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2000

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Articles 1 - 30 of 32

Full-Text Articles in Law

The Mixed Messages Of Title Ix, Sherman J. Clark Dec 2000

The Mixed Messages Of Title Ix, Sherman J. Clark

University of Michigan Journal of Law Reform

Introduction to a University of Michigan Journal of Law Reform Symposium entitled Competing in the 21st Century: Title IX, Gender Equity, and Athletics.


Pay Equity For Coaches And Athletic Administrators: An Element Of Title Ix?, Barbara Osborne, Marilyn V. Yarbrough Dec 2000

Pay Equity For Coaches And Athletic Administrators: An Element Of Title Ix?, Barbara Osborne, Marilyn V. Yarbrough

University of Michigan Journal of Law Reform

In this Article, Professors Osborne and Yarbrough address the issue of gender discrimination in the compensation of coaches and athletic administrators. They discuss the application of the Equal Pay Act of 1963 and Title VII to pay inequity claims and conclude that both have proven to be inadequate as a means of addressing the problem. Professors Osborne and Yarbrough then present Title IX as a way of countering the problem of gender discrimination in the compensation of coaches. They also discuss the prospects for gender equality in compensation by considering several cases addressing the issue. Finally, they offer recommendations both ...


The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake Dec 2000

The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake

University of Michigan Journal of Law Reform

Title IX's three-part test for measuring discrimination in the provision of athletic opportunities to male and female students has generated heated controversy in recent years. In this Article, Professor Brake discusses the theoretical underpinnings behind the three-part test and offers a comprehensive justification of this theory as applied to the context of sport. She begins with an analysis of the test's relationship to other areas of sex discrimination law, concluding that, unlike most contexts, Title IX rejects formal equality as its guiding theory, adopting instead an approach that focuses on the institutional structures that subordinate girls and women ...


Gender And Intercollegiate Athletics: Data And Myths, Julia Lamber Dec 2000

Gender And Intercollegiate Athletics: Data And Myths, Julia Lamber

University of Michigan Journal of Law Reform

This Article explores what nondiscrimination means in the context of intercollegiate athletics. After reviewing the Department of Education's controversial Title IX Policy Interpretation, it critically examines the analytical framework used in Title IX athletic cases and concludes that commonly made analogies to litigation under Title VII of the 1964 Civil Rights Act are inapt. A major part of the Article is an empirical study, looking first at gender equity plans written by institutions of higher education for the National Collegiate Athletic Association and then at data collected from more than 325 institutions pursuant to the Equity in Athletics Disclosure ...


Gender On The Line: Technology, Restructuring And The Reorganization Of Work In The Call Centre Industry, Policy Report, Ruth Buchanan, Sara Koch-Schulte Oct 2000

Gender On The Line: Technology, Restructuring And The Reorganization Of Work In The Call Centre Industry, Policy Report, Ruth Buchanan, Sara Koch-Schulte

Commissioned Reports, Studies and Public Policy Documents

This project, a case study of the emerging call centre industry in Canada, examines the impacts of restructuring on those in the lower tiers of the labour market. The first stage of the study surveyed managers at call centres in three sites in Canada: New Brunswick (St. John, Moncton and Fredericton), Winnipeg, Manitoba, and Toronto, Ontario. Issues surveyed included types of call centre applications, labour force composition (age, gender, race and disability), wage rates, hiring, training and promotion. The survey results clearly established that women and youth make up the majority of the call centre work force across Canada. The ...


Unbending Gender: Why Family And Work Conflict And What To Do About It (Panel Two: Who's Minding The Baby?), Nancy E. Dowd, Adrienne Davis, Marion Crain, Bonnie Dill, Catherine Ross, Joan Williams Aug 2000

Unbending Gender: Why Family And Work Conflict And What To Do About It (Panel Two: Who's Minding The Baby?), Nancy E. Dowd, Adrienne Davis, Marion Crain, Bonnie Dill, Catherine Ross, Joan Williams

UF Law Faculty Publications

A central characteristic of our current gender arrangements is that they pit ideal worker women against marginalized caregiver women in a series of patterned conflicts I call gender wars. One version of these are the mommy wars that we see often covered in the press between employed mothers and mothers at home. Employed mothers at times participate in the belittlement commonly felt by homemakers. Also mothers at home, I think, at times participate in the guilt-tripping that's often felt by mothers who are employed. These gender wars are a central but little understood characteristic of the gender system that ...


