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"Supervisor" Hostile Environment Sexual Harassment Claims, Liability Insurance, And The Trend Towards Negligence, Amanda D. Smith
"Supervisor" Hostile Environment Sexual Harassment Claims, Liability Insurance, And The Trend Towards Negligence, Amanda D. Smith
University of Michigan Journal of Law Reform
A lack of settled standards for determining liability in supervisor hostile environment sexual harassment lawsuits combined with similar uncertainty in the context of employer liability insurance coverage has resulted in increased litigation in this area. This Note argues that the current predominant standard in the employer liability context, which is based on negligence principle should be rejected in favor of an apparent authority standard, which more appropriately strikes a balance between encouraging employers to identify harassing behaviors and exonerating them from liability when they do so and take appropriate remedial action. It further argues that in order to develop effective …
The Globalization Of Female Child Prostitution: A Call For Reintegration And Recovery Measures Via Article 39 Of The United Nations Convention On The Rights Of The Child, Laurie Robinson
Indiana Journal of Global Legal Studies
No abstract provided.
Testing Testing, Carl E. Schneider
Testing Testing, Carl E. Schneider
Articles
Last year, Congress passed the Ryan White Care Act Amendments of 1996. The amendments authorize ten million dollars for each fiscal year from 1996 through 2000 for counseling pregnant women on HIV disease, for "outreach efforts to pregnant women at high risk of HN who are not currently receiving prenatal care," and for voluntary testing for pregnant women. The amendments compromise a central question: whether prenatal and neonatal AIDS testing should be compelled. The compromise is complex. The director of the Centers for Disease Control and Prevention is instructed to establish a system for states to use to discover and …
Ru 486 Examined: Impact Of A New Technology On An 0 Id Controversy, Gwendolyn Prothro
Ru 486 Examined: Impact Of A New Technology On An 0 Id Controversy, Gwendolyn Prothro
University of Michigan Journal of Law Reform
Abortion is an extremely divisive issue in American politics and culture. Prothro begins this Article by analyzing the current legal standards governing reproduction, which draw a sharp distinction between abortion and contraception. Prothro then examines the function of RU 486, demonstrating that it acts both as a contraceptive and as an abortifacient. Because of this dual capacity, RU 486 does not fit neatly into the current legal framework. Prothro concludes this Article by arguing that RU 486 should force the Supreme Court to create a new framework for the "procreative right." Prothro argues that this new framework should treat the …
An Analysis Of Gender In Admission To The Canadian Common Law Schools From 1985-86 To 1994-95, Brian M. Mazer
An Analysis Of Gender In Admission To The Canadian Common Law Schools From 1985-86 To 1994-95, Brian M. Mazer
Dalhousie Law Journal
Using statistical data covering a ten year period, this study examines the issue of gender representation in admissions to first year law study at common law schools in Canada. After addressing three identifiable steps in the admission process-applications, offers and registration-the author concludes that while there has been progress and the gap has narrowed, the problem of gender inequality persists.
A Wigmorian Defense Of Feminist Methods, Katharine K. Baker
A Wigmorian Defense Of Feminist Methods, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
Taking Care Of Our Daughters, A Book Review Of Martha Fineman, The Neutered Mother, The Sexual Family And Other Twentieth Century Tragedies, Katharine K. Baker
Taking Care Of Our Daughters, A Book Review Of Martha Fineman, The Neutered Mother, The Sexual Family And Other Twentieth Century Tragedies, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
Once A Rapist? Motivational Evidence And Relevancy In Rape Law, Katharine K. Baker
Once A Rapist? Motivational Evidence And Relevancy In Rape Law, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
Legislative Approaches To Reducing The Hegemony Of The Priestly Model Of Medicine, Nancy K. Kubasek
Legislative Approaches To Reducing The Hegemony Of The Priestly Model Of Medicine, Nancy K. Kubasek
Michigan Journal of Gender & Law
This Article presents the case that the legal culture in many ways undergirds the priestly model's hegemony over the therapeutic relationship between a woman and her doctor. To the extent that law provides this fundamental support, it legitimizes the mistreatment of women, especially with respect to their reproductive health. The implications are that the movement toward a more just legal culture necessitates the extirpation of this support.
