Introduction: The Politics of Biology-The Essence of Control

SECTION I: THE 1600s-EARLY 1900s

Chapter 1: Women and the Hierarchy of Gender -
Early America:
A New World of European Ideals and Godly Influence Impossible Women:
"Remarkable Providences" and God in a History of Details Inventing America:
The European Tradition, Obedient Women, and American Common Law Identity Crisis:
Women and the Constitution: What Went Without Saying The Dred Scott Decision:
Carving Women's Rights Out of "Human Rights"
Bradwell v. Illinois:
Why Women Couldn't and Shouldn't Practice Law Minor v. Happersett:
When is a Citizen Not a Citizen?

Chapter 2: Biology, Sex, and the Obligation of Motherhood Women and the "Gift:"
A Life Defined by Biology Modern Europe, Early America:
Protecting Society-Guarding Sexuality Women and the Womb:
The Emerging Birth Control Debate Margaret Sanger and OtherRebels:
Women Who Would "Injure" Society

Chapter 3: Working Women and the Issue of "Protection"
• Women Working in America:
"Frailty, thy name is woman!"
Working Women Go to Court:
Efforts to Overcome the Mission Divine Protectionist Legislation:
A Place at Work for Women and a Place for Muller in History

SECTION II: TWENTIETH CENTURY DEVELOPMENTS

Chapter 4: The Nation Goes to War and "Rosie" is Born
• "Men's Work," the Great Depression, and World War II:
Unemployment, War, and Opportunities for Women History Redrawn at the Roots:
Women and the New American Workforce Women at Work:
The Issue of the "Superwoman" is Born Women Go Home:
Life after the Second World War

Chapter 5: The Birth Control Debate Begins
• America after the War:
Turning from Rosie to June Images of the New American Family:
Women in the Shadow of June The Changes of the 1960s:
Sex and the Modern Woman Uncovering Fundamental Rights:
Redefining Zones of Privacy The Birth Control Debate:
Getting from B to A Resurrecting Substantive Due Process:
The Lochner Doctrine is Reborn Birth Control and Minors:
Privacy vs. a Parent's Right to Know Emerging Issues Today:
And a Conservative Challenge The Abortion Debate:
"Unborn Life" vs. Women's Rights Accidents, Epidemics, Birth Defects, and Consequences:
In Sickness and for Health-Abortion as a Solution Abortion and Adult Women:
A History of Fragmentation How "Choice" Became Law:
"Jane Roe" Takes on Texas Challenging Roe (Over and Over):
Attempting to Turn Back the Clock Assessing the Fallout as the Challenges Continue:
Roe Under Attack-Two Decades of Battle Abortion and Minors:
Do Young Women have the Right to Choose?
Child Custody Protection Act:
Divide and Conquer in the Name of Family

Chapter 6: The 1960s and an Era of Change
• Women, Work, and the Question of Equality:
The Struggle to Find a Balance Modern Equations of Women at Work:
After the Civil Rights Act of 1964
"Pregnancy Discrimination" and the Constitution:
Does the Equal Protection Clause Apply?
Title VII of the Civil Rights Act of 1964
And the Evolution of the Pregnancy Discrimination Act A New Tool in the Battle:
The Pregnancy Discrimination Act of 1978

Chapter 7: The Law of Pregnancy in the Workplace
• The Tough Task of Proving Pregnancy Discrimination:
Title VII and the PDA at Work The Law in Practice:
Applying the Pregnancy Discrimination Act When She is No Longer Needed:
Smith v. F.W. Morse & Co., Inc.
The McDonnell Douglas Standard:
Racial Discrimination Creates a Framework for Gender Discrimination Claims Shifting Burdens in Real Life:
Differing Interpretations Among the Courts Beyond the McDonnell Douglas Test:
The Evidentiary Requirements Bergstrom-Ek v. Best Oil Co.:
A Smoking Gun or a Loose Canon?
Direct vs. Circumstantial Evidence:
Balancing the Facts in Pregnancy Discrimination Claims Defining Intent:
The Pretext Question Sorting Out the Facts:
The "Bad Employee" Defense Market Forces and Job Elimination:
"Layoff Litigation" and Maternity Leave Force Reductions Analysis:
The Armbruster Test Modern Issues in the Workplace Today:
A Love-Hate Relationship with "Protective" Measures
"Preference" or "Protectionism":
Reassigning the Pregnant Employee and the Question of Accommodation When a Firefighter is a Woman:
Richards v. City of Topeka Title VII and Gender Discrimination:
Four Cases and the Making of a Turning Point The "Gender Revolution" and the 1990s:
Title VII and a Flood of Modern Cases The 1998 Supreme Court Term:
The Law Poised for Change No Longer Business as Usual:
Sexual Harassment Law after the 1998 Term

