Law and Gender Commons^™

Women And Contracts: No New Deal, Elizabeth S. Anderson

Michigan Law Review

A Review of The Sexual Contract by Carole Pateman

The New Politics Of Pornography, René L. Todd

Michigan Law Review

A Review of The New Politics of Pornography by Donald A. Downs

Justice, Gender And The Family, Christine A. Pagac

Michigan Law Review

A Review of Justice, Gender and the Family by Susan Moller Okin

History's Challenge To Feminism, Jeanne L. Schroeder

Michigan Law Review

A Review of Law, Sex, and Christian Society in Medieval Europe by James A. Brundage

Toward An Expanded Conception Of Law Reform: Sexual Harassment Law And The Reconstruction Of Facts, Holly B. Fechner

University of Michigan Journal of Law Reform

This Note uses feminist reform of sexual harassment law to show how the reconstruction of factual descriptions can lead to change in the law. Part I describes the feminist methodology of consciousness raising and analyzes Catharine MacKinnon's Sexual Harassment of Working Women as an example of a successful consciousness-raising tool. Part II discusses sexual harassment doctrine and presents a case study illustrating how changing the way legal decision makers think about facts can lead to law reform. Part III discusses how social construction theory aids understanding of changes in sexual harassment law.

Lessons Of Difference: Feminist Theory On Cultural Diversity, Nitya Duclos

Buffalo Law Review

No abstract provided.

Status And Contract In Surrogate Motherhood: An Illumination Of The Surrogacy Debate, Janet L. Dolgin

Buffalo Law Review

No abstract provided.

Terminally Ill And Pregnant: State Denial Of A Woman's Right To Refuse A Cesarean Section, Jennifer Beulah Lew

Buffalo Law Review

No abstract provided.

A Matter Of Difference: Domestic Contracts And Gender Equality, Brenda Cossman

Osgoode Hall Law Journal

This essay explores the feminist debates around gender difference and gender equality in the context of the Supreme Court of Canada's Pelech trilogy. It argues that the Court's approach to the enforcement of separation agreements does not adequately account for gender difference. Based on feminist critiques of difference, the essay then suggests an approach which might allow us to move beyond the dilemmas that difference presents to feminist legal theory and practice, and to the enforcement of separation agreements in particular.

Women, Politics, And The Nineties: The Abortion Debate, Susan Estrich

New England Journal of Public Policy

The fight for political empowerment of women may finally break wide open over the issues of reproductive freedom. This article posits that while public attention has focused on courtroom attempts to limit Roe v. Wade, the issues will ultimately be decided in the political arena. Here, Estrich says, the framer of the question may be the ultimate victor. For those on the pro-choice side of the debate, the next election cycle may be their first real opportunity to vote as a bloc and wield real political power.

From The Bar To The Bar: Prevailing Despite Gender Bias, Nancy Woolley

New England Journal of Public Policy

The report of the Gender Bias Study of the Supreme Judicial Court of the Commonwealth of Massachusetts was released in May 1989. After a thorough study of the areas of family law, domestic violence and sexual assault, criminal and juvenile justice, civil damage awards, gender bias in courthouse interactions, and court personnel, the study committee concluded that there was significant gender-based bias in the courts. The following article demonstrates how bias affected one woman and her children, and how, in spite of it and with the help of individuals and institutions in the private sector, she has attained empowerment and …

The New York Law School Reporter, Vol 7, No. 9, March 1990, New York Law School

Student Newspapers

No abstract provided.

Women, Mothers, And The Law Of Fright: A History, Martha Chamallas, Linda K. Kerber

Michigan Law Review

This article presents a gendered history of the law's treatment of fright-based physical injuries. Our goal is to connect the law of fright to the changing cultural and intellectual forces of the twentieth century. Through a feminist lens, we reexamine the accounts of the legal treatment of fright-based injuries offered by Victorian-erajurists, traditionalist legal scholars of the first two decades of the twentieth century, a legal realist in the 1930s, and a Freudian medical-legal commentator from the 1940s, all of whom helped to shape present-day tort doctrine. We conclude with an account of Dillon v. Legg, in which the …

Gender Bias In The Classrom, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

Women And Aids - Racism, Sexism, And Classism, Taunya L. Banks

Faculty Scholarship

No abstract provided.

