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Articles 1 - 13 of 13

Full-Text Articles in Civil Rights and Discrimination

Are The Similarities Between A Woman's Right To Choose An Abortion And The Alleged Right To Assisted Suicide Really Compelling?, Marc Spindelman Apr 1996

Are The Similarities Between A Woman's Right To Choose An Abortion And The Alleged Right To Assisted Suicide Really Compelling?, Marc Spindelman

University of Michigan Journal of Law Reform

In this Article, Marc Spindelman examines the relationship between abortion and assisted suicide. He begins his discussion with the constitutional framework within which courts should consider the assertion that the Due Process Clause of the Fourteenth Amendment protects an individual's decision to commit assisted suicide. The Author then considers and, based on relevant Supreme Court doctrine, rejects the conception of personal autonomy that undergirds the claimed constitutional right to assisted suicide. Finally, the Author points out some legal and cultural distinctions between abortion and assisted suicide, arguing that these distinctions offer courts good reasons for holding that the Fourteenth Amendment's …


With Justice For Whom? The Presumption Of Moral Innocence In Rape Trials, Stacey Pastel Dougan Apr 1996

With Justice For Whom? The Presumption Of Moral Innocence In Rape Trials, Stacey Pastel Dougan

Indiana Law Journal

No abstract provided.


Neuf À Zero Ne Suffit Plus: Gould C. Yukon Order Of Pioneers Et La Perspective Feminine, Marie-France Major Apr 1996

Neuf À Zero Ne Suffit Plus: Gould C. Yukon Order Of Pioneers Et La Perspective Feminine, Marie-France Major

Osgoode Hall Law Journal

Do women see the world in a way that is peculiar to them, that is, differently from the perceptions of men? In view of the decision of the Supreme Court of Canada in Gould v. Yukon Order of Pioneers, this question raises a highly pertinent issue. In Gould, where the subject of litigation was the interpretation of the human rights legislation of the Yukon, the Court was divided according to the gender of the judges. Only the female judges, in dissent, addressed the problem in terms of power, vulnerability, and equality, while the male judges adhered to a strict approach …


The "Constitutional" Assault On The Virginia Military Institute, Jon A. Soderberg Mar 1996

The "Constitutional" Assault On The Virginia Military Institute, Jon A. Soderberg

Washington and Lee Law Review

No abstract provided.


Hostile Environent Sexual Harassment Claims And The Unwelcome Influence Of Rape Law, Janine Benedet Jan 1996

Hostile Environent Sexual Harassment Claims And The Unwelcome Influence Of Rape Law, Janine Benedet

Michigan Journal of Gender & Law

This article considers the unwelcomeness requirement of the plaintiff’s prima facie case. In particular, it examines the discussion of unwelcomeness found in the decision of the Supreme Court in Meritor Savings Bank v. Vinson, and the content given to this element by the subsequent decisions of lower courts. Such an inquiry reveals several parallels between the approach of courts to sexual harassment claims and their traditional treatment of the criminal offense of rape. The same biases and erroneous assumptions that have hampered an effective response to the physical violation of women have permeated the application of the purported remedy …


Book Review: From Basic Needs To Basic Rights: Women's Claim To Human Rights. Edited By Margaret A. Schuler. Washington, D.C.: Women, Law And Development International, 1995. 597 Pages., Joel Armstrong Schoenmeyer Jan 1996

Book Review: From Basic Needs To Basic Rights: Women's Claim To Human Rights. Edited By Margaret A. Schuler. Washington, D.C.: Women, Law And Development International, 1995. 597 Pages., Joel Armstrong Schoenmeyer

Michigan Journal of Gender & Law

In the review of this work, Schoenmeyer will adhere to the structure provided by Schuler. In doing so, he will give an overview of the topics addressed in each individual section and then attempt to tie together and further analyze some of the book's main concepts.


Female Genital Mutilation In The United States: An Examination Of Criminal And Asylum Law, Layli Miller Bashir Jan 1996

Female Genital Mutilation In The United States: An Examination Of Criminal And Asylum Law, Layli Miller Bashir

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Playing The "Gender" Card: Affirmative Action And Working Women, Mary K. O'Melveny Jan 1996

Playing The "Gender" Card: Affirmative Action And Working Women, Mary K. O'Melveny

Kentucky Law Journal

No abstract provided.


Silent Beneficiaries: Affirmative Action And Gender In Law School Academic Support Programs, Darlene C. Goring Jan 1996

Silent Beneficiaries: Affirmative Action And Gender In Law School Academic Support Programs, Darlene C. Goring

Kentucky Law Journal

No abstract provided.


Gender-Based Criteria For Asylum, Gabriel Eckstein, Gregg Epstein Jan 1996

Gender-Based Criteria For Asylum, Gabriel Eckstein, Gregg Epstein

Human Rights Brief

No abstract provided.


Gender Asylum Reflects Mistaken Priorities, Dan Stein Jan 1996

Gender Asylum Reflects Mistaken Priorities, Dan Stein

Human Rights Brief

No abstract provided.


Insurance Discrimination Against Battered Women: Proposed Legislative Protections, Ellen J. Morrison Jan 1996

Insurance Discrimination Against Battered Women: Proposed Legislative Protections, Ellen J. Morrison

Indiana Law Journal

No abstract provided.


U.S. Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Julia Ernst Jan 1996

U.S. Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Julia Ernst

Michigan Journal of Gender & Law

The purpose of this article is to highlight the need for ratification of the Convention by the United States, and to address arguments against ratification. Various concerns have been raised with respect to CEAFDAW, both specific to the United States and more international in scope. Some problems pertain to United States ratification generally, other issues concern potential conflicts between specific articles of the Convention and U.S. law, and broader problems have been raised with respect to international implementation. Most of these issues are not uncommon in international agreements, and may therefore be remedied through conventional mechanisms, including implementing legislation, reservations, …