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Articles 1 - 25 of 25
Full-Text Articles in Law
The Dialectic Of Rights And Politics: Perspectives From The Women's Movement, Elizabeth M. Schneider
The Dialectic Of Rights And Politics: Perspectives From The Women's Movement, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Transcending Equality Theory: A Way Out Of The Maternity And The Workplace Debate, Lucinda M. Finley
Transcending Equality Theory: A Way Out Of The Maternity And The Workplace Debate, Lucinda M. Finley
Journal Articles
No abstract provided.
Pay Equity--The Minnesota Experience, Nina Rothchild
Pay Equity--The Minnesota Experience, Nina Rothchild
University of Michigan Journal of Law Reform
The concept of comparable worth is simple: jobs should be paid according to their value, whether the jobs are performed by men or by women. It says that pay should be based on the level of skill, effort, responsibility, and working conditions required to do the job. It is hard to believe that such a common sense idea could generate such an emotional reaction.
In this essay I will describe Minnesota's experience with pay equity at the state and local levels. Our experience leads us to believe that the arguments of the opposition are pure conjecture and that the scare …
Comparable Worth -- The Theory, Its Legal Foundation, And The Feasibility Of Implementation, Carin Ann Clauss
Comparable Worth -- The Theory, Its Legal Foundation, And The Feasibility Of Implementation, Carin Ann Clauss
University of Michigan Journal of Law Reform
County of Washington v. Gunther was decided by the Supreme Court over five years ago. In that case, the Court, resolving a conflict among the circuits, ruled that sex-based wage discrimination claims could proceed under Title VII of the Civil Rights Act of 1964 without regard to the limiting "equal work" standard of the Equal Pay Act. Following this decision, it was generally assumed that the courts would become the major forum for redressing sex-based wage discrimination. The anticipated litigation explosion never took place. Few wage discrimination suits have been filed, and even fewer have been successful. What progress has …
Thoughts On Comparable Worth Litigation And Organizational Strategies, Nancy Gertner
Thoughts On Comparable Worth Litigation And Organizational Strategies, Nancy Gertner
University of Michigan Journal of Law Reform
To watch the evolution of Title VIP is to watch the gradual constricting of a law that many had heralded as a tool of social change for women. Its passage represented a statement that the so-called free market had not worked for women. Women were denied access to higher paying and high-status positions. Even when a job was integrated, women's work was undervalued and their wages frequently depressed. With the passage of Title VII came the hope that the law would do what the market could not-break the cycle of discrimination.
Sex discrimination, in contrast with other forms of discrimination, …
The Attainment Of Pay Equity Between The Sexes By Legal Means: An Economic Analysis, George E. Johnson, Gary R. Solon
The Attainment Of Pay Equity Between The Sexes By Legal Means: An Economic Analysis, George E. Johnson, Gary R. Solon
University of Michigan Journal of Law Reform
The purpose of this Article is to present an analysis of the gap between men's and women's wages with particular emphasis on the likely effects of various existing and proposed legal remedies. Part I sets out a simple "ideal" statistical model of wage determination. Its purpose is to identify carefully the potential impact of alternative legal remedies such as the Equal Pay Act, Title VII, and proposed policies like comparable worth. This model is ideal in the sense that, although it could be estimated in principle, there is no data set currently available with which it could actually be estimated. …
Three Continuities Of Choice In Abortion, Patrick L. Baude
Three Continuities Of Choice In Abortion, Patrick L. Baude
Articles by Maurer Faculty
No abstract provided.
