Law Commons^™

No Cherries Grow On Our Trees: A Brief By The Take Action Project, Janet Mosher

Janet Mosher

The Global Advancement Of Women: Barriers And Best Practices - Foreword, Paula A. Monopoli

Paula A Monopoli

No abstract provided.

In A Different Voice: Lessons From Ledbetter, Paula A. Monopoli

Paula A Monopoli

Women in academia—among some of the best educated women in America—suffer from the same salary inequities as other women in society. The American Association of University Professors (AAUP) has found that women faculty “earn lower salaries on average even when they hold the same rank as men.” Thus, the recent United States Supreme Court decision on pay equity, Ledbetter v. Goodyear Tire & Rubber Company, holds a number of important lessons for women in academia. This article explores the intersection of these findings with the Court’s opinion in Ledbetter. The article examines the revealing rhetorical choices in the majority opinion, …

Women And The "New" Corporate Governance, Lisa M. Fairfax, Paula A. Monopoli

Paula A Monopoli

No abstract provided.

Clitoridectomy And The Economics Of Islamic Marriage & Divorce Law, Ryan M. Riegg

Ryan M. Riegg

Interstate Intercourse: How Modern Assisted Reproductive Technologies Challenge The Traditional Realm Of Conflicts Of Law, Sonia B. Green

Sonia Bychkov Green

New technologies have always posed challenges to established legal norms. Assisted Reproductive Technologies (ART) in particular pose legal and ethical challenges to the law, and create never before seen legal problems. Although the ABA House of Representatives recently approved the Model Act Governing Assisted Reproductive Technology, differences in laws and rules will continue to exist. The legal issued involved are wide-ranging, including: liability issues arising from the failure of ART technology, parentage issues, disposition of embryos, and many others. As ART becomes more widely used, it is also used more in an interstate and international context. Thus, when a dispute …

Redefining Harm, Reimagining Remedies And Reclaiming Domestic Violence Law, Margaret Johnson

Margaret E Johnson

Women subjected to domestic violence are disserved by the civil domestic violence laws that should effectively address and redress their harms. The Civil Protective Order [CPO] laws should remedy all domestic abuse and not solely physical violence or criminal acts. All forms of abuse, including psychological, emotional, economic and physical abuse, cause severe emotional distress, physical harm, isolation, sustained fear, intimidation, poverty, degradation, humiliation, and coerced loss of autonomy. Moreover, all abuse is interrelated, because, as researchers have demonstrated, most domestic violence is the fundamental operation of systemic oppression through the exertion of power and control. Given the effectiveness of …

A Tale Of Two Amendments: The Reasons Congress Added Sex To Title Vii And Their Implication For The Issue Of Comparable Worth, Michael Evan Gold

Michael Evan Gold

No abstract provided.

Invisible Workers: The Exclusion Of Domestic Workers From Protective Labor Legislation, Erica C. Morgan

Erica C Morgan

No abstract provided.

Differential Power In Intact Same-Sex Families Based On Legal And Cultural Understandings Of Parentage, Deirdre M. Bowen

Deirdre M Bowen

Do intact same-sex couples in which one member of the couple became pregnant with assisted reproduction or one member was the primary adopter, and the other member became a parent through second parent adoption understand the legal protections afforded them? In short the answer is no. An interesting family dynamic arises around who can claim the “true” status as parent based on their legal understandings of parenthood and their interactions with the dominant culture. While high profile custody cases on this issue have been decided in the United States with varying results, no research has examined the impact of uneven …

A Charade Of Change: Qisas And Diyat Ordinance Allows Honor Killings To Go Unpunished In Pakistan, Stephanie Palo

Stephanie Palo

This article begins with the story of Samia Sarwar. At age 17, Samia was forced to marry her cousin by arranged marriage. After enduring years of abuse, she hoped to obtain a divorce and sought the advice of her parents. Instead of advice, her parents threatened her life. While her parents were making their Hajj pilgrimage, Samia fled and met with human rights lawyer, Hina Jilani. While visiting in her offices, Samia was shot dead by an assassin hired by her parents.

