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Articles 541 - 570 of 612
Full-Text Articles in Law and Gender
Cracking Foundations As Feminist Method , Katharine T. Bartlett
Cracking Foundations As Feminist Method , Katharine T. Bartlett
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Regulating Paid Household Work: Class, Gender, Race, And Agendas Of Reform , Peggie R. Smith
Regulating Paid Household Work: Class, Gender, Race, And Agendas Of Reform , Peggie R. Smith
American University Law Review
No abstract provided.
Commentaries, Paul Magnarella
Commentaries, Paul Magnarella
Cardozo Journal of International and Comparative Law
Symposium: Cannibal Democracies: Human Rights and Democracy in Turkey
The First Women Members Of The Supreme Court Bar, 1879-1900, Mary Clark
The First Women Members Of The Supreme Court Bar, 1879-1900, Mary Clark
Scholarly Articles in Law Reviews & Journals
No abstract provided.
British Masculinities, Canadian Lawyers, W. Wesley Pue
British Masculinities, Canadian Lawyers, W. Wesley Pue
All Faculty Publications
This paper explores the construction of early twentieth century Canadian legal professionalism as the workings-out of Britishness understood through the lenses of cultural history, cultures of imperialism, and gender relations. It provides a case study in the histories of professionalism in a settler colony.
Legal Doctrine And The Gender Issue In Brazil, Leila Linhares Barsted, Jacqueline Hermann
Legal Doctrine And The Gender Issue In Brazil, Leila Linhares Barsted, Jacqueline Hermann
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Integrating Gender Perspective Into Brazilian Legal Doctrine And Education: Challenges And Possibilities, Flavia Piovesan
Integrating Gender Perspective Into Brazilian Legal Doctrine And Education: Challenges And Possibilities, Flavia Piovesan
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Feminist Legal Theory, Feminist Lawmaking, And The Legal Profession, Cynthia Grant Bowman, Elizabeth M. Schneider
Feminist Legal Theory, Feminist Lawmaking, And The Legal Profession, Cynthia Grant Bowman, Elizabeth M. Schneider
Cornell Law Faculty Publications
No abstract provided.
The Sixties Shift To Formal Equality And The Courts: An Argument For Pragmatism And Politics, Mary Becker
The Sixties Shift To Formal Equality And The Courts: An Argument For Pragmatism And Politics, Mary Becker
William & Mary Law Review
No abstract provided.
Ahead Of Her Time: Helen Z.M. Rodgers And Cecil B. Weiner, Katharine W. Bowen
Ahead Of Her Time: Helen Z.M. Rodgers And Cecil B. Weiner, Katharine W. Bowen
Buffalo Women's Law Journal
No abstract provided.
Reforming The Bar: Women And The Arkansas Legal Profession, Frances Mitchell Ross
Reforming The Bar: Women And The Arkansas Legal Profession, Frances Mitchell Ross
University of Arkansas at Little Rock Law Review
No abstract provided.
The Feminization Of The Office Of Notary Public: From Femme Covert To Notaire Covert, 31 J. Marshall L. Rev. 703 (1998), Deborah M. Thaw
The Feminization Of The Office Of Notary Public: From Femme Covert To Notaire Covert, 31 J. Marshall L. Rev. 703 (1998), Deborah M. Thaw
UIC Law Review
No abstract provided.
"A Revolution Which Seeks To Abolish Law, Must End Necessarily In Despotism": Louisa Mccord And Antebellum Southern Legal Thought, Alfred L. Brophy
"A Revolution Which Seeks To Abolish Law, Must End Necessarily In Despotism": Louisa Mccord And Antebellum Southern Legal Thought, Alfred L. Brophy
Cardozo Journal of Equal Rights & Social Justice
Louisa McCord's essays provide a unique lens into the legal and political thought of antebellum Southern society, particularly her defense of slavery and the role of law in maintaining social order. She argued that law should ensure basic fairness in market transactions but should not interfere with the institution of slavery, which she viewed as a matter of sentiment rather than legal regulation. McCord's work challenges the notion that legal history is confined to the common law tradition, emphasizing the importance of understanding law as part of a broader societal outlook.
