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1995

Law and Gender

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Articles 1 - 30 of 116

Full-Text Articles in Law

Transsexualism As Metaphor: The Collision Of Sex And Gender, Leslie Pearlman Dec 1995

Transsexualism As Metaphor: The Collision Of Sex And Gender, Leslie Pearlman

Buffalo Law Review

No abstract provided.


Homologizing Pregnancy And Motherhood: A Consideration Of Abortion, Julia E. Hanigsberg Nov 1995

Homologizing Pregnancy And Motherhood: A Consideration Of Abortion, Julia E. Hanigsberg

Michigan Law Review

In this essay I reconsider abortion in order to bridge what initially seem to be two opposing frameworks: first, the conception of abortion as an issue of women's bodily integrity and liberty, and second, the acknowledgement of the existence and meaning of intrauterine life. The abortion choice is indeed deeply and necessarily tied to women's bodily integrity. I will discuss how taking away women's ability to control their decision not to become mothers can be severely damaging to their very sense of self, for this denial of decisionmaking divides women from their wombs and uses their wombs for a purpose …


Professionalism, Gender And The Public Interest: The Advocacy Of Protection, Minna J. Kotkin Oct 1995

Professionalism, Gender And The Public Interest: The Advocacy Of Protection, Minna J. Kotkin

Faculty Scholarship

No abstract provided.


Without Distinction: Recognizing Coverage Of Same-Gender Sexual Harassment Under Title Vii, Trish K. Murphy Oct 1995

Without Distinction: Recognizing Coverage Of Same-Gender Sexual Harassment Under Title Vii, Trish K. Murphy

Washington Law Review

Federal court decisions conflict regarding the applicability of Title VII of the Civil Rights Act of 1964 to sexual harassment cases where the alleged harasser and victim are members of the same gender. This Comment examines the courts' treatment of same-gender sexual harassment claims and argues that same-gender sexual harassment claims fall within the purview of Title VII as impermissible discrimination. In reaching this position, this Comment demonstrates that Title VII lacks gender-based limitations. It then argues that no valid justification exists for distinguishing between same-gender sexual harassment and sexual harassment involving members of different genders. Finally, this Comment suggests …


A Feminist Understanding Of Sex-Selective Abortion: Solely A Matter Of Choice, April L. Cherry Oct 1995

A Feminist Understanding Of Sex-Selective Abortion: Solely A Matter Of Choice, April L. Cherry

Law Faculty Articles and Essays

This essay consists of five sections. The first section describes the problem of sex-selective abortion, including an analysis of sociological data regarding adult preference for male children and its current effects. Section Two discusses various philosophical paradigms and analyses of sex-selective abortion with the goal of developing a coherent philosophical base from which to argue for a policy regarding sex-selective abortion which furthers the goals of gender equality. Section Three addresses the constitutionality of sex-selective abortion prohibitions in light of the Supreme Court's pronouncement in Planned Parenthood of Southeastern Pennsylvania v. Casey. Section Four outlines the liberal feminist response to …


We Can't Go On Together With Suspicious Minds: Judicial Bias And Racialized Perspective In R. V. R.D.S., Richard F. Devlin Oct 1995

We Can't Go On Together With Suspicious Minds: Judicial Bias And Racialized Perspective In R. V. R.D.S., Richard F. Devlin

Dalhousie Law Journal

In recent years it has been recognized that the Canadian judiciary has been drawn from only a relatively small cross section of the community, specifically privileged white males. As a result there have been calls for, and some action in pursuit of, appointment processes that are designed to diversify the bench in order to render it more inclusive. Gender and race are the two primary categories that are invoked as the benchmarks of diversity. While it would appear that numerically there seems to be some very modest progress towards the goal of achieving a more inclusive judiciary, significant qualitative, institutional …


Rethinking Feminist Judging, Michael E. Solimine, Susan E. Wheatley Jul 1995

Rethinking Feminist Judging, Michael E. Solimine, Susan E. Wheatley

Indiana Law Journal

No abstract provided.


