Gendered Law in American History


Book Description

Gendered Law in American History is a remarkable compendium of over thirty years of research and teaching in the field. It explores an array of social, cultural, and legal arenas from the turn of the nineteenth to the middle of the twentieth centuries, including concepts of citizenship at the founding of the republic, the development of married women's property laws, divorce, child custody, temperance, suffrage, domestic and racial violence before and after the Civil War, protective labor legislation, and the use of legal history testimony in legal disputes. It is both an invaluable reference tool and an important new teaching text. " . . . a new resource offers a comprehensive, elegantly curated collection of primary documents that shed light on a range of the most important themes: Gendered Law in American History by Richard Chused and Wendy Williams. This rich resource--more than 1200 pages--is ideal summer reading for family law enthusiasts! . . . One of the achievements of this monumental book is its constant probing of the relationship between the private law and the public law dimensions of gender rules and debates in 19th Century America. Sometimes these links seem pretty attenuated, but they are always worth asking about, in part because the law school curriculum divides the public law and private law dimensions of the family into separate topics, courses, and bodies of law. The unique collaboration of Chused and Williams, over twenty years of teaching a seminar on Gender and American Legal History at Georgetown together, doubtless made this inquiry possible. We are all the richer for the massive labor they and their students have put into this highly valuable contribution." -- Janet Halley, Royall Professor of Law, Harvard Law School in Jotwell.




Law, Gender, and Injustice


Book Description

The legal status of women has changed more rapidly in the last 20 years than in the previous 200, Hoff argues, but these changes have become less important over time. The American power structure has relinquished rights to women and minorities only after these rights have been diminished by a white-male-dominated legal system. She calls for a reinterpretation of legal texts to create a feminist jurisprudence. Annotation copyrighted by Book News, Inc., Portland, OR




Feminist Legal History


Book Description

Attuned to the social contexts within which laws are created, feminist lawyers, historians, and activists have long recognized the discontinuities and contradictions that lie at the heart of efforts to transform the law in ways that fully serve women's interests. At its core, the nascent field of feminist legal history is driven by a commitment to uncover women's legal agency and how women, both historically and currently, use law to obtain individual and societal empowerment. Feminist Legal History represents feminist legal historians' efforts to define their field, by showcasing historical research and analysis that demonstrates how women were denied legal rights, how women used the law proactively to gain rights, and how, empowered by law, women worked to alter the law to try to change gendered realities. Encompassing two centuries of American history, thirteen original essays expose the many ways in which legal decisions have hinged upon ideas about women or gender as well as the ways women themselves have intervened in the law, from Elizabeth Cady Stanton's notion of a legal class of gender to the deeply embedded inequities involved in Ledbetter v. Goodyear, a 2007 Supreme Court pay discrimination case. Contributors: Carrie N. Baker, Felice Batlan, Tracey Jean Boisseau, Eileen Boris, Richard H. Chused, Lynda Dodd, Jill Hasday, Gwen Hoerr Jordan, Maya Manian, Melissa Murray, Mae C. Quinn, Margo Schlanger, Reva Siegel, Tracy A. Thomas, and Leti Volpp




A Companion to American Women's History


Book Description

This collection of twenty-four original essays by leading scholars in American women's history highlights the most recent important scholarship on the key debates and future directions of this popular and contemporary field. Covers the breadth of American Women's history, including the colonial family, marriage, health, sexuality, education, immigration, work, consumer culture, and feminism. Surveys and evaluates the best scholarship on every important era and topic. Includes expanded bibliography of titles to guide further research.




Gendering Labor History


Book Description

The role of gender in the history of the working class world




Women Before the Bar


Book Description

Women before the Bar is the first study to investigate changing patterns of women's participation in early American courts across a broad range of legal actions--including proceedings related to debt, divorce, illicit sex, rape, and slander. Weaving the stories of individual women together with systematic analysis of gendered litigation patterns, Cornelia Dayton argues that women's relation to the courtroom scene in early New England shifted from one of integration in the mid-seventeenth century to one of marginality by the eve of the Revolution. Using the court records of New Haven, which originally had the most Puritan-dominated legal regime of all the colonies, Dayton argues that Puritanism's insistence on godly behavior and communal modes of disputing initially created unusual opportunities for women's voices to be heard within the legal system. But women's presence in the courts declined significantly over time as Puritan beliefs lost their status as the organizing principles of society, as legal practice began to adhere more closely to English patriarchal models, as the economy became commercialized, and as middle-class families developed an ethic of privacy. By demonstrating that the early eighteenth century was a crucial locus of change in law, economy, and gender ideology, Dayton's findings argue for a reconceptualization of women's status in colonial New England and for a new periodization of women's history.




