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Feminist legal theory essay
Feminism and jurisprudence essay
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Female Lawyers in the 20th Century
As early as the American Civil War, women fought to enter the legal profession. Since then, they have repeatedly proven themselves competent, and yet many have felt the pressure of opposition from their male counterparts. Even today, discrimination still exists, not from outside the profession, but from within. The reader will confront the history of female attorneys, what obstacles stand in their way, what advances are being made with regards to equality, and where the profession stands today. In addition, the reader will confront interviews with actual women lawyers from New York City, and case studies from across the United States. These women each have unique backgrounds. They work in large law firms, in solo practices, and for the City of New York. For contrast, also included is an interview with a female attorney from Oneonta, New York. Oneonta is a small city in Upstate New York with a population of approximately 14,000. Through the use of these interviews and case studies, the reader will get a first-hand accounting of what it means to be a female attorney today.
History of Women in the Legal Profession
The late 19th century saw the rise of the first female lawyers. The Civil War, as all subsequent wars, had an important affect on women. Women were brought out of the home in order to take over the roles of the men who were away at war. Some women did not wish to return to the domestic life they had left behind and sought their way into the professional world. The first female attorneys were married women, and most came from the Midwest. As there were no law schools at the time, women seeking to enter the legal profession were taught by their lawyer husbands. In 1869 Arabelle A. Manfield became the first woman to be granted a law license. However, not all women would be so fortunate. In 1870, Myra Bradwell passed the Illinois state legal examination. Unfortunately, the state of Illinois “refused to issue her a license on the grounds that law was a wholly unsuitable profession for any wife and mother.”[1] Unhappy with the decision, Bradwell appealed to the United States Supreme Court.
Despite legislation for equal opportunities, sexism is still evident in the workplace. Women have made great advancements in the workforce and have become an integral part of the labor market. They have greater access to higher education and as a result, greater access to traditionally male dominated professions such as law. While statistics show that women are equal to men in terms of their numbers in the law profession, it is clear however, that they have not yet achieved equality in all other areas of their employment. Discrimination in the form of gender, sex and sexual harassment continues to be a problem in today’s society.
Up until and during the mid -1800’s, women were stereotyped and not given the same rights that men had. Women were not allowed to vote, speak publically, stand for office and had no influence in public affairs. They received poorer education than men did and there was not one church, except for the Quakers, that allowed women to have a say in church affairs. Women also did not have any legal rights and were not permitted to own property. Overall, people believed that a woman only belonged in the home and that the only rule she may ever obtain was over her children. However, during the pre- Civil war era, woman began to stand up for what they believed in and to change the way that people viewed society (Lerner, 1971). Two of the most famous pioneers in the women’s rights movement, as well as abolition, were two sisters from South Carolina: Sarah and Angelina Grimké.
After the success of antislavery movement in the early nineteenth century, activist women in the United States took another step toward claiming themselves a voice in politics. They were known as the suffragists. It took those women a lot of efforts and some decades to seek for the ratification of the Nineteenth Amendment. In her essay “The Next Generation of Suffragists: Harriot Stanton Blatch and Grassroots Politics,” Ellen Carol Dubois notes some hardships American suffragists faced in order to achieve the passage of the Nineteenth Amendment. Along with that essay, the film Iron-Jawed Angels somehow helps to paint a vivid image of the obstacles in the fight for women’s suffrage. In the essay “Gender at Work: The Sexual Division of Labor during World War II,” Ruth Milkman highlights the segregation between men and women at works during wartime some decades after the success of women suffrage movement. Similarly, women in the Glamour Girls of 1943 were segregated by men that they could only do the jobs temporarily and would not able to go back to work once the war over. In other words, many American women did help to claim themselves a voice by voting and giving hands in World War II but they were not fully great enough to change the public eyes about women.
The quest to gain international agreement on ethical and legal norms for regulation of whaling has had a long and troubled history. The modern phase of global concern over whaling ethics and conservationist management originated in 1946, when the International Convention on Regulation of Whaling was signed. Thus the International Whaling Commission was created. The International Whaling Commission was designed to control and mandate the whaling industry. From it’s beginning as simply a whalers club with scientific guidance, to the current day conservationist body; the IWC has undergone many revisions and transformations since the start. In 1982 the IWC voted to implement a “pause” on commercial whaling (which is still in effect today). Which major whaling nations, Japan, Norway, Peru, and the Soviet Union (later replaced by Russia) lodged formal objections, due to the fact that the moratorium was not based on advice from the Scientific Committee. One major disappointment of this regulation was due the fact that the moratorium only applies to commercial whaling. Thus, whaling under scientific-research and aboriginal-subsistence is still allowed. Japan and other countries have continued their hunt in the Southern Ocean Whale Sanctuary under the “scientific research” loophole. However, environmental activist groups openly dispute the claims and continue their rally to end the whaling industry for good.
