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The Title IX Movement Against Campus Sexual Harassment 反对校园性骚扰的第九条运动
The Oxford Handbook of Feminism and Law in the United States Pub Date : 2021-11-10 DOI: 10.1093/oxfordhb/9780197519998.013.15
N. C. Cantalupo
{"title":"The Title IX Movement Against Campus Sexual Harassment","authors":"N. C. Cantalupo","doi":"10.1093/oxfordhb/9780197519998.013.15","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780197519998.013.15","url":null,"abstract":"Beginning in 2009, hundreds of thousands of students and their allies began to mobilize against campus sexual assault, organizing around the groundbreaking civil rights statute, Title IX of the Education Amendments of 1972, and achieving remarkable progress in advancing gender equality in only about a decade. Moving from the Title IX movement’s genesis during the Obama administration to the movement’s direct-action protests and litigation challenging regulations issued in May 2020 by then-Secretary of Education Betsy DeVos, this chapter tells the story of how Title IX and the student movement interacted from 2009 to 2020. During these years, the movement not only weathered backlash but also influenced later feminist movements such as #MeToo and nonfeminists’ understanding of sexual harassment, demonstrating the continued power and promise of both feminist law and feminist organizing.","PeriodicalId":127651,"journal":{"name":"The Oxford Handbook of Feminism and Law in the United States","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134110592","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Masculinities Theory as Impetus for Change in Feminism and Law 男性主义理论:女性主义与法律变革的动力
The Oxford Handbook of Feminism and Law in the United States Pub Date : 2021-11-10 DOI: 10.1093/oxfordhb/9780197519998.013.11
Ann C. McGinley
{"title":"Masculinities Theory as Impetus for Change in Feminism and Law","authors":"Ann C. McGinley","doi":"10.1093/oxfordhb/9780197519998.013.11","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780197519998.013.11","url":null,"abstract":"“Masculinities studies” refers to a body of theory and scholarship by gender experts in various fields of social science that has enriched the feminist analysis of law. In drawing on and incorporating masculinities theories into their work, feminist legal scholars have defined “masculinities” as a structure that gives men as a group power over women as a group, a set of “masculine” practices designed to maintain group power, and the engagement in or “doing” of these masculine practices. Although masculinities studies originated in fields outside law, legal scholars have adopted insights raised by masculinities scholars, combined with those of feminist theory, queer theory, and critical race theory, to develop a legal theory of masculinities that proposes new legal interpretations and policies that better correspond to the lived experiences of persons of different genders, races, and classes. This chapter explores how masculinities research has influenced legal feminism in the United States.","PeriodicalId":127651,"journal":{"name":"The Oxford Handbook of Feminism and Law in the United States","volume":"163 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115305631","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Feminism’s Transformation of Legal Education and Unfinished Agenda 女性主义对法学教育的转型与未完议程
The Oxford Handbook of Feminism and Law in the United States Pub Date : 2021-11-10 DOI: 10.1093/oxfordhb/9780197519998.013.31
Jamie R. Abrams
{"title":"Feminism’s Transformation of Legal Education and Unfinished Agenda","authors":"Jamie R. Abrams","doi":"10.1093/oxfordhb/9780197519998.013.31","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780197519998.013.31","url":null,"abstract":"Feminism has had a broad influence in legal education. Feminist critiques have challenged the substance of legal rules, the methods of law teaching, and the culture of legal education. Following decades of advocacy, feminist pedagogical reforms have generated new fields, new courses, new laws, new leaders, and new feminist spaces. There are many reasons to celebrate the accomplishments of our feminist pioneers and champions. Yet, COVID-19 has also exposed all the vulnerabilities and tenuousness of feminist gains too. Critical work remains for faculty, administrators, and students to carry the work forward with a vigilant purpose and determination.","PeriodicalId":127651,"journal":{"name":"The Oxford Handbook of Feminism and Law in the United States","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129522111","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Disputed Conceptions of Motherhood 有争议的母性概念
The Oxford Handbook of Feminism and Law in the United States Pub Date : 2021-06-09 DOI: 10.1093/OXFORDHB/9780197519998.013.29
Jennifer S. Hendricks
