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Gender And Intercollegiate Athletics: Data And Myths, Julia Lamber
Gender And Intercollegiate Athletics: Data And Myths, Julia Lamber
University of Michigan Journal of Law Reform
This Article explores what nondiscrimination means in the context of intercollegiate athletics. After reviewing the Department of Education's controversial Title IX Policy Interpretation, it critically examines the analytical framework used in Title IX athletic cases and concludes that commonly made analogies to litigation under Title VII of the 1964 Civil Rights Act are inapt. A major part of the Article is an empirical study, looking first at gender equity plans written by institutions of higher education for the National Collegiate Athletic Association and then at data collected from more than 325 institutions pursuant to the Equity in Athletics Disclosure Act. …
Pay Equity For Coaches And Athletic Administrators: An Element Of Title Ix?, Barbara Osborne, Marilyn V. Yarbrough
Pay Equity For Coaches And Athletic Administrators: An Element Of Title Ix?, Barbara Osborne, Marilyn V. Yarbrough
University of Michigan Journal of Law Reform
In this Article, Professors Osborne and Yarbrough address the issue of gender discrimination in the compensation of coaches and athletic administrators. They discuss the application of the Equal Pay Act of 1963 and Title VII to pay inequity claims and conclude that both have proven to be inadequate as a means of addressing the problem. Professors Osborne and Yarbrough then present Title IX as a way of countering the problem of gender discrimination in the compensation of coaches. They also discuss the prospects for gender equality in compensation by considering several cases addressing the issue. Finally, they offer recommendations both …
The Mixed Messages Of Title Ix, Sherman J. Clark
The Mixed Messages Of Title Ix, Sherman J. Clark
University of Michigan Journal of Law Reform
Introduction to a University of Michigan Journal of Law Reform Symposium entitled Competing in the 21st Century: Title IX, Gender Equity, and Athletics.
The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake
The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake
University of Michigan Journal of Law Reform
Title IX's three-part test for measuring discrimination in the provision of athletic opportunities to male and female students has generated heated controversy in recent years. In this Article, Professor Brake discusses the theoretical underpinnings behind the three-part test and offers a comprehensive justification of this theory as applied to the context of sport. She begins with an analysis of the test's relationship to other areas of sex discrimination law, concluding that, unlike most contexts, Title IX rejects formal equality as its guiding theory, adopting instead an approach that focuses on the institutional structures that subordinate girls and women in sport. …
Women's Rights And The Public Morals Exception Of Gatt Article 20, Liane M. Jarvis
Women's Rights And The Public Morals Exception Of Gatt Article 20, Liane M. Jarvis
Michigan Journal of International Law
The public morals exception in Article XX of the General Agreement on Tariffs and Trade (GATT) could and should be interpreted in accordance with evolving human rights law on women's rights. This clause provides an exception to the general rule that members of the World Trade Organization (WTO) cannot take measures against other Members that would restrict trade. Under Article XX, WTO members may restrict trade for a variety of social reasons, including protecting the environment, preventing prison labor, and otherwise promoting "public morals.” This Note will argue in particular that a nation should be allowed to invoke the public …
Confronting Gender-Based Violence With International Instruments: Is A Solution To The Pandemic Within Reach?, Jennifer L. Ulrich
Confronting Gender-Based Violence With International Instruments: Is A Solution To The Pandemic Within Reach?, Jennifer L. Ulrich
Indiana Journal of Global Legal Studies
No abstract provided.
Legal Challenges To And By Sex Workers/Prostitutes , Amalia Lucia Cabezas
Legal Challenges To And By Sex Workers/Prostitutes , Amalia Lucia Cabezas
Cleveland State Law Review
Sex worker is a term that emerges from a particular historical and political juncture. It reflects a change in consciousness imbedded in the political struggles of women prostitutes. In this article, I trace the genealogy of the term to the 1960s, when major changes occurred in the role of women in society and in the reconceptualization of what were heretofore known as "deviant" sexualities. I then shift attention to the Caribbean, where I apply the term to the advent of sex tourism and the development of a sex workers' movement linked to a human rights agenda.
Cultural Resistance To Global Governance, Joel Richard Paul
Cultural Resistance To Global Governance, Joel Richard Paul
Michigan Journal of International Law
This article maps out the terrain in which state actors and legal scholars make claims premised on a cultural exception to justify derogating from international legal norms. The author’s aim is to understand why some of these claimed cultural practices displace international legal norms, while other practices are dismissed as violating international legal norms. Part II will examine this discourse in relation to the rights of women and sexual minorities. This article will show that the international community generally regards gender norms as cultural and the international legal norm of gender equality usually defers to national cultural practices. Part III …
Ending Male Privilege: Beyond The Reasonable Woman, Stephanie M. Wildman
Ending Male Privilege: Beyond The Reasonable Woman, Stephanie M. Wildman
Michigan Law Review
A Law of Her Own: The Reasonable Woman as a Measure of Man by Caroline A. Forell and Donna M. Matthews aspires to provide a solution for an enigmatic jurisprudential problem - the systemic failure of the legal order to recognize and to redress the injuries that women experience. Feminist scholars have agreed that, for women, the legal separation of public and private spheres often insulates from legal review behavior that harms women. But even in the so-called public sphere, women suffer harms that remain invisible and unnamed. The authors identify four legal arenas in which the "spectrum of violence …
Dowry Deaths: Proposing A Standard For Implementation Of Domestic Legislation In Accordance With Human Rights Obligations, Namratha S. Ravikant
Dowry Deaths: Proposing A Standard For Implementation Of Domestic Legislation In Accordance With Human Rights Obligations, Namratha S. Ravikant
Michigan Journal of Gender & Law
This article discusses the due diligence standard of governmental responsibility, and measures the adequacy of India's implementation of its national dowry death legislation in accordance with its international human rights obligations. India has enacted legislation designed to combat dowry violence. Although India's laws seem to follow the letter of its international human rights obligations, the country violates the spirit of human rights by lacking an actual commitment to implement this legislation. This Article demonstrates and examines India's breach of its duty of due diligence. Such a breach constitutes government complicity in condoning and perpetuating dowry deaths, which violate women's human …
A Matter Of Principle And Consistency: Understanding The Battered Woman And Cultural Defenses, Sharan K. Suri
A Matter Of Principle And Consistency: Understanding The Battered Woman And Cultural Defenses, Sharan K. Suri
Michigan Journal of Gender & Law
To adequately explain and argue why feminists, as a matter of legal theory, must take both the BWS and cultural defenses seriously, these defenses need further elaboration. Section I details what these defenses are, how they developed, and how they work in the justice system. Section II enlarges the picture by revealing the similarities between the two defenses which share not only the same theoretical and practical goals, but also the same criticisms and flaws highlighted by scholars. Finally, Section III asserts that cultural evidence and evidence of battering must be admitted to show the absence of mens rea. However, …