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Freedom Of Association After Roberts V. United States Jaycees, Douglas O. Linder

Michigan Law Review

The decision of the U.S. Supreme Court in Roberts v. United States Jaycees, upholding a Minnesota ruling which requires the Minnesota Jaycees to admit women as full members, ended one controversy but marked only the beginning of a far larger one. It was predicted by many that U.S. Jaycees would answer the question of whether private associations with restrictive membership policies were vulnerable to state anti-discrimination laws or were constitutionally protected. It did not. Instead, while rejecting the Jaycees' constitutional claims, the Court established a comprehensive framework for analyzing future claims of associational freedom that contains a number of …

Denial Of Unemployment Benefits To Otherwise Eligible Women On The Basis Of Pregnancy: Section 3304(A)(12) Of Federal Unemployment Tax Act, Michigan Law Review

Michigan Law Review

This Note examines the conflicting interpretations of section 3304(a)(12) of the Federal Act. The Porcher decision serves as a point of reference throughout this Note, since opposing constructions of the section were presented in the case. Part I describes the basic framework of FUTA and presents the disparate interpretations of section 3304(a)(12) that have been advanced.

Part II analyzes section 3304(a)(12) with reference to the statutory language and legislative history. As a preliminary matter, this part considers the degree of deference that should be afforded the Secretary of Labor's certification of state programs that treat pregnancy like all other medical …

Woman’S Constitution, Kenneth L. Karst

Duke Law Journal

The idea of woman is a social construct. Professor Karst begins by considering some of the sources of that construct, and how American law has both reflected and reinforced it. Next, he discusses the role of constitutional law in the modern reconstruction of "woman's place," and examines the limitations of that transformation. Finally, recognizing that women as a group do tend to perceive social relations and approach moral issues in distinctive ways, Professor Karst speculates on the possible consequences of a reconstruction of our constitutional law to include an important measure of that distinctive morality and worldview.

The Unnecessary Doctrine Of Necessaries, Michigan Law Review

Michigan Law Review

This Note argues that neither the traditional nor the modem necessaries doctrines are justifiable in contemporary society. Part I investigates the practical effects of both the traditional and contemporary necessaries doctrines and demonstrates that neither is an effective mechanism for providing support to a needy spouse. While a more successful support remedy might be devised to replace modem and traditional versions of the necessaries rule, Part II shows that yet another reformulation would not be worthwhile because the theoretical underpinnings of the doctrine are faulty. There is no persuasive evidence to establish the existence of the narrow support problem the …

The Home Front: Notes From The Family War Zone, Michigan Law Review

Michigan Law Review

A Review of The Home Front: Notes from the Family War Zone by Louise Armstrong

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

Michigan Law Review

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

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

Michigan Law Review

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

Vital Space In The House Of Buendía, Nina M. Scott

Studies in 20th & 21st Century Literature

In terms of both narrative and thematic organization, Gabriel Garcia Márquez's One Hundred Years of Solitude deals with tightly-closed structures. Whereas from the beginning Macondo has been interpreted in a variety of ways, critics have paid less attention to the meaning of the Buendía house itself. A close reading of the text shows that the way in which certain characters interact with the physical spaces of the house is highly symbolic and closely related to the thematic development of the entire novel. The rise and fall of the Buendía dynasty is presided over by three women, who function as the …

Women, Religion, And Peace In An American Indian Ritual, Kristin Herzog

Explorations in Ethnic Studies

The poem prefaces Leslie Marmon Silko's novel Ceremony, the story of a young American Indian who regains the wholeness and meaning of his life by rediscovering his ancient tribal roots and rituals.[1] It is a story of the American Southwest, especially the Pueblo-Laguna people. Anyone even vaguely familiar with American Indian culture knows that the groups were originally as different from each other as modern-day Swedes are from Albanians or Catalans, if not more so. There were more than 2,000 independent culture groups in Columbus's time, and they spoke 500 different languages belonging to fifty distinct language groups, some as …

Critique [Of Women, Religion, And Peace In An American Indian Ritual By Kristin Herzog], Linda Jean Carpenter

Explorations in Ethnic Studies

Herzog's article is organized around three threads which she proposes as useful for strengthening the fabric of contemporary U.S. society. The three threads, teased from an exploration of a portion of the Dekanawida-Hayonwatha stories (narrative and ritual of the Haudenosaunee) are: 1. the high status of women in Haudenosaunee society 2. the understanding of statecraft as a sacred responsibility toward all creation 3. peace as justice and wholeness in the social order. The threads found in stories dating back to about the 15th century provide a view of beliefs denominated by the Haudenosaunee society as being praiseworthy and of good …

Critique [Of Women, Religion, And Peace In An American Indian Ritual By Kristin Herzog], Ernest Champion

Explorations in Ethnic Studies

Kristin Herzog's journey into the past is a necessary journey for serious students of ethnic and American studies; she establishes the relevance and validity of oral literature which has been relegated to an inferior status by scholars in the western world. The attempt to impose an inferior status on oral literature is rather sinister when one considers the absence of a written literature has been taken to mean an absence of intellectual activity on the part of such people. Not only American Indians but also Africans have suffered a great deal because of the tendency to regard such people as …

Critique [Of Women, Religion, And Peace In An American Indian Ritual By Kristin Herzog], Alice Deck

Explorations in Ethnic Studies

After a lengthy description of the various facets of Haudosaunee ritual, Kristin Herzog makes some interesting statements on the parallels between our modem day social arguments and those which plagued them centuries ago. The unique feature of Haudosaunec social organization is its systematic balance of power between the sexes. Although it is doubtful that American women who are currently engaged in a struggle for political and social power will achieve quite the same degree of equity, just studying a society in which such a balance was achieved is helpful for those in the process of defining women's goals and objectives.

Critique [Of Women, Religion, And Peace In An American Indian Ritual By Kristin Herzog], Karl J. Reinhardt

Explorations in Ethnic Studies

The value of Herzog's study, in addition to the factual information presented, is a tragic reminder of two interrelated truths: 1) by studying history we could learn how to make a better world in which to live; and, 2) we do not learn from history. The women's movement of recent years has two aspects which do not, for all times, go together. One moving force in its genesis is the demand that physical and emotional abuse and misuse of women by men cease. The other, not necessarily related to the first, is that of equal status, which includes equal access …

Comparable Worth—Its Status In The Nation And Minnesota

William Mitchell Law Review

No abstract provided.

Sex Discrimination In Britain, The United States And The European Community, Christopher A. Docksey

Denver Journal of International Law & Policy

No abstract provided.

Mormon Women Speak: A Collection Of Essays By Mary Lythgoe Bradford, Camille S. Williams

BYU Studies Quarterly

No abstract provided.

The Role Of Unions In The 1980s, Symposium, Women In The Workplace: Comparable Worth, Judith P. Vladeck

Fordham Law Review

No abstract provided.

The Role Of Unions In The 1980s, Symposium, Women In The Workplace: Comparable Worth, Judith P. Vladeck

Fordham Law Review

No abstract provided.

Does Gender Equality Always Imply Gender Blindness--The Status Of Single-Sex Education For Women, Caren Dubnoff

West Virginia Law Review

No abstract provided.