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Summary: This book, the second of two volumes, examines the pressing issues that affect women--pornography, prostitution, battery, rape, pay equity, sexual harassment, motherhood, abortion, adoption, new reproductive technologies--and considers them through the lens of feminist legal theory. It features more than sixty articles by well-known legal scholars and feminists. The contributions are arranged thematically and include an introduction and comprehensive literature revie ...show morew by the editor. Applications of Feminist Legal Theory to Women's Lives will be a valuable text for students, a resource for scholars and policy makers, and a useful introduction for general readers.
Weisberg, D. Kelly : Hastings College
D. Kelly Weisberg is professor of law at Hastings College of the Law in San Francisco.
Section I. Pornography
Introduction - D. Kelly Weisberg * Against the Male Flood: Censorship, Pornography, and Equality - Andrea Dworkin * Not a Moral Issue, in Feminism Unmodified: Discourses on Life and Law - Catharine A. MacKinnon * Francis Biddle's Sister: Pornography, Civil Rights, and Speech - Catharine A. MacKinnon * Pornography and the First Amendment: A Reply to Professor MacKinnon - Thomas I. Emerson * Whose Right? Ronald Dworkin, Women and Pornographers - Rae Langton * American Booksellers Association v. Hudnut * Butler v. The Queen * Brief Amici Curiae of Feminist Anti-Censorship Task Force et al., in American Booksellers Association v. Hudnut - Nan D. Hunter and Sylvia A. Law - A Feminist Critique of ''The'' Feminist Critique of Pornography - Nadine Strossen * Sex, Sin, and Women's Liberation: Against Porn-Suppression - Carlin Meyer * The Difference in Women's Hedonic Lives: A Phenomenological Critique of Feminist Legal Theory - Robin West
Section II: Prostitution
Introduction - D. Kelly Weisberg * Male Vice and Female Virtue: Feminism and the Politics of Prostitution in Nineteenth-Century Britain - Judith R. Walkowitz * Charges Against Prostitution: An Attempt at a Philosophical Assessment - Lars O. Ericsson * Defending Prostitution - Carole Pateman * Prostitution and Civil Rights - Catharine A. MacKinnon * The Feminist Debate over Prostitution Reform - Jody Freeman * A Postmodern Feminist Legal Manifesto - Mary Jo Frug * Split at the Root: Prostitution and Feminist Discourses of Law Reform - Margaret A. Baldwin
Section III. Battered Women
Introduction - D. Kelly Weisberg * The Roots of the Battered Women's Movement: Personal and Political - Susan Schechter * State v. Wanrow * Describing and Changing: Women's Self-Defense Work and the Problem of Expert Testimony on Battering - Elizabeth M. Schneider * Women's Experience and the Problem of Transition: Perspectives on Male Battering of Women - Christine A. Littleton * Legal Images of Battered Women: Redefining the Issues of Separation - Martha R. Mahoney * Whose Story Is It, Anyway? En-Gendering Power: Essays on Anita Hill, Clarence Thomas and the Construction of Social Reality - Kimberlé Crenshaw * Lavender Bruises - Ruthann Robson * The Violence of Privacy Rape - Elizabeth M. Schneider
Section IV. Rape
Introduction - D. Kelly Weisberg * Rape: The All-American Crime - Susan Griffin * Rape - Susan Estrich * Michael M. v. Superior Court Statutory Rape: A Feminist Critique of Rights Analysis - Frances Olsen * ''Rape: On Coercion and Consent'' - Catharine A. MacKinnon * Date Rape - Lois Pineau * Rape, Racism and the Law - Jennifer Wriggens * Equality Theory, Marital Rape, and the Promise of the Fourteenth Amendment - Robin West
Section V. Employment
Part A: Work-Family Conflict, Occupational Segregation and Comparable Worth
Introduction - D. Kelly Weisberg * Work and Family: The Gender Paradox and the Limitations of Discrimination Analysis in Restructuring the Workplace - Nancy E. Dowd * Equal Employment Opportunity Commission v. Sears, Roebuck and Company, 628 F. Supp. 1264 (N.D. Ill. 1986) * Equal Employment Opportunity Commission v. Sears, Roebuck and Company, 839 F. 2d 302. (7th Cir., 1988): EEOC v. Sears: A Personal Account - Alice Kessler-Harris * Deconstructing Equality-Versus-Difference: Or the Uses of Post-Structuralist Theory of Feminism - Joan Scott * Deconstructing Gender - Joan Williams * Telling Stories about Women and Work: Judicial Interpretation of Sex Segregation in the Workplace - Vicki Schultz * Feminizing Unions: Challenging the Gendered Structure of Wage Labor - Marion G. Crain * Comparable Worth and Its Impact on Black Women - Julianne Malveaux * Barriers Facing Women in the Wage-Labor Market and the Need for Additional Remedies - Mary E. Becker; Social Construction of Skill, Ronnie J. Steinberg
Part B: Sexual Harassment
Introduction - D. Kelly Weisberg * Meritor Savings Bank v. Vinson * Ellison v. Brady, 924 F. 2d 872 (8th Cir. 1991) * Sex at Work - Susan Estrich * What's the Big Deal? Women in New York City Construction Industry and Sexual Harassment Law, 1970-1985 - Elvia R. Arriola * Employer Abuse, Worker Resistance, and the Tort of Intentional Infliction of Emotional Distress - Regina Austin * Feminist Constructions of Objectivity: Multiple Perspectives on Sexual and Racial Harassment Litigation - Martha Chamallas * Exit: Power and the Idea of Leaving in Love, Work, and the Confirmation Hearings - Martha R. Mahoney
Section VI. Motherhood and Reproductive Control
Part A: Motherhood
Introduction - D. Kelly Weisberg * M Is for the Many Things - Carol Sanger * Punishing Addicts Who Have Babies: Women of Color, Equality, and the Right of Privacy - Dorothy E. Roberts * The Colonization of the Womb - Nancy Ehrenreich * Sapphire Bound! Regina Austin; Child Abuse: A Problem for Feminist Theory - Marie Ashe and Naomi Cahn
Part B. Abortion
Introduction - D. Kelly Weisberg * Roe v. Wade--The Struggle for Reproductive Freedom: Three Stages of Feminism - Linda Gordon * A Defense of Abortion - Judith Jarvis Thomson * Privacy v. Equality: Beyond Roe v. Wade - Catharine A. MacKinnon * Reasoning from the Body: A Historical Perspective on Abortion Regulation and Questions of Equal Protection - Reva Siegal * Reproductive Laws, Women of Color, and Low-Income - Laurie Nsiah-Jefferson * An Equal Protection Analysis of United States Reproductive Health Policy: Gender, Race, Age, and Class - Ruth Colker * Reproductive Freedom and Violence Against Women: Where are the Intersections? - Lori L. Heise
Part C. Reproductive Technologies and Adoption
Introduction - D. Kelly Weisberg * In the Matter of Baby M, Society's Response to the New Reproductive Technologies: The Feminist Perspective - Norma J. Wikler * Surrogate Motherhood: The Challenge for Feminists - Lori Andrews * The Ethics and Economics of Enforcing Contracts of Surrogate Motherhood - Richard A. Posner * Junk Liberty - Gena Corea * The Black Surrogate Mother - Anita Allen * Market Inalienability - Margaret Jane Radin * A Feminist Analysis of Adoption - Nancy E. Dowd
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