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Articles 151 - 180 of 185
Full-Text Articles in Law and Gender
Breaking Out Of "Custody": A Feminist Voice In Constitutional Criminal Procedure, Dana Raigrodski
Breaking Out Of "Custody": A Feminist Voice In Constitutional Criminal Procedure, Dana Raigrodski
Articles
In this Essay, I suggest that reexamination of this field of law through a feminist lens can shed new light and add to the understanding of constitutional criminal procedure. These insights, in turn, can and should generate a positive feminist jurisprudence of criminal procedure—a distinctive feminist voice to be integrated systematically into our constitutional criminal procedure and our criminal justice system. Applying feminist legal theories to particular areas of constitutional criminal procedure may help guide us through the more difficult task of constructing a positive feminist jurisprudence of constitutional criminal procedure. Many areas of constitutional criminal procedure lend themselves as …
From Office Ladies To Women Warriors?: The Effect Of The Eeol On Japanese Women, Jennifer S. Fan
From Office Ladies To Women Warriors?: The Effect Of The Eeol On Japanese Women, Jennifer S. Fan
Articles
In this Article, Jennifer Fan argues that existing laws in Japan do not adequately protect working women from sex discrimination. Specifically, Fan examines the Equal Employment Opportunity Law (EEOL), a law designed to prevent discrimination against women in the workplace, and concludes that the EEOL is little more than a paper tiger that preserves the status quo. After briefly discussing the legal sources of protection for working women in Japan before the passage of the EEOL, Fan examines the creation of the EEOL, its substantive provisions, and its legal impact. Through her analysis of recent sexual harassment cases in light …
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. …
Testing Testing, Carl E. Schneider
Testing Testing, Carl E. Schneider
Articles
Last year, Congress passed the Ryan White Care Act Amendments of 1996. The amendments authorize ten million dollars for each fiscal year from 1996 through 2000 for counseling pregnant women on HIV disease, for "outreach efforts to pregnant women at high risk of HN who are not currently receiving prenatal care," and for voluntary testing for pregnant women. The amendments compromise a central question: whether prenatal and neonatal AIDS testing should be compelled. The compromise is complex. The director of the Centers for Disease Control and Prevention is instructed to establish a system for states to use to discover and …
The Human Constitution And Constitutive Law: A Prolegomenon, John O. Mcginnis
The Human Constitution And Constitutive Law: A Prolegomenon, John O. Mcginnis
Articles
No abstract provided.
United States Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Malvina Halberstam
United States Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Malvina Halberstam
Articles
No abstract provided.
Juno Moneta: On The Erotics Of The Marketplace, Jeanne L. Schroeder
Juno Moneta: On The Erotics Of The Marketplace, Jeanne L. Schroeder
Articles
The article explores how property and the feminine, as legal fictions, facilitate the creation of subjectivity through the lens of Hegelian philosophy and Lacanian psychoanalysis. It critiques the liberal individual as an insufficient concept for subjectivity, arguing that subjectivity is constructed, not natural. The analysis examines how legal frameworks privilege masculine metaphors, such as possession, while repressing feminine ones, and posits that the pursuit of a perfect market represents a destructive ideal that undermines freedom and subjectivity.
Rape, Race And Representation: The Power Of Discourse, Discourses Of Power And The Reconstruction Of Heterosexuality, Elizabeth M. Iglesias
Rape, Race And Representation: The Power Of Discourse, Discourses Of Power And The Reconstruction Of Heterosexuality, Elizabeth M. Iglesias
Articles
No abstract provided.
