen, Brenda Cossman, Janet Halley, Tracy Higgins

Dan Danielsen

In this dialogue, four authors critically examine how to describe feminism and what it can and cannot do, particularly with regard to sexuality. The authors use the Texas Supreme Court case Twyman v. Twyman, involving divorce, sadomasochistic sex, and a claim of emotional distress, as a focal point to explore how feminism deals with gender, sexuality, and power, and whether it does so sufficiently. The roundtable discussion revolves around Janet Halley's radical suggestion that not only is feminism not enough, but that we should "Take a Break" from it in order to see the issues feminism does not address as …


Gender, Sexuality And Power: Is Feminist Theory Enough?, Dan Danielsen, Brenda Cossman, Janet Halley, Tracy Higgins May 2012

Gender, Sexuality And Power: Is Feminist Theory Enough?, Dan Danielsen, Brenda Cossman, Janet Halley, Tracy Higgins

Dan Danielsen

In this dialogue, four authors critically examine how to describe feminism and what it can and cannot do, particularly with regard to sexuality. The authors use the Texas Supreme Court case Twyman v. Twyman, involving divorce, sadomasochistic sex, and a claim of emotional distress, as a focal point to explore how feminism deals with gender, sexuality, and power, and whether it does so sufficiently. The roundtable discussion revolves around Janet Halley's radical suggestion that not only is feminism not enough, but that we should "Take a Break" from it in order to see the issues feminism does not address as …


The Rugged Feminism Of Sandra Day O'Connor, Judith Olans Brown, Wendy E. Parmet, Mary E. O'Connell Apr 2012

The Rugged Feminism Of Sandra Day O'Connor, Judith Olans Brown, Wendy E. Parmet, Mary E. O'Connell

Mary E. O'Connell

In this Article we explore Justice O'Connor's response to the woman question by looking at her opinions on matters traditionally perceived to be of interest to women or matters historically recognized as women's issues. This leads us to consider cases about women as physical and sexual beings and cases about women as nurturers and caretakers. In addition, we look at cases about individuals who, like women, have been traditionally perceived as dependent, vulnerable, and economically insecure. We do not claim that these are the only issues that matter to women. Clearly, the range of issues that matter to women is …


Exchange As A Cornerstone Of Families, Martha Ertman Feb 2012

Exchange As A Cornerstone Of Families, Martha Ertman

Martha M. Ertman

This essay up-ends critical theorist Ivan Illich’s critique of economic thinking as replacing households defined by vernacular gender with married pairs in “inhumane” sex-neutral economic partnerships. It challenges Illich’s view of exchange as a destroyer that has meddled in families for only a few hundred years, citing sociobiological literature to counter his case against exchange with one valorizing two exchanges that I call “primal deals” that played crucial roles in the evolution of humans, families, and day-to-day life. These primal deals—especially the primal pair-bonding deal between men and women—continue to play a central role in families and family law today. …


More Than One Lane Wide: Against Hierarchies Of Helping In Progressive Legal Advocacy, Rebecca Sharpless Dec 2011

More Than One Lane Wide: Against Hierarchies Of Helping In Progressive Legal Advocacy, Rebecca Sharpless

Rebecca Sharpless

Progressive legal scholars and practitioners have created a hierarchy within social justice lawyering. Direct service attorneys — nonprofit attorneys who focus on helping individuals in civil cases — sit at the bottom. In the 1960s, progressive theorists advanced a negative portrayal of direct service attorneys as a class. This discourse has continued through different phases in the development of progressive legal theory. Direct service work is done primarily by women in the service of women, has the aesthetic of traditional women’s work, and can be understood as embodying the thesis that women have a greater existential and psychological connection to …