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A comprehensive survey of the applications of feminist legal theory to specific areas of the law

Applications of Feminist Legal Theory to Women's Lives

Sex, Violence, Work, and Reproduction

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edited by D. Kelly Weisberg

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 review 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.

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Excerpt

Read an excerpt from the Introduction to Section 1 (pdf).

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Contents

Preface

Part I: Sexuality

Section 1: Pornography
Introduction
1. Against the Male Flood: Censorship, Pornography, and Equality – Andrea Dworkin
2. Not a Moral Issue, in Feminism Unmodified: Discourses on Life and Law – Catharine A. MacKinnon
3. Francis Biddle's Sister: Pornography, Civil Rights, and Speech – Catharine A. MacKinnon
4. Pornography and the First Amendment: A Reply to Professor MacKinnon – Thomas I. Emerson
5. Whose Right? Ronald Dworkin, Women and Pornographers – Rae Langton
6. American Booksellers Association, Inc. v. Hudnut
7. Butler v. The Queen
8. Brief Amici Curiae of Feminist Anti-Censorship Task Force et al., in American Booksellers Association v. Hudnut – Nan D. Hunter and Sylvia A. Law
9. A Feminist Critique of "The" Feminist Critique of Pornography – Nadine Strossen
10. Sex, Sin, and Women's Liberation: Against Porn-Suppression – Carlin Meyer
11. The Difference in Women's Hedonic Lives: A Phenomenological Critique of Feminist Legal Theory – Robin West

Section 2: Prostitution
Introduction
12. Male Vice and Female Virtue: Feminism and the Politics of Prostitution in Nineteenth-Century Britain – Judith R. Walkowitz
13. Charges Against Prostitution: An Attempt at a Philosophical Assessment – Lars O. Ericsson
14. Defending Prostitution – Carole Pateman
15. Prostitution and Civil Rights – Catharine A. MacKinnon
16. The Feminist Debate over Prostitution Reform – Jody Freeman
17. A Postmodern Feminist Legal Manifesto – Mary Jo Frug
18. Split at the Root: Prostitution and Feminist Discourses of Law Reform – Margaret A. Baldwin

Part II: Violence

Section 3: Battered Women
Introduction
19. The Roots of the Battered Women's Movement: Personal and Political – Susan Schechter
20. State v. Wanrow
21. Describing and Changing: Women's Self-Defense Work and the Problem of Expert Testimony on Battering – Elizabeth M. Schneider
22. Women's Experience and the Problem of Transition: Perspectives on Male Battering of Women – Christine A. Littleton
23. Legal Images of Battered Women: Redefining the Issues of Separation – Martha R. Mahoney
24. Whose Story Is It, Anyway? En-Gendering Power: Essays on Anita Hill, Clarence Thomas and the Construction of Social Reality – Kimberlé Crenshaw
25. Lavender Bruises – Ruthann Robson
26. The Violence of Privacy Rape – Elizabeth M. Schneider

Section 4: Rape
Introduction
27. Rape: The All-American Crime – Susan Griffin
28. Rape – Susan Estrich
29. Michael M. v. Superior Court
30. Statutory Rape: A Feminist Critique of Rights Analysis – Frances Olsen
31. "Rape: On Coercion and Consent" – Catharine A. MacKinnon
32. Date Rape – Lois Pineau
33. Rape, Racism and the Law – Jennifer Wriggens
34. Equality Theory, Marital Rape, and the Promise of the Fourteenth Amendment – Robin West

