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Journal

1996

Women

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Institution
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Women Owned Businesses And Bank Switching: The Role Of Customer Service, Susan Coleman, Mary Carsky Dec 1996

Women Owned Businesses And Bank Switching: The Role Of Customer Service, Susan Coleman, Mary Carsky

The Journal of Entrepreneurial Finance

The number of businesses owned and operated by women is increasing rapidly, and women owned businesses are becoming a powerful economic force. It is estimated that half of the businesses in this country will be owned and operated by women by the year 2,000. This article describes research conducted on women owned small businesses and the nature of their banking relationships. Findings revealed that over 90% of those surveyed used banking products. A surprisingly high percentage of the women surveyed had switched banks. Major reasons for switching included poor customer service, an arrogant and condescending attitude on the part of …

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Female Authority Figures In The Works Of Tolkien, C.S. Lewis And Charles Williams, Lisa Hopkins Oct 1996

Female Authority Figures In The Works Of Tolkien, C.S. Lewis And Charles Williams, Lisa Hopkins

Mythlore: A Journal of J.R.R. Tolkien, C.S. Lewis, Charles Williams, and Mythopoeic Literature

The powerful, learned woman is a figure of fear in the works of Williams, seen as transgressing her proper role. In Lewis, legitimate authority figures are male, illegitimate ones are female, and gender roles are strictly demarcated. Tolkien, however, not only creates powerful and heroic women, but also suggests that the combination of authority and femininity can be particularly potent and talismanic.

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Introduction: Feminism And Globalization: The Impact Of The Global Economy On Women And Feminist Theory Symposium, Alfred C. Aman Oct 1996

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.

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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 Jun 1996

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 …

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Whose Justice? Which Victims?, Lynne Henderson May 1996

Whose Justice? Which Victims?, Lynne Henderson

Michigan Law Review

A Review of George Fletcher, With Justice for Some: Victim's Rights in Criminal Trials

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Are The Similarities Between A Woman's Right To Choose An Abortion And The Alleged Right To Assisted Suicide Really Compelling?, Marc Spindelman Apr 1996

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 …

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The Proposed Model Surrogate Parenthood Act: A Legislative Response To The Challenges Of Reproductive Technology, Murray L. Manus Apr 1996

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.

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Introduction To “On Being Mormon In Canada And Canadian In Utah”, Nancy R. Lund Apr 1996

Introduction To “On Being Mormon In Canada And Canadian In Utah”, Nancy R. Lund

BYU Studies Quarterly

As part of the Asael and Maydell Palmer Lecture Series, Canadian Studies at Brigham Young University presented a program on March 14, 1996, entitled "Three Mormon Women: Reflections and Perspectives." The program featured three outstanding LDS women, all born Canadian—Elaine L. Jack, Ardeth Greene Kapp, and Maureen Ursenbach Beecher.

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“But Then Face To Face”: Women's Issues, Mormon Culture, And Doctrine In Eight Pregnancy Narratives, Angela Ashurst-Mcgee Apr 1996

“But Then Face To Face”: Women's Issues, Mormon Culture, And Doctrine In Eight Pregnancy Narratives, Angela Ashurst-Mcgee

BYU Studies Quarterly

For a Mormon woman, pregnancy can augment her agency, build charity, and transcend stereotypes. Sharing her narrative can help her organize and own her experience.

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In Their Own Words: Women And The Story Of Nauvoo By Carol Cornwall Madsen, Michelle Stott Apr 1996

In Their Own Words: Women And The Story Of Nauvoo By Carol Cornwall Madsen, Michelle Stott

BYU Studies Quarterly

Carol Cornwall Madsen. In Their Own Words: Women and the Story of Nauvoo. Salt Lake City: Deseret Book, 1994. xii; 266 pp. Illustrations, notes, index. $14.95.

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A Case For Pregnancy-Based Unemployment Insurance, Mark R. Brown Jan 1996

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.