Gender And Privacy In Cyberspace, Anita L. Allen May 2000

Gender And Privacy In Cyberspace, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


Partial Privatization Of Social Security: Assessing Its Effect On Women, Minorities, And Lower-Income Workers, Kathryn L. Moore Apr 2000

Partial Privatization Of Social Security: Assessing Its Effect On Women, Minorities, And Lower-Income Workers, Kathryn L. Moore

Law Faculty Scholarly Articles

Once viewed as the “third rail” of politics, Social Security appears to be moving inexorably toward reform. In his 1998 State of the Union address, President Clinton proclaimed strengthening Social Security a high priority and called for bipartisan forums on Social Security reform to be held throughout the United States. Similarly, following the 1998 November elections, congressional leaders expressed commitment to “saving Society Security,” and House Ways and Means Chairman Bill Archer renewed his commitment to bipartisan reform of Social Security as recently as December 8, 1999 in a letter to President Clinton. Congressional hearings on reform proposals are ubiquitous ...


Addressing Domestic Violence In Immigrant Communities, Deborah M. Weissman Apr 2000

Addressing Domestic Violence In Immigrant Communities, Deborah M. Weissman

Faculty Publications

No abstract provided.


Biology For Feminists, Katharine K. Baker Feb 2000

Biology For Feminists, Katharine K. Baker

All Faculty Scholarship

No abstract provided.


Biology For Feminists, Katharine K. Baker Feb 2000

Biology For Feminists, Katharine K. Baker

Katharine K. Baker

No abstract provided.


Deconstructing Patriarchal Jurisprudence In Islamic Law: A Faithful Approach, Azizah Y. Al-Hibri Jan 2000

Deconstructing Patriarchal Jurisprudence In Islamic Law: A Faithful Approach, Azizah Y. Al-Hibri

Law Faculty Publications

Global Critical Race Feminism is the first anthology to focus explicitly on the legal rights of women of color around the world. Containing nearly thirty essays, the book addresses such topical themes as responses to white feminism; the flashpoint issue of female genital mutilation; the intersections of international law with U.S. law; "Third World" women in the "First World;" violence against women; and the global workplace.


Muslim Women's Rights In The Global Village: Challenges And Opportunities, Azizah Y. Al-Hibri Jan 2000

Muslim Women's Rights In The Global Village: Challenges And Opportunities, Azizah Y. Al-Hibri

Law Faculty Publications

In this age of information technology that shrank our world into a global village, it is fair to ask how this recent development has impacted Muslim women's rights across the world. Having just traveled through nine Muslim countries, ranging from Pakistan and Bangladesh to the Gulf States, Egypt, Syria, and Lebanon, I would answer that it is leading, slowly but surely, to reassessment and change.' Attempts to accelerate the pace of this change, however, without full understanding of its complex topology, and the deep-rooted commitment by most Muslim women to spiritual and cultural authenticity, could halt or even reverse ...


Homosexuality As Contagion: From The Well Of Loneliness To The Boy Scouts, Nancy J. Knauer Jan 2000

Homosexuality As Contagion: From The Well Of Loneliness To The Boy Scouts, Nancy J. Knauer

Nancy J. Knauer

In the political arena, there are currently two central and competing views of homosexuality. Pro-family organizations, working from a contagion model of homosexuality, contend that homosexuality is an immoral, unhealthy, and freely chosen vice. Many pro-gay organizations espouse an identity model of homosexuality under which sexual orientation is an immutable, unchosen, and benign characteristic. Both pro-family and pro-gay organizations believe that to define homosexuality is to control its legal and political status. This sometimes bitter debate regarding the nature of same-sex desire might seem like an exceedingly contemporary development. However, the ex-gay media blitz of 2000 represents only the latest ...


Redistribution Under The Current Social Security System, Kathryn L. Moore Jan 2000

Redistribution Under The Current Social Security System, Kathryn L. Moore

Law Faculty Scholarly Articles

Arguably the most successful program of the modern welfare state, Social Security has been enormously successful in lifting the elderly out of poverty. Thirty years ago, almost 30% of the elderly were in poverty, a poverty rate that was more than twice as high as the rate for the population as a whole. Today, in contrast, only about 12% of the elderly are subject to poverty, a rate that is about the same as the rest of the adult population.