Part III: Employment

Section 5: Employment

A. Work-Family Conflict, Occupational Segregation and Comparable Worth
Introduction
35. Work and Family: The Gender Paradox and the Limitations of Discrimination Analysis in Restructuring the Workplace – Nancy E. Dowd
36. EEOC v. Sears, Roebuck and Company
37. EEOC v. Sears, Roebuck and Company (Appellate Opinion)
38. EEOC v. Sears: A Personal Account – Alice Kessler-Harris
39. Deconstructing Equality-Versus-Difference: Or the Uses of Post-Structuralist Theory of Feminism – Joan Scott
40. Deconstructing Gender – Joan Williams
41. Telling Stories about Women and Work: Judicial Interpretation of Sex Segregation in the Workplace – Vicki Schultz
42. Feminizing Unions: Challenging the Gendered Structure of Wage Labor – Marion G. Crain
43. Comparable Worth and Its Impact on Black Women – Julianne Malveaux
44. Barriers Facing Women in the Wage-Labor Market and the Need for Additional Remedies – Mary E. Becker
45. Social Construction of Skill: Gender, Power, and Comparable Worth – Ronnie J. Steinberg

B. Sexual Harassment
Introduction
46. Meritor Savings Bank v. Vinson
47. Ellison v. Brady
48. Sex at Work – Susan Estrich
49. What's the Big Deal? Women in New York City Construction Industry and Sexual Harassment Law, 1970-1985 – Elvia R. Arriola
50. Employer Abuse, Worker Resistance, and the Tort of Intentional Infliction of Emotional Distress – Regina Austin
51. Feminist Constructions of Objectivity: Multiple Perspectives on Sexual and Racial Harassment Litigation – Martha Chamallas
52. Exit: Power and the Idea of Leaving in Love, Work, and the Confirmation Hearings – Martha R. Mahoney

Part IV: Reproduction

Section 6: Motherhood and Reproductive Control

A. Motherhood
Introduction
53. M Is for the Many Things – Carol Sanger
54. Punishing Addicts Who Have Babies: Women of Color, Equality, and the Right of Privacy – Dorothy E. Roberts
55. The Colonization of the Womb – Nancy Ehrenreich
56. Sapphire Bound! Regina Austin; Child Abuse: A Problem for Feminist Theory – Marie Ashe and Naomi Cahn

B. Abortion
Introduction
57. Roe v. Wade
58. The Struggle for Reproductive Freedom: Three Stages of Feminism – Linda Gordon
59. A Defense of Abortion – Judith Jarvis Thomson
60. Privacy v. Equality: Beyond Roe v. Wade – Catharine A. MacKinnon
61. Reasoning from the Body: A Historical Perspective on Abortion Regulation and Questions of Equal Protection – Reva Siegal
62. Reproductive Laws, Women of Color, and Low-Income – Laurie Nsiah-Jefferson
63. An Equal Protection Analysis of United States Reproductive Health Policy: Gender, Race, Age, and Class – Ruth Colker
64. Reproductive Freedom and Violence Against Women: Where are the Intersections? – Lori L. Heise

C. Reproductive Technologies and Adoption
Introduction
65. In the Matter of Baby M, Society's Response to the New Reproductive Technologies: The Feminist Perspective – Norma J. Wikler
66. Surrogate Motherhood: The Challenge for Feminists – Lori Andrews
67. The Ethics and Economics of Enforcing Contracts of Surrogate Motherhood – Richard A. Posner
68. Junk Liberty – Gena Corea
69. The Black Surrogate Mother – Anita Allen
70. Market Inalienability – Margaret Jane Radin
71. A Feminist Analysis of Adoption – Nancy E. Dowd

Table of Cases
Index
Contributors

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About the Author(s)

D. Kelly Weisberg is Professor of Law at Hastings College of the Law in San Francisco. She has published several other books, including Child, Family and State: Cases and Materials on Children and the Law (co-authored with Robert Mnookin).

Subject Categories

Law and Criminology
Women's Studies


In the series

Women in the Political Economy, edited by Ronnie J. Steinberg.

No longer active.

Women in the Political Economy, edited by Ronnie J. Steinberg, includes books on women and issues of work, family, social movements, politics, feminism, and empowerment. It emphasizes women's roles in society and the social construction of gender and also explores current policy issues like comparable worth, international development, job training, and parental leave.

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