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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

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

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

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. …

Woman As Contender For The United States Presidency: A Look At The Movie, "The Contender", Ibpp Editor

International Bulletin of Political Psychology

This article explores whether the movie, "The Contender," supports the viability of a woman for the presidency of the United States.

Property Ownership By Married Women In Victorian Ontario, Susan Ingram, Kris Inwood

Dalhousie Law Journal

This paper reports patterns of property holding by women and men in late nineteenth-century Ontario. We focus on the town of Guelph immediately before and after legislation in 1872 and 1884 which permitted married women to hold property in their own name. The female-held share of all property and the female share of all owners in the town increased sharply. The gains were made by married women, and even more strongly by single women and widows. However, there was little or no shift of property in nearby rural townships. We argue that an induced change in inheritance practice amplified the …

Rubella Vaccine And Medical Policymaking: Fetal Rights And Women's Health, Jacob Heller

New England Journal of Public Policy

U.S. vaccine policies, to all appearances, are based on assumptions about cost effectiveness, safety, and public health needs. Analysis of the peer review health professions’ discourse about rubella vaccine between 1941 and 1999 challenges this view. There were four justifications for the development of the vaccine: (1) cost-benefit projections about vaccine use versus anticipated birth defects; (2) the desire to prevent “fetal wastage” by vaccinating women; (3) a professional imperative to ensure healthy babies; and (4) a bias among vocal vaccine advocates against “unnecessary” abortion. The role of a fifth consideration, the “cultural provenance” of vaccines for American medicine, though …

Subject To Instability , Karen Bouwer

Studies in 20th & 21st Century Literature

For Plantier, language constitutes reality and is male dominated. Readers of texts, she says, are at a disadvantage because the author imposes a logic that we must accept in order to understand the text. The discourses shaping our social reality have the same effect. Plantier has struggled against individual voices, discourses, and the very fabric of language informed by these discourses. "Subject to Instability" examines the impact on her generic evolution of a changing sense of self, of who her interlocutors are, and of those for whom she is speaking. I argue that her increasing attempt to juggle many different …

Creating Correctional Alternatives For Nonviolent Women Offenders And Their Children, Myrna S. Raeder

Saint Louis University Law Journal

No abstract provided.

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 …

Women Creating Social Capital And Social Change, Marilyn Gittell, Isolda Ortega-Bustamante, Tracey Steffy

Trotter Review

As Community Development Organizations (CDOs) are the primary vehicle for development in low-income neighborhoods, scholars have begun to examine them in terms of the degree to which they increase citizen participation, increase civic capacity, as well as stabilize and revitalize neighborhoods through the creation of social capital. According to Putnam, civic action requires the existence of social capital; he defines social capital as "norms, trust, and networks." As Gittell and Vidal note, there has been a "virtual industry of interest and action created around the implication of Putnam's findings for the development of low-income communities."

This article is an excerpt …

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.

Female Genital Mutilation: A Disussion Of International Human Rights Instuments, Culteral Sovereignty And Dominance Theory, Leigh A. Trueblood

Denver Journal of International Law & Policy

No abstract provided.

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

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 …

Women And Poverty, Carlos Ani

Trotter Review

The issue regarding relationships between the status of women, economic health for all people, and social justice is a challenge in every society today. Until fairly recently, poverty and under development were assumed to put all members of affected households - men, women, and children - at an equal disadvantage. "Households" were regarded as static entities where labor and resources are pooled and equally shared. The implicit conclusion was that changes thought of as beneficial for development would be neutral in their effects on the different members of the households. Empirical evidence reveals, however, that the costs and benefits of …

An Interview With Brooke Stephens, Nina Lanegra

Trotter Review

Desperate women losing a daily battle against the stranglehold and cycle of poverty: this is what comes to mind when I think of Women and Economic Development. It's an international picture, Third World countries struggling with the World Bank and the International Monetary Fund. I was challenged to think of any linkage between Women and Economic Development on both an international and domestic level. My search led me to this interview with Brooke Stephens, author and Wall Street veteran of 15 years who has been a senior investment consultant. Stockbroker, and a Registered Investment Advisor. Ms. Stephens comments on financial …

Women's Human Rights In Iran: What Can The International Human Rights System Do?, Maryam Javaherian

Santa Clara Law Review

No abstract provided.

Legislative Focus: Extending Asylum Eligibility To Include Gender-Related Persecution, Natasha Parassram Concepcion

Human Rights Brief

No abstract provided.

Single Pregnant Women's Encounters In Public: Changing Norms Or Performing Roles, Abbey Hyde

Irish Journal of Applied Social Studies

This paper presents data on single pregnant women's encounters in public in an Irish context. Data were collected using in-depth interviews, which were analysed using a grounded theory strategy. The study was conducted in Dublin City and 51 unmarried women whose ages ranged from 16-36 participated. Findings suggested that while dominant public discourses on non-marital childbearing within the culture were negative (albeit challenged) at the time data were being collected, responses from others whom participants interacted with in verbal face-to-face encounters in public were generally (though certainly not exclusively) experienced as positive in tone. An attempt is made to explain …

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 …

Title Vii: An Alternative Remedy For Gender Inequity In Intercollegiate Athletics , Kristi L. Schoepfer

Marquette Sports Law Review

No abstract provided.

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

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, …