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Full-Text Articles in Law and Gender

Women's Annotated Legal Bibliography Staff, Vol. 3 (1988) Jan 1988

Women's Annotated Legal Bibliography Staff, Vol. 3 (1988)

Women's Annotated Legal Bibliography

No abstract provided.


Acknowledgments Jan 1988

Acknowledgments

Women's Annotated Legal Bibliography

No abstract provided.


Table Of Contents - Women's Annotated Legal Bibliography, Vol. 3 (1988) Jan 1988

Table Of Contents - Women's Annotated Legal Bibliography, Vol. 3 (1988)

Women's Annotated Legal Bibliography

No abstract provided.


Chapter 1: Abortion Jan 1988

Chapter 1: Abortion

Women's Annotated Legal Bibliography

Cases — p. 1

Annotations — p. 2

Legal Personhood — p. 5


Chapter 2: Battered Women Jan 1988

Chapter 2: Battered Women

Women's Annotated Legal Bibliography

Cases — p. 11

Expert Testimony — p. 11

Legal Responses — p. 13

Miscellaneous — p. 15


Chapter 3: Family Jan 1988

Chapter 3: Family

Women's Annotated Legal Bibliography

Cases — p. 20

Family Law Surveys — p. 28

Child Abuse — p. 29

Evidentiary Issues in Child Abuse Cases — p. 32

Children’s Legal Rights — p. 39

Divorce — p. 45

Mediation & Alternative Dispute Resolution — p. 48

Property Division — p. 49

Valuation of Professional Degrees, Licenses & Goodwill — p. 54

Tax — p. 58

Child Custody & Support — p. 60

Adoption — p. 73

Native Americans — p. 76


Chapter 6: International Jan 1988

Chapter 6: International

Women's Annotated Legal Bibliography

Annotations — p. 97


Chapter 7: Obscenity, Pornography & Prostitution Jan 1988

Chapter 7: Obscenity, Pornography & Prostitution

Women's Annotated Legal Bibliography

Case — p. 101

Annotations — p. 101


Chapter 5: Health Jan 1988

Chapter 5: Health

Women's Annotated Legal Bibliography

Cases — p. 85

Contraceptives & Birth — p. 85

DES — p. 87

Genetics — p. 88

Reproductive Technology & Surrogacy — p. 89

Miscellaneous — p. 96


Chapter 8: Sex Discrimination Jan 1988

Chapter 8: Sex Discrimination

Women's Annotated Legal Bibliography

Cases — p. 107

Employment Discrimination — p. 108

Equal Pay — p. 111

Legal Profession — p. 115

Title VII — p. 118

Title IX — p. 125

Miscellaneous — p. 126


Chapter 9: Miscellany Jan 1988

Chapter 9: Miscellany

Women's Annotated Legal Bibliography

Annotations — p. 131


The 1987 James Mccormick Mitchell Lecture—Looking Toward The Future: Feminism And Reproductive Technologies, Isabel Marcus, Rhonda Copelon, Ruth Hubbard, Barbara Katz Rothman, Barbara Omolade Jan 1988

The 1987 James Mccormick Mitchell Lecture—Looking Toward The Future: Feminism And Reproductive Technologies, Isabel Marcus, Rhonda Copelon, Ruth Hubbard, Barbara Katz Rothman, Barbara Omolade

Buffalo Law Review

No abstract provided.


Social Control: Analytical Tool Or Analytical Quagmire?, Shelley A. M. Gavigan, Dorothy E. Chunn Jan 1988

Social Control: Analytical Tool Or Analytical Quagmire?, Shelley A. M. Gavigan, Dorothy E. Chunn

Articles & Book Chapters

There is probably no concept which is used more widely and with less precision than that of 'social control'. Given the lack of agreement about what 'social control' is, researchers usually employ the term in one of two ways. Either they assume that its meaning is obvious and requires no clarification, or, they begin with a perfunctory acknowledgment of the definitional problems associated with the concept and proceed to use it anyway. The eclecticism of the latter approach has stimulated attempts over the years to produce a universally applicable definition of 'social control' that could be empioyed both systematically and …


Task Force Reports On Women In The Courts: The Challenge For Legal Education, Elizabeth M. Schneider Jan 1988

Task Force Reports On Women In The Courts: The Challenge For Legal Education, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


Scope And Features Jan 1988

Scope And Features

Women's Annotated Legal Bibliography

No abstract provided.


