Harvard Journal Of Law Gender
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The Right of Publicity
Author | : Jennifer Rothman |
Publisher | : Harvard University Press |
Total Pages | : 170 |
Release | : 2018-05-07 |
Genre | : Law |
ISBN | : 0674986350 |
Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
Women’s Lives, Men’s Laws
Author | : Catharine A. MacKinnon |
Publisher | : Harvard University Press |
Total Pages | : 580 |
Release | : 2007-04-30 |
Genre | : Law |
ISBN | : 9780674024069 |
'Women's Lives, Men's Laws' collects papers by MacKinnon from 1980 to the present, in which she discusses the deep gender bias of American law and the changes to legislation on sexual harassment, rape and battering, to which she has contributed.
Feminism Unmodified
Author | : Catharine A. MacKinnon |
Publisher | : Harvard University Press |
Total Pages | : 332 |
Release | : 1987 |
Genre | : Law |
ISBN | : 9780674298743 |
"Catharine A. MacKinnon, noted feminist and legal scholar, explores and develops her original theories and practical proposals on sexual politics and law. These discourses, originally delivered as speeches, have been brilliantly woven into a book that retains all the spontaneity and accessibility of a live presentation. Through these engaged works on issues such as rape, abortion, athletics, sexual harassment, and pornography, MacKinnon seeks feminism on its own terms, unconstrained by the limits of prior traditions. She argues that viewing gender as a matter of sameness and difference--as virtually all existing theory and law have done--covers up the reality of gender, which is a system of social hierarchy, an imposed inequality of power"--Back cover.
Becoming Gentlemen
Author | : Lani Guinier |
Publisher | : Beacon Press |
Total Pages | : 188 |
Release | : 1997-12-10 |
Genre | : Social Science |
ISBN | : 9780807044056 |
"The challenge, then, is not to invent new victims or new scapegoats but to mobilize America for the future. What would it take to ensure that all of us can succeed at getting the job done, the problem solved, and the future more secure?" As a student at Yale Law School in 1974, Lani Guinier attended a class with a white male professor who addressed all the students, male and female, as "gentlemen." To him the greeting was a form of honorific, evoking the values of traditional legal education. To her it was profoundly alienating. Years later Guinier began a study of female law students with her colleagues, Michelle Fine and Jane Balin, to try to understand the frustrations of women law students in male-dominated schools. Women are now entering law schools in large numbers, but too often many still do not feel welcome. As one says, "I used to be very driven, competitive. Then I started to realize that all my effort was getting me nowhere. I just stopped caring. I am scarred forever." After interviewing hundreds of women with similar stories, the authors conclude that conventional one-size-fits-all approaches to legal education discourage many women who could otherwise succeed and, even more, fail to help all students realize their full potential as legal problem-solvers. In Becoming Gentlemen Guinier, Fine, and Balin dare us to question what it means to become qualified, what a fair goal in education might be, and what we can learn from the experience of women law students about teaching and evaluating students in general. Including the authors' original study and two essays and a personal afterword by Lani Guinier, the book challenges us to work toward a more just society, based on ideals of cooperation, the resources of diversity, and the values of teamwork.
Are Women Human?
Author | : Catharine A. MacKinnon |
Publisher | : Harvard University Press |
Total Pages | : 440 |
Release | : 2007-11-30 |
Genre | : Political Science |
ISBN | : 0674417879 |
More than half a century after the Universal Declaration of Human Rights defined what a human being is and is entitled to, Catharine MacKinnon asks: Are women human yet? If women were regarded as human, would they be sold into sexual slavery worldwide; veiled, silenced, and imprisoned in homes; bred, and worked as menials for little or no pay; stoned for sex outside marriage or burned within it; mutilated genitally, impoverished economically, and mired in illiteracy--all as a matter of course and without effective recourse? The cutting edge is where law and culture hurts, which is where MacKinnon operates in these essays on the transnational status and treatment of women. Taking her gendered critique of the state to the international plane, ranging widely intellectually and concretely, she exposes the consequences and significance of the systematic maltreatment of women and its systemic condonation. And she points toward fresh ways--social, legal, and political--of targeting its toxic orthodoxies. MacKinnon takes us inside the workings of nation-states, where the oppression of women defines community life and distributes power in society and government. She takes us to Bosnia-Herzogovina for a harrowing look at how the wholesale rape and murder of women and girls there was an act of genocide, not a side effect of war. She takes us into the heart of the international law of conflict to ask--and reveal--why the international community can rally against terrorists' violence, but not against violence against women. A critique of the transnational status quo that also envisions the transforming possibilities of human rights, this bracing book makes us look as never before at an ongoing war too long undeclared.