New York V. Sullivan: Shhh .... Don't Say The A Word - Another Outcome-Oriented Abortion Decision, 23 J. Marshall L. Rev. 753 (1990), Christopher C. Kendall

UIC Law Review

No abstract provided.

Improving Substance Abuse Treatment For Women, Brenda V. Smith

Scholarly Articles in Law Reviews & Journals

Alcohol and other drug use among women of child-bearing age has increased dramatically, and, as a result, more pregnant women are faced with alcohol and other drug problems. The only known national estimate suggests that 11 percent of pregnant women used illegal drugs during their pregnancy. Although pregnant crack-addicted women have received the most media attention, the problem is no less serious for alcohol and other drugs.

Alcohol and other drug use during pregnancy has negative physical and psychological consequences for both the mother and the child. Alcoholic mothers are at risk of having infants with fetal alcohol syndrome, which …

Refocusing Abortion Jurisprudence To Include The Woman: A Response To Bopp And Coleson And Webster V. Reproductive Health Services, Barbara Cox

Faculty Scholarship

This Article seeks to refocus the abortion debate to include the impact of unwanted pregnancy on women. The first two sections of this Article challenge Bopp and Coleson's argument that a woman's right to choose an abortion enjoys no constitutional basis and that Roe should be reversed. A woman's constitutionally protected liberty and privacy rights are directly implicated by the state imposed pregnancy that results from restricted access to abortion. The third section disputes Bopp and Coleson's claim that the abortion right has become virtually inviolate, not subject to the state restrictions that the Court has allowed for other aspects …

Proving Discrimination After Price Waterhouse And Wards Cove, Candace Kovacic-Fleischer

Scholarly Articles in Law Reviews & Journals

INTRODUCTION Anyone involved in litigation under Title VII of the Civil Rights Act of 19641 or similar state statutes may wonder what is entailed in proving or disproving discrimination after the United States Supreme Court's October 1988 Term. In fact, in the pending Civil Rights Act of 1990, Congress is considering reversing some of what the Supreme Court did during that Term. One of the issues that the Supreme Court addressed during the 1988 Term involved allocating burdens of proof in two major types of Title VII claims, dis- parate-treatment and disparate-impact. Price Waterhouse v. Hopkins, dealt with a disparate-treatment …

Brasci V. Stahl: Family Redefined, Eileen Kaspar

NYLS Journal of Human Rights

No abstract provided.

Explaining The Legal System's Inadequate Response To The Abuse Of Women: A Lack Of Coordination, Matthew Litsky

NYLS Journal of Human Rights

No abstract provided.

Judicial Review And Abortion In Canada: Lessons For The United States In The Wake Of Webster V. Reproductive Health Services, 61 U. Colo. L. Rev. 537 (1990), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

"Portrait Of A Lady": The Woman Lawyer In The 1980s, Stacy Caplow, Shira A. Scheindlin

Faculty Scholarship

No abstract provided.

A Proposal To Illinois Legislators: Revise The Illinois Criminal Code To Include Criminal Sanctions Against Prenatal Substance Abusers, 23 J. Marshall L. Rev. 393 (1990), Kathryn Schierl

UIC Law Review

No abstract provided.

Why Abortion Rights Are Not Justified By Reference To Gender Equality: A Response To Professor Tribe, 23 J. Marshall L. Rev. 621 (1990), David F. Smolin

UIC Law Review

No abstract provided.

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

Articles, Book Chapters, & Popular Press

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 …

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

Articles, Book Chapters, & Popular Press

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 …

Challenging Law, Establishing Differences: The Future Of Feminist Legal Scholarship, Martha Albertson Fineman

Faculty Articles

I begin with my version of the ideally antagonistic interaction of feminist theory with the law. I locate my discussion between the extremes of grand theory and unique experience. I consider the central, pressing task of feminist theory to be challenging existing law and legal doctrines through the articulation and establishment of a theory of difference. In this essay I divide my discussion of the theory of difference into two sections. The first section concerns the theoretical and political necessity of establishing the differences between men and women. Articulation of the extent of this manifestation of difference illustrates that the …

Women's Annotated Legal Bibliography Staff, Vol. 5 (1990)

Women's Annotated Legal Bibliography

No abstract provided.

Table Of Contents - Women's Annotated Legal Bibliography, Vol. 4 (1990)

Women's Annotated Legal Bibliography

No abstract provided.