This Article describes how the current system redistributes income. The Article does not attempt to develop a mathematical model to ...


Fulfilling Technology's Promise: Enforcing The Rights Of Women Caught In The Global High-Tech Underclass, Shruti Rana Jan 2000

Fulfilling Technology's Promise: Enforcing The Rights Of Women Caught In The Global High-Tech Underclass, Shruti Rana

Faculty Scholarship

In the early 1980s, Malaysian women working in electronics factories began to experience hallucinations and seizures. Factory bosses manipulated their employees' religious and cultural beliefs, convincing the women that their bodies were inhabited by demons. In this manner, they avoided confronting the more likely causes: the rigid, paternalistic work environment, the intense production pressures placed on the women, and the lengthy shifts and potentially hazardous conditions that the women were forced to endure. This example illustrates the use of gender, religion, and to control and exploit women's labor in the high-tech industry. Unfortunately, this is not an isolated situation ...


Title Vii: An Alternative Remedy For Gender Inequity In Intercollegiate Athletics , Kristi L. Schoepfer Jan 2000

Title Vii: An Alternative Remedy For Gender Inequity In Intercollegiate Athletics , Kristi L. Schoepfer

Marquette Sports Law Review

No abstract provided.


Legislative Focus: Extending Asylum Eligibility To Include Gender-Related Persecution, Natasha Parassram Concepcion Jan 2000

Legislative Focus: Extending Asylum Eligibility To Include Gender-Related Persecution, Natasha Parassram Concepcion

Human Rights Brief

No abstract provided.


Cultural Resistance To Global Governance, Joel Richard Paul Jan 2000

Cultural Resistance To Global Governance, Joel Richard Paul

Michigan Journal of International Law

This article maps out the terrain in which state actors and legal scholars make claims premised on a cultural exception to justify derogating from international legal norms. The author’s aim is to understand why some of these claimed cultural practices displace international legal norms, while other practices are dismissed as violating international legal norms. Part II will examine this discourse in relation to the rights of women and sexual minorities. This article will show that the international community generally regards gender norms as cultural and the international legal norm of gender equality usually defers to national cultural practices. Part ...


The Voices In The Making And Unmaking Of History: Arnold Bennett, Marie Corelli, And Single Women In Late Victorian England, Sharon Crozier Jan 2000

The Voices In The Making And Unmaking Of History: Arnold Bennett, Marie Corelli, And Single Women In Late Victorian England, Sharon Crozier

Faculty of Law, Humanities and the Arts - Papers

Historians are continually constructing and reconstructing, making and remaking history. Present-day preoccupations offer the historian new questions to ask and new directions to take and such an opening up of relatively unexplored areas of study has also led to the search for, and finding of, new sources to analyse. This is especially so in the branches of social history referred to as 'the history of mentalities' and 'cultural history'.


Seeing Through "The Glass Ceiling": A Response To Professor Angel, Dan Subotnik Jan 2000

Seeing Through "The Glass Ceiling": A Response To Professor Angel, Dan Subotnik

Scholarly Works

No abstract provided.


Dowry Deaths: Proposing A Standard For Implementation Of Domestic Legislation In Accordance With Human Rights Obligations, Namratha S. Ravikant Jan 2000

Dowry Deaths: Proposing A Standard For Implementation Of Domestic Legislation In Accordance With Human Rights Obligations, Namratha S. Ravikant

Michigan Journal of Gender and Law

This article discusses the due diligence standard of governmental responsibility, and measures the adequacy of India's implementation of its national dowry death legislation in accordance with its international human rights obligations. India has enacted legislation designed to combat dowry violence. Although India's laws seem to follow the letter of its international human rights obligations, the country violates the spirit of human rights by lacking an actual commitment to implement this legislation. This Article demonstrates and examines India's breach of its duty of due diligence. Such a breach constitutes government complicity in condoning and perpetuating dowry deaths, which ...


A Matter Of Principle And Consistency: Understanding The Battered Woman And Cultural Defenses, Sharan K. Suri Jan 2000

A Matter Of Principle And Consistency: Understanding The Battered Woman And Cultural Defenses, Sharan K. Suri

Michigan Journal of Gender and Law

To adequately explain and argue why feminists, as a matter of legal theory, must take both the BWS and cultural defenses seriously, these defenses need further elaboration. Section I details what these defenses are, how they developed, and how they work in the justice system. Section II enlarges the picture by revealing the similarities between the two defenses which share not only the same theoretical and practical goals, but also the same criticisms and flaws highlighted by scholars. Finally, Section III asserts that cultural evidence and evidence of battering must be admitted to show the absence of mens rea. However ...


