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Articles 1 - 15 of 15
Full-Text Articles in Legal History
Centering Women In Prisoners' Rights Litigation, Amber Baylor
Centering Women In Prisoners' Rights Litigation, Amber Baylor
Amber Baylor
This Article consciously employs both a dignity rights-based framing and methodology. Dignity rights are those rights that are based on the Kantian assertion of “inalienable human worth.”29 This framework for defining rights spans across a number of disciplines, including medicine and human rights law.30 Disciplinary sanctions like solitary confinement or forced medication might be described as anathema to human dignity because of their degrading effect on an individual’s emotional and social well-being.
This Article relies on first-person oral histories where possible. Bioethics scholar Claire Hooker argues that including narratives in work on dignity rights “is both a moral and an …
The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan
The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan
Felice J Batlan
Women And Justice For The Poor: A History Of Legal Aid, 1863–1945, Felice Batlan
Women And Justice For The Poor: A History Of Legal Aid, 1863–1945, Felice Batlan
Felice J Batlan
No abstract provided.
"Well-Behaved Women Don't Make History": Rethinking English Family, Law, And History, Danaya C. Wright
"Well-Behaved Women Don't Make History": Rethinking English Family, Law, And History, Danaya C. Wright
Danaya C. Wright
In 1857 Parliament finally succumbed to public and political pressure and passed a bill creating a domestic relations court: the Court for Divorce and Matrimonial Causes. This new court for the first time in common-law history, combined the following jurisdictions: the ecclesiastical court's jurisdiction over marital validity and separation; the Chancery court's jurisdiction over child custody and equitable estates; the common-law court's jurisdiction over property; and Parliament's jurisdiction over divorce and marital settlements. Wives were given the legal right to seek a divorce or judicial separation in a court of law, receive custody of the children of the marriage, and …
Tell Us A Story, But Don't Make It A Good One: Resolving The Confusion Regarding Emotional Stories And Federal Rule Of Evidence 403, Cathren Page
Cathren Page
Abstract: Tell Us a Story, But Don’t Make It A Good One: Resolving the Confusion Regarding Emotional Stories and Federal Rule of Evidence 403 by Cathren Koehlert-Page Courts need to reword their opinions regarding Rule 403 to address the tension between the advice to tell an emotionally evocative story at trial and the notion that evidence can be excluded if it is too emotional. In the murder mystery Mystic River, Dave Boyle is kidnapped in the beginning. The audience feels empathy for Dave who as an adult becomes one of the main suspects in the murder of his friend Jimmy’s …
Legal History And The Politics Of Inclusion, Felice Batlan
Legal History And The Politics Of Inclusion, Felice Batlan
Felice J Batlan
Deadly Dicta: Roe’S “Unwanted Motherhood”, Gonzales’S “Women’S Regret” And The Shifting Narrative Of Abortion Jurisprudence, Stacy A. Scaldo
Deadly Dicta: Roe’S “Unwanted Motherhood”, Gonzales’S “Women’S Regret” And The Shifting Narrative Of Abortion Jurisprudence, Stacy A. Scaldo
Stacy A Scaldo
For thirty-four years, the narrative of Supreme Court jurisprudence on the issue of abortion was firmly focused on the pregnant woman. From the initial finding that the right to an abortion stemmed from a constitutional right to privacy[1], through the test applied and refined to determine when that right was abridged[2], to the striking of statutes found to over-regulate that right[3], the conversation from the Court’s perspective maintained a singular focus. Pro-life arguments focusing on the fetus as the equal or greater party of interest were systematically pushed aside by the Court.[4] The consequences of an unwanted pregnancy, or as …
Jus Sanguinis: Determining Parentage For Assisted Reproduction Children Born Overseas, Kristine Knaplund
Jus Sanguinis: Determining Parentage For Assisted Reproduction Children Born Overseas, Kristine Knaplund
Kristine Knaplund
Jus Sanguinis: Determining Citizenship for Assisted Reproduction Children Born Overseas Professor Kristine S. Knaplund Abstract The United States has long followed the English common law view that citizenship can be attained at birth in two ways: by being born in the U.S. (jus soli), or by being born abroad as the child of a U.S. citizen (jus sanguinis). The first, jus soli, is now part of the 14th amendment to the U.S. Constitution: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the state wherein they reside.” …
Spirit Injury And Feminism: Expanding The Discussion, Nick J. Sciullo
Spirit Injury And Feminism: Expanding The Discussion, Nick J. Sciullo
Nick J. Sciullo
To discuss spirit injury, it is at first necessary to articulate a space in the theoretical diaspora to conceptualize spirit injury as a concept deeply tied to the historical tradition of several theoretical frameworks. “Spirit injury” is a phrase popularized by critical race feminist Adrien Katherine Wing. It is a term utilized in critical race feminism (CRF) that brings together insights from critical legal studies (CLS) and critical race theory (CRT). Wing’s training is as a lawyer and legal scholar, not as a communication scholar, yet her work may help communication scholars more keenly theorize harm and violence. Her scholarship …
Women's Legal History Symposium Introduction: Making History, Felice J. Batlan
Women's Legal History Symposium Introduction: Making History, Felice J. Batlan
Felice J Batlan
This essay introduces the Chicago-Kent Symposium on Women's Legal History: A Global Perspective. It seeks to situate the field of women's legal history and to explore what it means to begin writing a transnational women's history which transcends and at times disrupts the nation state. In doing so, it sets forth some of the fundamental premises of women's legal history and points to new ways of writing such histories.
The Birth Of Legal Aid: Gender Ideologies, Women, And The Bar In New York City, 1863-1910, Felice J. Batlan
The Birth Of Legal Aid: Gender Ideologies, Women, And The Bar In New York City, 1863-1910, Felice J. Batlan
Felice J Batlan
Behavioral Economic Issues In American & Islamic Marriage & Divorce Law, Ryan M. Riegg
Behavioral Economic Issues In American & Islamic Marriage & Divorce Law, Ryan M. Riegg
Ryan M. Riegg
The Ladies' Health Protective Association: Lay Lawyers And Urban Cause Lawyering, Felice J. Batlan
The Ladies' Health Protective Association: Lay Lawyers And Urban Cause Lawyering, Felice J. Batlan
Felice J Batlan
Comparing Remedies For School Desegregation And Employment Discrimination.Pdf, Candace Kovacic-Fleischer
Comparing Remedies For School Desegregation And Employment Discrimination.Pdf, Candace Kovacic-Fleischer
Candace Kovacic-Fleischer
A Journal Of One's Own? Beginning The Project Of Historicizing The Development Of Women's Law Journals, Felice J. Batlan
A Journal Of One's Own? Beginning The Project Of Historicizing The Development Of Women's Law Journals, Felice J. Batlan
Felice J Batlan