Judging And Equality: For Whom Does The Chartertoll?, A Wayne Mackay
Judging And Equality: For Whom Does The Chartertoll?, A Wayne Mackay
Dalhousie Law Journal
While it may be in questionable taste to begin an article on equality with a poem that uses "man" in the global sense, John Donne's words do evoke a sense of community that feminists would applaud.' The tension between an individualistic and communitarian approach to the world is crucial to how equality will be defined in Canada. Violations of equality diminish the rights and dignity of all Canadians and not just the particular individuals or the specific groups who are the immediate victims of inequality. This recognition is only the beginning of the complex task of defining equality as guaranteed …
Prostitution And Pornography: Beyond Formalequality, Christine Boyle, Sheila Noonan
Prostitution And Pornography: Beyond Formalequality, Christine Boyle, Sheila Noonan
Dalhousie Law Journal
Both issues that are the subject of this paper raise questions relating to the meaning and application of section 15 of the Canadian Charter ofRights and Freedoms.' They provide case studies of the difficulties in putting an abstract concept, such as equality, into practical legal effect.
Equality, Ideology And Oppression: Women And Thecanadian Charter Of Rights And Freedoms, N Colleen Sheppard
Equality, Ideology And Oppression: Women And Thecanadian Charter Of Rights And Freedoms, N Colleen Sheppard
Dalhousie Law Journal
The major objective of this article is to contribute to an understanding of the potential impact of the equality provisions of the Canadian Charter of Rights and Freedoms2 on the lives of women. This requires an awareness of the realities of women's inequality in our society, an understanding of the legal conceptualization of equality, and a consideration of the role of "law" in remedying societal injustice. My focus in this article is on the second concern-that is, on legal theories of equality as they relate to women. I begin with a brief outline of the conflicting ideological approaches that infuse …
Judging And Equality: Quis Custodiet Ipsos Custodes?, Edward J. Mcbride
Judging And Equality: Quis Custodiet Ipsos Custodes?, Edward J. Mcbride
Dalhousie Law Journal
"Equality," like law, politics, and life itself, displays myriad aspects. Reflections on equality, therefore, must take many differentforms, as this volume will subsequently demonstrate. Now that Canada has entrenched equality as a constitutional value, facets of the issue seem to proliferate, almost without end. Questions abound: Will the equality guarantees be confined to public action only? What constitutes public action? Will the enumerated categories protected against discrimination be supplemented by incorporation of unenumerated categories? Will a conventional liberal point of view inform the development of equality under the Charter? What part will a crystallizing feminist perspective play in the process? …
The Idea Of The "Private": A Discussion Of Stateaction Doctrine And Separate Sphere Ideology, Hester Lessard
The Idea Of The "Private": A Discussion Of Stateaction Doctrine And Separate Sphere Ideology, Hester Lessard
Dalhousie Law Journal
This essay is a discussion of the formalization in law of a dichotomy between a natural, private order on the one hand, and a public sphere of state action and citizenship on the other. The discussion takes place in the context of equality rights and of the philosophical tensions that underlie the delineation of rights in general. Two legal phenomena are examined: state action doctrine as it has developed in American equal protection jurisprudence under the Fourteenth Amendment and separate sphere ideology as a rationalization for sexual discrimination. Under each doctrine, judicial denial of relief is predicated on a pre-ordained …
Equality, Efficiency And Judicial Restraint: Towards Adynamic Constitution, Peter Rogers
Equality, Efficiency And Judicial Restraint: Towards Adynamic Constitution, Peter Rogers
Dalhousie Law Journal
Whatever else may be meant by "equality" in specific contexts, its ordinary usage requires a comparison of the political, social, and economic conditions of different members of society. Equality theories are normative theories that explain which differences in condition are justifiable, and which are unacceptable. In short, equality is about the distribution of social benefits and burdens; equality rights are rights to distributive justice.
Women, Pensions And Equality, Susannah Worth Rowley
Women, Pensions And Equality, Susannah Worth Rowley
Dalhousie Law Journal
A society's values are reflected in its treatment of the elderly. The relationship of the aged to the rest of the population and the social and economic hierarchy within the aged as a group provide tangible and graphic evidence of a society's most fundamental values and attitudes. Who is rewarded and for what? What qualities and contributions are valued, and to what extent?
