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The Possibility Of Compromise: Antiabortion Moderates After Roe V. Wade, 1973–1980, Mary Ziegler 2012 Chicago-Kent College of Law

The Possibility Of Compromise: Antiabortion Moderates After Roe V. Wade, 1973–1980, Mary Ziegler

Chicago-Kent Law Review

Leading studies argue that Roe itself radicalized debate and marginalized antiabortion moderates, either by issuing a sweeping decision before adequate public support had developed or by framing the opinion in terms of moral absolutes. The polarization narrative on which leading studies rely obscures important actors and arguments that defined the antiabortion movement of the 1970s. First, contrary to what the polarization narrative suggests, self-identified moderates played a significant role in the mainstream antiabortion movement, shaping policies on issues like the treatment of unwed mothers or the Equal Rights Amendment. Working in organizations like Feminists for Life (FFL) or American Citizens …


Adultery By Doctor: Artificial Insemination, 1890–1945, Kara W. Swanson 2012 Chicago-Kent College of Law

Adultery By Doctor: Artificial Insemination, 1890–1945, Kara W. Swanson

Chicago-Kent Law Review

In 1945, American judges decided the first court cases involving assisted conception. The challenges posed by assisted reproductive technologies to law and society made national news then, and have continued to do so into the twenty-first century. This article considers the first technique of assisted conception, artificial insemination, from the late nineteenth century to 1945, the period in which doctors and their patients worked to transform it from a curiosity into an accepted medical technique, a transformation that also changed a largely clandestine medical practice into one of the most pressing medicolegal problems of the mid-twentieth century. Doctors and lawyers …


Portia's Deal, Karen M. Tani 2012 Chicago-Kent College of Law

Portia's Deal, Karen M. Tani

Chicago-Kent Law Review

The New Deal, one of the greatest expansions of government in U.S. history, was a "lawyers' deal": it relied heavily on lawyers' skills and reflected lawyers' values. Was it exclusively a "male lawyers' deal"? This Essay argues that the New Deal offered important opportunities to women lawyers at a time when they were just beginning to graduate from law school in significant numbers. Agencies associated with social welfare policy, a traditionally "maternalist" enterprise, seem to have been particularly hospitable. Through these agencies, women lawyers helped to administer, interpret, and create the law of a new era. Using government records and …


Women And Poisons In 17th Century France, Benedetta Faedi Duramy 2012 Chicago-Kent College of Law

Women And Poisons In 17th Century France, Benedetta Faedi Duramy

Chicago-Kent Law Review

This article examines the involvement of the Marquise de Brinvilliers, Catherine La Voisin, and the Marquise de Montespan, in the scandal "Affair of the Poisons," during the seventeenth century in France. Through such investigation, this article interrogates the discourse surrounding gender and crime in history, deepening the understanding of women's motivation to commit murder and the strategies they adopted. Moreover, the article examines how the legal system addressed women's crime, differentiated responses based on their class and social rank, and held women accountable for poisoning the country, thus failing to acknowledge the actual shortcomings of the French monarchy, the decline …


Respectable Queerness, yuvraj joshi 2012 Brooklyn Law School

Respectable Queerness, Yuvraj Joshi

Faculty Scholarship

No abstract provided.


The Politics Of The Empowerment Of Women: Mapping Enabling Environments Within Narratives Of Femininity And Power, Jinn Winn Chong 2012 William & Mary Law School

The Politics Of The Empowerment Of Women: Mapping Enabling Environments Within Narratives Of Femininity And Power, Jinn Winn Chong

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The Anatomy Of A Helping Hand: Women-Owned Small Businesses And Federal Contract Procurement, Lillian F. McManus 2012 William & Mary Law School

The Anatomy Of A Helping Hand: Women-Owned Small Businesses And Federal Contract Procurement, Lillian F. Mcmanus

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Aimed At Protecting Ethnic Groups Or Women? A Look At Forced Pregnancy Under The Rome Statute, Alyson M. Drake 2012 William & Mary Law School

Aimed At Protecting Ethnic Groups Or Women? A Look At Forced Pregnancy Under The Rome Statute, Alyson M. Drake

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Renegotiating The Social Contract, Jennifer S. Hendricks 2012 University of Tennessee College of Law

Renegotiating The Social Contract, Jennifer S. Hendricks

Michigan Law Review

Despite an economic recession and record levels of personal bankruptcy filings due to healthcare costs, President Obama's healthcare reform initiative sparked a season of protests. A "public option"-not to mention a single-payer system-was off the table even before the discussion began. As the question of the reform package's constitutionality wound its way to the Supreme Court, it became clear that a substantial number of American people do not want their government helping them stay alive. In this climate, it is difficult to imagine an America in which the state is an accepted partner in meeting the challenges and responsibilities of …


Chief Justice Christine M. Durham: Trailblazer, Pioneer, Exemplar, andré douglas pond cummings 2012 University of Arkansas at little Rock William H. Bowen School of Law

Chief Justice Christine M. Durham: Trailblazer, Pioneer, Exemplar, André Douglas Pond Cummings

