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- University of Michigan Law School (19)
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- Women (20)
- Feminist jurisprudence (9)
- Gender and law (9)
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- Children (5)
- Law reform (4)
- Women and the Law (4)
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- Higher education (2)
- History (2)
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- Mothers (2)
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- Poverty and gender (2)
- Privatization (2)
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- Publication
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- Michigan Journal of Gender & Law (13)
- American University Journal of Gender, Social Policy & the Law (12)
- Kentucky Law Journal (11)
- Indiana Journal of Global Legal Studies (8)
- Circles: Buffalo Women's Journal of Law and Social Policy (4)
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- University of Michigan Journal of Law Reform (4)
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- Penn State International Law Review (1)
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- UIC Law Review (1)
- Washington International Law Journal (1)
- Washington and Lee Law Review (1)
- William & Mary Bill of Rights Journal (1)
Articles 1 - 30 of 70
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Grappling With Gender Equality, Jerry R. Parkinson
Grappling With Gender Equality, Jerry R. Parkinson
William & Mary Bill of Rights Journal
In this twenty-fifth anniversary year of the enactment of Title IX of the Education Amendments of 1972, the issue of gender equity in athletics is as divisive as ever. Lawsuits by female athletes and the demise of many men's teams have changed perceptions of Title IX in the 1990s and have provided an impetus for a thorough reexamination of the gender equity issue.
In this Article, Professor Parkinson begins with a brief overview of the regulatory framework governing Title IX's application to athletics. He then examines the legal standards by which the Department of Education's Office for Civil Rights (OCR) …
Implications Of Global Polarization For Feminist Work, Gracia Clark
Implications Of Global Polarization For Feminist Work, Gracia Clark
Indiana Journal of Global Legal Studies
No abstract provided.
Toward A Feminist Analytics Of The Global Economy, Saskia Sassen
Toward A Feminist Analytics Of The Global Economy, Saskia Sassen
Indiana Journal of Global Legal Studies
Economic globalization has reconfigured fundamental properties of the
nation-state, notably territoriality and sovereignty. There is an incipient
unbundling of the exclusive territoriality we have lcing associated with the
nation-state. The most strategic instantiation of this unbundling is probably
the global city, which operates as a partly denationalized plaform for global
capital. Sovereignty is being unbundled by these economic and other noneconomic
practices and new legal regimes. At the limit this means that the
State is no longer the only site for sovereignty and the normativity that comes
with it, and further, that the State is no longer the exclusive subject …
As The World (Or Dare I Say Globe?) Turns: Feminism And Transnationalism, Fedwa Malti-Douglas
As The World (Or Dare I Say Globe?) Turns: Feminism And Transnationalism, Fedwa Malti-Douglas
Indiana Journal of Global Legal Studies
No abstract provided.
Stop Stomping On The Rest Of Us: Retrieving Publicness From The Privatization Of The Globe, Zillah Eisenstein
Stop Stomping On The Rest Of Us: Retrieving Publicness From The Privatization Of The Globe, Zillah Eisenstein
Indiana Journal of Global Legal Studies
Professor Eisenstein's article discusses the effects of globalization on the
relationship between privatization and public responsibility and how this
dynamic impacts the future of women across the globe. She argues that the
global growth of privatization in the North and West has disseminated around
the world to the detriment of women. Privatization, she contends, has been
accepted as the agenda of politicians for the late twentieth century, and public
responsibility has been lost as a result.
According to Professor Eisenstein, globalization has been essentially an
economic process in which a global economy surfaces without differences or
borders. The global economy, …
Strategic Sisterhood Or Sisters In Solidarity? Questions Of Communitarianism And Citizenship In Asia, Aihwa Ong
Strategic Sisterhood Or Sisters In Solidarity? Questions Of Communitarianism And Citizenship In Asia, Aihwa Ong
Indiana Journal of Global Legal Studies
The Fourth World Conference on Women (Beijing 1995) has spawned a
Triumphant sense among Western/Northern feminists that they are forging a
strategic sisterhood with less privileged women in the South. Feminists from
metropolitan countries seek a new North-South alliance whereby they make
strategic interventions on behalf of third world women by putting pressure on
their governments. Professor Ong critiques strategic sisterhood on the
following grounds:
First, strategic sisterhood is based on individualistic notions of
transnational feminine citizenship, ignoring the historical and cultural
differences between women from the first and third worlds. In particular, the
concept ignores geopolitical inequalities whereby postcolonial …
Introduction: Feminism And Globalization: The Impact Of The Global Economy On Women And Feminist Theory Symposium, Alfred C. Aman
Introduction: Feminism And Globalization: The Impact Of The Global Economy On Women And Feminist Theory Symposium, Alfred C. Aman
Indiana Journal of Global Legal Studies
No abstract provided.
