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Full-Text Articles in Law

The Triumph Of Hate Speech Regulation: Why Gender Wins But Race Loses In America, Jon Gould Jan 1999

The Triumph Of Hate Speech Regulation: Why Gender Wins But Race Loses In America, Jon Gould

Michigan Journal of Gender & Law

On March 30, 1995, newspaper headlines declared that hate speech regulations were dead. After six years of litigating over university hate speech codes, Stanford University's rule, one of the most modest and cautiously drafted, had been declared unconstitutional by a California Superior Court. Hate speech regulation is far from over. To the contrary, hate speech rules not only continue to exist, but the courts regularly enforce their provisions. The difference is that these cases are largely restricted to a single category-sexual harassment. Under Title VII of the Civil Rights Act of 1964, and with the regulatory support of the ...


What Will Diversity On The Bench Mean For Justice?, Theresa M. Beiner Jan 1999

What Will Diversity On The Bench Mean For Justice?, Theresa M. Beiner

Michigan Journal of Gender & Law

This article is aimed at the general question: whether having a woman judge would make a difference in sexual harassment cases. This article is aimed at this general question, the response to which has been elusive: Does the race, gender, or other background characteristics of a judge make a difference in the outcome of cases? The effects of diversity on the bench are just becoming measurable. Many legal scholars have assumed diversity will make a difference. While this conclusion may seem commonsensical, it is important to be able to support such assertions with actual data. The supposition has been that ...


Foundations For 15(1): Equality Rights In Canada, Martha A. Mccarthy, Joanna L. Radbord Jan 1999

Foundations For 15(1): Equality Rights In Canada, Martha A. Mccarthy, Joanna L. Radbord

Michigan Journal of Gender & Law

The paper discusses a selection of important cases under section 15 of the Canadian Charter of Rights and Freedoms. It traces the development of equality jurisprudence from the introduction of section 15 to early approaches in Andrews, Hess, Weatherall, Symes, and McKinney. This review illustrates the persistence of formal equality analysis and the threats of biology, morality, and tradition to the realization of substantive equality. The May 25, 1995, trilogy of Egan, Miron, and Thibaudeau is critiqued in detail. Finally, we turn to more recent jurisprudence and offer a brief discussion of M. v. H.