The Constitutional and Legal Rights of Women: Cases in Law and Social Change / Edition 3

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The Constitutional and Legal Rights of Women: Cases in Law and Social Change is designed to provide undergraduate students with a comprehensive, sophisticated treatment of the legal status of all American women.

Authors Baer and Goldstein skillfully blend doctrinal and political developments to document and explain the evolution of women's rights and the law--as well as the dynamics and dissension within the feminist movement. Building on Goldstein's previous editions, this book combines updated material on constitutional law, gender discrimination, and women's rights with new cases and readings on family law, gay rights, and criminal law.

This edition takes a more socio-political and institutional approach than other books on women and the law. The authors consider issues such as institutional questions of constitutional interpretation, the scope of judicial power, the balance of federal-state power, the interaction between law and other social and political institutions, and the capacity of law to effect societal change. The inclusion of state and lower federal court decisions greatly strengthens the book's focus on the law's relationship to gendered inequality.

Topics also include constitutional history, job discrimination, gender equality, advances in reproductive technology law, divorce, child custody, education, same-sex marriage, pornography, and domestic violence.

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Editorial Reviews

From the Publisher

"Two of our nation's most distinguished constitutional scholars have superbly integrated history, court structure, and judicial politics with case law and commentary. This book is so well-written and approachable, scholarly, and complete in the range and depth of its discussion of the hot-button constitutional issues facing women (constitutional equality, employment and family law, reproductive freedom, education, and crime) that I plan to use it in my courses."--Ron Kahn, Oberlin College

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Product Details

  • ISBN-13: 9781933220222
  • Publisher: Oxford University Press
  • Publication date: 2/28/2006
  • Edition description: 3RD
  • Edition number: 3
  • Pages: 650

Meet the Author

Texas A & M University

University of Delaware

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Table of Contents

Chapter 1: Women Seek Constitutional Equality
Women and U.S. Law Before the Fourteenth Amendment
The Privileges or Immunities Clause: The Slaughterhouse Cases (1873)
Access to the Bar: Myra Bradwell v. State of Illinois (1873)
Women's Suffrage and the Fourteenth Amendment Debates
Women and Modern Citizenship, Part One:
The Vote by Constitutional Amendment
Liberty of Contract: Lochner v. New York (1905)
Protecting Women by Limiting Their Freedom: Radice v. New York (1924)
Capitulation on Minimum Wages for Women: West Coast Hotel v. Parrish (1937) and U.S. v. Darby (1941)
Equal Protection Clause
Chapter 2: Women Attain (?) Constitutional Equality
Almost Strict Scrutiny
Court Bides Its Time
Officially Intermediate Scrutiny: Craig v. Boren (1976)
Sex Discrimination Post-Craig Statutory Rape: Michael M. v. Sonoma County (1981)
Women and Modern Citizenship, Part Two
Jury Service
Interlude: Doctrinal Development on the Clinton Court
Conferring Citizenship: Female Versus Male Parents
When Is Discrimination Not Discrimination?
Rights in Conflict
Chapter 3: Women and Employment
Equal Pay and Comparable Worth
Comparable Worth: Washington County v. Gunther (1981)
Title VII and Women's Labor Legislation
'Sex Plus' Discrimination
Sexual Harassment as Sex Discrimination
Gender Stereotyping: Price-Waterhouse v. Hopkins (1989)
Affirmative Action: Johnson v. Transportation Agency (1987)
Chapter 4: Gender and Family Law
Same-Sex Marriage: Kowalski Cases
Legalizing Same-Sex Marriage
Domestic Partnerships and Civil Unions: Baker v. State (1999)
Legal History of Marriage
The Traditional Family
Rights of Unmarried Fathers
Parents versus Grandparents
Parents' Rights Versus Community Rights: Native Americans and Family Law
Chapter 5: Women and Reproduction
Legal Contexts: Implied Constitutional Rights
Contraception and the Right to Privacy
Legalizing Abortion
Securing Access to Abortion
Pregnant Women's Privacy
Reproductive Technology and the Law
Whose Property Are Frozen Embryos?
Posthumous Procreation: Woodward v. Commissioner of Social Security (2002)
Chapter 6: Women and Education
Single-Sex Public Schools: Separate but Equal?
Higher Education
Title IX and Educational Equality
Title IX and Sexual Harassment
Title IX and Retaliation
Chapter 7: Women and Crime
Spouse Abuse
Feminists Divide Over Pornography
The Violence Against Women Act
Chapter 8: Conclusions

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