Globalization, Privatization, And A Feminist Public, Susan H. Williams
Globalization, Privatization, And A Feminist Public, Susan H. Williams
Indiana Journal of Global Legal Studies
No abstract provided.
Dividing The Surplus: Will Globalization Give Women A Larger Or Smaller Share Of The Benefits Of Cooperative Production?, Kenneth G. Dau-Schmidt
Dividing The Surplus: Will Globalization Give Women A Larger Or Smaller Share Of The Benefits Of Cooperative Production?, Kenneth G. Dau-Schmidt
Indiana Journal of Global Legal Studies
No abstract provided.
Cultural Relativity And Universalism: Reevaluating Gender Rights In A Multicultural Context, Elene G. Mountis
Cultural Relativity And Universalism: Reevaluating Gender Rights In A Multicultural Context, Elene G. Mountis
Penn State International Law Review
No abstract provided.
Eastern Twists On Western Concepts: Equality Jurisprudence And Sexual Harassment In Japan, Leon Wolff
Eastern Twists On Western Concepts: Equality Jurisprudence And Sexual Harassment In Japan, Leon Wolff
Washington International Law Journal
A rich source of Japanese jurisprudence on sexual equality underlies Japan's emerging law against sexual harassment. With no law specifically outlawing sexual harassment, academics and the courts have invoked the principle of sexual equality to support their conclusion that Japanese law carries an implicit prohibition against acts of sexual harassment. In developing a legal case against sexual harassment, Japanese courts and academic commentators have introduced novel constructions of equality. The key innovations include relational equality, inherent equality and quantifiable equality. In presenting some of these Japanese contributions to equality jurisprudence, the hope is that feminist discourse on equality can take …
The Title Ix Tug-Of-War And Intercollegiate Athletics In The 1990'S: Nonrevenue Men's Teams Join Women Athletes In The Scramble For Survival, Susan M. Shook
The Title Ix Tug-Of-War And Intercollegiate Athletics In The 1990'S: Nonrevenue Men's Teams Join Women Athletes In The Scramble For Survival, Susan M. Shook
Indiana Law Journal
No abstract provided.
Drive-Through Deliveries: In Support Of Federal Legislation To Mandate Insurer Coverage Of Medically Sound Minimum Lengths Of Postpanum Stays For Mothers And Newborns, Freeman L. Farrow
Drive-Through Deliveries: In Support Of Federal Legislation To Mandate Insurer Coverage Of Medically Sound Minimum Lengths Of Postpanum Stays For Mothers And Newborns, Freeman L. Farrow
University of Michigan Journal of Law Reform
President Clinton signed the Newborns' and Mothers' Health Protection Act of 1996 into law on September 26, 1996. The Act requires insurers that provide maternity benefits to cover medically sound minimum lengths of inpatient, postpartum stays according to the joint guidelines of the American Academy of Pediatrics and the American College of Obstetrics and Gynecology. This Note discusses the historical context in which the necessity for passage of protective legislation arose, the interplay between state and federal statutes that created the need for federal legislation to provide desired protections for postpartum patients and examines the provisions of the Act. This …
Redistributive Justice Cultural Feminism , William J. Turnier, Pamela Johnston Conover, David Lowerr
Redistributive Justice Cultural Feminism , William J. Turnier, Pamela Johnston Conover, David Lowerr
American University Law Review
No abstract provided.