Important Steps And Instructive Models In The Fight To Eliminate Violence Against Women, Elizabeth M. Misiaveg Jun 1995

Important Steps And Instructive Models In The Fight To Eliminate Violence Against Women, Elizabeth M. Misiaveg

Washington and Lee Law Review

No abstract provided.


Fictionalizing Harassment—Disclosing The Truth, Maria L. Ontiveros May 1995

Fictionalizing Harassment—Disclosing The Truth, Maria L. Ontiveros

Michigan Law Review

A Review of Disclosure by Michael Crichton, and Bearing Witness: Sexual Harassment and Beyond—Everywoman's Story by Celia Morris


The Countermajoritarian Paradox, Neal Davis May 1995

The Countermajoritarian Paradox, Neal Davis

Michigan Law Review

A Review of Liberty and Sexuality: The Right to Privacy and the Making of Roe v. Wade. by David J. Garrow


Constitutional Misconceptions, Radhika Rao May 1995

Constitutional Misconceptions, Radhika Rao

Michigan Law Review

A Review of Children of Choice: Freedom and the New Reproductive Technologies by John A. Robertson


Pragmatism, Feminism, And The Problem Of Bad Coherence, Catharine Pierce Wells May 1995

Pragmatism, Feminism, And The Problem Of Bad Coherence, Catharine Pierce Wells

Michigan Law Review

A Review of Reinterpreting Property by Margaret Jane Radin


Putting Women First, Mary Coombs May 1995

Putting Women First, Mary Coombs

Michigan Law Review

A Review of Gender, Crime, and Punishment by Kathleen Daly


Second Chances: Bill C-72 And The Charter, Isabel Grant Apr 1995

Second Chances: Bill C-72 And The Charter, Isabel Grant

Osgoode Hall Law Journal

This paper examines the legislative response to the Supreme Court of Canada's decision in R. v. Daviault. The author argues that Bill C-72, which limits the defence of extreme intoxication, is constitutional because of its strong underpinnings in equality. The author reviews the statistics on violence against women and the role of intoxication in that violence to illustrate why the defence of intoxication raises issues of sex equality. The author argues that a court assessing the constitutionality of Bill C-72 should consider this strong foundation in equality and the fact that the Bill is the result of a careful balancing …


Select Bibliography Of Women's Human Rights, Valerie Oosterveld, Rebecca J. Cook Apr 1995

Select Bibliography Of Women's Human Rights, Valerie Oosterveld, Rebecca J. Cook

Law Publications

No abstract provided.


Women And The Law: A Century Of Achievement, Mary Beth Nolan Apr 1995

Women And The Law: A Century Of Achievement, Mary Beth Nolan

West Virginia Law Review

No abstract provided.


W Stories: Women In Leadership Positions In The Judiciary, Deanell Reece Tacha Apr 1995

W Stories: Women In Leadership Positions In The Judiciary, Deanell Reece Tacha

West Virginia Law Review

No abstract provided.


West Virginia's Pioneer Women Lawyers, Teree E. Foster, Sandra M. Fallon Apr 1995

West Virginia's Pioneer Women Lawyers, Teree E. Foster, Sandra M. Fallon

West Virginia Law Review

No abstract provided.


The Dilemma Of Choice: A Feminist Perspective On The Limits Of Freedom Of Contract, Gillian K. Hadfield Apr 1995

The Dilemma Of Choice: A Feminist Perspective On The Limits Of Freedom Of Contract, Gillian K. Hadfield

Osgoode Hall Law Journal

In this essay I explore what Michael Trebilcock's work in The Limits of Freedom of Contract offers feminists in terms of a resolution or transcendance of the dilemma of choice. Trebilcock's work does not address the deepest feminist concerns about conflicts between autonomy and welfare, but it does shed light on narrower versions of the dilemma, providing an analytical framework for the feminist dilemma of choice and emphasizing the pervasiveness of this problem in contract law. Trebilcock's recommendation that society simultaneously use different institutions to promote different values also has salience for the feminist dilemma of choice.