Even though there is no doubt that Samia Sarwar was murdered, the current law in Pakistan has allowed …

Gender And The Legal Profession: The Michigan Alumni Data Set 1967-2000, Kenneth G. Dau-Schmidt, Marc S. Galanter, Kaushik Mukhopadhaya, Kathleen E. Hull

Kenneth G. Dau-Schmidt

The entry of women into the legal profession has forever changed both lawyers and the profession. In the brief period since the 1970’s, women have gone from a few brave pioneers constituting 3% of the bar to almost half of all new law students and a third of practicing attorneys. Women have brought to the profession a different set of assets and problems than men, focusing attention on the problem of balancing work and family in a way not previously experienced by the profession. In this study, we use the University of Michigan Law School Alumni Data Set to undertake …

Final Version: The Case For The Genetic Parent: Stanley, Quilloin, Caban, Lehr, And Michael H. Revisited, Anthony Miller

Anthony Miller

Does a genetic parent have right to exercise the fundamental rights which the United States Constitution affords parents? If a lesbian couple has a child with one woman donating the ova, which is artificially inseminated and implanted in the other woman, is the donor woman a mother under the Constitution? If sometime in the future a heterosexual couple has a child through the process if in vitro fertilization and through the use of an artificial womb, would the woman and man be the child’s mother and father for constitutional purposes? While the United States Supreme Court has recognized that parents …

The Evolution Of Women's Rights In Inheritance, Kristine Knaplund

Kristine Knaplund

No abstract provided.

The Trafficking And Exploitation Victims Assistance Program: A Proposed Early Response Plan For Victims Of International Human Trafficking In The United States, Marisa S. Cianciarulo

Marisa S. Cianciarulo

The Trafficking Victims Protection Act, ground-breaking legislation designed to punish traffickers and protect victims, is not reaching its full potential as a powerful tool against international human trafficking. A principal component of the Act - the availability of special T visas for trafficking victims who cooperate with law enforcement officials against their traffickers - is failing to reach its intended beneficiaries. According to U.S. government statistics, less than one percent of individuals trafficked into the United States have received protection in the form of a T visa. This article identifies weaknesses in the T visa system and proposes reforms designed …

What Is Choice? Examining Sex Trafficking Legislation Through The Lenses Of Rape Law And Prostitution, Marisa S. Cianciarulo

Marisa S. Cianciarulo

Sex trafficking has proven particularly immune to attempts to eradicate it. One reason may be that some types of demand will always be illegal and thus always vulnerable to trafficking, such as violent sex or sex with minors. Another reason, however, and the one that is the subject of this article, is the lack of cohesive policy on one of the main issues surrounding trafficking: consent. As discussed below, conflicting perspectives on the nature of consent have impeded the development of effective anti-trafficking efforts. One of the main debates plaguing efforts to eliminate sex trafficking involves the definition of the …

Transforming Transsexual And Transgender Rights, L. Camille Hebert

L. Camille Hebert

Transsexual and transgendered individuals receive only sporatic and non-comprehensive protection against discrimination in employment. Most efforts to extend that protection, through avenues of protection as a disability or enacting legislation extending protected class status, have been unsuccessful or incomplete. More successful in recent years has been to extend protection against sexual stereotyping to transsexual and transgendered individuals. Least successful has been the argument that discrimination against transsexual and transgendered individuals is itself prohibited sex discrimination. This article argues that in fact the structure to protect transsexual and transgendered individuals from discrimination is already in place through federal and state statutes …

Do Cognitive Biases Affect Adjudication?: A Study Of Labor Arbitrators (With Monica Biernat), Martin H. Malin, Monica Biernat

Martin H. Malin

Labor arbitrators were presented with four cases to decide, each involving a challenge to discipline or discharge of an employee resulting from a work-family conflict. Arbitrators were randomly given versions of the cases in which the gender and one other characteristivc of the employee were varied. The results showed little evidence of direct gender bias in decision-making but did reflect bias against single parents and employees with eldercare, as opposed to childcare, responsibilities. Implications for other adjudicators, including judges, jurors and administrative agency officials are discussed.

The Ladies' Health Protective Association: Lay Lawyers And Urban Cause Lawyering, Felice J. Batlan

Felice J Batlan

Enjoining Coercion: Squaring Civil Protection Orders With The Reality Of Domestic Abuse, Jeffrey R. Baker

Jeffrey R Baker

Every state provides civil protection for victims of domestic abuse, but these regimes typically fixate on physical violence. Domestic abuse, however, does not spring from violent tendencies. Rather, abuse arises from a perpetrator’s desire to exert power and control over his victim. Abusers often deploy emotional, economic, political and social tactics to coerce responses from vulnerable partners long before they resort to violence. Violence is the extreme tool to maintain control when a victim challenges the abuser’s power over her life. Civil protection systems should confront domestic abuse more comprehensively by providing relief from oppressive coercion. By empowering victims earlier …