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Articles 481 - 510 of 513
Full-Text Articles in Law and Gender
The Jewish Lawyer, Jerome Hornblass
Moral Reasoning And The Quest For Legitimacy, Michael D. Daneker
Moral Reasoning And The Quest For Legitimacy, Michael D. Daneker
American University Law Review
No abstract provided.
Bias In The Washington Courts: A Call For Reform, Melisa D. Evangelos
Bias In The Washington Courts: A Call For Reform, Melisa D. Evangelos
Seattle University Law Review
Because of the documented threat that racial and gender bias pose to the effective administration of justice in Washington, this Comment advocates amending the Washington Rules of Professional Conduct to explicitly make intentional gender and racial bias an act of attorney misconduct and to discipline any attorney who engages in such behavior. Section I of this Comment identifies and describes instances of attorney behavior that result in gender and racial bias and explains the impact of such bias on attorneys, clients, and the judicial system. Section II explores similar anti-bias rules proposed or in place in other states. Section III …
Building Bridges Between Theory And Practice, Activism And Scholarship, Elizabeth M. Schneider
Building Bridges Between Theory And Practice, Activism And Scholarship, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Legitimating The Illegitimate: A Comment On 'Beyond Rape', Robin West
Legitimating The Illegitimate: A Comment On 'Beyond Rape', Robin West
Georgetown Law Faculty Publications and Other Works
Professor Dripps's provocative proposal, as I understand it, is that we think of sex as a commodity and rape as the theft of that commodity. Understood as such, the theft of sex accomplished through violence or the threat of violence is a twofold wrong: it violates our "negative" right to refuse to have sex with anyone for any or no reason, and violence or the threat of violence infringes our right to personal, physical security. Therefore, the violent expropriation of sex should be punished as a major felony, as is violent rape, at least in theory.
Furthermore, according to Dripps, …
Decriminalizing Prostitution: Liberalization Or Dehumanization?, Jeanne Schroeder
Decriminalizing Prostitution: Liberalization Or Dehumanization?, Jeanne Schroeder
Cardozo Journal of Equal Rights & Social Justice
The article explores the contentious debate over the decriminalization of prostitution, examining whether it represents liberalization or dehumanization. It highlights the complexities of the issue, emphasizing that decriminalization is not a straightforward solution but rather a deeply contested and multifaceted question. The discussion underscores the need to consider the ethical, legal, and societal implications of prostitution, particularly its impact on women, who are disproportionately affected by both the practice and its criminalization.
The Breadth Of Context And The Depth Of Myth: Completing The Feminist Paradigm, Emily Calhoun
The Breadth Of Context And The Depth Of Myth: Completing The Feminist Paradigm, Emily Calhoun
Publications
No abstract provided.
Girls Should Bring Lawsuits Everywhere . . . Nothing Will Be Corrupted: Pornography As Speech And Product, Marianne Wesson
Girls Should Bring Lawsuits Everywhere . . . Nothing Will Be Corrupted: Pornography As Speech And Product, Marianne Wesson
Publications
No abstract provided.
Feminist Jurisprudence In A Conventional Context: Is There Room For Feminism In Dworkin's Theory Of Interpretive Concepts?, Lynne Hanson
Feminist Jurisprudence In A Conventional Context: Is There Room For Feminism In Dworkin's Theory Of Interpretive Concepts?, Lynne Hanson
Osgoode Hall Law Journal
This paper examines Dworkin's interpretive theory of law from a feminist perspective, and asks whether his attempts to accommodate competing political opinions within an interpretive community can successfully encompass feminist concerns as well. It is argued that Dworkin repeatedly underestimates the extent of disagreement regarding the practice of law as a whole, while his requirements of fit, coherence and integrity impose a political agenda on the interpreter. As a consequence, Dworkin's theory is ultimately unable to adequately respond to a feminist critique of law, so that feminist jurisprudence must be seen as falling outside the scope of his interpretive community.