Chapter 8: Guerrilla Tactics and Reproductive Rights Today -
In the Bedroom:
Issues of Sex and Privacy Reexamining Sexual Privacy:
Through the Prism of Same-Sex Activity The Same-Sex Marriage Challenge:
With This Ring, I Do Change the Rules The Fall of Bowers v. Hardwick:
Changing Times Lead to New Laws Lifestyle Choices vs. Medical Treatment:
Current Issues in Reproductive Rights Law Abortion and the Challenge of the 1990s:
Murder and Mayhem in the Name of "Life"
After the Violence; The Declining Availability of Abortion:
Where Choice Exists-The Procedure May Not The Battle that Never Ends:
Abortion and Where Women Stand The Landscape of the New Debate:
A Conservative Agenda and an Administration Open to It A Direct Challenge and Failure:
The Partial-Birth Abortion Debate The Law after Stenberg v. Carhart:
The Battle Moves to Washington HumanizingFetuses-Dehumanizing Women:
And the Creation of "Unborn Children"
The Politics of Deconstruction:
Redefining "Life" to Dismantle Roe The Neo-Semantics of the Continued Debate:
Turning the "Fetuses" of Roe into the "Unborn Children" of Today A Shift in Perspective and Changing Law in Play:
Where the Law Stands Today Knocking On the Back Door:
Connor's Law and the "Unborn Victims of Violence Act"
The White House Weighs In:
Religious Initiatives and George W. Bush

Chapter 9: A Woman's Worth: Less is Still Less
• A Century of Questions:
Where Women Stand Today The 1990s:
A Postmodern June At the Turn of the Millennium:
Money Matters and Women The "New Economy":
A Boom or Bust for Women?
This Woman's Work:
Seventy-Something Cents on the Dollar

Chapter 10: The Reproductive Rights of "New Medicine" -
Other Issues in Reproductive Law:
When Does the State's "Concern" Go too Far?
Reproductive Rights and New Medicine:
Creating a New Universe of Choice Motherhood and Modern Medicine:
Oh, What a Tangled Web We Weave, When First We Practice to Deceive Conceive Assisted Reproduction:
And the Kinship of Modern Time Getting the Ball Rolling:
In the Matter of Baby M and Other Issues of Surrogacy Surrogacy and Artificial Insemination:
The Side-Effects of Assistance The Widows and Sperm:
Posthumous Conception and Other Defining Issues The Sperm and the Egg:
Money and the Legal Issues Davis v. Davis:
Frozen Embryos and the Coupling Problem Sperm Donors and Dads:
An Evolving Standard Assisted Reproductive Technologies:
Bigger Possibilities-More Devastating Mistakes Embryo Fraud:
Errors, Destruction, and Deliberate Deception Baby Strain or Escape Hatch:
Assisted Reproduction from the Male Perspective Prevention Foiled-The Stork has Arrived:
Fraudulent Birth and the Misuse of Sperm

Chapter 11: Sex and "Seduction" in the Time of AIDS
• Dating Games and STDs:
White Lies as a Cause of Action Lover's Perjuries:
Intimate Contagions and Their Force on the Law The AIDS Issue:
An Offense of a Different Color American Women and HIV:
Facing the Epidemic-Changing the Law The Limitations of HAART:
Resentment and a Backlash The Spread of HIV:
And the New Law Fraud of the Sexual Variety:
A New Tool in an Old War or the Battle of the Sexes Comes Full Circle Fraudulent Couplings:
A New Cause of Action Gaining Ground