Women’s equality has made huge advancements in the United States in the past decade. One of the most influential persons to the movement has been a woman named Ruth Bader Ginsburg. Ruth faced gender discrimination many times throughout her career and worked hard to ensure that discrimination based on a person’s gender would be eliminated for future generations. Ginsburg not only worked to fight for women’s equality but fought for the rights of men, as well, in order to show that equality was a human right’s issue and not just a problem that women faced. Though she faced hardships and discrimination, Ruth never stopped working and thanks to her equality is a much closer reality than it was fifty years ago. When Ruth first started her journey in law, women were practically unheard of as lawyers; now three women sit on the bench of the highest court in the nation.
Paralegals are continuing to assume new responsibilities in legal offices and perform many of the same duties as attorneys. Through formal education, training and experience, paralegals have knowledge and expertise regarding the legal system and law procedures, which qualify them to work under the supervision of an attorney. Along with preparing legal documents, contracts and other legal materials, a paralegal can also interview witnesses, and conducting legal research. The most important task a paralegal may have is helping an attorney prepare for hearings, trials, and meetings. Although a paralegal is trained to perform the same tasks as attorneys, they are explicitly prohibited from carrying out duties considered to be within the scope of the practice of law, such as setting legal fees, giving legal advice, submitting signed documents to court, and presenting cases in court. Paralegals are an essential part of today’s legal practice; furthermore, a competent paralegal can improve a law office’s profitability and the delivery of legal services. With these new responsibilities comes a higher level of demand and respect. In turn...
The Makah’s seemingly domestic issue of whaling has and is taking on a larger international problem. The United States plays a large part in policing the hunting of whales, one of the most recent examples being the U.S.’s ...
Handwerk B. Whale hunting to continue in Antarctic sanctuary. National Geographic Daily News [Internet]. National Geographic; 2010 June 25 [cited 2014 Jan 23]. 18 paragraphs. Available from: http://news.nationalgeographic.com/news/2010/06/100625-whaling-whales-ban-iwc-japan-hunting/
Women spent majority of their day ironing, washing clothes, baking, sewing clothes and raising their children (page 17). Religion also added to women’s lesser status (page 18). Religion was at the core life of Americans, female submission was decreed to be part of God’s order (page 18). Lucretia Mott soon pointed out that many scriptures celebrated female strength and independence (page 18). As a young girl Elizabeth Cady Stanton learned about laws that limited rights of wives and as an adult found ways to reform marriage and divorce laws (page 23). Things were looking up for women, by 1850 female wage workers made up nearly a quarter of the manufacturing labor work force (page 30). Women were still excluded from occupations such as the military, ministry, law, medicine and jobs felt inappropriate for women (page 32). During this antebellum period women were starting to rise up and realize they deserved to have the same rights and privileges men received. This gave women hope that things could change. By the second quarter of the 19th century few positive changes for women pushed Elizabeth Cady Stanton, Lucretia Mott, Susan B Anthony, Lucy Stone and others to challenge injustices and reform efforts (page
Dayton, Cornelia Hughes. Women Before the Bar: Gender, Law, And Society In Connecticut, 1639-1789. University of North Carolina Press, 1995.
Mink, Gwendolyn. "The Reader's Companion to U.S. Women's History: Legal Status." Houghton Mifflin Study Center. 19 Nov. 2005. http://college.hmco.com/history/readerscomp/women/html/wh_020600_legalstatus.htm.
In the world today, we know that whales are majestic creatures with amazing lifestyles that we don’t completely understand. We also know that however large they are, they are in danger because they have been over hunted and over used by human beings. Today through Commercial Whaling, the whales of the oceans have been put at risk and their population continues to decrease. Countries such as Japan, Iceland, and Norway defy the rules set by The International Whaling Commission under the pretense that they’re whaling for scientific reasons, when in reality they are whaling for commercial reasons of profit. Commercial whaling is a problem in countries around the world, most prominent are the Japanese, and other countries are Iceland and Norway. Over time the status of the whale population has declined because of the increase of technology in whale hunting.
Ever since I was little I was amazed at the ability for a machine to fly. I have always wanted to explore ideas of flight and be able to actually fly. I think I may have found my childhood fantasy in the world of aeronautical engineering. The object of my paper is to give me more insight on my future career as an aeronautical engineer. This paper was also to give me ideas of the physics of flight and be to apply those physics of flight to compete in a high school competition.
Catherine Mackinnon’s radical feminism theory argues that societally is patriarchally dominated by males (MacKinnon 16). The legal system therefore has an inherent male bias. As seen in Susan Glaspell’s short story, “A Jury of Her Peers,” the male-dominated jury would not have acknowledged the psychological trauma of Mrs. Wright’s situation. The facts of the case would have proven her guilt, but the male-dominated legal system would not have accounted for the experiences of Mrs. Wright. As domestic women, Mrs. Hale and Mrs. Peters were able to identity with Mrs. Wright and understand her
For the exploratory paper I knew I wanted to explore this issue further, such as what the United States is doing to prevent this, what countries still practice whaling for financial gain, what makes them so sought after and how many do you really need to harvest for scientific research?