Legislative Inputs And Gender-Based Discrimination In The Burger Court, Earl M. Maltz
Legislative Inputs And Gender-Based Discrimination In The Burger Court, Earl M. Maltz
Michigan Law Review
In An Interpretive History of Modem Equal Protection, Michael Klarman poses a powerful challenge to the conventional wisdom regarding the structure of Burger Court jurisprudence. Most commentators have concluded that during the Burger era the Court lacked a coherent vision of constitutional law, and was given to a "rootless" activism or a "pragmatic" approach to constitutional analysis. Klarman argues that, at least in the area of equal protection analysis, the Burger Court's approach did reflect a unifying theme, which he describes as a focus on "legislative inputs." According to Klarman, this approach "directs judicial review towards purging legislative decision-making of …
Autopoiesis In America, Stephen Diamond
A Meditation On The Theoretics Of Practice, Robert Dinerstein
A Meditation On The Theoretics Of Practice, Robert Dinerstein
Scholarly Articles in Law Reviews & Journals
No abstract provided.
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 …
Voluntary Affirmative Action In Employment For Women And Minorities Under Title Vii Of The Civil Rights Act: Extending Possibilities For Employers To Engage In Preferential Treatment To Achieve Equal Employment Opportunity, 24 J. Marshall L. Rev. 731 (1991), Chris Engels
UIC Law Review
No abstract provided.
Feminist Jurisprudence, Christina B. Whitman
Feminist Jurisprudence, Christina B. Whitman
Book Chapters
In the 1970s feminist legal theory furthered feminist legal practice. Feminist lawyers saw themselves as advocates of ''women's rights," interested in winning legal victories in particular cases. Because their attention was focused on reform through legislation or litigation, the theory they developed was deliberately, if uncritically, grounded in what would be persuasive to those who held power in government institutions. They built directly upon the precedent made in race cases, precedent which assumed that the appropriate goal for social change was equality and defined equality as the similar treatment of similarly situated individuals. The key to the early legal victories …
Feminist Jurisprudence: The 1990 Myra Bradwell Day Panel, Elizabeth M. Schneider, Lucinda M. Finley, Carin Clauss, Joan Bertin
Feminist Jurisprudence: The 1990 Myra Bradwell Day Panel, Elizabeth M. Schneider, Lucinda M. Finley, Carin Clauss, Joan Bertin
Journal Articles
No abstract provided.
Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson
Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson
Publications
The legal branch of the women's movement, although of one mind on some subjects, is divided on the proper approach to pornography. Some feminists oppose the imposition of any legal burdens on pornography because they fear that feminist speech will be caught in the general suppression, and others believe that any such burdens must violate the first amendment. Professor Wesson suggests that pornography should be defined to include only those materials that equate sexual pleasure with the infliction of violence or pain, and imply approval of conduct that generates the actor's arousal or satisfaction through this infliction. So defined, pornography …
Practical Polyphony: Theories Of The State And Feminist Jurisprudence, Carol Weisbrod
Practical Polyphony: Theories Of The State And Feminist Jurisprudence, Carol Weisbrod
Faculty Articles and Papers
No abstract provided.
History's Challenge To Feminism, Jeanne L. Schroeder
History's Challenge To Feminism, Jeanne L. Schroeder
Michigan Law Review
A Review of Law, Sex, and Christian Society in Medieval Europe by James A. Brundage
Nomos And Thanatos (Part B). Feminism As Jurisgenerative Transformation, Or Resistance Through Partial Incorporation?, Richard F. Devlin
Nomos And Thanatos (Part B). Feminism As Jurisgenerative Transformation, Or Resistance Through Partial Incorporation?, Richard F. Devlin
Dalhousie Law Journal
In Part A of this essay, "The Killing Fields", I developed a critique of the disciplinary impulses that underlie modern law and legal theory. Invoking a number of perspectives and a plurality of analyses, I proposed that male-stream legal theory and contemporary law both assume as inevitable, and legitimize as appropriate, the funnelling of violence through law. The problem with a funnel, however, is that it does not curtail or reduce that which is channelled through it. On the contrary, to funnel is to condense and to intensify. Viewed from this perspective, interpreted from the bottom up, law and legal …
New York V. Sullivan: Shhh .... Don't Say The A Word - Another Outcome-Oriented Abortion Decision, 23 J. Marshall L. Rev. 753 (1990), Christopher C. Kendall
New York V. Sullivan: Shhh .... Don't Say The A Word - Another Outcome-Oriented Abortion Decision, 23 J. Marshall L. Rev. 753 (1990), Christopher C. Kendall
UIC Law Review
No abstract provided.