SECTION III: THE POLITICS OF FEMALE ADOLESCENCE

Chapter 12: Pop Life and the Legal Confusion of Girls -
The World of Pre-Women:
Confounding Realities in a Quasi-Adult Universe Biology's Girl:
Becoming a Woman and the Hormone Parade Precocious Puberty:
The Physical Perspective and the Problems It May Cause C Cups and Precocious Sexual Contact:
Because Boys will be Boys The Terrain of Modern Girlhood:
From Adolescent Girl to Woman-of-the-World in a Blink Society's Girl:
The Lolita Effect and Adoration of the 12-year-old The Clothes that Make the Girl "A Woman":
From Simone de Beauvoir to the Commercial World And Now the Real Story:
Ophelia in Snapshots The Law's Girl:
Adolescent Women Under the Law Girls and Sex:
Statutory Rape Laws and a History of Protecting Virtue Girls and Schools:
Issues in Equality and Discrimination The New ABCs of Education:
Sexual Assault in the Classroom

SECTION IV: VIOLENCE AND WOMEN

Chapter 13: A Woman's Place is in the Hospital The Story of Violence:
A Toll Counted Daily The Seeds of Violence:
On History Repeating Itself and Then Some The Modern Trend of Man:
Violence and Mankind; Violence and Womankind Maidenhood and Maidenheads:
Hymen Envy and a Universe Desirous of Virgins The Opposite of Mary and Working Shame:
Sin and Slander by Sexual Reference Sexual Reference and Libel:
The Current and Historic Practice

Chapter 14: Current Issues in Rape and Sexual Assault Law
• Rape and Sexual Assault:
The Cultural Debate-The Legal Issues The Less Cerebral Measures of Rape and Sexual Assault:
The Statistical Dimensions The Statistical Dimensions of Rapists:
Who's Playing at Survival of the Fittest?
Rape: "A Crime of Violence in Which Sex is the Weapon:"
The Content and Context of "Rape Law" Today Defining Rape:
Obvious Devastations; Abstruse Standards History and the "Utmost" Resistance:
The Need to Push the Law Forward Reform Gains a Foothold:
The Slow Steps to Change Enormous Promise-a More Limited Reality:
A Model Penal Code and the Reformation of Rape Laws Rape and Implicit Violence:
Pride Makes Resistance "Instinctive"
Shielding Sexual History:
Or Creating Doubt by Turning Victim into Vamp The Rape Shield:
And Other Exemptions at Work in the Courts Inventing Consent:
Where There is None Rape and Sexual Assault:
And the Violence Against Women Act Brzonkala v. Virginia Polytechnic and State University:
United States v. Morrison A Civil Rape Remedy Not Allowed:
An "Activist" Court and a Federalist Agenda Brzonkala v. Virginia Polytechnic:
United States v. Morrison is Decided

Chapter 15: The Private Story of Private Abuse
• Battery Begins at Home:
Private Crimes or Public Health Problems A Woman's Place is in the Hospital:
The Statistical Side of Domestic Violence and Murder Who Takes a Beating:
A Socio-economic Portrait of "Intimate Partner" Violence Violence and the Contemporary Love Affair:
Why Battery Prevails When All Else Fails Violent Factors in Everyday Life:
The Power to Cause a Reign of Terror Mandatory Arrests:
The Heavy Hand of the Law

Epilogue -

Index -

About the Author

Debran Rowland is an attorney, a writer, and an artist who earned her law degree at Loyola University of Chicago School of Law. In addition, Ms. Rowland holds a degree in English from Carleton College and an M.A. in cultural anthropology from Columbia University in New York. She has studied at the Art Student's League of New York and her illustrations have been published in Al Dia newspaper in addition to other places.

Ms. Rowland has written for The Korea Times, New York; The New Pittsburgh Courier; Pittsburgh Press; the Chicago Tribune; and, the Commercial Appeal. Writing awards include Best News Feature, Chicago Association of Black Journalists, 1991, and the Robert L. Vann award for Best Print News Series, 1988.

Legal academic awards for Ms. Rowland include the American Jurisprudence and Corpus Secundum awards. Legal articles written by Ms. Rowland have been published in American Law Reports (5th Series); Loyola University School of Law Public Interest Law Reporter; and, the Illinois Bar Examiner.

She has lived in India, where she taught English to "untouchable" children in a slum, and in Australia, where she covered the Constitutional Convention in 1998. In addition to writing, Ms. Rowland is a volunteer with Chicago Volunteer Legal Services, where she handles civil-rights based immigration appeals in federal court.