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From False Paternalism to False Equality: Judicial Assaults on Feminist Community, Illinois 1869-1895
Michigan Law Review Volume 84 Issue 7 1986 From False Paternalism to False Equality: Judicial Assaults on Feminist Community, Illinois 1869-1895 Frances Olsen University of California at Los Angeles Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Civil Rights and Discrimination Commons, Law and Gender Commons, and the Legal History Commons Recommended Citation Frances Olsen, From False Paternalism to False Equality: Judicial Assaults on Feminist Community, Illinois 1869-1895, 84 MICH. L. REV. 1518 (1986). Available at: https://repository.law.umich.edu/mlr/vol84/iss7/8 This Symposium is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. FROM FALSE PATERNALISM TO FALSE EQUALITY: JUDICIAL ASSAULTS ON FEMINIST COMMUNITY, ILLINOIS 1869-1895 Frances Olsen* Feminist theorists seem to be obsessed by the question of whether women should emphasize their similarity to men or their differences from men. In discipline after discipline, the issue of sameness and dif ferences has come to center stage. This focus is not a new phenomenon. Early this century, suffrag ists fluctuated between claiming that it was important to let women vote because they were different from men - more sensitive to issues of world peace, the protection of children, and so forth - and claim ing that it was safe to let women vote because they would vote the same way men did. -
Affirmative Action: Necessary but Not Sufficient
Chicago-Kent Law Review Volume 71 Issue 3 Symposium on Trends in Legal Article 13 Citations and Scholarship April 1996 Affirmative Action: Necessary but Not Sufficient Frances Olsen Follow this and additional works at: https://scholarship.kentlaw.iit.edu/cklawreview Part of the Law Commons Recommended Citation Frances Olsen, Affirmative Action: Necessary but Not Sufficient, 71 Chi.-Kent L. Rev. 937 (1996). Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol71/iss3/13 This Article is brought to you for free and open access by Scholarly Commons @ IIT Chicago-Kent College of Law. It has been accepted for inclusion in Chicago-Kent Law Review by an authorized editor of Scholarly Commons @ IIT Chicago-Kent College of Law. For more information, please contact [email protected], [email protected]. AFFIRMATIVE ACTION: NECESSARY BUT NOT SUFFICIENT FRANCES OLSEN* The recent surveys in this Symposium show that, for the first time, "outsider" scholarship is being cited with significant frequency. Three of the one hundred most-cited legal articles of all time are writ- ten by women; one is written by a minority man.' Two of the articles are overtly feminist. Many more women and minorities appear in the further breakdowns of scholarship most frequently cited by individual year, 1982-1991. The question arises whether this increased citation will serve to legitimate the scholarship, or rather delegitimate citation tallies as a source of prestige. I think it is bound to do both to some extent. Perhaps the most important effect, at the risk of polyannaism, will be to demonstrate to faculties that such "outsiders" might signifi- cantly improve the reputations of their law schools. -
The Magazine of Ucla School of Law In-Depth Engagement
THE MAGAZINE OF UCLA SCHOOL OF LAW IN-DEPTH ENGAGEMENT UCLA Law’s Centers and Programs Produce Path-breaking Research and Purposeful Reform NINTH CIRCUIT ALUMNI APPOINTMENTS Jacqueline Nguyen ’91 and Paul Watford ’94 217111_Cover_R4.indd 1 9/6/12 10:49 AM contents 38 47 48 ninth circuit student assists new global reach appointments orleans community of student work Alumni Jacqueline Nguyen May Thi Nguyen ’13 Students conduct field ’91 and Paul Watford ’94 returned to New Orleans research in the Democratic are appointed to the U.S. to assist in the wake of Republic of the Congo. Court of Appeals for the the 2010 oil spill and Ninth Circuit. Hurricane Katrina. IN-DEPTH ENGAGEMENT UCLA Law’s centers and programs produce path-breaking research and purposeful reform UCLA School of Law has always pursued a distinctive approach to achieving impact at the local, state, national and international level. At UCLA Law, the mastery of doctrine, skills and theory serves as the foundation for transformative influence through advocacy and service. These priorities are reinforced through the work of the law school’s more than 20 interdisciplinary centers of excellence, which are shaping law and policy and carving an extraordinary path toward lasting change. 217111_Cover_R2.inddU 2 9/5/12 8:11 AM FALL 2012 VOL. 35 NO. 1 51 also inside... 02 Message from the Dean 16 Faculty Scholarship 36th annual 50 Law School Hosts Inaugural NYU-UCLA ucla entertainment symposium Tax Policy Conference CBS Corporation President and Chief Executive Officer 53 UCLA Law Celebrates Law School “Legends” Leslie Moonves was the keynote speaker. -
SJD Association Workshop 2018 May 17 Harvard Law School Lewis Int