Whose Justice? Which Victims?, Lynne Henderson
Whose Justice? Which Victims?, Lynne Henderson
Michigan Law Review
A Review of George Fletcher, With Justice for Some: Victim's Rights in Criminal Trials
Are The Similarities Between A Woman's Right To Choose An Abortion And The Alleged Right To Assisted Suicide Really Compelling?, Marc Spindelman
Are The Similarities Between A Woman's Right To Choose An Abortion And The Alleged Right To Assisted Suicide Really Compelling?, Marc Spindelman
University of Michigan Journal of Law Reform
In this Article, Marc Spindelman examines the relationship between abortion and assisted suicide. He begins his discussion with the constitutional framework within which courts should consider the assertion that the Due Process Clause of the Fourteenth Amendment protects an individual's decision to commit assisted suicide. The Author then considers and, based on relevant Supreme Court doctrine, rejects the conception of personal autonomy that undergirds the claimed constitutional right to assisted suicide. Finally, the Author points out some legal and cultural distinctions between abortion and assisted suicide, arguing that these distinctions offer courts good reasons for holding that the Fourteenth Amendment's …
The Proposed Model Surrogate Parenthood Act: A Legislative Response To The Challenges Of Reproductive Technology, Murray L. Manus
The Proposed Model Surrogate Parenthood Act: A Legislative Response To The Challenges Of Reproductive Technology, Murray L. Manus
University of Michigan Journal of Law Reform
In this Article, Manus proposes a Model Surrogate Parenthood Act. He examines the medical and scientific history of surrogacy and reviews the jurisprudence in the area, specifically the constitutional relationship between procreation rights and surrogacy. The author asserts that surrogate motherhood cannot be, and indeed, should not be, eradicated through legislation criminalizing it. The proposed Model Act, presented here in its entirety, attempts to reduce the problems inherent in the concept of surrogate parenthood by putting the process under strict court supervision and by zealously protecting the rights of the surrogate mother and the child to be conceived.
Neuf À Zero Ne Suffit Plus: Gould C. Yukon Order Of Pioneers Et La Perspective Feminine, Marie-France Major
Neuf À Zero Ne Suffit Plus: Gould C. Yukon Order Of Pioneers Et La Perspective Feminine, Marie-France Major
Osgoode Hall Law Journal
Do women see the world in a way that is peculiar to them, that is, differently from the perceptions of men? In view of the decision of the Supreme Court of Canada in Gould v. Yukon Order of Pioneers, this question raises a highly pertinent issue. In Gould, where the subject of litigation was the interpretation of the human rights legislation of the Yukon, the Court was divided according to the gender of the judges. Only the female judges, in dissent, addressed the problem in terms of power, vulnerability, and equality, while the male judges adhered to a strict approach …
Teacher Power In The Law School Classroom, Julie Macfarlane
Teacher Power In The Law School Classroom, Julie Macfarlane
Dalhousie Law Journal
Law teachers make choices over syllabus material, teaching methods and assessment formats, and thus inevitably exercise some control over what and how students learn. The actualpowerof each individual law professor will depend on the context of her particular classroom and her perceived credibility, generally defined by the university as the demonstration of a particular (rationalist) model of subject expertise. The intrinsic hierarchies and highly competitive culture of law school sustain this traditional model of knowledge along with its congruent image of the professor as autonomous, powerful and the focus of the classroom. Feminist law teachers and others who wish to …
With Justice For Whom? The Presumption Of Moral Innocence In Rape Trials, Stacey Pastel Dougan
With Justice For Whom? The Presumption Of Moral Innocence In Rape Trials, Stacey Pastel Dougan
Indiana Law Journal
No abstract provided.
The "Constitutional" Assault On The Virginia Military Institute, Jon A. Soderberg
The "Constitutional" Assault On The Virginia Military Institute, Jon A. Soderberg
Washington and Lee Law Review
No abstract provided.
A Case For Pregnancy-Based Unemployment Insurance, Mark R. Brown
A Case For Pregnancy-Based Unemployment Insurance, Mark R. Brown
University of Michigan Journal of Law Reform
Professor Brown argues that unemployment insurance laws should be amended to provide coverage to otherwise eligible, pregnant claimants. Under current law, women who quit because of pregnancy are either disqualified from receiving unemployment benefits altogether or qualify only after childbirth. Those who are fired, meanwhile, often either cannot prove the motivation for their discharge or discover that they are disqualified because of their unavailability for work. Professor Brown uses a case study to illustrate the problems posed by pregnancy and unemployment insurance. He proposes model legislation that extends coverage to all pregnant claimants who temporarily separate from their employment.
Public Policy And Private Lives: Social And Spatial Dimensions Of Women's Poverty And Welfare Policy In The United States, Ann R. Tickamyer
Public Policy And Private Lives: Social And Spatial Dimensions Of Women's Poverty And Welfare Policy In The United States, Ann R. Tickamyer
Kentucky Law Journal
No abstract provided.