Liberty Without Equality: The Property-Rights Connection In A Negative Citizenship Regime, David Abraham
Liberty Without Equality: The Property-Rights Connection In A Negative Citizenship Regime, David Abraham
Articles
Why, in comparison with other liberal capitalist democracies, is the social welfare state so poorly anchored in American law and public discourse? Surely American political and social history have contributed much to the weakness of our "social state." But law, too, has played a significant material, as well as ideological, role and has provided the terrain for much of our social development. This essay explores the particular contribution of the property-liberty nexus to the stunted development of positive liberty and social citizenship in the United States. It traces this connection from the natural rights and bourgeois Founders through several key …
Putting Women First, Mary I. Coombs
Judging Girls: Decision Making In Parental Consent To Abortion Cases, Suellyn Scarnecchia, Julie Kunce Field
Judging Girls: Decision Making In Parental Consent To Abortion Cases, Suellyn Scarnecchia, Julie Kunce Field
Articles
Judges make determinations on a daily basis that profoundly affect people's lives. On March 28, 1991, the Michigan legislature enacted a statute entitled The Parental Rights Restoration Act (hereinafter "the Michigan Act" or "the Act"). This statute delegated to probate court judges the extraordinary task of deciding whether a minor girl may have an abortion without the consent of a parent. Nothing in law school and little in an average judge's experience provide a meaningful framework for making such a decision. Although many commentators, including the authors, argue that decisions about abortion should be left to the woman regardless of …
Stress And Health In 1st-Year Law Students: Women Fare Worse, Daniel N. Mcintosh, Julie Keywell, Alan Reifman, Phoebe C. Ellsworth
Stress And Health In 1st-Year Law Students: Women Fare Worse, Daniel N. Mcintosh, Julie Keywell, Alan Reifman, Phoebe C. Ellsworth
Articles
The social and psychological consequences of being a female law student may include greater stress and worse health than that experienced by male students. First-year law students at a major state university were surveyed about their physical and psychological health prior to, in the middle of, and at the end of the school year. They were also asked about specific sources of strain (e.g., grades, time pressure) at mid-year. Relative to men, women reported greater strain due to sexism, lack of free time, and lack of time to spend with one’s spouse/partner. Women also displayed more depression and physical symptoms …
Responding To Gender Bias In The Courts: Progress Without Accountability, Suellyn Scarnecchia
Responding To Gender Bias In The Courts: Progress Without Accountability, Suellyn Scarnecchia
Articles
On December 19, 1989, we received the final report of the Michigan Supreme Court Task Force on Gender Issues (task force report). The task force made 91 recommendations, plus an additional 18 joint recommendations with the Task Force on Racial/Ethnic Issues in the Courts. The Michigan Supreme Court, the State Bar of Michigan and other individuals and organizations have made much progress in responding to the recommendations, with one glaring omission-Although jointly recommended by both task forces as "essential to the realization of the goals envisioned in the goals envisioned in the reports," the Supreme Court has failed to appoint …
Whiteness And Women, In Practice And Theory: A Reply To Catharine Mackinnon, Martha R. Mahoney
Whiteness And Women, In Practice And Theory: A Reply To Catharine Mackinnon, Martha R. Mahoney
Articles
No abstract provided.
Heat Of Passion And Wife Killing: Men Who Batter/Men Who Kill, Donna Coker
Heat Of Passion And Wife Killing: Men Who Batter/Men Who Kill, Donna Coker
Articles
No abstract provided.
Exit: Power And The Idea Of Leaving In Love, Work, And The Confirmation Hearings, Martha R. Mahoney
Exit: Power And The Idea Of Leaving In Love, Work, And The Confirmation Hearings, Martha R. Mahoney
Articles
No abstract provided.
Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney
Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney
Articles
No abstract provided.
Feminism Historicized: Medieval Misogynist Stereotypes In Contemporary Feminist Jurisprudence, Jeanne L. Schroeder
Feminism Historicized: Medieval Misogynist Stereotypes In Contemporary Feminist Jurisprudence, Jeanne L. Schroeder
Articles
The article argues that contemporary feminist theories are ahistorical and culturally narrow, often mirroring medieval misogynist stereotypes by assuming that late-twentieth-century, white, upper-middle-class American experiences represent universal truths about gender. By examining medieval canon law and societal norms, the analysis reveals that patriarchal structures have persisted across time, adapting to different cultural definitions of masculinity and femininity. The author advocates for a more historically and cross-culturally informed approach to jurisprudence and gender theory to avoid replicating past oppressions.
Gender And Race Bias Against Lawyers: A Classroom Response, Suellyn Scarnecchia
Gender And Race Bias Against Lawyers: A Classroom Response, Suellyn Scarnecchia
Articles
In reviewing other clinicians' approaches to teaching about bias, I identified problems that eventually led me to design a two-hour class session on bias against lawyers. The following is a review of a few other teaching methods and a description of my own approach, detailing its own strengths and weaknesses. This is not an exhaustive review of all possible approaches to bias. It is offered to promote classroom discussion of bias against lawyers and to invite the development of innovative alternatives to my approach.
Accommodation And Satisfaction: Women And Men Lawyers And The Balance Of Work And Family, David L. Chambers
Accommodation And Satisfaction: Women And Men Lawyers And The Balance Of Work And Family, David L. Chambers
Articles
This study of graduates of the University of Michigan Law School from the late 1970s reports on the differing ways that women and men have responded to the conflicting claims of work and family. It finds that women with children who have entered the profession have indeed continued to bear the principalr esponsibilitiesf or the care of children, but it alsof inds that these women, with all their burdens, are more satisfied with their careers and with the balance of their family and professional lives than other women and than men.