Table Of Cases Jan 1988

Table Of Cases

Women's Annotated Legal Bibliography

No abstract provided.


Chapter 4: Gay & Lesbian Issues Jan 1988

Chapter 4: Gay & Lesbian Issues

Women's Annotated Legal Bibliography

Constitutional Issues — p. 79

Discrimination — p. 82

Miscellaneous — p. 83


Pornography And Obscenity Sold In "Adult Bookstores": A Survey Of 5132 Books, Magazines, And Films In Four American Cities, Park Elliott Dietz, Alan E. Sears Jan 1988

Pornography And Obscenity Sold In "Adult Bookstores": A Survey Of 5132 Books, Magazines, And Films In Four American Cities, Park Elliott Dietz, Alan E. Sears

University of Michigan Journal of Law Reform

During the eighteen months that the Attorney General's Commission on Pornography (the Commission) conducted public hearings, public discussion, and staff research, one of the most common types of inquiry directed to the staff consisted of questions as to the content of pornography currently available in the United States. Critics of the Commission's work asserted that the pornography used as exhibits by witnesses at the public hearings was extreme, not commonly available, or unrepresentative of that sold in pornography retail outlets; The only pertinent, quantitative data available to the Commission appeared in a single report in the American Journal of Psychiatry …


Brief Amici Curiae Of Feminist Anti-Censorship Taskforce, Et Al., In American Booksellers Association V. Hudnut, Nan D. Hunter, Sylvia A. Law Jan 1988

Brief Amici Curiae Of Feminist Anti-Censorship Taskforce, Et Al., In American Booksellers Association V. Hudnut, Nan D. Hunter, Sylvia A. Law

University of Michigan Journal of Law Reform

The document that follows represents both a legal brief and a political statement. It was written for two purposes: to mobilize, in a highly visible way, a broad spectrum of feminist opposition to the enactment of laws expanding state suppression of sexually explicit material; and to place before the Court of Appeals for the Seventh Circuit a cogent legal argument for the constitutional invalidity of an Indianapolis municipal ordinance that would have permitted private civil suits to ban such material, purportedly to protect women. Drafting this brief was one of the most demanding and exhilarating assignments either author has yet …


Introduction, Lillian R. Bevier Jan 1988

Introduction, Lillian R. Bevier

University of Michigan Journal of Law Reform

The Articles in this Symposium vividly demonstrate that the reason that the pornography debate is no longer at the forefront of national consciousness is surely not that the phenomenon itself has disappeared. Nor is it that we have achieved anything approaching consensus, for we cannot seem to agree even about what pornography is, much less about its harms or benefits. Nor is it even that we have suddenly discovered and begun to deploy, from tools long available in our legal arsenal, enforcement strategies promising cures less harmful than the disease. Quite the . contrary. As the editors of this journal …


The Right To Speak, The Right To Hear, And The Right Not To Hear: The Technological Resolution To The Cable/Pornography Debate, Michael I. Meyerson Jan 1988

The Right To Speak, The Right To Hear, And The Right Not To Hear: The Technological Resolution To The Cable/Pornography Debate, Michael I. Meyerson

University of Michigan Journal of Law Reform

This Article concludes that the power of government to regulate cable pornography is limited to that which is legally obscene. Part I reviews Supreme Court cases delineating the relationship between the rights of privacy in the home and of freedom of speech. Part II demonstrates that the technology of cable television provides the solution to the pornography dilemma. Cable television preserves both privacy and speech interests because individual subscribers can be given the physical means to block out programming they find personally offensive without affecting the ability of others to receive that programming. Where such accommodation of interests is permissible, …


Pornography Is A Civil Rights Issue For Women, Andrea Dworkin Jan 1988

Pornography Is A Civil Rights Issue For Women, Andrea Dworkin

University of Michigan Journal of Law Reform

My name is Andrea Dworkin. I am a citizen of the United States, and in this country where I live, every year millions and millions of pictures are being made of women with our legs spread. We are called beaver, we are called pussy, our genitals are tied up, they are pasted, makeup is put on them to make them pop out of a page at a male viewer. Millions and millions of pictures are made of us in postures of submission and sexual access so that our vaginas are exposed for penetration, our anuses are exposed for penetration, our …


The New Reproductive Technologies And The Law: A Roman Catholic Perspective, William J. Wagner Jan 1988

The New Reproductive Technologies And The Law: A Roman Catholic Perspective, William J. Wagner

Scholarly Articles

In the next several years, the new reproductive technologies will, for better or worse, affect the civil law governing society's most basic relationships and the rights and duties that accompany them. As lawmakers deliberate over the social choices required by technological developments in human reproduction, the soundness of their decisions will depend on their understanding of the good that is at risk, and on their commitment to the law's role in defending it. In view of the fundamental nature of the societal relationships implicated, who will deny that much currently depends on the quality of lawmakers' decisions?

