Law Commons^™

Abating The Feminization Of Poverty: Changing The Rules Governing Post - Decree Modification Of Child Support Obligations, J. Thomas Oldham

BYU Law Review

No abstract provided.

Four Remarkable Ohio Women Lawyers--The Cronise Sisters Of Tiffin, Florence Allen, And Cleveland Law School's "Hard-Boiled Mary'", Arthur R. Landever

Law Faculty Articles and Essays

Four Ohio Women blazed the trail. Among the early women lawyers in our state, they overcame resistance from the male bar or the culture of the day to distinguish themselves in the profession. Nettie Cronise was the first woman admitted to the Ohio bar. Her sister Florence followed, several months later. Florence Allen, admitted in 1914, became the nation's preeminent woman judge of her time. Mary Grossman, from Jewish immigrant roots, had a memorable career on the Cleveland Municipal Court. Why did these women choose law despite society's obstacles? What do they have to tell us?

Feminist Lawmaking And Historical Consciousness: Bringing The Past Into The Future, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Mail-Order Brides: Gilded Prostitution And The Legal Response, Eddy Meng

University of Michigan Journal of Law Reform

This Note explores the international mail-order bride industry where women from Asia and other developing countries are trafficked to men in Western industrialized countries. The author discusses the commonalities between the mail-order bride traffic and other forms of sexual exploitation, as well as the cultural and historical forces and the gender, ethnic, and class subordination which together fuel the demand for Asian Pacific mail-order brides. In the United States, the potential for exploitation is made greater in that immigrant brides face a threat of deportation during the first two years of residence via immigration laws. Given the inequalities between consumer-husbands …

Legal Protection For Victims Of Domestic Violence: A Guide For The Treating Physician, Jane C. Murphy

All Faculty Scholarship

No abstract provided.

Toward Gender Equality: The Promise Of Paradoxes Of Gender To Promote Structural Change, Andrea Giampetro-Meyer

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

"Mother," "Parent," And Bias, A. Jasmine Rassam

Indiana Law Journal

No abstract provided.

Who Are The Parents Biotechnological Children?, Larry I. Palmer

Faculty Publications

We do not underestimate the difficulties of legislating on this subject. In addition to the inevitable confrontation with the ethical and moral issues involved, there is the question of the wisdom and effectiveness of regulating a matter so private, yet of such public interest. Legislative consideration of surrogacy may also provide the opportunity to begin to focus on the overall implications of the new reproductive biotechnology- in vitro fertilization, preservation of sperms and eggs, embryo implantation and the like. The problem is how to enjoy the benefits of the technology-especially for infertile couples-while minimizing the risk of abuse. The problem …

Hearing Women Not Being Heard: On Carol Gilligan's Getting Civilized And The Complexity Of Voice, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Rethinking The Laws: Norplant As A Condition Of Probation For Female Child Abusers, R. Feikema Karachuk

In the Public Interest

No abstract provided.

Public Exposure Of The Female Breast: Obscene And Immoral Or Free And Equal?, Helen Pundurs

In the Public Interest

No abstract provided.

Prosecutors And Domestic Violence: Local Leadership Makes A Difference, Janet E. Findlater, Dawn Van Hoek

Law Faculty Research Publications

No abstract provided.

Employment Discrimination Law In Perspective: Three Concepts Of Equality, John J. Donohue Iii

Michigan Law Review

The essay begins with a discussion of which groups deserve the protection of employment discrimination law. With the protected categories of Title VII of the 1964 Civil Rights Act etched into the American consciousness, many might consider the appropriate categories to be fully self-evident. But of course, they are not, and many jurisdictions continue to struggle over whether certain dispreferred groups merit the law's solicitude.

Structuralist And Cultural Domination Theories Meet Title Vii: Some Contemporary Influences, Martha Chamallas

Michigan Law Review

This essay first looks at three important theoretical approaches - motivational, structural, and cultural - that mark the scholarly discourses on workplace equality since 1965. The motivational or individual choice theory is well established and has dominated legal discourse throughout this period. I concentrate in this essay on the other two visions, dating structuralist accounts from the mid1970s and cultural domination theories from the mid-1980s.

Title Vii And The Complex Female Subject, Kathryn Abrams

Michigan Law Review

One strength of Title VII has been its capacity to accommodate the changing conceptions of discrimination and the self-conceptions of subject groups. In the first decades of its enforcement, advocates have raised - and courts have endorsed - a range of contrasting conceptions in order to broaden the employment opportunities of protected groups. This flexibility is particularly evident with respect to women.

After exploring recent doctrinal efforts to respond to complex claimants, I address these questions and assess the prospects of change. Although the unitary or categorical notions of group identity under which Title VII has historically been enforced might …

Only Girls Wear Barrettes: Dress And Appearance Standards, Community Norms, And Workplace Equality, Katharine T. Bartlett

Michigan Law Review

In this essay I study both the judicial rationales and the scholarly criticisms thereof, agreeing with critics that community norms are too discriminatory to provide a satisfactory benchmark for defining workplace equality, but also questioning the usual implications of this critique. Critics assume that it is possible, and desirable, to evaluate dress and appearance rules without regard to the norms and expectations of the community - that is, according to stable or universal versions of equality that are uninfected by community norms. I question this assumption, arguing that equality, no less than other legal concepts, cannot transcend the norms of …

The Michael Jackson Pill: Equality, Race, And Culture, Jerome Mccristal Culp Jr.