Legal Challenges To And By Sex Workers/Prostitutes , Amalia Lucia Cabezas Jan 2000

Legal Challenges To And By Sex Workers/Prostitutes , Amalia Lucia Cabezas

Cleveland State Law Review

Sex worker is a term that emerges from a particular historical and political juncture. It reflects a change in consciousness imbedded in the political struggles of women prostitutes. In this article, I trace the genealogy of the term to the 1960s, when major changes occurred in the role of women in society and in the reconceptualization of what were heretofore known as "deviant" sexualities. I then shift attention to the Caribbean, where I apply the term to the advent of sex tourism and the development of a sex workers' movement linked to a human rights agenda.


Confronting Gender-Based Violence With International Instruments: Is A Solution To The Pandemic Within Reach?, Jennifer L. Ulrich Jan 2000

Confronting Gender-Based Violence With International Instruments: Is A Solution To The Pandemic Within Reach?, Jennifer L. Ulrich

Indiana Journal of Global Legal Studies

No abstract provided.


Women's Human Rights In Iran: What Can The International Human Rights System Do?, Maryam Javaherian Jan 2000

Women's Human Rights In Iran: What Can The International Human Rights System Do?, Maryam Javaherian

Santa Clara Law Review

No abstract provided.


Women's Rights And The Public Morals Exception Of Gatt Article 20, Liane M. Jarvis Jan 2000

Women's Rights And The Public Morals Exception Of Gatt Article 20, Liane M. Jarvis

Michigan Journal of International Law

The public morals exception in Article XX of the General Agreement on Tariffs and Trade (GATT) could and should be interpreted in accordance with evolving human rights law on women's rights. This clause provides an exception to the general rule that members of the World Trade Organization (WTO) cannot take measures against other Members that would restrict trade. Under Article XX, WTO members may restrict trade for a variety of social reasons, including protecting the environment, preventing prison labor, and otherwise promoting "public morals.” This Note will argue in particular that a nation should be allowed to invoke the ...


The Difference In Women’S Hedonic Lives: A Phenomenological Critique Of Feminist Legal Theory, Robin West Jan 2000

The Difference In Women’S Hedonic Lives: A Phenomenological Critique Of Feminist Legal Theory, Robin West

Georgetown Law Faculty Publications and Other Works

Part One of this article provides a phenomenological and hedonic critique of the conception of the human - and thus the female - that underlies liberal legal feminism. Part Two presents a phenomenological critique of the conception of the human - and thus the female - which underlies radical feminist legal criticism. Again, I will argue that in both cases the theory does not pay enough attention to feminism: liberal feminist legal theory owes more to liberalism than to feminism and radical feminist legal theory owes more to radicalism than it does to feminism. Both models accept a depiction of human nature which is ...


Sex & Surveillance: Gender, Privacy & The Sexualization Of Power In Prison, Teresa A. Miller Jan 2000

Sex & Surveillance: Gender, Privacy & The Sexualization Of Power In Prison, Teresa A. Miller

Journal Articles

In prison, surveillance is power and power is sexualized. Sex and surveillance, therefore, are profoundly linked. Whereas numerous penal scholars from Bentham to Foucault have theorized the force inherent in the visual monitoring of prisoners, the sexualization of power and the relationship between sex and surveillance is more academically obscure. This article criticizes the failure of federal courts to consider the strong and complex relationship between sex and surveillance in analyzing the constitutionality of prison searches, specifically, cross-gender searches.

The analysis proceeds in four parts. Part One introduces the issues posed by sex and surveillance. Part Two describes the sexually ...


Adoption Laws And Practices In 2000: Serving Whose Interests?, Ruth-Arlene W. Howe Jan 2000

Adoption Laws And Practices In 2000: Serving Whose Interests?, Ruth-Arlene W. Howe

Boston College Law School Faculty Papers

After enactment of the first modern state adoption statute in 1851, adoption in the United States evolved as both a state judicial process and a specialized child welfare service to promote the best interest of children in need of permanent homes. This essay reviews developments during the last quarter of the century that force us to ask whether U.S. adoption is meeting the needs of children, its original child welfare intent, or serving the interests of adults.