The Founding Of The Washington College Of Law: The First Law School Established By Women For Women, Mary Clark
The Founding Of The Washington College Of Law: The First Law School Established By Women For Women, Mary Clark
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Injured Women Before Common Law Courts, 1860-1930, Margo Schlanger
Injured Women Before Common Law Courts, 1860-1930, Margo Schlanger
Articles
How did early American tort law treat women? How were they expected to behave, and how were others expected to behave towards them? What gender differences mattered, and how did courts deal with those differences? These are the issues this Article explores. My aim is to illuminate the common law of torts and its relation to and with ideas about gender difference, by focusing on three sets of cases involving injured women, spanning the time between approximately 1860 and 1930. My conclusions run counter to two approaches scholars have frequently taken in analyzing gender and the common law of torts. …
Sex And The Social Order: The Selective Enforcement Of Colonial American Adultery Laws In The English Context, Carolyn B. Ramsey
Sex And The Social Order: The Selective Enforcement Of Colonial American Adultery Laws In The English Context, Carolyn B. Ramsey
Publications
No abstract provided.
Was The First Woman Hanged In North Carolina A "Battered Spouse?", Jeffrey P. Gray
Was The First Woman Hanged In North Carolina A "Battered Spouse?", Jeffrey P. Gray
Campbell Law Review
No abstract provided.
The Civil Opinions Of Judge Phyllis A. Kravitch: A Tribute, Stephen Wermiel
The Civil Opinions Of Judge Phyllis A. Kravitch: A Tribute, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Gender In The Law Of Slavery In The Antebellum United States, Andrew T. Fede
Gender In The Law Of Slavery In The Antebellum United States, Andrew T. Fede
Cardozo Law Review
In her thought-provoking paper Finding Sojourner's Truth: Race, Gender, and the Institution of Property, Cheryl I. Harris explores the connections between slavery, race, and gender in the law of the antebellum United States. Harris acknowledges that slaves alone were defined as property at law, and, therefore,*the legal status of slaves differed from free white women and free black women. She also acknowledges that "white women" were allowed property rights on "male-defined terms" but asserts, nevertheless, that free women could be considered as a form of property.
Hegel’S Slaves, Blackstone’S Objects, And Hohfeld’S Ghosts: A Comment On Thomas Russell’S Imagery Of Slave Auctions, Jeanne L. Schroeder
Hegel’S Slaves, Blackstone’S Objects, And Hohfeld’S Ghosts: A Comment On Thomas Russell’S Imagery Of Slave Auctions, Jeanne L. Schroeder
Cardozo Law Review
Thomas Russell's wonderful paper A New Image of the Slave Auction is an example of how the best empirical work can result in conclusions that are so obviously "right" that they risk being mistaken as obvious. His paper serves as an important warning against a recurring problem in legal, as well as other scholarship: Picture thinking-in the sense of an unconscious (and as a result, unquestioning and uncritical) acceptance of familiar, traditional, comfortable imagery-so often blinds us.
“So Tall Within” - The Legacy Of Sojourner Truth, Peggy Cooper Davis
“So Tall Within” - The Legacy Of Sojourner Truth, Peggy Cooper Davis
Cardozo Law Review
I take my text from Professor Harris's rich discussion of Sojourner Truth's life narrative. I begin, as Professor Harris began, with Truth's assertion of parental right. When her five-year-old son, Peter, was sent by his owner from New York to Alabama, Truth agonized over the loss of contact between herself and her child. She feared that Peter would lose the opportunity, owed to him under New York law, of liberation at the age of twenty-one. Truth's insistent cry, "I'll have my child again," was initially dismissed by incredulous slaveholders. But it became a theme of struggle as she repeatedly walked …
Finding Sojourner’S Truth: Race, Gender, And The Institution Of Property, Cheryl I. Harris
Finding Sojourner’S Truth: Race, Gender, And The Institution Of Property, Cheryl I. Harris
Cardozo Law Review
This Article begins with the signature speech of Sojourner Truth, one of a handful of Black women of the nineteenth century who became an important figure in the abolitionist movement, a national figure in her own time, and an icon of both historical and contemporary feminism. As the emblematic Black woman of her time and as a Black woman that both suffered under and transcended slavery, Sojourner Truth was and is a critically situated subject through which to examine the crosscutting constructions of race and gender forged under slavery.
