Law and Gender Commons^™

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.

Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West

Georgetown Law Faculty Publications and Other Works

During the 1980s a handful of state judges either held or opined in dicta what must be incontrovertible to the feminist community, as well as to most progressive legal advocates and academics: the so-called marital rape exemption, whether statutory or common law in origin, constitutes a denial of a married woman's constitutional right to equal protection under the law. Indeed, a more obvious denial of equal protection is difficult to imagine: the marital rape exemption denies married women protection against violent crime solely on the basis of gender and marital status. What possibly could be less rational than a statute …

Chapter 1: Abortion

Women's Annotated Legal Bibliography

Abortion — p. 1

Roe v. Wade and Webster v. Reproductive Health Services — p. 7

Minor’s Rights — p. 11

Chapter 4: Discrimination

Women's Annotated Legal Bibliography

Affirmative Action — p. 27

Employment, Gender and Racial Discrimination — p. 29

Private Club Discrimination — p. 39

Chapter 3: Child Abuse

Women's Annotated Legal Bibliography

No abstract provided.

Chapter 2: Battered Women

Women's Annotated Legal Bibliography

No abstract provided.

Chapter 6: Gay And Lesbian Issues

Women's Annotated Legal Bibliography

No abstract provided.

Chapter 5: Family Issues

Women's Annotated Legal Bibliography

Adoption and Surrogacy — p. 45

Child Custody — p. 50

Divorce and Related Financial Issues — p. 55

Educating and Housing Children — p. 63

Rights of Prisoners — p. 64

Interspousal Immunity — p. 66

Pregnancy and Motherhood — p. 68

Chapter 7: Health

Women's Annotated Legal Bibliography

Sexually Transmitted Diseases — p. 83

Fetal Tissue Transplants and Organ Donations — p. 86

Women and Work-Related Health Hazards — p. 88

Chapter 8: International Issues

Women's Annotated Legal Bibliography

No abstract provided.

Chapter 9: Obscenity, Pornography And Prostitution

Women's Annotated Legal Bibliography

No abstract provided.

Chapter 10: Rape

Women's Annotated Legal Bibliography

No abstract provided.

Chapter 11: Women And The Law

Women's Annotated Legal Bibliography

Changes in the Profession — p. 113

Feminist Jurisprudence and Legal Theory — p. 115

Education — p. 119

Professional Opportunities — p. 120

Chapter 12: Miscellaneous

Women's Annotated Legal Bibliography

No abstract provided.

Some Questions About Gender And The Death Penalty, Elizabeth Rapaport

Faculty Scholarship

No capital punishment statute classifies by gender, but it is arguable that gender bias infects the administration of capital punishment because the discretion of prosecutors, juries and judges is employed to the advantage of female murderers. Prior to Furman, capital punishment statutes typically gave sentencing authorities untrammelled discretion to mete out life or death. Although sentencing discretion has been substantially reduced in the modern death penalty regime, it remains arguable post-Furman that the sparseness of women on death row testifies to the discriminatory use of capital sentencing discretion. However, in light of the recent decision in McCleskey v. Kemp, in …

The Federal Judiciary Engendered, Carl W. Tobias

Law Faculty Publications

The dearth of women named to cabinet level positions in the George H.W. Bush Administration does not augur well for appointment of women to the federal bench. Equally discouraging was Mr. Bush's campaign response to the question whether there should be special efforts to select more women for the federal judiciary: "[I] remain committed to appointing to the bench the best qualified candidates we can find-regardless of ... gender--and the record shows that we have been successful in fulfilling this commitment. " The record compiled by the Administration in which he served as Vice-President for two terms was deplorable.

To …

Women In The Lawyering Process: The Complications Of Categories, Judy Scales-Trent

Journal Articles

No abstract provided.

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.