Can Families Be Efficient? A Feminist Appraisal, Ann Laquer Estin
Can Families Be Efficient? A Feminist Appraisal, Ann Laquer Estin
Michigan Journal of Gender & Law
This Article examines the convergence of feminist and law and economics theory on family law questions, particularly issues of marriage and divorce. Both feminist legal theory and law and economics analysis have come to occupy a significant place in the American legal academy, demonstrated by growing numbers of conferences, journals, casebooks and monographs, and electronic mail lists in each area. Not surprisingly, as the two fields have grown, they have begun to touch, to overlap, and occasionally to come into conflict. This process has been evident in the extensive literature on sex discrimination in employment and is increasingly apparent in …
Lessons For The United States: A Greek Cypriot Model For Domestic Violence Law, Joan L. Neisser
Lessons For The United States: A Greek Cypriot Model For Domestic Violence Law, Joan L. Neisser
Michigan Journal of Gender & Law
The purpose of this Article is twofold: to view the problem of domestic violence victims not wishing to testify against their abusers through the lenses of different feminist perspectives; and to use the Greek Cypriot experience as a model to test the value of these theories when developing legal policies addressing this issue.
A Feminist Theory Of Malebashing, Susan H. Williams, David C. Williams
A Feminist Theory Of Malebashing, Susan H. Williams, David C. Williams
Michigan Journal of Gender & Law
The concern about feminist "malebashing" is increasingly common, inside the university and out, but unfortunately, because of the emotions involved, most discussions of malebashing generate more confusion than understanding. When feminists say negative things about men, they often speak in anger and perhaps fear. When men respond, they are often angry, defensive, and perhaps hurt. While this confusion may be understandable, it is still counter-productive. The dialogue is plagued by a failure to answer with precision or rigor the most basic questions about this subject: What is "malebashing," i.e., illegitimate negative statements about men, and how is it different from …
An Essay On The Piano, Law, And The Search For Women's Desire, Julia E. Hanigsberg
An Essay On The Piano, Law, And The Search For Women's Desire, Julia E. Hanigsberg
Michigan Journal of Gender & Law
The thesis of this essay is a simple one: to have a measure of control over her destiny, to have any choices, a woman must be a sexual agent, a subject of desire rather than an object. How can women exercise any autonomy in any other realms if in their most intimate lives they are unable to voice their desires? I do not mean to suggest that sexuality has unlimited explanatory power or that everything about women's domination can be explained by a rearticulation of desire. I do believe, however, that although the issue of sexuality is much discussed, feminist …
Hostile Environent Sexual Harassment Claims And The Unwelcome Influence Of Rape Law, Janine Benedet
Hostile Environent Sexual Harassment Claims And The Unwelcome Influence Of Rape Law, Janine Benedet
Michigan Journal of Gender & Law
This article considers the unwelcomeness requirement of the plaintiff’s prima facie case. In particular, it examines the discussion of unwelcomeness found in the decision of the Supreme Court in Meritor Savings Bank v. Vinson, and the content given to this element by the subsequent decisions of lower courts. Such an inquiry reveals several parallels between the approach of courts to sexual harassment claims and their traditional treatment of the criminal offense of rape. The same biases and erroneous assumptions that have hampered an effective response to the physical violation of women have permeated the application of the purported remedy …
Granting Political Asylum To Potential Victims Of Female Circumcision, Gregory A. Kelson
Granting Political Asylum To Potential Victims Of Female Circumcision, Gregory A. Kelson
Michigan Journal of Gender & Law
Part I of this article examines two cases. In one case, a United States immigration court allowed female circumcision as a defense to deportation. In another case, the Canadian Immigration and Refugee Board granted political asylum after recognizing female circumcision as a form of persecution. Part II assesses the extent of protections currently provided for potential victims of female circumcision under U.S. asylum law and analyzes the factors that a court should consider when making asylum determinations. Part III recommends that gender should be added to the enumerated grounds for persecution under U.S. asylum law. This section provides a hypothetical …
U.S. Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Julia Ernst
U.S. Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Julia Ernst
Michigan Journal of Gender & Law
The purpose of this article is to highlight the need for ratification of the Convention by the United States, and to address arguments against ratification. Various concerns have been raised with respect to CEAFDAW, both specific to the United States and more international in scope. Some problems pertain to United States ratification generally, other issues concern potential conflicts between specific articles of the Convention and U.S. law, and broader problems have been raised with respect to international implementation. Most of these issues are not uncommon in international agreements, and may therefore be remedied through conventional mechanisms, including implementing legislation, reservations, …