Agency And Partnership: A Study Of Breach Of Promise Plaintiffs, Mary I. Coombs
Agency And Partnership: A Study Of Breach Of Promise Plaintiffs, Mary I. Coombs
Articles
No abstract provided.
Freedom Of Expression In A Pluralistic Society, James W. Nickel
Freedom Of Expression In A Pluralistic Society, James W. Nickel
Articles
No abstract provided.
Beating Up On Women And Old Men And Other Enormities: A Social Historical Inquiry Into Literary Sources, William I. Miller
Beating Up On Women And Old Men And Other Enormities: A Social Historical Inquiry Into Literary Sources, William I. Miller
Articles
The Icelandic sagas, besides being one of the most impressive literatures existing in any language, preserve detailed accounts of feud and legal action, and describe with intelligence and care the general techniques and strategies of dispute processing. They also contain, incidental to the narrative, information about values and law, marriage and death, householding arrangements and the systems of exchange, naming patterns, and so on, for those who care to coax such information from the texts.
Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers
Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers
Articles
A few states, mostly in the West and South, still retain a preference in custody disputes for placing young children with their mothers. In most other states, legislatures or courts have replaced the maternal presumption with a rule directing courts to be guided solely by the child's "welfare" or "best interests." A few legislatures have created a new preference for joint custody, directing courts to consider favorably requests by a parent for such arrangements, even over the objection of the other parent. This Article argues that the trend away from the maternal presumption is sensible, but that the current best-interests …
Normative Judgment, Social Change, And Legal Reasoning In The Context Of Abortion And Privacy, Stephen J. Schnably
Normative Judgment, Social Change, And Legal Reasoning In The Context Of Abortion And Privacy, Stephen J. Schnably
Articles
No abstract provided.
A Right To Every Woman's Evidence, Richard O. Lempert
A Right To Every Woman's Evidence, Richard O. Lempert
Articles
I am indeed honored to be here with you today, honored to be joining you next year as Iowa's first Mason Ladd Visiting Distinguished Professor of Law, and honored to be giving the first Mason Ladd Lecture. The honor lies not just in the recognition you accord me, but also in the linkage to the man in whose name this recognition is given.
Federalism And Social Change, Terrance Sandalow
Federalism And Social Change, Terrance Sandalow
Articles
A familiar passage in Professors Hart and Wechsler's casebook likens the relationship between federal and state law to that which exists between statutes and the common law. The underlying idea is that federal law rests upon a substructure of state law. "It builds upon legal relationships established by the states, altering or supplanting them only so far as necessary for [its] special purpose."' A similar relationship exists between state and federal judicial systems. State courts are courts of general jurisdiction, assumed to have authority to adjudicate controversies unless Congress has displaced them by conferring exclusive jurisdiction on federal courts. Federal …
Rewriting Roe V. Wade, Donald H. Regan
Rewriting Roe V. Wade, Donald H. Regan
Articles
Roe v. Wade is one of the most controversial cases the Supreme Court has decided. The result in the case - the establishment of a constitutional right to abortion - was controversial enough. Beyond that, even people who approve of the result have been dissatisfied with the Court's opinion. Others before me have attempted to explain how a better opinion could have been written. It seems to me, however, that the most promising argument in support of the result of Roe has not yet been made. This essay contains my suggestions for "rewriting" Roe v. Wade
The Fourth Amendment As A Way Of Talking About People: A Study Of Robinson And Matlock, James Boyd White
The Fourth Amendment As A Way Of Talking About People: A Study Of Robinson And Matlock, James Boyd White
Articles
One way to regard what the Supreme Court has done in the cases it has decided under the Fourth Amendment is to say that it has created a specialized discourse of adjudication, a language in which it can talk about and dispose of the repeated conflicts that arise between an officer engaged in the process of crime control and a citizen upon whose freedom or security he intrudes. The events which bring these two figures together are bewildering in their variety and complexity, and the claims on each side are deeply felt and strenuously made. It has not been easy …
Women In The Law, James J. White
Women In The Law, James J. White
Articles
IN 1869 Belle A. Mansfield, reputedly the first female lawyer admitted to practice in the United States, was admitted to the state bar of Iowa. Others soon followed her and this dribble of women entering the legal profession has grown to a persistent and continuous trickle in the twentieth century, but it shows no signs of becoming a flood. At last count approximately 7,000 out of America's 300,000 listed lawyers were women. Since the practice of law-even in the most masculine and aggressive Perry Mason style-does not require a strong back, large muscles, or any of the other peculiarly male …