Between Irua And "Female Genital Mutilation" : Feminist Human Rights Discourse And The Cultural Divide, Hope Lewis Mar 1995

Between Irua And "Female Genital Mutilation" : Feminist Human Rights Discourse And The Cultural Divide, Hope Lewis

Hope Lewis

“Irua,” or female genital surgery (“FGS”), involves the most private aspects of individual female physical and cultural identity. Yet, the health risks caused by FGS raised concern in cultures in which FGS is not traditionally practiced. There has been extensive dialogue regarding the implications of FGS for cross-cultural feminist approaches to human rights. This Article examines the controversy over FGS terminology as it reflects more complex debates over FGS as a violation of international human rights. It further assesses the reasons offered to justify Western feminists’ participation in cross-cultural strides to address FGS through human rights law. In addition, the …


Pregnancy And Unemployment: Problems And Solutions?, Mark R. Brown Mar 1995

Pregnancy And Unemployment: Problems And Solutions?, Mark R. Brown

University of Michigan Journal of Law Reform

Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.


Women's Rights In Early England, Christine G. Clark Mar 1995

Women's Rights In Early England, Christine G. Clark

BYU Law Review

No abstract provided.


Harris V. Forklift Systems, Inc. Victory Or Defeat?, Laura Hoffman Roppe Feb 1995

Harris V. Forklift Systems, Inc. Victory Or Defeat?, Laura Hoffman Roppe

San Diego Law Review

This Casenote analyzes the significance and potential effects of the decision in Harris v. Forklift Systems, Inc., a Supreme Court case decided in November 1993. This case promulgates a framework for analysis of "hostile environment" sexual harassment claims arising under Title VII of the Civil Rights Act of 1964. The author sets forth the historical backdrop of the case, as well as exploring and comparing the effect of the decision in general with the decision's effect in the Ninth Circuit in particular. The author concludes that the Harris case potentially reduces women's chances of winning sexual harassment claims in the …


Epilogue: Making Reconceptualization Of Violence Against Women Real, Elizabeth M. Schneider Jan 1995

Epilogue: Making Reconceptualization Of Violence Against Women Real, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


Fantasy, Celebrity, And Homicide, Thomas Morawetz Jan 1995

Fantasy, Celebrity, And Homicide, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.


The Countermajoritarian Paradox, Neal Devins Jan 1995

The Countermajoritarian Paradox, Neal Devins

Faculty Publications

No abstract provided.


Forgotten Victims: Responsibility Under Law For Systematic Sexual Violence Toward Women During Warfare, Linda A. Malone Jan 1995

Forgotten Victims: Responsibility Under Law For Systematic Sexual Violence Toward Women During Warfare, Linda A. Malone

Popular Media

No abstract provided.


Defending Pornography: Free Speech & The Fight For Women’S Rights, Nadine Strossen Jan 1995

Defending Pornography: Free Speech & The Fight For Women’S Rights, Nadine Strossen

Books

The newest attacks on the First Amendment and on free expression have come from a vocal and influential segment of the feminist movement that has launched a successful - and puritanical - crusade against "pornography" as the root of discrimination and violence against women. But, as Nadine Strossen, president of the American Civil Liberties Union, forcefully argues, this view of sexuality as inherently dangerous does profound damage to human rights in general, and to women's rights in particular. In Defending Pornography, Strossen shows that, since the late 1970s, a new and startling alliance has been fused between "procensorship" feminists, most …


Feminism And The False Dichotomy Of Victimization And Agency, Elizabeth M. Schneider Jan 1995

Feminism And The False Dichotomy Of Victimization And Agency, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


Human Rights Law And Reproductive Self-Determination Conference On The Interventional Protection Of Reproductive Rights, Rebecca J. Cook Jan 1995

Human Rights Law And Reproductive Self-Determination Conference On The Interventional Protection Of Reproductive Rights, Rebecca J. Cook

American University Law Review

No abstract provided.