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University of Michigan Law School

Law and Gender

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Articles 421 - 450 of 529

Full-Text Articles in Law

An Imperfect Remedy For Imperfect Violence: The Construction Of Civil Rights In The Violence Against Women Act, David Frazee Jan 1993

An Imperfect Remedy For Imperfect Violence: The Construction Of Civil Rights In The Violence Against Women Act, David Frazee

Michigan Journal of Gender & Law

Along with the Civil Rights Act of 1964 and the Americans with Disabilities Act, the Violence Against Women Act (VAWA) could be the most significant addition to federal civil rights laws in the last century. While potentially revolutionary, the VAWA's civil rights remedy forges two problematic legal concepts-traditional civil rights jurisprudence and "perfect" violence-into a super-remedy that risks combining the worst aspects of each. Those who utilize and interpret the Act can avoid this outcome by situating individual violent acts in the broader social and historical context of gender-motivated violence.

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The Hunger Trap: Women, Food, And Self-Determination, Christine Chinkin, Shelley Wright Jan 1993

The Hunger Trap: Women, Food, And Self-Determination, Christine Chinkin, Shelley Wright

Michigan Journal of International Law

The authors examine the relationship of international law and food to women by first presenting seven stories of women from different situations, geographical locations, and conditions of affluence or poverty. These individual stories illustrate in a concrete way the circumstances of individual women's lives and their relationship to food and hunger. They are, to some extent, representative of women generally. We then examine the international legal framework and the provisions of international law that might be relevant to relieving the reality of hunger and women's vulnerability to food deprivation.

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Gendered States: Feminist (Re)Visions Of International Relations Theory, Hilary Charlesworth Jan 1993

Gendered States: Feminist (Re)Visions Of International Relations Theory, Hilary Charlesworth

Michigan Journal of International Law

Review of the book edited by V. Spike Peterson.

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Illiberal Education: The Politics Of Race And Sex On Campus, Bruce Goldner May 1992

Illiberal Education: The Politics Of Race And Sex On Campus, Bruce Goldner

Michigan Law Review

A Review of Illiberal Education: The Politics of Race and Sex on Campus by Dinesh D'Souza

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Divorce Reform And The Legacy Of Gender, Milton C. Regan Jr. May 1992

Divorce Reform And The Legacy Of Gender, Milton C. Regan Jr.

Michigan Law Review

A Review of The Illusion of Equality: The Rhetoric and Reality of Divorce Reform by Martha Albertson Fineman

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Legislative Inputs And Gender-Based Discrimination In The Burger Court, Earl M. Maltz Mar 1992

Legislative Inputs And Gender-Based Discrimination In The Burger Court, Earl M. Maltz

Michigan Law Review

In An Interpretive History of Modem Equal Protection, Michael Klarman poses a powerful challenge to the conventional wisdom regarding the structure of Burger Court jurisprudence. Most commentators have concluded that during the Burger era the Court lacked a coherent vision of constitutional law, and was given to a "rootless" activism or a "pragmatic" approach to constitutional analysis. Klarman argues that, at least in the area of equal protection analysis, the Burger Court's approach did reflect a unifying theme, which he describes as a focus on "legislative inputs." According to Klarman, this approach "directs judicial review towards purging legislative decision-making of …

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Redefining The Family: Recognizing The Altruistic Caretaker And The Importance Of Relational Needs, Beverly Horsburgh Jan 1992

Redefining The Family: Recognizing The Altruistic Caretaker And The Importance Of Relational Needs, Beverly Horsburgh

University of Michigan Journal of Law Reform

Part I of this Article describes the general nonrecognition of altruism in the law. It then focuses on contract law, discussing cases involving parties who cohabitate without formalizing their relationship in a marriage, and those who are not sexually intimate but are nevertheless interrelated members of an extended family. I argue that when a relationship ends, a caretaker becomes aware of her sacrifice and effort on behalf of another and experiences a sense of loss. However, recovery in contract requires the perverse recharacterization of the parties as self-seeking strangers impersonally bargaining over market services in a commodity exchange. Courts indulge …

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Germany's Legal Protection For Women Workers Vis-À-Vis Illegal Employment Discrimination In The United States: A Comparative Perspective In Light Of Johnson Controls, Carol D. Rasnic Jan 1992

Germany's Legal Protection For Women Workers Vis-À-Vis Illegal Employment Discrimination In The United States: A Comparative Perspective In Light Of Johnson Controls, Carol D. Rasnic

Michigan Journal of International Law

This article will review the major German laws affecting women in the workplace, including clarification of the rationales of the German Bundestag (parliament). Comparative remarks regarding U.S. law and an analysis of Johnson Controls will place the two bodies of law in juxtaposition. Finally, an explanatory historical overview will allow the reader to draw his or her own conclusions as to the preferred view of the legal status of the working woman.