Whose Nature? Practical Reason And Patriarchy, Lynne Henderson
Whose Nature? Practical Reason And Patriarchy, Lynne Henderson
Scholarly Works
No abstract provided.
Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West
Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West
Georgetown Law Faculty Publications and Other Works
During the 1980s a handful of state judges either held or opined in dicta what must be incontrovertible to the feminist community, as well as to most progressive legal advocates and academics: the so-called marital rape exemption, whether statutory or common law in origin, constitutes a denial of a married woman's constitutional right to equal protection under the law. Indeed, a more obvious denial of equal protection is difficult to imagine: the marital rape exemption denies married women protection against violent crime solely on the basis of gender and marital status. What possibly could be less rational than a statute …
Sexism, Language, And The Law, Mary Ellen Griffith
Sexism, Language, And The Law, Mary Ellen Griffith
West Virginia Law Review
No abstract provided.
Johnson V. Transportation Agency: The United States Supreme Court Weighs Statistical Imbalance In Favor Of Affirmative Action, 21 J. Marshall L. Rev. 593 (1988), Denise C. Hockley-Cann
Johnson V. Transportation Agency: The United States Supreme Court Weighs Statistical Imbalance In Favor Of Affirmative Action, 21 J. Marshall L. Rev. 593 (1988), Denise C. Hockley-Cann
UIC Law Review
No abstract provided.
Jurisprudence And Gender, Robin West
Jurisprudence And Gender, Robin West
Georgetown Law Faculty Publications and Other Works
What is a human being? Legal theorists must, perforce, answer this question: jurisprudence, after all, is about human beings. The task has not proven to be divisive. In fact, virtually all modern American legal theorists, like most modern moral and political philosophers, either explicitly or implicitly embrace what I will call the "separation thesis" about what it means to be a human being: a "human being," whatever else he is, is physically separate from all other human beings. I am one human being and you are another, and that distinction between you and me is central to the meaning of …
The Probable Significance Of The Bork Appointment For Issues Of Particular Concern To Women, Mary Ann Glendon
The Probable Significance Of The Bork Appointment For Issues Of Particular Concern To Women, Mary Ann Glendon
Cardozo Law Review
No abstract provided.
Analysis Of Judge Robert H. Bork’S Opinions On Standing, Daniel D. Polsby
Analysis Of Judge Robert H. Bork’S Opinions On Standing, Daniel D. Polsby
Cardozo Law Review
No abstract provided.
California Federal Savings & (And) Loan Association V. Guerra: Supreme Court Affirms California's Efforts To Accommodate Pregnancy In Fair Employment Laws, 21 J. Marshall L. Rev. 181 (1987), Judith Gallo
UIC Law Review
No abstract provided.
The Idea Of The "Private": A Discussion Of Stateaction Doctrine And Separate Sphere Ideology, Hester Lessard
The Idea Of The "Private": A Discussion Of Stateaction Doctrine And Separate Sphere Ideology, Hester Lessard
Dalhousie Law Journal
This essay is a discussion of the formalization in law of a dichotomy between a natural, private order on the one hand, and a public sphere of state action and citizenship on the other. The discussion takes place in the context of equality rights and of the philosophical tensions that underlie the delineation of rights in general. Two legal phenomena are examined: state action doctrine as it has developed in American equal protection jurisprudence under the Fourteenth Amendment and separate sphere ideology as a rationalization for sexual discrimination. Under each doctrine, judicial denial of relief is predicated on a pre-ordained …