Digital Commons Network^™

Rethinking Women And The Constitution: An Historical Argument For Recognizing Constitutional Flexibility With Regards To Women In The New Republic, Samantha Ricci Oct 2009

Vindicating The Matriarch: A Fair Housing Act Challenge To Federal No-Fault Evictions From Public Housing, Melissa A. Cohen Jan 2009

Gender Equality And Women's Solidarity Across Religious, Ethnic, And Class Differences In The Kenyan Constitutional Review Process, Athena D. Mutua Oct 2006

Transforming Society Through Law: St. George Tucker, Women's Property Rights And An Active Republican Judiciary, Mark Douglas Mcgarvie Feb 2006

The Principle And Practice Of Women's "Full Citizenship": A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday Dec 2002

Striking The Rock: Confronting Gender Equality In South Africa, Penelope E. Andrews Jan 1998

Ru 486 Examined: Impact Of A New Technology On An 0 Id Controversy, Gwendolyn Prothro Jun 1997

Homologizing Pregnancy And Motherhood: A Consideration Of Abortion, Julia E. Hanigsberg Nov 1995

Constitutional Misconceptions, Radhika Rao May 1995

The Countermajoritarian Paradox, Neal Davis May 1995

Exclusion To Emancipation: A Comparative Analysis Of Women's Citizenship In Australia And The United States 1869-1921, Linda J. Kirk Apr 1995

Life's Sacred Value—Common Ground Or Battleground, Alexander Morgan Capron May 1994

A Question Of Choice, Michele A. Estrin May 1993

"But Whoever Treasures Freedom…": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer Mar 1993

Conflict Of Constitutions? No Thanks: A Response To Professors Brilmayer And Kreimer, Gerald L. Neuman Mar 1993

Gender Based Peremptory Challenges And The New York State Constitution, Frederick T. Kelsey Jan 1991

Why We Lost The Era, Judith L. Hudson May 1988

Judging And Equality: Quis Custodiet Ipsos Custodes?, Edward J. Mcbride Sep 1986

Judging And Equality: Quis Custodiet Ipsos Custodes?, Edward J. Mcbride

Dalhousie Law Journal

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"Equality," like law, politics, and life itself, displays myriad aspects. Reflections on equality, therefore, must take many differentforms, as this volume will subsequently demonstrate. Now that Canada has entrenched equality as a constitutional value, facets of the issue seem to proliferate, almost without end. Questions abound: Will the equality guarantees be confined to public action only? What constitutes public action? Will the enumerated categories protected against discrimination be supplemented by incorporation of unenumerated categories? Will a conventional liberal point of view inform the development of equality under the Charter? What part will a crystallizing feminist perspective play in the process? …

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Judging And Equality: For Whom Does The Chartertoll?, A Wayne Mackay Sep 1986

Judging And Equality: For Whom Does The Chartertoll?, A Wayne Mackay

Dalhousie Law Journal

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While it may be in questionable taste to begin an article on equality with a poem that uses "man" in the global sense, John Donne's words do evoke a sense of community that feminists would applaud.' The tension between an individualistic and communitarian approach to the world is crucial to how equality will be defined in Canada. Violations of equality diminish the rights and dignity of all Canadians and not just the particular individuals or the specific groups who are the immediate victims of inequality. This recognition is only the beginning of the complex task of defining equality as guaranteed …

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Equality, Ideology And Oppression: Women And Thecanadian Charter Of Rights And Freedoms, N Colleen Sheppard Sep 1986

Equality, Ideology And Oppression: Women And Thecanadian Charter Of Rights And Freedoms, N Colleen Sheppard

Dalhousie Law Journal

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The major objective of this article is to contribute to an understanding of the potential impact of the equality provisions of the Canadian Charter of Rights and Freedoms2 on the lives of women. This requires an awareness of the realities of women's inequality in our society, an understanding of the legal conceptualization of equality, and a consideration of the role of "law" in remedying societal injustice. My focus in this article is on the second concern-that is, on legal theories of equality as they relate to women. I begin with a brief outline of the conflicting ideological approaches that infuse …

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Prostitution And Pornography: Beyond Formalequality, Christine Boyle, Sheila Noonan Sep 1986

Prostitution And Pornography: Beyond Formalequality, Christine Boyle, Sheila Noonan

Dalhousie Law Journal

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Both issues that are the subject of this paper raise questions relating to the meaning and application of section 15 of the Canadian Charter ofRights and Freedoms.' They provide case studies of the difficulties in putting an abstract concept, such as equality, into practical legal effect.

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Women, Pensions And Equality, Susannah Worth Rowley Sep 1986

Women, Pensions And Equality, Susannah Worth Rowley

Dalhousie Law Journal

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A society's values are reflected in its treatment of the elderly. The relationship of the aged to the rest of the population and the social and economic hierarchy within the aged as a group provide tangible and graphic evidence of a society's most fundamental values and attitudes. Who is rewarded and for what? What qualities and contributions are valued, and to what extent?