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International Human Rights And Feminism: When Discourses Meet, Karen Engle Jan 1992

International Human Rights And Feminism: When Discourses Meet, Karen Engle

Michigan Journal of International Law

In this article, the author brings some of the issues identified and discussed in domestic law into public international law, through an analysis of that area of human rights law pertaining to women. Although she is inspired by the domestic debate, her purpose here is not specifically to critique or defend rights. Rather, to explore the various ways that advocates of international women's rights have deployed, and at the same time critiqued, existing rights frameworks in order to achieve change for women. In doing so, the author analyzes the multiple roles that rights discourse plays in the advocacy of women's …

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Sex Discrimination (Update 1), Christina B. Whitman Jan 1992

Sex Discrimination (Update 1), Christina B. Whitman

Book Chapters

During the 1980s and early 1990s intense disagreement has arisen over the appropriate strategy for eliminating sex discrimination. Some courts and commentators argue for gender-neutral rules that define categories in purely functional terms. Others, who point out that gender-neutral rules promise equality only for women who can meet a ‘‘male standard,’’ think that legal distinctions between the sexes are not only appropriate but necessary, at least in cases involving perceived biological differences. Still others refuse to think in terms of sameness and difference. They analyze each issue by asking whether the disputed rule furthers the domination of men and the …

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Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney Oct 1991

Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney

Michigan Law Review

Part I of this article discusses violence in the ordinary lives of women, describing individual and societal denial that pretends domestic violence is rare when statistics show it is common, and describing the ways in which motherhood shapes women's experience of violence and choices in response to violence. Part II examines definitions of battering and evaluates their effectiveness at disguising or revealing the struggle for control at the heart of the battering process. I then describe in Part III the pressures that self-defense and custody cases place on legal and cultural images of battered women and contrast the development of …

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Gender Justice Without Foundations, Marion Smiley May 1991

Gender Justice Without Foundations, Marion Smiley

Michigan Law Review

A Review of Feminism/Postmodernism edited by Linda J. Nicholson and Justice and the Politics of Difference by Iris Marion Young

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The Challenges Of Multiplicity, Jennifer Nedelsky May 1991

The Challenges Of Multiplicity, Jennifer Nedelsky

Michigan Law Review

A Review of Inessential Woman: Problems of Exclusion in Feminist Thought by Elizabeth V. Spelman

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Women And Law In Classical Greece, Craig Y. Allison May 1991

Women And Law In Classical Greece, Craig Y. Allison

Michigan Law Review

A Review of Women in Law in Classical Greece by Raphael Sealey

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Abortion And The Law: A Problem Without A Solution?, Robert F. Drinan S.J. May 1991

Abortion And The Law: A Problem Without A Solution?, Robert F. Drinan S.J.

Michigan Law Review

A Review of Abortion: The Clash of Absolutes by Laurence H. Tribe

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Feminizing Unions: Challenging The Gendered Structure Of Wage Labor, Marion Crain Mar 1991

Feminizing Unions: Challenging The Gendered Structure Of Wage Labor, Marion Crain

Michigan Law Review

In this article, I argue that labor unions can be an effective, central tool in a feminist agenda targeting the gendered structure of wage labor. Collective action is the most powerful and expedient route to female empowerment; further, it is the only feasible means of transforming our deeply gendered market and family structure. Others have laid the groundwork by showing how existing individual-model challenges have been unable to accomplish such broad-based reform. I begin where they leave off.

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The Impact Of Public Abortion Funding Decisions On Lndigent Women: A Proposal To Reform State Statutory And Constitutional Abortion Funding Provisions, Carole A. Corns Jan 1991

The Impact Of Public Abortion Funding Decisions On Lndigent Women: A Proposal To Reform State Statutory And Constitutional Abortion Funding Provisions, Carole A. Corns

University of Michigan Journal of Law Reform

This Note argues that state legislatures should relax funding restrictions on abortions for indigent women and proposes specific mechanisms to ensure the equal protection of indigent women in the abortion context. Part I briefly recounts the history of federal funding for abortions, from the liberal post-Roe funding scheme to the restrictive funding arrangements that have prevailed since the early 1980s. Part II surveys the existing literature and discusses patterns of state funding and the impact of funding restrictions on indigent women seeking abortions. This literature shows that the tightening of state funding policies subsequent to the federal Medicaid restrictions has …

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Unwelcome Imports: Racism, Sexism, And Foreign Investment, William H. Lash Iii Jan 1991

Unwelcome Imports: Racism, Sexism, And Foreign Investment, William H. Lash Iii

Michigan Journal of International Law

This article will address the problems minorities and women face from Japanese foreign direct investment. This article focuses on Japanese direct investment because the rapid rise in Japan's direct investment in the United States, combined with a record of discrimination by Japanese firms in Japan and abroad, makes Japanese investment the best example of the problems addressed in this article. However, the discriminatory attitudes described here may well be held by other foreign investors, and therefore, the legislation proposed later in this article addresses a broader problem.