Between Law & Justice: Ethics, Politics & the State SJD Association Workshop 2018 May 17 Harvard Law School Lewis Int. Law Center © HLS SJD Association 2018 6. Law, Political Movements 08:30-09:00AM Coffee & Registration & Social Change at LEW 214A&B 03:30-05:00PM at LEW 202 09:00-09:15AM Opening Remarks by Prof. Alford at LEW 214A 7. Technology, Regulation & 1. Feminist Legal Theory & Public Law Human Rights 09:30-11:00AM at LEW 202 03:30-05:00PM at LEW 302 05:00-07:00PM Closing Reception 2. Globalism vs. Populism at LEW 214A Between Law & Justice: 09:30-11:00AM at LEW 302 05:15PM Closing Remarks Ethics, Politics & the State at LEW 214A SJD Association 03:00-03:15PM Break SJD Association 11:00-11:15AM Break Workshop 2018 May 17 Harvard Law School Lewis Int. Law Center 5. Law & Development 3. Constitutional Structure & Design 01:45-03:15PM at LEW 202 11:15AM-12:45PM at LEW 202 6. Foundational Concepts in 4. Law & Distribution Legal Theory 11:15AM-12:45PM at LEW 302 01:45-03:15PM at LEW 302 at 214B LEW Lunch 12:45-01:45PM Panels A (Left) Theory of Sex Feminist Jurisprudence for Farmed Animals 1 Feminist Legal Theory & Public Law 09:30-11:00AM | LEW 202 Moderator: Sarah Deibler Is the Casting Couch a Castaway? Sexual Developing Feminist Law in Mexico: Harassment in Hollywood The Feminist Campaign for Voluntary Motherhood Frances Olsen SJD ’84 is Professor of Law at UCLA Regina Larrea is a S.J.D. candidate and a Graduate School of Law. -
Enjokosai in Japan: Rethinking the Dual Image of Prostitutes in Japanese and American Law
STUDENT SCHOLARSHIP ENJOKOSAI IN JAPAN: RETHINKING THE DUAL IMAGE OF PROSTITUTES IN JAPANESE AND AMERICAN LAW Tsubasa Wakabayashi*, ** ABSTRACT This Article details the various laws in both Japan and the United States affecting and regulating prostitution. Specifi- cally, Tsubasa Wakabayashi examines enjokosai, an unconven- tional style of teenage prostitution and further analyzes whether it is a valid occupation or a form of exploitation. She begins by discussing the background of enjokosai by exploring Japanese history and customs regarding sex and prostitution. Ms. Wakabayashi then demonstrates how sex, prostitution, and the sexual activity of minors are treated under Japanese law. This treatment is later compared to federal and state laws in the Unites States, particularly laws affecting teenage prosti- tution. Finally, she argues that Japanese laws are improperly based upon fixed notions of sex, paternalism, and gender- prejudice, which result in an improper analysis of prostitution as a form of exploitation rather than a chosen occupation. * Lecturer, Osaka University Graduate School of Law in Japan. L.L.M, UCLA School of Law, 2002; Master of Laws, Osaka University Graduate School of Law, 2000; Bachelor of Law, Osaka University Faculty of Law, 1996. I would like to thank the following people: my L.L.M. thesis adviser Professor Frances Olsen for her warm and insightful comments on the earlier draft of this article; the classmates in the seminar, Feminist Legal Theory in 2001 for the mutual exchange of exciting thoughts; Pitter Hogan, Diego Cartagena, Cindy Zone, Debbie Garrisi, Mikah O'Mara, the editors of UCLA Women's Law Journal for their efforts to improve this article in spite of the difficulties of my imperfect English and unfamiliar style of writing; and Benedikt Buchner for his continuous encouragement and priceless friendship. -
Peace, Civil Disobedience, and Anti-Discrimination Law: a Critical Appraisal of Reason and Politics
University of Miami Law Review Volume 57 Number 3 SYMPOSIUM Beyond Right and Reason: Pierre Schlag, the Critique of Article 23 Normativity, and the Enchantment of Reason 4-1-2003 B. Taking Schlag Seriously: Practices in the Legal Academy: Peace, Civil Disobedience, and Anti-Discrimination Law: A Critical Appraisal of Reason and Politics Frances Olsen Follow this and additional works at: https://repository.law.miami.edu/umlr Recommended Citation Frances Olsen, B. Taking Schlag Seriously: Practices in the Legal Academy: Peace, Civil Disobedience, and Anti-Discrimination Law: A Critical Appraisal of Reason and Politics, 57 U. Miami L. Rev. 989 (2003) Available at: https://repository.law.miami.edu/umlr/vol57/iss3/23 This Article is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. Peace, Civil Disobedience, and Anti-Discrimination Law: A Critical Appraisal of Reason and Politics FRANCES OLSEN* There are some critiques that seem to just roll off the backs of their targets, while other critiques hit home and offend the targets. Radical critique in particular often inspires a personal response. Pierre Schlag's critique of the legal establishment's excessive claims about the role of reason in law and in the work of the legal establishment is likely to encourage such a personal response from many members of the legal establishment (though perhaps not from those participants in this sympo- sium on Schlag's work who are themselves critical of reason). -
The Family and the Market -- Redux
