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Articles 121 - 133 of 133
Full-Text Articles in Law and Gender
The Paradox Of The Fresh Complaint Rule, Kathryn M. Stanchi
The Paradox Of The Fresh Complaint Rule, Kathryn M. Stanchi
Scholarly Works
This Article explores the paradox of the fresh complaint rule, evaluates the proposed solutions, and suggests a modified rule as an interim solution. Part II of this Article explores the fresh complaint rule, from its historical roots in the English common law to its evolution in the United States, with special attention to the rationale for the rule, the requirement of freshness, and the standards for the rule's application. Parts III and IV examine the paradox raised by the need for and effectiveness of the rule and its concurrent harmful effects. Part V describes proposed solutions to the paradox and …
Whose Justice? Which Victims?, Lynne Henderson
First And Last Chance: Looking For Lesbians In California's Fifties Bar Cases, Joan W. Howarth
First And Last Chance: Looking For Lesbians In California's Fifties Bar Cases, Joan W. Howarth
Scholarly Works
Do all of us who choose members of our own sex as objects of desire and as sexual partners share some meaningful common identity, such as “homosexual,” “gay” or perhaps “queer”? The classifications “homosexual” and “gay” claim for themselves just that kind of inclusiveness; that is, that the gay world includes people of all races, all classes and any possible gender identity. You, me, James Baldwin, Gertrude Stein, J. Edgar Hoover: we are all gay together. In this way “homosexual” or “gay” is a generic term, like, for example, “human being.” But we know that the alleged inclusiveness masks just …
Deciding To Kill: Revealing The Gender In The Task Handed To Capital Jurors, Joan W. Howarth
Deciding To Kill: Revealing The Gender In The Task Handed To Capital Jurors, Joan W. Howarth
Scholarly Works
Day after day, across this country, ordinary people are summoned to court for a selection process that ultimately leaves them in a room deciding, with other jurors, whether a criminal defendant should be killed. The task handed to these jurors is an awesome, personal, moral decision, encased within the complex legal standards and procedures that constitute modern capital jurisprudence. The doctrine that created and sustains this moment of conscience reflects an ongoing struggle of rule against uncertainty, reason against emotion, justice against mercy, and thus, at one level, male against female. Capital jurisprudence -- the law for deciding whether to …
Condescending Contradictions: Richard Posner's Pragmatism And Pregnancy Discrimination, Ann C. Mcginley, Jeffrey W. Stempel
Condescending Contradictions: Richard Posner's Pragmatism And Pregnancy Discrimination, Ann C. Mcginley, Jeffrey W. Stempel
Scholarly Works
Richard Posner’s, the Chief Judge of the United States Court of Appeals for the Seventh Circuit, judicial actions have been criticized, primarily for inconsistently commingling economic analysis with other approaches to decisionmaking in an effort to reach personally pleasing results that are at odds with Posner's professed commitment to methodological rigor. Although criticism of Posner's judging is diverse, a common theme is that he too frequently marshals his argumentative force merely to uphold the economic rights of the powerful. In other words, according to the critics, after the rush of intellectual excitement subsides, litigants and the justice system are left …
Getting To Know: Honoring Women In Law And In Fact, Lynne Henderson
Getting To Know: Honoring Women In Law And In Fact, Lynne Henderson
Scholarly Works
No abstract provided.
Review Essay: Feminism, Lawyering, And Death Row, Joan W. Howarth
Review Essay: Feminism, Lawyering, And Death Row, Joan W. Howarth
Scholarly Works
Representing men on death row is confounding, but not without reward. This lawyering work has taught me at least two lessons, the subjects of this essay. First, capital punishment--our attempt to use legal procedures to kill people fairly--is a feminist issue, or should be. Second, death row representation is too big a job for lawyers; we need to recruit poets. To develop these ideas, and perhaps to convince you without requiring you to undertake the same path to these conclusions, I am appropriating novelist Beverly Lowry's stunning new book, Crossed Over: A Murder, A Memoir. Crossed Over is the story …
Law's Patriarchy, Lynne Henderson
Whose Nature? Practical Reason And Patriarchy, Lynne Henderson
Whose Nature? Practical Reason And Patriarchy, Lynne Henderson
Scholarly Works
No abstract provided.
Response, [To Kathryn Abrams, Hiring Woman], Thomas B. Mcaffee
Response, [To Kathryn Abrams, Hiring Woman], Thomas B. Mcaffee
Scholarly Works
This article is a response to an article by Professor Kathryn Abram about the recruitment and hiring of women law professors. Professor McAffee confronts an issue that Professor Abrams does not—that of giving women a “preference” in hiring. Professor McAffee also adds to Professor Abrams’ reflections about the question of how law schools should go about hiring more women.
What Makes Rape A Crime?, Lynne Henderson
Electoral Folklore: An Empirical Examination Of The Abortion Issue, Jeffrey W. Stempel
Electoral Folklore: An Empirical Examination Of The Abortion Issue, Jeffrey W. Stempel
Scholarly Works
Though partisans on both sides claim credit for electoral victories and defeats, and politicians treat both groups with deference, few studies have attempted to gauge the impact of the abortion issue in more than an anecdotal manner. In 1976, NARAL noted that of the 13 members of the U.S. Representatives that lost re-election bids, nine were pro-life, and four were pro-choice. A study conducted by the Alan Guttmacher Institute of the 1974 House races found that, in “competitive” districts, 92 percent of the pro-choice candidates studied were re-elected while only 61 percent of the pro-life candidates were returned to Congress, …
Norris V. Arizona Governing Committee: Titile Vii's Applicability To Arizona's Deferred Compensation Plan, Mary E. Berkheiser
Norris V. Arizona Governing Committee: Titile Vii's Applicability To Arizona's Deferred Compensation Plan, Mary E. Berkheiser
Scholarly Works
Analysis of Norris v. Arizona Governing Comm., 671 F.2d 330 (9th Cir. 1982).