Feminist Legal Theory: Foundations, Volume 1D. Kelly Weisberg Temple University Press, 1993 - 620 pages |
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Page 15
... treat- ing women differently . The majority adopted the first approach .. However , Justice Joseph Bradley ... opted for the second approach . His con- curring opinion is the embodiment of the separate - sphere ideology : [ T ] he civil ...
... treat- ing women differently . The majority adopted the first approach .. However , Justice Joseph Bradley ... opted for the second approach . His con- curring opinion is the embodiment of the separate - sphere ideology : [ T ] he civil ...
Page 17
... treated by the law . In Reed the Court for the first time held that women and men are similarly situated . The Court ... treat- ment has on women's situation . However , the Supreme Court's developing application of equal protection has ...
... treated by the law . In Reed the Court for the first time held that women and men are similarly situated . The Court ... treat- ment has on women's situation . However , the Supreme Court's developing application of equal protection has ...
Page 18
... treat pregnancy as sex discrim- ination when discrimination really is in issue , while using it as a rationale in order to justify differential treatment when it is not in issue . Like Bradwell and Muller , Michael M. affirms that there ...
... treat pregnancy as sex discrim- ination when discrimination really is in issue , while using it as a rationale in order to justify differential treatment when it is not in issue . Like Bradwell and Muller , Michael M. affirms that there ...
Page 27
... treat minors without parental noti- fication or consent . Such laws , by implication if not legislative history , acknowl- edge that many teenagers will not seek medical care related to sexual activity if they must involve their parents ...
... treat minors without parental noti- fication or consent . Such laws , by implication if not legislative history , acknowl- edge that many teenagers will not seek medical care related to sexual activity if they must involve their parents ...
Page 40
... treat like persons alike , and unlike persons unlike . 1 Under this model , when legal distinctions are made , the ... treating them differently . This is what Professor Catharine MacKinnon has called " the differences ap- proach , " and ...
... treat like persons alike , and unlike persons unlike . 1 Under this model , when legal distinctions are made , the ... treating them differently . This is what Professor Catharine MacKinnon has called " the differences ap- proach , " and ...
Contents
Martha Minow | 301 |
Introduction | 335 |
Angela P Harris | 348 |
Patricia A Cain | 359 |
Marlee Kline | 371 |
Introduction | 399 |
Diane Polan | 419 |
Mari J Matsuda | 476 |
EQUAL TREATMENT VERSUS | 119 |
Wendy W Williams | 128 |
Linda J Krieger and Patricia N Cooney | 156 |
Herma Hill | 180 |
Finley | 190 |
Introduction | 211 |
Mary E Becker | 221 |
Patricia A Cain | 237 |
Christine A Littleton | 248 |
Diana Majury | 264 |
Catharine A MacKinnon | 276 |
Ruth Colker | 288 |
Frances Olsen | 485 |
Patricia J Williams | 496 |
Schneider | 507 |
Introduction | 529 |
Katharine T Bartlett | 550 |
Finley | 571 |
Marie Ashe | 582 |
Patricia J Williams | 594 |
Table of Cases | 603 |
Contributors | 619 |
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Common terms and phrases
abortion abstract approach argue assumptions biological reproductive Black women Carol Gilligan Catharine MacKinnon challenge concept context critical legal Critical Legal Studies critique cultural cultural feminism debate defined differences disability discourse doctrine dominant employers ence epistemology equal protection equal treatment essay example exclusion existing female femi feminism Feminist Jurisprudence feminist legal theory feminist method feminist theory focus formal equality gender Gilligan human ideology individual inequality issues Justice legal method legal positivism legal system legislation lesbian liberal MacKinnon Marxism means Miller-Wohl moral nature neutral nist oppression patriarchy person perspective political pornography postmodern pregnancy problem question race radical feminism radical feminists rape reality reason relationships reproductive rights analysis role rules sex discrimination sexism sexual sexual equality society sphere standard status stereotypes structure subordination supra note Supreme Court theorists tion Title VII treat University Press woman women's experience workers workplace
Popular passages
Page 34 - Re-vision— the act of looking back, of seeing with fresh eyes, of entering an old text from a new critical direction — is for women more than a chapter in cultural history: it is an act of survival.
Page 145 - because of sex" or "on the basis of sex" include, but are not limited to, because of or on the basis of pregnancy, childbirth or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in Section 703(h) of this title shall be interpreted...
Page 21 - There can be no doubt that our Nation has had a long and unfortunate history of sex discrimination. Traditionally, such discrimination was rationalized by an attitude of 'romantic paternalism' which, in practical effect, put women, not on a pedestal, but in a cage.
Page 283 - ... their military service defines citizenship, their presence defines family, their inability to get along with each other — their wars and rulerships — defines history, their image defines god, and their genitals define sex.
Page 19 - The paramount destiny and mission of woman are to fulfill the noble and benign offices of wife and mother. This is the law of the Creator.
Page 278 - Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Page 417 - ... her physical structure and a proper discharge of her maternal functions — having in view not merely her own health, but the well-being of the race — justify legislation to protect her from the greed as well as the passion of man.
Page 19 - Man is, or should be woman's protector and defender. The natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of civil life. The constitution of the family organization, which is founded in the divine ordinance, as well as in the nature of things, indicates the domestic sphere as that which properly belongs to the domain and functions of womanhood. The harmony, not to say identity, of interests and views which belong or should belong...
Page 86 - NATURE hath made men so equal in the faculties of body and mind as that, though there be found one man sometimes manifestly stronger in body or of quicker mind than another, yet when all is reckoned together the difference between man and man is not so considerable as that one man can thereupon claim to himself any benefit to which another may not pretend as well as he.