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Note, The Convention For The Elimination Of All Forms Of Discrimination Against Women: Radical, Reasonable, Or Reactionary?, Sarah C. Zearfoss Jan 1991

Note, The Convention For The Elimination Of All Forms Of Discrimination Against Women: Radical, Reasonable, Or Reactionary?, Sarah C. Zearfoss

Michigan Journal of International Law

This Note will explore the merits behind these positions and attempt a resolution. If the potential effect of the Convention can only be to freeze and enshrine sex equality law as it currently exists, one who is interested in achieving changes in the law for the purpose of benefiting women will not want to put her energy into lobbying for ratification. It is therefore important to get past political strategies and determine what promise the Convention might hold for women in the United States. If the United States were to ratify the Convention, what changes, if any, would result?

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Nurturin Rights: An Essay On Women, Peace, And International Human Rights, Barbara Stark Jan 1991

Nurturin Rights: An Essay On Women, Peace, And International Human Rights, Barbara Stark

Michigan Journal of International Law

This essay will explore the relationship between what many view as the two most urgent issues of our time: nurturing rights, and promoting peace.

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Review Essay - Feminist Jurisprudence, Christina Whitman Jan 1991

Review Essay - Feminist Jurisprudence, Christina Whitman

Reviews

In the 1970s feminist legal theory furthered feminist legal practice. Feminist lawyers saw themselves as advocates of "women's rights," interested in winning legal victories in particular cases. Because their attention was focused on reform through legislation or litigation, the theory they developed was deliberately, if uncritically, grounded in what would be persuasive to those who held power in government institutions. They built directly upon the precedent made in race cases, precedent which assumed that the appropriate goal for social change was equality and defined equality as the similar treatment of similarly situated individuals. The key to the early legal victories …

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Feminist Jurisprudence, Christina B. Whitman Jan 1991

Feminist Jurisprudence, Christina B. Whitman

Book Chapters

In the 1970s feminist legal theory furthered feminist legal practice. Feminist lawyers saw themselves as advocates of ''women's rights," interested in winning legal victories in particular cases. Because their attention was focused on reform through legislation or litigation, the theory they developed was deliberately, if uncritically, grounded in what would be persuasive to those who held power in government institutions. They built directly upon the precedent made in race cases, precedent which assumed that the appropriate goal for social change was equality and defined equality as the similar treatment of similarly situated individuals. The key to the early legal victories …

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Sex-Bias Topics In The Criminal Law Course: A Survey Of Criminal Law Professors, Nancy S. Erickson, Mary Ann Lamanna Oct 1990

Sex-Bias Topics In The Criminal Law Course: A Survey Of Criminal Law Professors, Nancy S. Erickson, Mary Ann Lamanna

University of Michigan Journal of Law Reform

This Article addresses the empirical question of whether law school curricula have advanced to the stage of integrating materials on gender-related topics into core courses, thus exposing students to gender-related topics in the law and presenting a perspective shaped by women's as well as men's experiences. We examine one of the central courses of the law school curriculum: criminal law. Although some of the attention directed to sex discrimination in law has focused on specific areas of criminal law such as rape and spouse abuse, a more systematic scrutiny of the substantive rules of criminal law and the ways in …

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Women Lawyers And The Quest For Professional Identity In Late Nineteenth-Century America, Virginia G. Drachman Aug 1990

Women Lawyers And The Quest For Professional Identity In Late Nineteenth-Century America, Virginia G. Drachman

Michigan Law Review

Whenever Lelia Robinson, a nineteenth-century woman lawyer, prepared to take a case to court, she faced a particular problem what to do about her hat. "Shall the woman attorney wear her hat when arguing a case or making a motion in court," she asked in 1888, "or shall she remove it?" Robinson's question was not a frivolous matter of fashion, but a serious concern to every woman lawyer who entered the courtroom. As a proper lady of her day, it was not only appropriate that she wear a hat in public, it was expected of her. But as a lawyer, …

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Women And Contracts: No New Deal, Elizabeth S. Anderson May 1990

Women And Contracts: No New Deal, Elizabeth S. Anderson

Michigan Law Review

A Review of The Sexual Contract by Carole Pateman

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Feminism And Post-Structuralism, Joan C. Williams May 1990

Feminism And Post-Structuralism, Joan C. Williams

Michigan Law Review

A Review of The Female Body and the Law by Zillah R. Eisenstein

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The New Politics Of Pornography, René L. Todd May 1990

The New Politics Of Pornography, René L. Todd

Michigan Law Review

A Review of The New Politics of Pornography by Donald A. Downs

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Justice, Gender And The Family, Christine A. Pagac May 1990

Justice, Gender And The Family, Christine A. Pagac

Michigan Law Review

A Review of Justice, Gender and the Family by Susan Moller Okin

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History's Challenge To Feminism, Jeanne L. Schroeder May 1990

History's Challenge To Feminism, Jeanne L. Schroeder

Michigan Law Review

A Review of Law, Sex, and Christian Society in Medieval Europe by James A. Brundage

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Defending Women, Susan Estrich May 1990

Defending Women, Susan Estrich

Michigan Law Review

A Review of Justifiable Homicide: Battered Women, Self-Defense and The Law by Cynthia Gillespie

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