{"title":"Disputed Conceptions of Motherhood","authors":"Jennifer S. Hendricks","doi":"10.1093/OXFORDHB/9780197519998.013.29","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780197519998.013.29","url":null,"abstract":"This article examines feminist efforts to disentangle womanhood, biological motherhood, and social motherhood in order to promote equality in the law. It argues that this approach has produced important feminist influence and results in some areas of law but has led to a lack of feminist influence in areas where biological and social motherhood overlap, such as parental rights, reproductive technology, and surrogacy. Just as the law needed a theoretical boost that went beyond gender neutrality to see the gendered harm of sexual harassment at work, it needs a feminist account of pregnancy and birth that recognizes that these biological processes have social, relational dimensions.","PeriodicalId":127651,"journal":{"name":"The Oxford Handbook of Feminism and Law in the United States","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115032546","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Sex-Positive Feminism’s Values in Search of the Law of Pleasure 寻找快乐法则的性积极女性主义价值观
The Oxford Handbook of Feminism and Law in the United States Pub Date : 2021-06-09 DOI: 10.1093/OXFORDHB/9780197519998.013.6
S. Appleton
{"title":"Sex-Positive Feminism’s Values in Search of the Law of Pleasure","authors":"S. Appleton","doi":"10.1093/OXFORDHB/9780197519998.013.6","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780197519998.013.6","url":null,"abstract":"In challenging traditional stereotypes of female sexualities centered on passivity, subordination, harm, and repronormativity, proponents of sex-positive feminism criticize legal feminism generally for undervaluing women’s pleasure, which they celebrate. Yet these proponents often struggle with charting a supportive and affirmative course for law and legal institutions, which have long fostered sex negativity. Part I of this article identifies sex positivity as a thread that runs through multiple feminisms and that offers a potential answer to criticisms and problems. Along the way, this part demonstrates the importance of power and power disparities in sex-positive feminism and of the role of gender. Part II turns to the place of law and legal institutions in sex-positive feminism, juxtaposing prevailing critiques of law’s sex negativity with promising opportunities for change. Part III continues on this note of optimism, consulting popular culture for possibilities to support a more fully developed sex-positive and feminist legal regime.","PeriodicalId":127651,"journal":{"name":"The Oxford Handbook of Feminism and Law in the United States","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132890947","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Title IX 第九条
The Oxford Handbook of Feminism and Law in the United States Pub Date : 2021-06-09 DOI: 10.1093/oxfordhb/9780197519998.013.25
Erin E. Buzuvis
{"title":"Title IX","authors":"Erin E. Buzuvis","doi":"10.1093/oxfordhb/9780197519998.013.25","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780197519998.013.25","url":null,"abstract":"Title IX, the federal civil rights law that prohibits sex discrimination in education, is well known for transforming girls’ and women’s sports. Since its early history, Title IX has embraced a system of sex segregation in sports. However, Title IX’s “separate but equal” regime is increasingly being challenged by feminists who argue that it has not done enough to eliminate gender disparities and inequities in sport and is fundamentally incompatible with the inclusion and fair treatment of transgender and nonbinary athletes. The first two sections of this article trace the history of Title IX as it has been applied to sports. The article then canvasses the feminist arguments for and against sex segregation in sports and makes the case that a regime of strict sex separation is no longer the best strategy for assuring girls’ and women’s success in sports and dislodging pernicious stereotypes of women’s inferior athleticism.","PeriodicalId":127651,"journal":{"name":"The Oxford Handbook of Feminism and Law in the United States","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125062587","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Consent, Rape, and the Criminal Law 同意、强奸与刑法
The Oxford Handbook of Feminism and Law in the United States Pub Date : 2021-06-09 DOI: 10.1093/OXFORDHB/9780197519998.013.26
K. Baker, M. Oberman
{"title":"Consent, Rape, and the Criminal Law","authors":"K. Baker, M. Oberman","doi":"10.1093/OXFORDHB/9780197519998.013.26","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780197519998.013.26","url":null,"abstract":"This article explores the impact of rape law reform, both within and beyond the criminal law. The story of U.S. criminal rape law reform tends to be told as one of remarkable feminist success followed by widespread stagnation. Despite comprehensive changes in the law, reporting rates, prosecution rates, and conviction rates for rape increased only slightly. This article resists that binary account of success and failure by offering a more nuanced assessment. It argues that, by changing rape’s definition to an inquiry focused on whether the victim consented, the law has facilitated a shift in cultural and institutional norms governing unwanted sex. It is naïve to think that a change in law would, on its own, end rape culture, but there is ample evidence to support the conclusion that rape law reform has played a central role in reducing society’s tolerance of the rape prerogatives that have held sway for millennia.","PeriodicalId":127651,"journal":{"name":"The Oxford Handbook of Feminism and Law in the United States","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126169234","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
