Cover image for Women in American law : the struggle toward equality from the New Deal to the present
Title:
Women in American law : the struggle toward equality from the New Deal to the present
Author:
Baer, Judith A.
Personal Author:
Edition:
Third edition.
Publication Information:
New York : Holmes & Meier, 2002.
Physical Description:
x, 388 pages ; 24 cm
General Note:
First ed. published in 1991 as v. 2 of Women in American law.
Language:
English
ISBN:
9780841914339

9780841914315
Format :
Book

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KF478 .B34 2002 Adult Non-Fiction Non-Fiction Area
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Summary

Author Notes

Judith A. Baer is professor of political science at Texas A&M University


Judith A. Baer is professor of political science at Texas A&M University


Table of Contents

Prefacep. vii
1 Introduction: Women and the Lawp. 1
Suggested Readingp. 16
2 Women and the Constitutionp. 18
The Historical Backgroundp. 21
1937: The Battle of the New Dealp. 24
The Slough of Patriarchy: 1937-1971p. 25
The Warren Court and the Rights Revolutionp. 28
Tiers and a "Mezzanine": The Burger Court Yearsp. 30
Intermediate Scrutiny: Judging the Justificationsp. 34
The Rights of Unwed Fathers, If They Have Anyp. 39
What Are All These Men Doing Here?p. 45
The VMI Casep. 46
When Is Discrimination Not Discrimination?p. 48
Separate but Equalp. 51
The Constitutional Mini-Revolutionp. 52
The Equal Rights Amendmentp. 56
Conclusionp. 63
Suggested Readingp. 64
3 Women and Employmentp. 65
Equal Pay and Comparable Worthp. 69
Equal Opportunity and Sex Discriminationp. 77
Title VII and Protective Legislationp. 79
"Sex Plus" Discrimination, Redefinedp. 82
Sexual Harassmentp. 85
Indirect Discrimination and Facially Neutral Rulesp. 92
Indirection and Subjectivityp. 95
Affirmative Action: Past and Futurep. 100
The Worker as Mother, Actual or Potentialp. 109
Conclusion: One Cheer for a Paycheckp. 117
Suggested Readingp. 119
4 Women's Intimate Lives: Beyond the Patriarchal Familyp. 120
Preserving Family Valuesp. 122
Law, Society, and the Familyp. 127
From Divorce to Dissolutionp. 134
No-Fault Divorce and the Feminization of Povertyp. 139
The Government and the Former Familyp. 144
Child Custodyp. 147
Fathers' Rights and Adoptionp. 158
Death, Patriarchy, and the American Familyp. 159
Conclusionp. 164
Suggested Readingp. 170
5 Women and Reproductionp. 171
Where Individualism Fails: Pregnancy and Powerp. 172
"If We Don't Own the Flesh We Stand In": Fertility and Freedomp. 175
Infertility by Fiat: Compulsory Sterilizationp. 180
Squelching and Squealing: The Special Case of the Youngp. 184
The Right to Motherhoodp. 185
Motherhood and the New Technologyp. 187
Reproductive Freedom and the Right to Privacyp. 194
Abortion and the Constitutionp. 198
Since Roe: A Feminist Jurisprudence of Reproductive Rightsp. 201
Whose Choice? Whose Knowledge? What Conditions? When?p. 205
Abortions and Public Fundingp. 210
The Future of Choicep. 214
Conclusionp. 216
Suggested Readingp. 219
6 Gateways and Barriers: Education and Participationp. 221
The Walls Crumble Down: From the 1930s to the 1970sp. 224
Educational Equality and Congressional Initiativep. 232
Courts, Congress, and Civil Rightsp. 235
Women in the Educational Systemp. 241
Women and Community Life: Removing the Barriersp. 243
Prioritizing Rights: Private Association and Public Goodp. 248
Conclusionp. 251
Suggested Readingp. 254
7 Practitioners, Actors, Subjects: Women in the Legal Systemp. 255
Rape: A Crime of Patriarchyp. 256
Dirty Little Secrets: Violence Within the Familyp. 264
Dirty Little Secrets: The Sexual Abuse of Childrenp. 268
Violence Without Force: The Case of Pornographyp. 273
Women and Crimep. 276
Women in the Hands of an Angry Lawp. 281
Women in the Legal Professionp. 284
Conclusionp. 290