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Washington's Equal Rights Amendment: It Says What It Means And It Means What It Says, Patricia L. Proebsting Jan 1985

Washington's Equal Rights Amendment: It Says What It Means And It Means What It Says, Patricia L. Proebsting

Seattle University Law Review

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This Comment begins with a discussion of the ERA's legislative history and the legislature's attempt to bring state statutes into compliance with the ERA upon its passage. Next, judicial interpretations of the new constitutional guarantee are compared to the interpretation of the Washington Constitution's privileges and immunities clause. Finally, the Comment compares Washington's standard of review with a similar standard used by the Pennsylvania Supreme Court and argues that the Washington Supreme Court should adopt the absolute standard applied by the Pennsylvania courts.

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The Minneapolis Anti-Pornography Ordinance: A Valid Assertion Of Civil Rights?, Winifred Ann Sandler Jan 1985

The Minneapolis Anti-Pornography Ordinance: A Valid Assertion Of Civil Rights?, Winifred Ann Sandler

Fordham Urban Law Journal

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The author of this student note examines a recent Minneapolis city ordinance that declares pornography to be both subordination of and a form of sex discrimination towards women. First Amendment proponents challenged the ordinance as unconstitutional. The author considers whether the state has a compelling interest in protecting its citizens from civil rights violations, and whether that interest can overcome first amendment rights. The author concludes that pornography is neither a civil rights violation, nor a category of unprotected speech.

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The Law Giveth…Legal Aspects Of The Abortion Controversy, Michigan Law Review Feb 1984

The Law Giveth…Legal Aspects Of The Abortion Controversy, Michigan Law Review

Michigan Law Review

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A Review of The Law Giveth…Legal Aspects of the Abortion Controversy by Barbara Milbauer

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Abortion, Politics, And The Courts: Roe V. Wade And Its Aftermath, Michigan Law Review Feb 1984

Abortion, Politics, And The Courts: Roe V. Wade And Its Aftermath, Michigan Law Review

Michigan Law Review

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A Review of Abortion, Politics, and the Courts: Roe v. Wade and Its Aftermath by Eva R. Rubin

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Inequality In Marital Liabilities: The Need For Equal Protection When Modifying The Necessaries Doctrine, Debra S. Betteridge Oct 1983

Inequality In Marital Liabilities: The Need For Equal Protection When Modifying The Necessaries Doctrine, Debra S. Betteridge

University of Michigan Journal of Law Reform

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This Note contends that the "primary/secondary" modification is unconstitutional because it ignores the husband's equal protection rights while unlawfully stigmatizing women as dependent. Part I discusses how the growing independence of women has led courts to modify the common law doctrine. Part II develops the test that the Supreme Court would apply in judging the constitutionality of any modification of the doctrine. Part III applies this test to the "primary/secondary" modification and concludes that the modification is unconstitutional and, therefore, not a legitimate reformation of the common law necessaries doctrine.

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Roe V. Wade And The Lesson Of The Pre-Roe Case Law, Richard Gregory Morgan Aug 1979

Roe V. Wade And The Lesson Of The Pre-Roe Case Law, Richard Gregory Morgan

Michigan Law Review

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The politically unsettled and judicially confused law of abortion in 1971 and 1972, when the Court twice heard arguments and deliberated Roe, should have warned it not to decide the case. By doing so; the Court thrust itself into a political debate and stunted the development of a thoughtful lower-court case law. If the Court did perceive the warnings but continued toward a decision anyway, perhaps trusting that its own considerable wits would devise an answer the lower courts had not, the result suggests that the judicial system's axioms deserve more respect than they received. This Article, by showing …

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The Abortion-Funding Cases And Population Control: An Imaginary Lawsuit (And Some Reflections On The Uncertain Limits Of Reproductive Privacy), Susan Frelich Appleton Aug 1979

The Abortion-Funding Cases And Population Control: An Imaginary Lawsuit (And Some Reflections On The Uncertain Limits Of Reproductive Privacy), Susan Frelich Appleton

Michigan Law Review

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Two issues are before us today: (I) the meaning of the term "medically necessary" in a public hospital's charter and (II) the constitutionality of state action that provides free medical treatment to indigent pregnant women seeking an abortion but denies them such assistance for prenatal care and childbirth. On the basis of recent Supreme Court authority, we find that such action violates neither the hospital's charter nor the United States Constitution.

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Preferential Remedies For Employment Discrimination, Harry T. Edwards, Barry L. Zaretsky Nov 1975

Preferential Remedies For Employment Discrimination, Harry T. Edwards, Barry L. Zaretsky

Michigan Law Review

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A basic thesis of this article is that much of the current concern about alleged "reverse discrimination" in employment ignores the reality of the situation. In Part I it will be contended that although color blindness is a laudable long-run objective, it alone will not end discrimination; thus, it will be argued that some form of "color conscious" affirmative action must be employed in order to achieve equal employment opportunity for minorities and women. The most effective form of affirmative action is temporary preferential treatment, and it will be asserted in Part II that such relief can be justified under …

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