This article draws …


Lesbians, Gays And Feminist At The Bar: Translating Personal Experience Into Effective Legal Argument - A Symposium, Elizabeth M. Schneider Jan 1988

Lesbians, Gays And Feminist At The Bar: Translating Personal Experience Into Effective Legal Argument - A Symposium, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


Economic Man And Literary Woman: One Contrast, Robin West Jan 1988

Economic Man And Literary Woman: One Contrast, Robin West

Georgetown Law Faculty Publications and Other Works

The law and literature movement has been with us long enough that it is now possible to speak seriously of a "literary analysis of law," just as it has become possible, and even standard, to speak of an "economic analysis of law." It is also standard, of course, to speak of that abstract character who has emerged from the economic analysis of law: "economic man." In these brief comments, I want to offer one contrast of the "economic man" that emerges from economic legal analysis with the "literary person" that is beginning to emerge from literary legal analysis. I will …


Jurisprudence And Gender, Robin West Jan 1988

Jurisprudence And Gender, Robin West

Georgetown Law Faculty Publications and Other Works

What is a human being? Legal theorists must, perforce, answer this question: jurisprudence, after all, is about human beings. The task has not proven to be divisive. In fact, virtually all modern American legal theorists, like most modern moral and political philosophers, either explicitly or implicitly embrace what I will call the "separation thesis" about what it means to be a human being: a "human being," whatever else he is, is physically separate from all other human beings. I am one human being and you are another, and that distinction between you and me is central to the meaning of …


A Civil Liberties Analysis Of Surrogacy Arrangements, Lawrence O. Gostin Jan 1988

A Civil Liberties Analysis Of Surrogacy Arrangements, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

In this essay the author comes to the following conclusions based upon a civil liberties analysis. First, surrogacy arrangements cannot be prohibited or criminalized. Second, the state cannot ban the exchange of money for surrogacy services, provided the money is paid for conception, gestation, and birth. Money, however, cannot be paid on condition that the gestational mother waive her parental rights over the child. Third, contractual provisions that require the gestational mother to waive her parental rights or her rights to privacy and autonomy are void and unenforceable. Fourth, when the child is born, both the gestational mother and the …


Gender Justice And Its Critics, Neal Devins Jan 1988

Gender Justice And Its Critics, Neal Devins

Faculty Publications

No abstract provided.


Law And Sex, Christina B. Whitman Jan 1988

Law And Sex, Christina B. Whitman

Reviews

In Feminism Unmodified, a collection of speeches given between 1981 and 1986, Catharine MacKinnon talks of law from the perspective of feminism. MacKinnon does not approach her topic as a lawyer with a uniquely legal perspective on feminism; she brings, instead, a distinctively feminist approach to law. Nor is the feminism from which she speaks grounded in the standard political theories: MacKinnon disclaims and attacks the Marxist approach to feminism, the socialist approach to feminism, and, most emphatically and repeatedly, the liberal approach to feminism that has been embraced by many lawyers in their effort to use law to eliminate …


Gender Issues And The Prosser, Wade, And Schwartz Torts Casebook, Carl W. Tobias Jan 1988

Gender Issues And The Prosser, Wade, And Schwartz Torts Casebook, Carl W. Tobias

Law Faculty Publications

Feminist jurisprudence is burgeoning. During the 1980s, there has been much excellent work in areas such as legal theory and practice, women's legal history, and specific substantive fields of law. Some law faculty also have analyzed gender bias in legal casebooks. Moreover, the eighth edition of William Prosser's renowned Cases and Materials on Torts, the most widely used torts casebook in American law schools, is scheduled for classroom use in the autumn of 1988. All of these developments make this a promising time to consider gender issues and Prosser, Wade, and Schwartz. This paper is meant to begin that discussion …