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Introduction To The Special Issue, Adelaida López De Martínez Jan 1996

Introduction To The Special Issue, Adelaida López De Martínez

Studies in 20th & 21st Century Literature

It is quite appropriate that Studies in Twentieth Century Literature should devote its 20th-anniversary special issue to the literature of Latin American women writers…

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Female Divinities And Story-Telling In The Work Of Tamara Kamenszain, Naomi Lindstrom Jan 1996

Female Divinities And Story-Telling In The Work Of Tamara Kamenszain, Naomi Lindstrom

Studies in 20th & 21st Century Literature

Tamara Kamenszain (b. Argentina, 1947), in her creative writing and her essays, brings together two concerns. One is her examination of concepts of woman and femininity. She specializes in mythical and archetypal representations of woman. Her texts present such figures as the great mother and forest nymphs. On many occasions, she evokes a past in which female divinities were respected, even in the Judaic tradition that is frequently Kamenszain's frame of reference. The other current that stands out in Kamenszain's writing is her interest in Jewish traditions of informal narrative. In her texts, folk narrative displaces learned and canonical narrative. …

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Dynamics Of Change In Latin American Literature: Contemporary Women Writers, Adelaida López De Martínez Jan 1996

Dynamics Of Change In Latin American Literature: Contemporary Women Writers, Adelaida López De Martínez

Studies in 20th & 21st Century Literature

Over the last twenty-five years Latin American societies have undergone profound changes. Where once the legalized abuses of dictatorships gave new meaning to the word "silence" for both men and women, now large segments of the population fight hard to sustain democratic regimes throughout the Continent. Repressive governments are being replaced, and shattered economies have begun to recover. Encouraged by the ever-increasing strength of international feminism, Latin American women (from Chiapas, Mexico, to Plaza de Mayo in Argentina) have risen to play key roles in this socio-political reformation. The writing of female authors has proliferated in this environment, and the …

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The Subject, Feminist Theory And Latin American Texts, Sara Castro-Klaren Jan 1996

The Subject, Feminist Theory And Latin American Texts, Sara Castro-Klaren

Studies in 20th & 21st Century Literature

From a feminist perspective, this essay reviews and analyzes the interaction between metropolitan feminist theories and their interphase with the academic criticism of texts written by Latin American women. Discussion focuses on the question of the subject, which the author believes to be paramount in feminist theory, in as much as the construction of gender and the historical subordination of women devolve on the play of difference and identity. This paper examines how the problematic assumption by feminist theorists in the North American academy of Freudian and Lacanian theories of the subject pose unresolved problems and unanticipated complications to subsequent …

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When Art Turns Violent: Images Of Women, The Sexualization Of Violence And Their Implications For Art Education, Yvonne Gaudelius, Juliet Moore Jan 1996

When Art Turns Violent: Images Of Women, The Sexualization Of Violence And Their Implications For Art Education, Yvonne Gaudelius, Juliet Moore

Journal of Social Theory in Art Education

Approximately two years ago, after viewing a slide of Rubens’ The Rape of the Daughters of Leucippus, a group of students enrolled in an “art for elementary education majors” course were asked to write an interpretation of this work, as part of a series of art criticism activities that they had engaged in through the semester. Most of the students wrote what might be described as reasonable interpretations in that they discussed the work in formal terms and made judgments about the artwork. However, and this is what is of interest to us in this paper, only two students in …

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Discussion And Depictions Of Women In H.W. Janson’S History Of Art, Fourth Edition, Paul E. Bolin Jan 1996

Discussion And Depictions Of Women In H.W. Janson’S History Of Art, Fourth Edition, Paul E. Bolin

Journal of Social Theory in Art Education

During the past twenty-five years there have been numerous highly charged and open criticisms levied against the field of art history. These accusations have been launched from a variety of fronts, both within and outside the discipline of art history (Simmons, 1990), with some of these critical questions and subsequent condemnation directed toward textbooks used to teach this subject in traditional courses that survey historical aspects of Western art. A primary criticism of these survey textbooks has been aimed at their lack of attention given to the important work of women artists. The manner in which these criticisms are treated …

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If You Let Me Play Sports, Marilyn V. Yarbrough Jan 1996

If You Let Me Play Sports, Marilyn V. Yarbrough

Marquette Sports Law Review

No abstract provided.

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Lawyer Professionalism In A Gendered Society, Ellen S. Podgor Jan 1996

Lawyer Professionalism In A Gendered Society, Ellen S. Podgor

South Carolina Law Review

No abstract provided.

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Can Families Be Efficient? A Feminist Appraisal, Ann Laquer Estin Jan 1996

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 …

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Lessons For The United States: A Greek Cypriot Model For Domestic Violence Law, Joan L. Neisser Jan 1996

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.