University of North Carolina School of Law Carolina Law Scholarship Repository Faculty Publications Faculty Scholarship 2012 The aF mily and the Market -- Redux Maxine Eichner University of North Carolina School of Law, [email protected] Follow this and additional works at: http://scholarship.law.unc.edu/faculty_publications Part of the Law Commons Publication: Theoretical Inquiries in Law This Article is brought to you for free and open access by the Faculty Scholarship at Carolina Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Carolina Law Scholarship Repository. For more information, please contact [email protected]. The Family and the Market Redux Maxine Eichner* The relationshipbetween the family and the market has long been an issue of contention in Western societies. Since the 1970s, that relationshiphas requiredrenegotiation as women, who hadperformed the great majority ofcaretakingwork, have entered the workforce in increasing numbers. At the same time, women movement into the workplace and the changes in publicpolicy that have accompaniedit have spurredsignificant scholarly commentary over how thefamily- market relationship should be reconstructed.This Article argues against one possible approach to this reconstruction, in which the state withdraws barriers between the family and the market that supportfamilies'caretakingand human development activities. Under this approach,which by and large has been adoptedin public policy in the United States, women ' movement into the role ofbreadwinner has been accompanied by decreasedstate supportfor caretaking and human development, in the belief that market forces should properly determine how these activities are conducted. This Article argues that the market is the wrong tool to use to "distribute" these activities. -
The United Nations Convention of the Rights of the Child: a Feminist Landmark, 3 Wm
William & Mary Journal of Women and the Law Volume 3 | Issue 1 Article 3 The nitU ed Nations Convention of the Rights of the Child: A Feminist Landmark Cynthia Price Cohen Repository Citation Cynthia Price Cohen, The United Nations Convention of the Rights of the Child: A Feminist Landmark, 3 Wm. & Mary J. Women & L. 29 (1997), http://scholarship.law.wm.edu/wmjowl/vol3/iss1/3 Copyright c 1997 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. http://scholarship.law.wm.edu/wmjowl THE UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD: A FEMINIST LANDMARK CYNTHIA PRICE COHEN, J.D., M.A., J.S.D. The United Nations Convention on the Rights of the Child,1 adopted by the General Assembly on November 20, 1989, is a ground-breaking human rights treaty for many reasons. It had the largest number of signatories on the day that it was opened for signature.2 It went into force more quickly than any other human rights treaty;3 it reached near-universal ratification by mid-1996;4 and it protects the entire range of human rights: civil- political, economic-social-cultural, and humanitarian. 5 In addition, the Convention's monitoring mechanism gives unique powers to its monitoring body, the Committee on the Rights of the Child.6 Unfortunately, these achievements have tended to overshadow one of the Convention's most remarkable characteristics: its protection of the girl child. The purpose of this article is to describe, examine, analyze, and evaluate the Convention on the Rights of the Child from the standpoint of its relationship to other international human-rights treaties and its impact on the global situation and status of girls and young women. -
Community Lawyering
REVIEW ESSAY Community Lawyering REBELLIOUS LAWYERING: ONE CHICANO'S VISION OF PROGRESSIVE LAW PRACTICE. By Gerald P. L6pez." Boulder, Colorado: Westview Press, Inc., 1992. Pp. ix, 433. Paper. Reviewed by Angelo N. Ancheta$ "Give us something we can use." For those of us engaged in the practice of law for social change,' this is a familiar admonition directed at scholars who have developed theories on the transformation of law and the legal system. Critical legal studies,2 feminist legal theory,3 and t Kenneth and Harle Montgomery Professor of Public Interest Law, Stanford Law School. I Executive Director, Coalition for Humane Immigrant Rights of Los Angeles; Cooperating Attorney, National Asian Pacific American Legal Consortium. A.B. 1983, J.D. 1986, University of California, Los Angeles. Copyright © 1993 by California Law Review, Inc. and Asian Law Journal. Most of the work on this Review Essay was completed while I was on staff at the Asian Pacific American Legal Center of Southern California; I gratefully acknowledge that office's support in helping develop many of the ideas here. Special thanks to Mari Matsuda, Jill Medina, and Mona Tawatao for commenting on earlier versions of this Essay, and to the editors of the Asian Law Journal and the CaliforniaLaw Review for their thoughtful revisions. 1. Throughout this piece, the terms "lawyering for social change" and "progressive law practice" are used interchangeably to refer to work in which individuals with legal training address the problems of subordinated groups that historically have suffered disadvantage as a result of this country's social customs, economic systems, and laws. -
A Potential Lesson from the Israeli Experience for the American Same-Sex Marriage Debate Shahar Lifshitz
