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Articles 601 - 621 of 621
Full-Text Articles in Law and Gender
Deconstructing Gender, Joan C. Williams
Demarginalizing The Intersection Of Race And Sex: A Black Feminist Critique Of Antidiscrimination Doctrine, Feminist Theory And Antiracist Politics, Kimberlé W. Crenshaw
Demarginalizing The Intersection Of Race And Sex: A Black Feminist Critique Of Antidiscrimination Doctrine, Feminist Theory And Antiracist Politics, Kimberlé W. Crenshaw
Faculty Scholarship
One of the very few Black women's studies books is entitled All the Women Are White; All the Blacks Are Men, But Some of Us are Brave. I have chosen this title as a point of departure in my efforts to develop a Black feminist criticism because it sets forth a problematic consequence of the tendency to treat race and gender as mutually exclusive categories of experience and analysis. In this talk, I want to examine how this tendency is perpetuated by a single-axis framework that is dominant in antidiscrimination law and that is also reflected in feminist theory and …
Privacy And The Regulation Of The New Reproductive Technologies: A Decision-Making Approach, Antoinette M. Sedillo Lopez
Privacy And The Regulation Of The New Reproductive Technologies: A Decision-Making Approach, Antoinette M. Sedillo Lopez
Faculty Scholarship
This article maps out the territory that must be explored in this very complex area and analyzes the implications of governmental regulation of the new reproductive technology. It suggests that the central issue for analysis is the extent to which authority to make decisions concerning reproductive potential should be allocated to individuals rather than to the government. The article describes approaches to allocating decision-making authority with respect to procreative issues. The first is a rights-based approach which emphasizes individual autonomy; this approach will not permit governmental regulation which interferes with personal autonomy in decision making, at least without good reason. …
Cessation Of Family Violence: Deterrence And Dissuasion, Jeffrey Fagan
Cessation Of Family Violence: Deterrence And Dissuasion, Jeffrey Fagan
Faculty Scholarship
Family violence research has only recently begun to investigate desistance. Recent developments in the study of behaviors other than family violence, such as the use of addictive substances, suggest that common processes can be identified in the cessation of disparate behaviors involving diverse populations and occurring in different settings. Desistance is the outcome of processes that begin with aversive experiences leading to a decision to stop. Desistance apparently follows legal sanctions in nearly three spouse abuse cases in four, but the duration of cessation is unknown beyond short study periods. Batterers with shorter, less severe histories have a higher probability …
Gender Bias In The Classroom, Taunya Lovell Banks
Gender Bias In The Classroom, Taunya Lovell Banks
Faculty Scholarship
No abstract provided.
Task Force Reports On Women In The Courts: The Challenge For Legal Education, Elizabeth M. Schneider
Task Force Reports On Women In The Courts: The Challenge For Legal Education, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Lesbians, Gays And Feminist At The Bar: Translating Personal Experience Into Effective Legal Argument - A Symposium, Elizabeth M. Schneider
Lesbians, Gays And Feminist At The Bar: Translating Personal Experience Into Effective Legal Argument - A Symposium, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
The Impact Of Medical Technology On The Pregnant Woman's Right To Privacy, George J. Annas
The Impact Of Medical Technology On The Pregnant Woman's Right To Privacy, George J. Annas
Faculty Scholarship
In the context of the bicentennial of the Constitution and science's relationship to society, it has been argued that "the advance of science and technology in the West has changed not only the relation of man to nature but of man to man."' This seemingly immodest statement may soon prove an understatement. In the arena of human reproduction, the marriage of science and technology in medicine may change not only the relationship of man to nature and man to man, but more significantly, the very concept of what it means to be human. This, in turn, will directly affect how …
The Nuclear Regulatory Commission's Regulation Of Radiation Hazards In The Workplace: Present Problems And New Approaches To Reproductive Health, Neal Smith, Michael S. Baram
The Nuclear Regulatory Commission's Regulation Of Radiation Hazards In The Workplace: Present Problems And New Approaches To Reproductive Health, Neal Smith, Michael S. Baram
Faculty Scholarship
On December 20, 1985, the Nuclear Regulatory Commission (NRC) proposed revisions to its Standards for Protection Against Radiation [hereinafter Standards].1 If adopted, the new Standards will provide additional protection for millions of workers and their unborn children. The effects of the Standards will extend, however, far beyond the health of those exposed to radiation. Specifically, the NRC's proposal may provide a new paradigm for regulating health hazards that have no safe threshold level of exposure. It will also focus debate on whether or not women should be precluded from working in fetotoxic environments