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An Essay On The Piano, Law, And The Search For Women's Desire, Julia E. Hanigsberg Jan 1996

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 …

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Granting Political Asylum To Potential Victims Of Female Circumcision, Gregory A. Kelson Jan 1996

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 …

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U.S. Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Julia Ernst Jan 1996

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, …

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Succeeding In Law School: A Comparison Of Women's Experiences At Brooklyn Law School And The University Of Pennsylvania, Marsha Garrison, Brian Tomko, Ivan Yip Jan 1996

Succeeding In Law School: A Comparison Of Women's Experiences At Brooklyn Law School And The University Of Pennsylvania, Marsha Garrison, Brian Tomko, Ivan Yip

Michigan Journal of Gender & Law

This Article reports our findings from a replication of the Penn research conducted at Brooklyn Law School in order to test the experience-performance link reported by the Penn researchers. Brooklyn Law School offers an ideal setting for a test of the Penn research because it already has adopted most of the reforms that the Penn researchers believe would reduce women's alienation from the learning environment and thus improve their academic performance. First, Brooklyn Law School, as compared to other American law schools, has a large proportion of women faculty. During the 1994-95 academic year, thirty-seven percent of its tenured and …

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China's Denial Of Tibetan Women's Right To Reproductive Freedom, Eva Herzer, Sara B. Levin Jan 1996

China's Denial Of Tibetan Women's Right To Reproductive Freedom, Eva Herzer, Sara B. Levin

Michigan Journal of Gender & Law

This Article first provides a historical account of the social and political context of the PRC's family planning policies in Tibet. Part B describes the PRC's official family policies from 1982 to the present. Part C discusses the PRC's actual practices, including its population quota controls, focusing on the forced and coerced abortions and sterilizations performed on Tibetan women. Part D applies international human rights law and concludes that the PRC's family planning policy, as implemented, violates international human rights laws. The Article concludes by recommending points of action for the PRC and international community to address these human rights …

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Political Lawyering, One Person At A Time: The Challenge Of Legal Work Against Domestic Violence For The Impact Litigation/Client Service Debate, Peter Margulies Jan 1996

Political Lawyering, One Person At A Time: The Challenge Of Legal Work Against Domestic Violence For The Impact Litigation/Client Service Debate, Peter Margulies

Michigan Journal of Gender & Law

The premise of this Article is that, in his assertion that client service work is political lawyering, Ralph Reed is right. Indeed, Gary Bellow made a similar point about the political content of both impact litigation and client service work in a classic article written almost twenty years ago. Of course, Reed and Bellow are hardly ideological soulmates. Reed disapproves of the political content of service work, while Bellow heartily endorses it. On that point, this Article sides with Bellow. It employs the example of domestic violence lawyering to demonstrate why Bellow and Reed are correct that client service work …

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Innocent Spouses, Reasonable Women And Divorce: The Gap Between Reality And The Internal Revenue Code, Stephen A. Zorn Jan 1996

Innocent Spouses, Reasonable Women And Divorce: The Gap Between Reality And The Internal Revenue Code, Stephen A. Zorn

Michigan Journal of Gender & Law

This Article asks whether the "reasonable woman" should become the standard for women seeking relief from tax liabilities under the innocent spouse provision of the I.R.C. and whether an even more specific standard should be adopted for women who are also going through divorce or are in similar situations.

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Women In The Courts: An Old Thorn In Men's Sides, Nikolaus Benke Jan 1996

Women In The Courts: An Old Thorn In Men's Sides, Nikolaus Benke

Michigan Journal of Gender & Law

This article was inspired by the work of a series of state task forces on women in the courts. It examines the subject from a historical perspective, comparing ancient Rome, mainly during the period from the first century B.C. to the third A.D., with the United States, from its prerevolutionary beginnings to the present. The article's focus is gender bias against women acting in official court functions.

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"What's So Magic[Al] About Black Women?" Peremptory Challenges At The Intersection Of Race And Gender, Jean Montoya Jan 1996

"What's So Magic[Al] About Black Women?" Peremptory Challenges At The Intersection Of Race And Gender, Jean Montoya

Michigan Journal of Gender & Law

This Article addresses the evolving constitutional restraints on the exercise of peremptory challenges in jury selection. Approximately ten years ago, in the landmark case of Batson v. Kentucky, the United States Supreme Court held that the Equal Protection Clause forbids prosecutors to exercise race-based peremptory challenges, at least when the excluded jurors and the defendant share the same race. Over the next ten years, the Court extended Batson's reach.

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