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Articles 1 - 7 of 7
Full-Text Articles in Law
"The Right Of Privacy", Fernando Bustos
"The Right Of Privacy", Fernando Bustos
Brigham Young University Prelaw Review
The concept of a right of privacy is one that is currently the focal point of the argument for legalized abortion, and for women's rights in general. By examining the history of this issue, along with its influence upon the U.S. Constitution, and the decisions of the U.S. Supreme Court, we will be better enabled to understand the legal debate at hand.
'Atomistic Man' Revisited: Liberalism, Connection, And Feminist Jurisprudence, Linda C. Mcclain
'Atomistic Man' Revisited: Liberalism, Connection, And Feminist Jurisprudence, Linda C. Mcclain
Faculty Scholarship
One of the major strains of feminist jurisprudence has criticized American law, and the liberal jurisprudence and political philosophy on which it is said to be grounded, as male or masculine.' A central theme of the critique has been that the law embodies a masculine perspective in emphasizing autonomy and the individual over interdependency and the community. Liberalism has been viewed as inextricably masculine in its model of separate, atomistic, competing individuals establishing a legal system to pursue their own interests and to protect them from others' interference with their rights to do so. Hence, it is said that liberal, …
Patriarchy, Paternalism, And The Masks Of Fetal Protection., A. Kimberley Dayton
Patriarchy, Paternalism, And The Masks Of Fetal Protection., A. Kimberley Dayton
Faculty Scholarship
This essay is a response to John Kennedy's defense of Johnson Controls, Inc.'s fetal protection policy which was struck down last year in International Union, UAW v. Johnson Controls, Inc. A unanimous Supreme Court held in the case that the policy, which excluded women from a "fetotoxic" workplace, violated the federal employment discrimination laws. The Court's decision was issued only a day before Kennedy was scheduled to debate the issue of whether Title VII bars fetal protection policies with Professor Elinor Schroeder at the Kansas Journal's first symposium on March 21-22. 1991. The Court's decision rendered the technical statutory issues …
The Poverty Of Privacy?, Linda C. Mcclain
The Poverty Of Privacy?, Linda C. Mcclain
Faculty Scholarship
This Article has two aims. First, it defends a continuing role for the right of privacy in arguments -for women's reproductive freedom against charges that privacy is an impoverished concept. Second, it raises cautions about certain feminist critiques of privacy that would ground this freedom in notions of reproductive responsibilities. As this Article was first presented at a conference, "Reproductive Issues in a Post-Roe' World," held in the wake of Webster v. Reproductive Health Services,2 the first question is: Are we now, given the Supreme Court's recent decision in Planned Parenthood v. Casey,' in a "post-Roe world"? Furthermore, what remains …
Shared Interests: Promoting Healthy Births Without Sacrificing Women's Liberty, Dawn E. Johnsen
Shared Interests: Promoting Healthy Births Without Sacrificing Women's Liberty, Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
Sex Discrimination (Update 1), Christina B. Whitman
Sex Discrimination (Update 1), Christina B. Whitman
Book Chapters
During the 1980s and early 1990s intense disagreement has arisen over the appropriate strategy for eliminating sex discrimination. Some courts and commentators argue for gender-neutral rules that define categories in purely functional terms. Others, who point out that gender-neutral rules promise equality only for women who can meet a ‘‘male standard,’’ think that legal distinctions between the sexes are not only appropriate but necessary, at least in cases involving perceived biological differences. Still others refuse to think in terms of sameness and difference. They analyze each issue by asking whether the disputed rule furthers the domination of men and the …
Reconstructing Liberty, Robin West
Reconstructing Liberty, Robin West
Georgetown Law Faculty Publications and Other Works
It is commonly and rightly understood in this country that our constitutional system ensures, or seeks to ensure, that individuals are accorded the greatest degree of personal, political, social, and economic liberty possible, consistent with a like amount of liberty given to others, the duty and right of the community to establish the conditions for a moral and secure collective life, and the responsibility of the state to provide for the common defense of the community against outside aggression. Our distinctive cultural and constitutional commitment to individual liberty places very real restraints on what our elected representatives can do, even …