The Dialectic Of Rights And Politics: Perspectives From The Women's Movement, Elizabeth M. Schneider
The Dialectic Of Rights And Politics: Perspectives From The Women's Movement, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Educating Our Children "On Equal Terms": The Failure Of The Dejure/Defacto Analysis In Desegregation Cases, Antoinette M. Sedillo Lopez
Educating Our Children "On Equal Terms": The Failure Of The Dejure/Defacto Analysis In Desegregation Cases, Antoinette M. Sedillo Lopez
Faculty Scholarship
This Article will describe the narrow process oriented analysis and contrast it with the broader analysis of both the process and the results. It will demonstrate the different conceptual framework involved in evaluating each component. This Article will show how the Supreme Court has viewed educational equality following Plessy v. Ferguson. Initially, the Court's evaluation was quite perfunctory, but it became increasingly strict. By 1954, the Court in Brown v. Board of EducationI was well on its way toward evaluating the results as well as the process. Since Brown, the Court has vacillated between reviewing only the purity of the …
The Alter Ego Doctrine: Alternative Challenges To The Corporate Form, Antoinette M. Sedillo Lopez
The Alter Ego Doctrine: Alternative Challenges To The Corporate Form, Antoinette M. Sedillo Lopez
Faculty Scholarship
This Comment examines alternative challenges to the separate entity fiction. First, it will analyze the economic policies underlying the separate entity concept and the justification for imposing shareholder liability in typical alter ego cases. Second, this Comment will review cases in which the corporate entity is challenged for alternative purposes and demonstrate how the usual alter ego analysis fails in these cases. Finally, this Comment proposes a three-stage analysis for examining alternative challenges to the separate entity fiction. The proposal would require courts to analyze the facts of the cases, identify the policies underlying the challenge, and balance the economic …
Conjugal Violence: The Law Of Force And The Force Of Law , Maria Marcus
Conjugal Violence: The Law Of Force And The Force Of Law , Maria Marcus
Faculty Scholarship
The Article concludes that neither the impartial mission of the rule of law nor the neatly tooled goal of individual justice has been served by the governmental response to conjugal violence, and suggests the elements from which a valid approach may be constructed.
Equal Rights To Trial For Women: Sex-Bias In The Law Of Self-Defense, Elizabeth M. Schneider
Equal Rights To Trial For Women: Sex-Bias In The Law Of Self-Defense, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Women In Law School Teaching: Problems And Progress, D. Kelly Weisberg
Women In Law School Teaching: Problems And Progress, D. Kelly Weisberg
Faculty Scholarship
No abstract provided.
Representation Of Women Who Defend Themselves In Response To Physical Or Sexual Assault Arguedas, Elizabeth M. Schneider, Susan B. Jordan, Cristina C. Arguedas
Representation Of Women Who Defend Themselves In Response To Physical Or Sexual Assault Arguedas, Elizabeth M. Schneider, Susan B. Jordan, Cristina C. Arguedas
Faculty Scholarship
No abstract provided.
Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne
Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne
Faculty Scholarship
This commentary breaks down the case of the City of Los Angeles Department of Water and Power v. Manhart and discusses what effects the Supreme Court's decision will have when Title VII is applied to university employers, particularly in their relationship with TIAA-CREF
Barred From The Bar: Women And Legal Education In The United States 1870-1890, D. Kelly Weisberg
Barred From The Bar: Women And Legal Education In The United States 1870-1890, D. Kelly Weisberg
Faculty Scholarship
No abstract provided.
Constitutional Perspectives On Sex Discrimination In Jury Selection, Elizabeth M. Schneider, Rhonda Copelon, Nancy Stearns
Constitutional Perspectives On Sex Discrimination In Jury Selection, Elizabeth M. Schneider, Rhonda Copelon, Nancy Stearns
Faculty Scholarship
No abstract provided.
Book Review: Woman's Consciousness, Man's World, Elizabeth Rapaport
Book Review: Woman's Consciousness, Man's World, Elizabeth Rapaport
Faculty Scholarship
Abstract of Book Review only. Women's Consciousness, Man's World is the third of Sheila Rowbotham's three recent books to reach the United States. In Women, Resistance and Revolution Rowbotham ranged over the history of pre-industrial and industrial Europe, the Russian, the Chinese and the more contemporary third world revolutions in Cuba, Algeria and Vietnam. She sought to recover the origins, development and fates of feminist ideas and movements, and most particularly their interaction with socialist movements, in opposition and in power. In Hidden From History she gives more detailed consideration to the history of feminism and socialism in England. With …
Sex Discrimination By Law: A Study In Judicial Perspective, Charles L. Knapp, John D. Johnston Jr.
Sex Discrimination By Law: A Study In Judicial Perspective, Charles L. Knapp, John D. Johnston Jr.
Faculty Scholarship
No abstract provided.