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Articles 7801 - 7830 of 8355

Full-Text Articles in Law and Gender

The Death Penalty And Gender Discrimination, Elizabeth Rapaport Jan 1991

The Death Penalty And Gender Discrimination, Elizabeth Rapaport

Faculty Scholarship

Despite the paucity of research on the death penalty and gender discrimination, it is widely supposed that women murderers are chivalrously spared the death sentence. This supposition is fueled by the relatively small number of women who are condemned. This article argues that women are represented on contemporary U.S. death rows in numbers commensurate with the infrequency of female commission of those crimes which our society labels sufficiently reprehensible to merit capital punishment. Additionally, preliminary investigation suggests that death-sentenced women are more likely than death-sentenced men to have killed intimates, although the explanation for this disparity is not yet at …


Workplace Discrimination: Truthfulness And The Moral Imagination, Emily Calhoun Jan 1991

Workplace Discrimination: Truthfulness And The Moral Imagination, Emily Calhoun

Publications

No abstract provided.


Compromising On Abortion, Daniel O. Conkle Jan 1991

Compromising On Abortion, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.


Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney Jan 1991

Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney

Articles

No abstract provided.


A Family Like Any Other Family: Alternative Methods Of Defining Family In Law, Kris Franklin Jan 1991

A Family Like Any Other Family: Alternative Methods Of Defining Family In Law, Kris Franklin

Articles & Chapters

No abstract provided.


Feminist Jurisprudence: The 1990 Myra Bradwell Day Panel, Elizabeth M. Schneider, Lucinda M. Finley, Carin Clauss, Joan Bertin Jan 1991

Feminist Jurisprudence: The 1990 Myra Bradwell Day Panel, Elizabeth M. Schneider, Lucinda M. Finley, Carin Clauss, Joan Bertin

Journal Articles

No abstract provided.


O'Connor: A Dual Role - An Introduction, Stephen Wermiel Jan 1991

O'Connor: A Dual Role - An Introduction, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Gender, Legal Education And Legal Careers, Antoinette M. Sedillo Lopez, Lee Teitelbaum, Jeffrey Jenkins Jan 1991

Gender, Legal Education And Legal Careers, Antoinette M. Sedillo Lopez, Lee Teitelbaum, Jeffrey Jenkins

Faculty Scholarship

Much of the literature on the careers of women generally-as well as the smaller literature on the experiences of women in legal education and legal practice-supposes that women will follow different paths and have different experiences than men, and that this is and will be true because they are women. Some commentators on the relation between gender and the experience of legal professionals believe that women have distinctive modes of cognition or value orientations that shape their experience in the workplace, while others believe that social and cultural assumptions (held not only by employers but often by women themselves) are …


Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson Jan 1991

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 …


The Iroquois Great Law Of Peace And The United States Constitution: How The Founding Fathers Ignored The Clan Mothers, Renée Jacobs Jan 1991

The Iroquois Great Law Of Peace And The United States Constitution: How The Founding Fathers Ignored The Clan Mothers, Renée Jacobs

American Indian Law Review

No abstract provided.


Review Essay - Feminist Jurisprudence, Christina Whitman Jan 1991

Review Essay - Feminist Jurisprudence, Christina Whitman

Reviews

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 …


Domestic Violence: The District Of Columbia’S New Mandatory Arrest Law, Catherine F. Klein Jan 1991

Domestic Violence: The District Of Columbia’S New Mandatory Arrest Law, Catherine F. Klein

Scholarly Articles

No abstract provided.


Gender Stereotypes And Discriminatory Behaviors Toward Female Attorneys: The North Carolina Case, Michael L. Vasu, Ellen Storey Vasu Jan 1991

Gender Stereotypes And Discriminatory Behaviors Toward Female Attorneys: The North Carolina Case, Michael L. Vasu, Ellen Storey Vasu

Campbell Law Review

This article presents the results generated from the North Carolina Survey of Attorneys. The focus of this article is on attorneys' perceptions of professional activity levels, career choices, and gender stereotypes, as well as observations of discriminatory behavior toward female attorneys in court or chambers as perceived and reported by the lawyers in our sample.


Dissolving The Sameness/Difference Debate: A Post-Modern Path Beyond Essentialism In Feminist And Critical Race Theory, Joan C. Williams Jan 1991

Dissolving The Sameness/Difference Debate: A Post-Modern Path Beyond Essentialism In Feminist And Critical Race Theory, Joan C. Williams

Faculty Scholarship

No abstract provided.


Gender Wars: Selfless Women In The Republic Of Choice, Joan C. Williams Jan 1991

Gender Wars: Selfless Women In The Republic Of Choice, Joan C. Williams

Faculty Scholarship

No abstract provided.


Book Review. Married Women's Separate Property In England, 1660-1833 By Susan Staves, Michael Grossberg Jan 1991

Book Review. Married Women's Separate Property In England, 1660-1833 By Susan Staves, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.