Suggested Readingp. 293
8 Conclusion: From Patriarchy Toward Equalityp. 295
Power and Patriarchy: A Recapitulationp. 296
From Patriarchy Toward Equalityp. 298
The Future of Sexual Equalityp. 300
Feminist Bashing: The Power of Backlashp. 303
Utopian and Dystopian Visionsp. 310
The Problem that Won't Go Awayp. 315
Equality and the Lawp. 316
Suggested Readingp. 317
Research Guidep. 319
Notesp. 323
General Indexp. 363
Index of Casesp. 381
Prefacep. vii
1 Introduction: Women and the Lawp. 1
Suggested Readingp. 16
2 Women and the Constitutionp. 18
The Historical Backgroundp. 21
1937: The Battle of the New Dealp. 24
The Slough of Patriarchy: 1937-1971p. 25
The Warren Court and the Rights Revolutionp. 28
Tiers and a "Mezzanine": The Burger Court Yearsp. 30
Intermediate Scrutiny: Judging the Justificationsp. 34
The Rights of Unwed Fathers, If They Have Anyp. 39
What Are All These Men Doing Here?p. 45
The VMI Casep. 46
When Is Discrimination Not Discrimination?p. 48
Separate but Equalp. 51
The Constitutional Mini-Revolutionp. 52
The Equal Rights Amendmentp. 56
Conclusionp. 63
Suggested Readingp. 64
3 Women and Employmentp. 65
Equal Pay and Comparable Worthp. 69
Equal Opportunity and Sex Discriminationp. 77
Title VII and Protective Legislationp. 79
"Sex Plus" Discrimination, Redefinedp. 82
Sexual Harassmentp. 85
Indirect Discrimination and Facially Neutral Rulesp. 92
Indirection and Subjectivityp. 95
Affirmative Action: Past and Futurep. 100
The Worker as Mother, Actual or Potentialp. 109
Conclusion: One Cheer for a Paycheckp. 117
Suggested Readingp. 119
4 Women's Intimate Lives: Beyond the Patriarchal Familyp. 120
Preserving Family Valuesp. 122
Law, Society, and the Familyp. 127
From Divorce to Dissolutionp. 134
No-Fault Divorce and the Feminization of Povertyp. 139
The Government and the Former Familyp. 144
Child Custodyp. 147
Fathers' Rights and Adoptionp. 158
Death, Patriarchy, and the American Familyp. 159
Conclusionp. 164
Suggested Readingp. 170
5 Women and Reproductionp. 171
Where Individualism Fails: Pregnancy and Powerp. 172
"If We Don't Own the Flesh We Stand In": Fertility and Freedomp. 175
Infertility by Fiat: Compulsory Sterilizationp. 180
Squelching and Squealing: The Special Case of the Youngp. 184
The Right to Motherhoodp. 185
Motherhood and the New Technologyp. 187
Reproductive Freedom and the Right to Privacyp. 194
Abortion and the Constitutionp. 198
Since Roe: A Feminist Jurisprudence of Reproductive Rightsp. 201
Whose Choice? Whose Knowledge? What Conditions? When?p. 205
Abortions and Public Fundingp. 210
The Future of Choicep. 214
Conclusionp. 216
Suggested Readingp. 219
6 Gateways and Barriers: Education and Participationp. 221
The Walls Crumble Down: From the 1930s to the 1970sp. 224
Educational Equality and Congressional Initiativep. 232
Courts, Congress, and Civil Rightsp. 235
Women in the Educational Systemp. 241
Women and Community Life: Removing the Barriersp. 243
Prioritizing Rights: Private Association and Public Goodp. 248
Conclusionp. 251
Suggested Readingp. 254
7 Practitioners, Actors, Subjects: Women in the Legal Systemp. 255
Rape: A Crime of Patriarchyp. 256
Dirty Little Secrets: Violence Within the Familyp. 264
Dirty Little Secrets: The Sexual Abuse of Childrenp. 268
Violence Without Force: The Case of Pornographyp. 273
Women and Crimep. 276
Women in the Hands of an Angry Lawp. 281
Women in the Legal Professionp. 284
Conclusionp. 290
Suggested Readingp. 293
8 Conclusion: From Patriarchy Toward Equalityp. 295
Power and Patriarchy: A Recapitulationp. 296
From Patriarchy Toward Equalityp. 298
The Future of Sexual Equalityp. 300
Feminist Bashing: The Power of Backlashp. 303
Utopian and Dystopian Visionsp. 310
The Problem that Won't Go Awayp. 315
Equality and the Lawp. 316
Suggested Readingp. 317
Research Guidep. 319
Notesp. 323
General Indexp. 363
Index of Casesp. 381