Law Faculty Scholarship

In 1978, Christine M. Durham was appointed, in a historic moment, to serve as trial judge to the third judicial district court in the state of Utah by then Governor Scott Matheson. Lost in the appropriate fanfare connected to her groundbreaking appointment as the first woman to serve as a general jurisdiction judge in the state of Utah, was the fact that she would also become the youngest person ever appointed to a judicial post in that great state. Just four years later, this young thirty-something female judge would be elevated by Matheson to sit on the Supreme Court of …


The Aals Section On Women In Legal Education: The Past And The Future, Elizabeth M. Schneider 2012 Brooklyn Law School

The Aals Section On Women In Legal Education: The Past And The Future, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


Functional Parenting And Dysfunctional Abortion Policy: Reforming Parental Involvement Legislation, Maya Manian 2012 American University Washington College of Law

Functional Parenting And Dysfunctional Abortion Policy: Reforming Parental Involvement Legislation, Maya Manian

Scholarly Articles in Law Reviews & Journals

Abortion-related parental involvement mandates raise important family law issues about the scope of parents’ power over their children’s intimate decisions. While there has been extensive scholarly attention paid to the problems with parental involvement laws, relatively little has been said about strategies for reforming these laws. This article suggests using insights from family law relating to functional parenthood and third party caregiving as a basis for crafting more capacious methods of ensuring adult guidance for teenage girls facing an unplanned pregnancy. Recent developments in family law bolster the case for reforming parental involvement legislation to allow teenagers to consult with …


Teaching Social Justice Lawyering: Systematically Including Community Legal Education In Law School Clinics, Margaret Martin Barry, A. Rachel Camp, Margaret E. Johnson, Catherine F. Klein, Lisa V. Martin 2012 Vermont Law School

Teaching Social Justice Lawyering: Systematically Including Community Legal Education In Law School Clinics, Margaret Martin Barry, A. Rachel Camp, Margaret E. Johnson, Catherine F. Klein, Lisa V. Martin

All Faculty Scholarship

There is a body of literature on clinical legal theory that urges a focus in clinics beyond the single client to an explicit teaching of social justice lawyering. This Article adds to this emerging body of work by discussing the valuable role community legal education plays as a vehicle for teaching skills and values essential to single client representation and social justice lawyering. The Article examines the theoretical underpinnings of clinical legal education, community organizing and community education and how they influenced the authors’ design and implementation of community legal education within their clinics. It then discusses two projects designed …


Against The New Maternalism, Naomi Mezey, Cornelia T. Pillard 2012 Georgetown University Law Center

Against The New Maternalism, Naomi Mezey, Cornelia T. Pillard

Georgetown Law Faculty Publications and Other Works

The biggest challenge for sex equality in the 21st Century is to dismantle inequality between women and men’s family care responsibilities. American law has largely accomplished formal equality in parenting by doing away with explicit gender classifications, along with many of the assumptions that fostered them. In a dramatic change from the mid-20th Century, law relating to family, work, civic participation and their various intersections is now virtually all sex-neutral. As the Supreme Court’s 2003 decision in Nevada Department of Social Services v. Hibbs demonstrates, both Congress and the Court have accepted the feminist critique of sex roles and stereotyping …


The Child Pornography Crusade And Its Net-Widening Effect, Melissa Hamilton 2012 University of South Carolina College of Law

The Child Pornography Crusade And Its Net-Widening Effect, Melissa Hamilton

Cardozo Law Review

No abstract provided.


Bride-Burning: The "Elephant In The Room" Is Out Of Control , Avnita Lakhani 2012 Pepperdine University

Bride-Burning: The "Elephant In The Room" Is Out Of Control , Avnita Lakhani

Pepperdine Dispute Resolution Law Journal

This article is an attempt to answer the question of why the practice of bride-burning continues and propose alternative ways to not only look at the problem, but also to define workable solutions. It is only via a thorough conflict analysis of this complex issue that the world might rein in a problem that is clearly out of control in this day and age. Section II examines the origins of bride-burning, its continued practice, and societal ramifications. Section III analyzes some of the current and proposed efforts in place for banning bride-burning and punishing those who illegally engage in this …


Women In Legal Education Section, Elizabeth Defeis 2012 Seton Hall University

Women In Legal Education Section, Elizabeth Defeis

UMKC Law Review

Elizabeth Defeis shares the history and her own experiences with The Women in Legal Education (WLE) Section of the AALS.


A Section Memoir, Patricia Cain 2012 Santa Clara University

A Section Memoir, Patricia Cain

UMKC Law Review

Patricia Cain discusses her experiences as a member and as Chair of the Women in Legel Education Section of the AALS.


1992: A Year Of Women, Bravery, And Growth, Karen Czapanskiy 2012 University of Maryland School of Law

1992: A Year Of Women, Bravery, And Growth, Karen Czapanskiy

UMKC Law Review

No abstract provided.


The Gendered Aspects Of Social Justice Work And Occupational Segregation In The Legal Academy: A Review Of 2003, Barbara Cox 2012 University of Missouri-Kansas City School of Law

The Gendered Aspects Of Social Justice Work And Occupational Segregation In The Legal Academy: A Review Of 2003, Barbara Cox

UMKC Law Review

No abstract provided.


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