Gendered Citizenship


Book Description

By engaging deeply with American legal and political history as well as the increasingly rich material on gender history, Gendered Citizenship illuminates the ideological contours of the original struggle over the Equal Rights Amendment (ERA) from 1920 to 1963. As the first comprehensive, full-length history of that struggle, this study grapples not only with the battle over women’s constitutional status but also with the more than forty-year mission to articulate the boundaries of what it means to be an American citizen. Through an examination of an array of primary source materials, Gendered Citizenship contends that the original ERA conflict is best understood as the terrain that allowed Americans to reconceptualize citizenship to correspond with women’s changing status after the passage of the Nineteenth Amendment. Finally, Rebecca DeWolf considers the struggle over the ERA in a new light: focusing not on the familiar theme of why the ERA failed to gain enactment, but on how the debates transcended traditional liberal versus conservative disputes in early to mid-twentieth-century America. The conflict, DeWolf reveals, ultimately became the defining narrative for the changing nature of American citizenship in the era.




Gendered Asylum


Book Description

Women filing gender-based asylum claims long faced skepticism and outright rejection within the United States immigration system. Despite erratic progress, the United States still fails to recognize gender as an established category for experiencing persecution. Gender exists in a sort of limbo segregated from other aspects of identity and experience. Sara L. McKinnon exposes racialized rhetorics of violence in politics and charts the development of gender as a category in American asylum law. Starting with the late 1980s, when gender-based requests first emerged in case law, McKinnon analyzes gender- and sexuality-related cases against the backdrop of national and transnational politics. Her focus falls on cases as diverse as Guatemalan and Salvadoran women sexually abused during the Dirty Wars and transgender asylum seekers from around the world fleeing brutally violent situations. She reviews the claims, evidence, testimony, and message strategies that unfolded in these legal arguments and decisions, and illuminates how legal decisions turned gender into a political construct vulnerable to American national and global interests. She also explores myriad related aspects of the process, including how subjects are racialized and the effects of that racialization, and the consequences of policies that position gender as a signifier for women via normative assumptions about sex and heterosexuality. Wide-ranging and rich with human detail, Gendered Asylum uses feminist, immigration, and legal studies to engage one of the hotly debated issues of our time.




Interconnections


Book Description

Explores gender and race as principal bases of identity and locations of power and oppression in American history. This collection builds on decades of interdisciplinary work by historians of African American women as well as scholars of feminist and critical race theory, bridging the gap between well-developed theories of race, gender, and power and the practice of historical research. It examines how racial and gender identity is constructed from individuals' lived experiences in specific historical contexts, such as westward expansion, civil rights movements, or economic depression as well as by national and transnational debates over marriage, citizenship and sexual mores. All of these essays consider multiple aspects of identity, including sexuality, class, religion, and nationality, amongothers, but the volume emphasizes gender and race as principal bases of identity and locations of power and oppression in American history. Contributors: Deborah Gray White, Michele Mitchell, Vivian May, Carol MoseleyBraun, Rashauna Johnson, Hélène Quanquin, Kendra Taira Field, Michelle Kuhl, Meredith Clark-Wiltz. Carol Faulkner is Associate Professor and Chair of History at Syracuse University. Alison M. Parker is Professor and Chairof the History Department at SUNY College at Brockport.




The Oxford Handbook of American Women's and Gender History


Book Description

From the first European encounters with Native American women to today's crisis of sexual assault, The Oxford Handbook of American Women's and Gender History boldly interprets the diverse history of women and how ideas about gender shaped their access to political and cultural power in North America. Over twenty-nine chapters, this handbook illustrates how women's and gender history can shape how we view the past, looking at how gender influenced people's lives as they participated in migration, colonialism, trade, warfare, artistic production, and community building. Theoretically cutting edge, each chapter is alive with colorful historical characters, from young Chicanas transforming urban culture, to free women of color forging abolitionist doctrines, Asian migrant women defending the legitimacy of their marriages, and transwomen fleeing incarceration. Together, their lives constitute the history of a continent. Leading scholars across multiple generations demonstrate the power of innovative research to excavate a history hidden in plain sight. Scrutinizing silences in the historical record, from the inattention to enslaved women's opinions to the suppression of Indian women's involvement in border diplomacy, the authors challenge the nature of historical evidence and remap what counts in our interpretation of the past. Together and separately, these essays offer readers a deep understanding of the variety and centrality of women's lives to all dimensions of the American past, even as they show that the boundaries of "women," "American," and "history" have shifted across the centuries.