Vice Patrol
Author | : Anna Lvovsky |
Publisher | : University of Chicago Press |
Total Pages | : 346 |
Release | : 2021-05-28 |
Genre | : History |
ISBN | : 022676978X |
"Vice Patrol: Cops, Courts, and the Struggle over Urban Gay Life chronicles how local police and criminal justice systems intruded on gay individuals, criminalizing, profiling, surveilling, and prosecuting them from the 1930's through the 1960's. Anna Lvovsky details the progression of enforcement strategies through the targeting of gay-friendly bars by liquor boards, enticement of sexual overtures by plainclothes police decoys, and surveilling of public bathrooms via peepholes and two-way mirrors to catch someone "in the act." Lvovsky shows how the use of tactics indistinguishable from entrapment to criminalize homosexual men in public and private spaces produced charges brought forward and disputed by attorneys and evidence that had to stand before judges, who at times intervened against punitive policies. In Vice Patrol the author demonstrates how developments in the psychological, medical, and sociological handling of homosexuality filtered into police stations, courthouses, and the wider culture"--
Gaylaw
Author | : William N. ESKRIDGE |
Publisher | : Harvard University Press |
Total Pages | : 482 |
Release | : 2009-06-30 |
Genre | : Law |
ISBN | : 0674036581 |
This text provides a comprehensive analysis of the legal issues concerning gender and sexual nonconformity in the United States. The text is split into three parts covering the post-Civil war period to the 1980s, contemporary issues and legal arguments.
Recognizing Wrongs
Author | : John C. P. Goldberg |
Publisher | : Harvard University Press |
Total Pages | : 393 |
Release | : 2020-02-04 |
Genre | : Law |
ISBN | : 0674246527 |
Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.
How Sex Changed
Author | : Joanne Meyerowitz |
Publisher | : Harvard University Press |
Total Pages | : 394 |
Release | : 2009-07-01 |
Genre | : Social Science |
ISBN | : 0674040961 |
How Sex Changed is a fascinating social, cultural, and medical history of transsexuality in the United States. Joanne Meyerowitz tells a powerful human story about people who had a deep and unshakable desire to transform their bodily sex. In the last century when many challenged the social categories and hierarchies of race, class, and gender, transsexuals questioned biological sex itself, the category that seemed most fundamental and fixed of all. From early twentieth-century sex experiments in Europe, to the saga of Christine Jorgensen, whose sex-change surgery made headlines in 1952, to today’s growing transgender movement, Meyerowitz gives us the first serious history of transsexuality. She focuses on the stories of transsexual men and women themselves, as well as a large supporting cast of doctors, scientists, journalists, lawyers, judges, feminists, and gay liberationists, as they debated the big questions of medical ethics, nature versus nurture, self and society, and the scope of human rights. In this story of transsexuality, Meyerowitz shows how new definitions of sex circulated in popular culture, science, medicine, and the law, and she elucidates the tidal shifts in our social, moral, and medical beliefs over the twentieth century, away from sex as an evident biological certainty and toward an understanding of sex as something malleable and complex. How Sex Changed is an intimate history that illuminates the very changes that shape our understanding of sex, gender, and sexuality today.