Fetal Tissue Research And Abortion: Do They Have A Future Together?, Angela M. Skerrett

Campbell Law Review

This Comment will examine fetal tissue research as it relates to the issue of abortion. First, the Comment discusses the current status of fetal tissue research. Second, the Comment looks at the influence of abortion on fetal tissue research, including constitutional and ethical issues. Third, the Comment examines the future of fetal tissue research. Finally, this Comment will conclude that the attitudes, opinions and laws concerning abortion will play a major role in determining the future of fetal tissue research.

Webster V. Reproductive Health Services: A Path To Constitutional Equilibrium, Mark E. Chopko

Campbell Law Review

This Article is intended as part of a symposium and a debate on substantive due process and the decision in Webster v. Reproductive Health Services. This writer, although here a commentator on the law, does have an opinion on the ultimate question: Roe v. Wade was wrongly decided.

Sameness Feminism And The Work/Family Conflict, Joan C. Williams

Faculty Scholarship

No abstract provided.

Women In The Aids Epidemic: A Portrait Of Unmet Needs, Arlene Zarembka, Katherine M. Franke

Faculty Scholarship

While rarely a month goes by that the topic of AIDS escapes discussion in the legal literature, a survey of legal publications reveals that the implications of AIDS for women has received scant treatment by legal commentators. Unfortunately, this neglect is not unique to the legal community, but reflects a larger societal disinterest in women with AIDS.

In fact, this epidemic looks quite different from the perspective of women. The medical, social, and legal needs of women affected by AIDS are in many ways needs that preexisted AIDS, but which have been magnified by the threat and implications of HIV …

Reflections On Identity, Diversity And Morality, Deborah W. Post

Scholarly Works

The author reflects over events in her life that helped her define herself and her ethical identity, a black woman teacher.

Whose Nature? Practical Reason And Patriarchy, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

Feminism's Search For The Feminine: Essentialism, Utopianism, And Community, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.

Whose Nature? Practical Reason And Patriarchy, Lynne Henderson

Scholarly Works

No abstract provided.

The Obliging Shell: An Informal Essay On Formal Equal Opportunity, Patricia Williams

Michigan Law Review

I am struck by the Court's use of the word "equality" in the last line of its holding. It seems an extraordinarily narrow use of "equality," when it excludes from consideration so much clear inequality. It, again, resembles the process by which the Parol Evidence Rule limits the meaning of documents or words by placing beyond the bounds of reference anything that is inconsistent, or, depending on the circumstances, even that which is supplementary. It is this lawyerly language game of exclusion and omission that is the subject of the rest of this essay.

Finding A "Manifest Imbalance": The Case For A Unified Statistical Test For Voluntary Affirmative Action Under Title Vii, David D. Meyer

Michigan Law Review

This Note analyzes the "manifest imbalance" standard developed in Weber and Johnson and the various approaches the lower courts have taken in trying to apply the test. Part I examines the Weber and Johnson opinions in some detail, and argues that the Court intended to permit affirmative action aimed at remedying the evident effects of past discrimination, regardless of whether the employer or society at large is to blame. Section I.A describes the diverging constitutional and statutory standards for evaluating voluntary affirmative action programs, and the policies behind the divergence. Sections I.B and I.C take a closer look at the …

Gender Discrimination And The Transformation Of Workplace Norms, Kathryn Abrams

Vanderbilt Law Review

Lately when I talk about gender, I am often confronted with the message that women's equality has already been achieved. A colleague may provide this insight, or a complete stranger waiting in a grocery line. But the thought was most succinctly expressed by a student who grew impatient with my activism. "I don't understand," she declared."Women have gotten just about everything they wanted. Don't they see that the time for militancy is over?" Perhaps this response should come as no surprise. The battle for the Equal Rights Amendment has been lost, but in salient ways our society seems to have …

Mother-Love And Abortion: A Legal Interpretation, Darleen Darnell

Michigan Law Review

A Review of Mother-Love and Abortion: A Legal Interpretation by Robert D. Goldstein