From False Paternalism To False Equality: Judicial Assaults On Feminist Community, Illinois 1869-1895, Frances Olsen
From False Paternalism To False Equality: Judicial Assaults On Feminist Community, Illinois 1869-1895, Frances Olsen
Michigan Law Review
This essay will examine the "equal treatment" versus "special treatment" for women issue as it arose in Illinois in the late nineteenth century. In 1869 the Illinois Supreme Court barred Myra Bradwell from the practice of law on the basis that she was a married woman, and in 1870 it reaffirmed its exclusion of women in In re Bradwell, the state decision the United States Supreme Court upheld in Bradwell v. Illinois. This denial of equal treatment to women, especially the concurring opinion by United States Supreme Court Justice Bradley, appears to many to represent paternalism at its …
Career Patterns Of Male And Female Lawyers, Linda Liefland
Career Patterns Of Male And Female Lawyers, Linda Liefland
Buffalo Law Review
No abstract provided.
Unequal Access: Women Lawyers In A Changing America, Miriam I. Pickus
Unequal Access: Women Lawyers In A Changing America, Miriam I. Pickus
Michigan Law Review
A Review of Unequal Access: Women Lawyers in a Changing America by Ronald Chester
Correspondence: March 18, 1986, Thank You Letter To Dr. Saffy For Campaign Contributions, Bob Graham
Correspondence: March 18, 1986, Thank You Letter To Dr. Saffy For Campaign Contributions, Bob Graham
Saffy Collection - All Textual Materials
A letter expressing his gratitude for Dr. Saffy’s contributions to Bob Graham’s United States Senate campaign.
Images Of The Woman Juror, Carol Weisbrod
Images Of The Woman Juror, Carol Weisbrod
Faculty Articles and Papers
No abstract provided.
To Have And To Hold: The Marital Rape Exemption And The Fourteenth Amendment, Anne Dailey
To Have And To Hold: The Marital Rape Exemption And The Fourteenth Amendment, Anne Dailey
Faculty Articles and Papers
No abstract provided.
The Creation Of Fetal Rights: Conflicts With Women's Constitutional Rights To Liberty, Privacy, And Equal Protection, Dawn E. Johnsen
The Creation Of Fetal Rights: Conflicts With Women's Constitutional Rights To Liberty, Privacy, And Equal Protection, Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
Published Consentless Sexual Portrayals: A Proposed Framework For Analysis, Ruth Colker
Published Consentless Sexual Portrayals: A Proposed Framework For Analysis, Ruth Colker
Buffalo Law Review
No abstract provided.
An Observation About Comparable Worth, George Schatzki
An Observation About Comparable Worth, George Schatzki
Seattle University Law Review
The ultimate legal question is: Does Title VII incorporate the comparable worth doctrine? The courts are saying, "No." Their reasoning is, at best, unpersuasive. Indeed, often their reasoning is nothing more than mere conclusion. Given what I have described briefly as the legal arguments pro and con, one can easily understand that so long as Griggs remains a part of the Title VII scene, there is a rational but not compelling argument to incorporate comparable worth into the Act. How, then, does a court decide? The following discussion is offered not as an example of desirable or undesirable judicial analysis. …
Income Taxation Of Social Security Benefits: Balancing Social Policy With Tax Policy, Christopher R. Hoyt
Income Taxation Of Social Security Benefits: Balancing Social Policy With Tax Policy, Christopher R. Hoyt
Faculty Works
No abstract provided.
Remedying Underinclusive Statutes, Candace Kovacic-Fleischer
Remedying Underinclusive Statutes, Candace Kovacic-Fleischer
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: A California employer who does not want to comply with California's mandatory unpaid pregnancy leave statute has reached the United States Supreme Court. The employer seeks to have the statute invalidated, claiming it is preempted by the Pregnancy Discrimination Act of Title VII of the Civil Rights Act of 1964. The employer is arguing that the California pregnancy leave act is fatally underinclusive because it does not provide similar employment protection for workers with short-term disabilities. The district court agreed with the employer; the court of appeals did not.