Parental Leaves And Poor Women: Paying The Price For Time Off, Maria O'Brien Jan 1991

Parental Leaves And Poor Women: Paying The Price For Time Off, Maria O'Brien

Faculty Scholarship

This Article presents a critique of unpaid "parental" leaves and the parental leave legislation recently passed by Congress.1 Eight states have already enacted parental leave statutes of various kinds.' For the sake of simplicity and uniformity, however, this Article focuses on the proposed federal legislation3 and its anticipated effects on unemployed and underemployed women.4 Specifically, this Article argues that the debate about parental leave 5 has ignored the possibility that the cost of this mandated benefit is likely to be borne by poor, low-skill working women6 who will find that their job opportunities narrow as employers try to shift some …


Sounds Of Silence On The Civil Jury, Laura Dooley Jan 1991

Sounds Of Silence On The Civil Jury, Laura Dooley

Scholarly Works

Juries are hallowed institutions in our constitutional system. They are mentioned not once, but three times in the Bill of Rights, and had been earlier enshrined in Article III. At the heart of our exalted vision of the jury trial is the sense that juries should be reflective of the community which they are supposed to represent in the courtroom. Of course, many members of the relevant community have routinely been excluded from jury service, including women who comprise more than half of the population. Historically, the exclusion of women from civil jury service was a systematic and system-wide practice. …


Gestational Surrogacy And The Health Care Provider: Put Part Of The "Ivf Genie" Back Into The Bottle, Karen H. Rothenberg Dec 1990

Gestational Surrogacy And The Health Care Provider: Put Part Of The "Ivf Genie" Back Into The Bottle, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.


New York Law School Reporter, October 1990, New York Law School Oct 1990

New York Law School Reporter, October 1990, New York Law School

Student Newspapers

No abstract provided.


Economics, Feminism, And The Reinvention Of Alimony: A Reply To Ira Ellman, June Carbone Oct 1990

Economics, Feminism, And The Reinvention Of Alimony: A Reply To Ira Ellman, June Carbone

Vanderbilt Law Review

Divorce reform and gender roles are inextricably linked. When Lenore Weitzman chronicled the devastating consequences of divorce for most women, she described a legal system that, in an effort to be gender neutral in a formal sense, made no allowance for the domestic role women continue to perform. Herma Hill Kay, in reviewing Weitzman-inspired proposals to expand the scope of the financial awards made at divorce, nonetheless warned against encouraging "future couples entering marriage to make choices that will be economically disabling for women, thereby perpetuating their traditional financial dependence upon men and contributing to their inequality with men at …


Sex-Bias Topics In The Criminal Law Course: A Survey Of Criminal Law Professors, Nancy S. Erickson, Mary Ann Lamanna Oct 1990

Sex-Bias Topics In The Criminal Law Course: A Survey Of Criminal Law Professors, Nancy S. Erickson, Mary Ann Lamanna

University of Michigan Journal of Law Reform

This Article addresses the empirical question of whether law school curricula have advanced to the stage of integrating materials on gender-related topics into core courses, thus exposing students to gender-related topics in the law and presenting a perspective shaped by women's as well as men's experiences. We examine one of the central courses of the law school curriculum: criminal law. Although some of the attention directed to sex discrimination in law has focused on specific areas of criminal law such as rape and spouse abuse, a more systematic scrutiny of the substantive rules of criminal law and the ways in …


Women Lawyers And The Quest For Professional Identity In Late Nineteenth-Century America, Virginia G. Drachman Aug 1990

Women Lawyers And The Quest For Professional Identity In Late Nineteenth-Century America, Virginia G. Drachman

Michigan Law Review

Whenever Lelia Robinson, a nineteenth-century woman lawyer, prepared to take a case to court, she faced a particular problem what to do about her hat. "Shall the woman attorney wear her hat when arguing a case or making a motion in court," she asked in 1888, "or shall she remove it?" Robinson's question was not a frivolous matter of fashion, but a serious concern to every woman lawyer who entered the courtroom. As a proper lady of her day, it was not only appropriate that she wear a hat in public, it was expected of her. But as a lawyer, …


Practical Polyphony: Theories Of The State And Feminist Jurisprudence, Carol Weisbrod Jul 1990

Practical Polyphony: Theories Of The State And Feminist Jurisprudence, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.


Desire Of Law - Law Of Desire, Mark C. Taylor Jul 1990

Desire Of Law - Law Of Desire, Mark C. Taylor

Cardozo Law Review

No abstract provided.


Feminism Historicized: Medieval Misogynist Stereotypes In Contemporary Feminist Jurisprudence, Jeanne L. Schroeder Jul 1990

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.


Re-Vision Of The Bankruptcy System: New Images Of Individual Debtors, Karen Gross May 1990

Re-Vision Of The Bankruptcy System: New Images Of Individual Debtors, Karen Gross

Michigan Law Review

A Review of As We Forgive Our Debtors: Bankruptcy and Consumer Credit in American by Teresa A. Sullivan, Elizabeth Warren, and Jay Lawrene Westbrook


Nomos And Thanatos (Part B). Feminism As Jurisgenerative Transformation, Or Resistance Through Partial Incorporation?, Richard F. Devlin May 1990

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 …


Defending Women, Susan Estrich May 1990

Defending Women, Susan Estrich

Michigan Law Review

A Review of Justifiable Homicide: Battered Women, Self-Defense and The Law by Cynthia Gillespie


Feminism And Post-Structuralism, Joan C. Williams May 1990

Feminism And Post-Structuralism, Joan C. Williams

Michigan Law Review

A Review of The Female Body and the Law by Zillah R. Eisenstein