Abolitionist Feminism, Moral Slavery, And The Constitution: “On The Same Platform Of Human Rights”, David A.J. Richards
Abolitionist Feminism, Moral Slavery, And The Constitution: “On The Same Platform Of Human Rights”, David A.J. Richards
Cardozo Law Review
The analogy between race and gender plays an increasingly important role in the interpretation of the Equal Protection Clause of the Fourteenth Amendment. However, interpretive arguments about the analogy make little or no reference to the abolitionist historical background of the Reconstruction Amendments in general and the Fourteenth Amendment in particular. This might make some sense if the only legitimate interpretive appeal to history were Raoul Berger's version of originalism, namely, the specific denoted things (including persons and practices) to which the relevant drafters and ratifiers of the pertinent constitutional text would or would not have applied the language in …
The Fifteenth Amendment And "Political Rights", Akhil Reed Amar
The Fifteenth Amendment And "Political Rights", Akhil Reed Amar
Cardozo Law Review
Professor Xi Wang has offered us an altogether exemplary paper on black suffrage. Rather than trying to criticize it, I shall attempt to extend it by picking up where he left off. My main text is the Fifteenth Amendment. I would like to suggest that the best interpretation of the Fifteenth Amendment would read it as encompassing a cluster of political rights; the Amendment protects not only the right to vote, but also the right to hold office, the right to be voted for, the right to vote in a legislature, the right to serve on a jury, and even …
Bondage, Freedom & The Constitution, Eric Foner
Bondage, Freedom & The Constitution, Eric Foner
Cardozo Law Review
Linking the papers on this most interesting panel are questions that center on the meaning of freedom. What is freedom? Who has the power to define what freedom is? What are the consequences of slavery and its abolition for Americans' understandings of freedom? In one way or another, these papers, as well as many others in this conference, illuminate these questions.
Women In The Courts: An Old Thorn In Men's Sides, Nikolaus Benke
Women In The Courts: An Old Thorn In Men's Sides, Nikolaus Benke
Michigan Journal of Gender & Law
This article was inspired by the work of a series of state task forces on women in the courts. It examines the subject from a historical perspective, comparing ancient Rome, mainly during the period from the first century B.C. to the third A.D., with the United States, from its prerevolutionary beginnings to the present. The article's focus is gender bias against women acting in official court functions.
Democracy And Feminism , Tracy E. Higgins
Democracy And Feminism , Tracy E. Higgins
Faculty Scholarship
Although feminist legal theory has had an important impact on most areas of legal doctrine and theory over the last two decades, its contribution to the debate over constitutional interpretation has been comparatively small. In this Article, Professor Higgins explores reasons for the limited dialogue between mainstream constitutional theory and feminist theory concerning questions of democracy, constitutionalism, and judicial review. She argues that mainstream constitutional theory tends to take for granted the capacity of the individual to make choices, leaving the social construction of those choices largely unexamined. In contrast, feminist legal theory's emphasis on the importance of constraints on …
Ladies In Red: Learning From America's First Female Bankrupts, Marie Stefanini Newman
Ladies In Red: Learning From America's First Female Bankrupts, Marie Stefanini Newman
Elisabeth Haub School of Law Faculty Publications
Several years ago, the Honorable Joyce Bihary, a bankruptcy judge in Atlanta, Georgia, asked me3 why our country's first bankruptcy law specifically referred to debtors using “he” or “she” rather than a gender-neutral noun (such as “bankrupts”) or the male possessive pronoun “he.” Implicitly, she was also asking whether there were any women debtors under our early bankruptcy laws. Although I had read the Bankruptcy Act of 1800 more than once, I did not recollect its use of these gender-inclusive pronouns. Nor did I know why the Act employed them. Despite having given considerable thought to contemporary women in debt, …
Straying From The Path Of The Law After One Hundred Years, The, Tracy E. Higgins
Straying From The Path Of The Law After One Hundred Years, The, Tracy E. Higgins
Faculty Scholarship
What common ground can be found between modern feminist legal theory and a century-old essay advocating understanding the law from the perspective of the "bad man"? The question admits of no simple answer. Feminists, including myself, might agree with some irony that "[i]f you want to know the law and nothing else, you must look at it as a bad man" but would add that this is precisely the problem. Of course, Holmes does not use the concept of the bad man in a feminist sense to suggest that the law empowers the bad man at the expense of women. …
Introduction, The Sesquicentennial Of The 1848 Seneca Falls Women's Rights Convention: American Women's Unfinished Quest For Legal, Economic, Political, And Social Equality, Carolyn S. Bratt
Law Faculty Scholarly Articles
On July 19, 1998, America celebrated the 150th anniversary of the Seneca Falls Convention. Almost three hundred women and men including Lucretia Mott, Elizabeth Cady Stanton, and Frederick Douglass met on that July date in 1848 at Seneca Falls, New York, for a two-day discussion of the "social, civil and religious rights of woman." At the conclusion of the meeting, sixty-eight women and thirty-two men signed their names to a Declaration of Sentiments and this country's organized women's rights movement began. The Declaration of Sentiments was the earliest, systematic, public articulation in the United States of the ideas that fuel …