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More About This Textbook
Overview
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.
Product Details
Related Subjects
Meet the Author
University of Delaware
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 Divorce 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 Sterilization 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 Rape Feminists Divide Over Pornography The Violence Against Women Act Prostitution
Chapter 8: Conclusions
Notes