Law Commons^™

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

Margaret F Brinig

No abstract provided.

The Legacy Of Jane Larson: The Politics Of Practicality And Surprise, Martha Ertman

Martha M. Ertman

Jane Larson's work and life enriched my own and others. Her intellectual framework - applying legal economic ideas of consent to feminist theory, backed up by legal history - suggest surprising practical solutions to problems ranging from the injuries of adultery and prostitution to housing in border towns.

Addressing Early Marriage: Culturally Competent Practices And Romanian Roma (“Gypsy”) Communities, Judith Hale Reed

Judith A Hale Reed

Early marriage affects many communities around the world. Examples of commonly practiced early marriage can be found today in the U.S., India, Syria, and many other places. Although most countries have instituted minimum age laws for marriage, so that legal marriage can only occur after an age set by law, early marriage is still practiced for tradition, control, security, and other reasons. This article explores the harms of early marriage and the international instruments meant to defend against these harms in Part II. Part III reviews theoretical perspectives from legal anthropology and presents a case study of early marriage in …

Feminism And The Nation-State In Japan, Vera C. Mackie

Vera Mackie

The first Japanese edition of the book appeared at the height of debates about the interpretation of the Asia-Pacific War, debates which were also linked to conflicts about how the past should be represented in school textbooks.2 Much of this controversy revolved around the issue of enforced military prostitution/military sexual slavery.3 In 1991 Kim Hak-Sun (1924–1997) was one of the few women to come out in public in her own name to narrate her experiences in the enforced military prostitution system and demand an apology and compensation from the Japanese government. She was soon joined by survivors from Korea and …

Book Review: Legal Tenderness, Martha M. Ertman

Martha M. Ertman

No abstract provided.

Intimate Liability: Emotional Harm, Family Law, And Stereotyped Narratives Of Interspousal Torts, Fernanda Nicola

Fernanda G. Nicola

Tort liability expanded in the twentieth century, a shift scholars generally attribute to the reorganization of tort law around the fault principle. In privileging compensation and deterrence, this reconfiguration ended various restrictions on liability, long viewed as arbitrary, including limits to the recovery for emotional harm and interspousal immunities. Tort and family law scholars alike portray the end of such immunities as a milestone for gender equality. Their elimination enables spouses and partners to secure compensation for emotional and physical abuse arising in intimate relationships. Yet, tort law is not operating in this way. On the contrary, by endorsing a …

Sex Is Less Offensive Than Violence: A Call To Update Obscenity Jurisprudence, Rachel Simon

Rachel Simon

This article addresses the gender bias presented by the disparate treatment of sex and violence under current obscenity jurisprudence. Under the controlling standard set forth by the Supreme Court in Miller v. California, sexual works may readily be regulated as obscenity, while violent works unequivocally may not. This article posits that this disparate treatment is the product of entrenched stereotypes about the way men and women “should” react to sex and violence, and notes the hypocrisy of failing to apply the same reasoning to assessments of violent versus sexual material.

First, reliance on “community standards” to define what material …

Sex Wars Redux: Agency And Coercion In Feminist Legal Theory, Kathryn Abrams

Kathryn Abrams

No abstract provided.

Sex Wars Redux: Agency And Coercion In Feminist Legal Theory, Kathryn Abrams

Kathryn Abrams

No abstract provided.

Pregnant Pause: The Interplay Of Gendered Expectations And Pregnancy In Legal Education, Ilya Iussa

Ilya Iussa

PREGNANT PAUSE: THE INTERPLAY OF GENDERED EXPECTATIONS AND PREGNANCY IN LEGAL EDUCATION

Abstract

Is the law student biased against pregnant women? No systematic empirical study exists that can confirm whether law or university students in fact evidence bias towards visibly pregnant professors. This article, thus, reviews scholarship in the social sciences that identifies the occurrence, pervasiveness, cause and effects of student bias towards professors that do not exemplify the “normal professor body.”

This article reflects upon my interactions with law students as their professor during the course of my recent pregnancy and posits that certain perceptions held by my students …

“Rugged Vaginas” And “Vulnerable Rectums”: The Sexual Identity, Epidemiology, And Law Of The Global Hiv Epidemic, Aziza Ahmed

Aziza Ahmed

AIDS remains amongst the leading causes of death globally. Identity is the primary mode of understanding HIV and organizing in response to the HIV epidemic. In this Article, I examine how epidemiology and human rights activism co-produce ideas of identity and risk. I call this the “identity/risk narrative”: the commonsense understanding about an identity group’s HIV risk. For example, epidemiology offers the biological narrative of risk: anal sex and the weak rectal lining make men who have sex with men more vulnerable to HIV;while the fragility of a woman’s vaginal wall provides a biological foundation for women’s vulnerability. These biological …

Spirit Injury And Feminism: Expanding The Discussion, Nick J. Sciullo

Nick J. Sciullo

To discuss spirit injury, it is at first necessary to articulate a space in the theoretical diaspora to conceptualize spirit injury as a concept deeply tied to the historical tradition of several theoretical frameworks. “Spirit injury” is a phrase popularized by critical race feminist Adrien Katherine Wing. It is a term utilized in critical race feminism (CRF) that brings together insights from critical legal studies (CLS) and critical race theory (CRT). Wing’s training is as a lawyer and legal scholar, not as a communication scholar, yet her work may help communication scholars more keenly theorize harm and violence. Her scholarship …