Taking Care Of Our Daughters, A Book Review Of Martha Fineman, The Neutered Mother, The Sexual Family And Other Twentieth Century Tragedies, Katharine K. Baker
Taking Care Of Our Daughters, A Book Review Of Martha Fineman, The Neutered Mother, The Sexual Family And Other Twentieth Century Tragedies, Katharine K. Baker
Katharine K. Baker
No abstract provided.
The Civil Opinions Of Judge Phyllis A. Kravitch: A Tribute, Stephen Wermiel
The Civil Opinions Of Judge Phyllis A. Kravitch: A Tribute, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Islam, Law And Custom: Redefining Muslim Women's Rights, Azizah Y. Al-Hibri
Islam, Law And Custom: Redefining Muslim Women's Rights, Azizah Y. Al-Hibri
Law Faculty Publications
In discussing personal status codes, the article focuses on three specific issues: the right of a woman to contract her own marriage, the duty of the wife to obey her husband, and the right of the wife to initiate divorce. There are several good reasons for focusing on these issues. Foremost among them is the fact that they have been and continue to be of great concern to Muslim women. Another reason is that despite their diverse subject matter, these three issues are based on the same jurisprudential foundation. Hence, our discussion and critical analysis of that foundation will have …
The Utility Of International Law For Protecting Women's Health Rights, Vanessa Merton
The Utility Of International Law For Protecting Women's Health Rights, Vanessa Merton
Elisabeth Haub School of Law Faculty Publications
There is one area, however, where international law seems to hold promise; certain cultural practices that pose special, direct threats to the lives and health of women (although male infants and children often share women's vulnerability in this regard). I have in mind sexual slavery, coercive prostitution and pornographic exploitation, rape, compulsory marriage, coerced impregnation and its converse, coerced abortion and sterilization; spousal abuse, dowry deaths and coerced suicide, female infanticide and sex-specific abortion. All of these practices are the product not of microbes, poor hygiene, or a lack of health care, but of deliberate human behavior. All these practices …
Sex, Culture, And Rights: A Re/Conceptualization Of Violence For The Twenty-First Century, Berta E. Hernández-Truyol
Sex, Culture, And Rights: A Re/Conceptualization Of Violence For The Twenty-First Century, Berta E. Hernández-Truyol
UF Law Faculty Publications
The central theme of this Article, "Sex, Culture, and Rights: A Re/conceptualization of Violence," is that a re/vision of acts that constitute violence against women is necessary for gender equality -- both domestically and internationally -- to become a reality. This reconceptualization must address not only the normative concept of violence, i.e., the use of physical force, but it must also transform and reposition the idea of violence within a broader framework that includes, considers and aims to eradicate (1) psychological, social and political subordination of women; (2) male dominant (and female subservient) cultural and traditional practices; as well as …
Theory And Experience In Constructing The Realitonship Between Lawyer And Client: Representing Women Who Have Been Abused, Ann Shalleck
Theory And Experience In Constructing The Realitonship Between Lawyer And Client: Representing Women Who Have Been Abused, Ann Shalleck
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Her Honor: An Islamic Critique Of The Rape Laws Of Pakistan From A Woman-Sensitive Perspective, Asifa Quaraishi
Her Honor: An Islamic Critique Of The Rape Laws Of Pakistan From A Woman-Sensitive Perspective, Asifa Quaraishi
Michigan Journal of International Law
This article critiques the rape laws of Pakistan from an Islamic point of view which is careful to include women's perspectives in its analysis. Unlike much of what is popularly presented as traditional Islamic law, this woman-affirming Islamic approach will reveal the inherent gender-egalitarian nature of Islam, which is too often ignored by its academics, courts, and legislatures. This article will demonstrate how cultural patriarchy has instead colored the application of certain Islamic laws in places like Pakistan, resulting in the very injustice which the Quran so forcefully condemns.