Michigan Law Review

This chronicle is in tribute to the work of Derrick Bell, past, present, and future. I have borrowed his character Geneva Crenshaw as part of that tribute, and I hope she helps me raise some of the issues that he has taught us are important.

All characters in this chronicle are fictional, including Professor Culp and Professor Bell. Any relationship they may have to the real Professor Bell and Professor Culp is dictated by the requirements of creativity and the extent to which reality and fiction necessarily merge. I know that the real Derrick Bell is wiser than the one …

The Anticaste Principle, Cass R. Sunstein

Michigan Law Review

In this essay, I seek to defend a particular understanding of equality, one that is an understanding of liberty as well. I call this conception "the anticaste principle." Put too briefly, the anticaste principle forbids social and legal practices from translating highly visible and morally irrelevant differences into systemic social disadvantage, unless there is a very good reason for society to do so. On this view, a special problem of inequality arises when members of a group suffer from a range of disadvantages because of a group-based characteristic that is both visible for all to see and irrelevant from a …

Changing Opportunities For Partnership For Men And Women Lawyers During The Transformation Of The Modern Law Firm, Fiona M. Kay, John Hagan

Osgoode Hall Law Journal

Considerable controversy surrounds partnership in law firms, particularly regarding the possibility of systematic gender bias and discrimination. This article contributes to the existing literature by considering explanations of women's under-representation in partnerships within the historical context of changes in the structure of law practice. Such changes include transitions in the organization and scale of contemporary law firms, the emergence of branch offices and international markets, the diversification of recruitment practices and mobility routes through modified firm hierarchies, and rising expectations of billable hours. Using a survey of over 1,000 lawyers in Ontario law firms, the authors examine opportunities for partnership …

Divorce, Custody, Gender, And The Limits Of Law: On Dividing The Child, Lee E. Teitelbaum

Michigan Law Review

A Review of Dividing the Child: Social and Legal Dilemmas of Custody by Elanor E. Maccoby and Robert H. Mnookin

Only Words, David C. Dinielli

Michigan Law Review

A Review of Only Words by Catharine A. MacKinnon

Religion And The Search For A Principled Middle Ground On Abortion, Michael W. Mcconnell

Michigan Law Review

A Review of The Politics of Virtue: Is Abortion Debatable? by Elizabeth Mensch and Alan Freeman

The Lenses Of Gender: Transforming The Debate On Sexual Inequality, Jill M. Dahlmann

Michigan Law Review

A Review of The Lenses of Gender: Transforming the Debate on Sexual Inequality by Sandra Lipsitz Bem

Siberian Tigers And Exotic Birds: Ronald Dworkin's Map Of The Sacred, Hester Lessard

Dalhousie Law Journal

At its most abstract, Life's Dominion: An Argument about Abortion, Euthanasia, and Individual Freedom is a meditation on the nature of individual freedom. However, as author Ronald Dworkin explains at the end of Chapter One, he believes in doing philosophy in much the same way common law jurists believe in doing law-from the inside out-that is, by starting with a concrete problem and then proceeding to the more general questions raised by that problem. According to Dworkin, this generates a theory that is appropriately tailored to the issue, "Savile Row" so to speak, rather than "Seventh Avenue," and thus a …

Ain't?, Susan Grover

Faculty Publications

No abstract provided.

Law, Culture, And Harassment, Anita Bernstein

Faculty Scholarship

No abstract provided.

Transforming Victimization, Martha T. Mccluskey

Other Scholarship

No abstract provided.

Guidelines For Handling Domestic Violence Cases In Community Mental Health Centers, Carol E. Jordan, Robert Walker

Office for Policy Studies on Violence Against Women Publications

Community mental health centers are becoming increasingly involved in the delivery of services to victims and perpetrators of domestic violence. To help centers plan a domestic violence program and address the risk of liability in treating clients who may be dangerous, the authors suggest principles to guide clinical decisions, standards for service delivery, and standards for staff development.

Everything A Working Mother Needs To Know, Anne Weisberg, Carol Buckler

Books

The first handbook to help working mothers maintain and enhance their careers includes advice on handling colleagues' misconceptions, alternative work arrangements, and child care.

Verbal Sexual Harassment As Equality-Depriving Conduct, Keith R. Fentonmiller

University of Michigan Journal of Law Reform

Part I of this Note argues that commentators like Browne and some courts have mischaracterized the harm of verbal sexual harassment as mere "offense." Rather, the true harm of a sexually hostile environment created by words and expressive conduct extends beyond offense, emotional distress, and economic displacement; at bottom, the harm is equality-deprivation.

Part II explains how a sexually hostile environment is equality-depriving by arguing that words which create a sexually hostile environment must be understood in historical and social context. Words can be used not only to communicate ideas but also to perform acts of coercion and sexual abuse. …