From Reproductive Rights to Reproductive Justice 从生殖权利到生殖正义
The Oxford Handbook of Feminism and Law in the United States Pub Date : 2021-06-09 DOI: 10.1093/OXFORDHB/9780197519998.013.28
M. Ziegler
{"title":"From Reproductive Rights to Reproductive Justice","authors":"M. Ziegler","doi":"10.1093/OXFORDHB/9780197519998.013.28","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780197519998.013.28","url":null,"abstract":"This article illuminates potential obstacles facing the reproductive justice movement and the way those obstacles might be overcome. Since 2010, reproductive justice—an agenda that fuses access to reproductive health services and demands for social justice—has energized feminist scholars and activists and captured broader public attention. Abortion rights advocates in the past dismissed reproductive justice claims as risky and unlikely to appeal to a broad enough audience. These obstacles are not as daunting as they first appear. Reframing the abortion right as a matter of women’s equality may eliminate some of the constitutional hurdles facing a reproductive justice approach. The political obstacles may be just as surmountable. Understanding the history of the constitutional discourse concerning reproductive justice and reproductive rights may allow us to move beyond the impasse that has defined the relationship between the two for too long.","PeriodicalId":127651,"journal":{"name":"The Oxford Handbook of Feminism and Law in the United States","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117141932","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Environmental Law and Feminism 环境法与女权主义
The Oxford Handbook of Feminism and Law in the United States Pub Date : 2021-06-09 DOI: 10.1093/OXFORDHB/9780197519998.013.37
C. Carlarne
{"title":"Environmental Law and Feminism","authors":"C. Carlarne","doi":"10.1093/OXFORDHB/9780197519998.013.37","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780197519998.013.37","url":null,"abstract":"This article explores the important but poorly understood relationship between environmental law and legal feminism. The modern legal movements to curb environmental degradation and gender-based discrimination are still young. For environmentalism, the focus is on constraining unbridled ecosystem destruction. For feminism, the focus is on discovering and unraveling the systems that subordinate women. Little has been done, however, to cultivate or respond to these movements’ linkages. The onset of climate change and the maturing of climate law, however, are bringing renewed attention to this underexplored relationship. The article explores how the evolution of ecofeminism, the environmental justice movement, and the climate justice movement are advancing thinking at the intersection of environmental law and feminism and the law. In particular, it suggests that as both fields increasingly seek to situate ongoing challenges within larger structures of power and inequality, they draw closer together, creating opportunities for intellectual exchange and coalition building.","PeriodicalId":127651,"journal":{"name":"The Oxford Handbook of Feminism and Law in the United States","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116105134","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Tort Law and Feminism 侵权行为法与女权主义
The Oxford Handbook of Feminism and Law in the United States Pub Date : 2021-06-09 DOI: 10.1093/OXFORDHB/9780197519998.013.38
S. Swan
{"title":"Tort Law and Feminism","authors":"S. Swan","doi":"10.1093/OXFORDHB/9780197519998.013.38","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780197519998.013.38","url":null,"abstract":"The article imagines what tort law might look like if it more fully embraced feminist reforms. Despite decades of compelling feminist advocacy and scholarship, tort law has largely resisted attempts to orient it toward pursuing goals of social justice or equality. Nevertheless, some feminist redirection has laid the groundwork for further development. Focusing on four foundational concepts in tort law—duty, third-party liability, harm, and damages—this article uses the tools, insights, and arguments of modern feminist tort scholarship to envision the doctrinal landscape of a tort law rooted in gender justice and social equality. It explores how reconceptualizing the duty of care, expanding third-party liability, recognizing a broader range of intimate and harassment-based harms, and eliminating gender and racial bias from damage awards could transform tort from an instrument that perpetuates social inequalities into a mechanism of social justice offering recompense and remedy to all who are wrongfully injured.","PeriodicalId":127651,"journal":{"name":"The Oxford Handbook of Feminism and Law in the United States","volume":"84 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130132533","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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