Brigham Young University Journal of Public Law Volume 22 | Issue 2 Article 4 3-1-2008 A Potential Lesson from the Israeli Experience for the American Same-Sex Marriage Debate Shahar Lifshitz Follow this and additional works at: https://digitalcommons.law.byu.edu/jpl Part of the Comparative and Foreign Law Commons, and the Family Law Commons Recommended Citation Shahar Lifshitz, A Potential Lesson from the Israeli Experience for the American Same-Sex Marriage Debate, 22 BYU J. Pub. L. 359 (2008). Available at: https://digitalcommons.law.byu.edu/jpl/vol22/iss2/4 This Article is brought to you for free and open access by BYU Law Digital Commons. It has been accepted for inclusion in Brigham Young University Journal of Public Law by an authorized editor of BYU Law Digital Commons. For more information, please contact [email protected]. A Potential Lesson from the Israeli Experience for the American Same-Sex Marriage Debate Shahar Lifshitz* I. INTRODUCTION In the past decade American marriage law has been the arena for a major controversy regarding same-sex marriage.1 Typically, liberals tend to support same-sex marriage,2 while conservatives oppose it.3 The liberal-conservative dispute concerning same-sex marriage is usually related to a broader debate on the legitimacy of limiting the possibilities for marrying. Liberals present marriage as a private arrangement between the partners,4 and they therefore oppose restricting the right to marry with classic liberal arguments about individual freedom, equality, and privacy.5 The opponents of same-sex marriage, in contrast,6 seek to * Senior Lecturer, Faculty of Law, Bar-Ilan University, Israel. -
Frances Olsen
What ls Feminist Legal Theory and Why Should Gender Studies Care about It？ Frances Olsen Felninist legal theory is a specialized field of study that has been developed and established in the United States as well as in a number of other countries， including， for example， Canada， England， Australia， the Netherlands， Norway（under the term“women’s law”），and recently Germany and Austria． It involves the critical， systematic examination of law from a feminist perspective． Because most laws have been created by men and most legal literature has been written by men for a male audience， it is not surprising that law generally reflects a masculine view of the world． Nor is it particularly surprising that a feminist analysis reveals multiple layer of bias against women embedded in much legal doctrine． For legal reform to be effective， it is important to examine and expose the subtle as well as the obvious assumptions and consequences of legal doctrine． As important， or perhaps more important， feminist legal theory yields useful insights about the causes and consequences of the subordination of women and can contribute to the development of feminist theory in general． The risk of specialized feminist legal theory courses，1ike the risk of women’s studies or gender studies courses in genera1， is that their existence as separate courses may create a segregated field of study． In this way， such courses may reinforce the belief that the concerns of women and the contributions of feminists can and should be contained and limited to a single course or -
Guide to America's Top 50 Law Schools
The Standard in Attorney Search and Placement The 2018 BCG Attorney Search Guide to America’s Top 50 Law Schools Yale Law School / Harvard Law School / Stanford Law School / Columbia Law School / University of Chicago Law School / New York University School of Law / University of Pennsylvania Law School / University of California Berkeley / University of Michigan Law School / University of Virginia School of Law / Duke University School of Law / North-western University School of Law / Cornell University Law School / Georgetown University Law Center / University of Texas School of Law / Vanderbilt University Law School / UCLA School of Law / Washington University School of Law - St. Louis / University of Southern California Gould School of Law / Boston University School of Law / University of Iowa College of Law / Emory Law School / University of Minnesota Law School / University of Notre Dame Law School / The George Washington University Law School / Arizona State University - Sandra Day O Connor College of Law / Indiana University Maurer School of Law / University of Alabama School of Law / Boston College Law School / Ohio State University Michael E Moritz College of Law / University of California Davis School of Law / The College of William & Mary / University of Georgia School of Law / University of Washington School of Law / University of Wisconsin-Madison Law School / Fordham Law School / Brigham Young University J. Reuben Clark Law School / University of North Carolina School of Law / University of Arizona James E. Rogers College of Law / University of Colorado School of Law / University of Illinois College of Law / Wake Forest University School of Law / Washington And Lee University School of Law / George Mason University School of Law / Southern Methodist University (Dedman) / University of Utah - S.J.