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- American University Washington College of Law (4)
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- Faculty Scholarship (5)
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Articles 1 - 30 of 31
Full-Text Articles in Civil Rights and Discrimination
Ua21 Wku Affirmative Action Plan, Wku Office Of Equal Opportunity / 504 / Ada Compliance
Ua21 Wku Affirmative Action Plan, Wku Office Of Equal Opportunity / 504 / Ada Compliance
WKU Archives Records
This report consists of the following parts:
- Introduction
- Statement of Purpose
- Affirmative Action Plan for Minorities & Women
- Affirmative Action Plan for Covered Veterans & Persons with Disabilities
Sex-Blind, Separate But Equal, Or Anti-Subordination? The Uneasy Legacy Of Plessy V. Ferguson For Sex And Gender Discrimination, Lucinda M. Finley
Sex-Blind, Separate But Equal, Or Anti-Subordination? The Uneasy Legacy Of Plessy V. Ferguson For Sex And Gender Discrimination, Lucinda M. Finley
Journal Articles
No abstract provided.
Are The Similarities Between A Woman's Right To Choose An Abortion And The Alleged Right To Assisted Suicide Really Compelling?, Marc Spindelman
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
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
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
The "Constitutional" Assault On The Virginia Military Institute, Jon A. Soderberg
Washington and Lee Law Review
No abstract provided.
The Civil Rights Remedy Of The Violence Against Women Act: Legislative History, Policy Implications & Litigation Strategy, Elizabeth M. Schneider
The Civil Rights Remedy Of The Violence Against Women Act: Legislative History, Policy Implications & Litigation Strategy, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Hostile Environent Sexual Harassment Claims And The Unwelcome Influence Of Rape Law, Janine Benedet
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 …
U.S. Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Julia Ernst
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, …
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
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.
Feminism For Men: Legal Ideology And The Construction Of Maleness, Nancy Levit
Feminism For Men: Legal Ideology And The Construction Of Maleness, Nancy Levit
Nancy Levit
It may seem a little odd to suggest that feminist theory has overlooked men. Yet, in several important respects, apart from the role of culprit, men have been largely omitted from feminism. Feminist legal theorists have paid mild attention to the "Can men be feminists?" question but this issue is usually relegated to footnotes. The negative effect gender role stereotypes have on men is typically subsidiary to the main focus of feminist legal literature, which has concentrated on documenting the patterns of subordination of women and on questions of feminist ideology.
The primary purpose of this article is to suggest …
Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson
Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Transboundary environmental problems do not distinguish between political boundaries. Global warming is expected to cause thermal expansion of water and melt glaciers. Both are predicted to lead to a rise in sea level. We must enlarge our paradigms to encompass a global reality and reliance upon global participation.
Female Genital Mutilation In The United States: An Examination Of Criminal And Asylum Law, Layli Miller Bashir
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.
Confronting Expectations: Women In The Legal Academy, Christine Haight Farley
Confronting Expectations: Women In The Legal Academy, Christine Haight Farley
Articles in Law Reviews & Other Academic Journals
A seemingly insurmountable barrier to women's success in legal academia is the way they are perceived. Numerous studies have shown that women are perceived as less competent than men and that the same work is evaluated more critically when it is thought to have been done by a woman than by a man. This problem exists in all aspects of life, but it is especially acute for women in professional roles, such as academics. Legal academia, however, seems to be particularly resistant to viewing women as equally competent. The article presents original empirical research that shows that student evaluations of …
Insurance Discrimination Against Battered Women: Proposed Legislative Protections, Ellen J. Morrison
Insurance Discrimination Against Battered Women: Proposed Legislative Protections, Ellen J. Morrison
Indiana Law Journal
No abstract provided.
Institutional Myths, Historical Narratives And Social Science Evidence: Reading The "Record" In The Virginia Military Institute Case, Dianne Avery
Journal Articles
No abstract provided.
Because I Am Black, Because I Am Woman: Remedying The Sexual Harassment Experience Of Black Women, Andrea L. Dennis
Because I Am Black, Because I Am Woman: Remedying The Sexual Harassment Experience Of Black Women, Andrea L. Dennis
Scholarly Works
This Note examines the intersection of race and gender in the context of sexual harassment jurisprudence. Since the arrival in this country of the first female African slaves, Black women have experienced sexual harassment on the job. This Note discusses the failure of sexual harassment theory to acknowledge the unique sexual harassment experience of Black women. From the very earliest discussions of sexual harassment, the impact of the race of the victim on the experience and resulting legal claim was ignored. Feminist legal theorists, leaders in issues affecting women, have been slow to acknowledge and integrate the role of race …
Anita Hill Meets Godzilla: Confessions Of A Horror Movie Fan, Wendy B. Scott
Anita Hill Meets Godzilla: Confessions Of A Horror Movie Fan, Wendy B. Scott
Journal Articles
The cases and events discussed in this Essay involve African- American women who have confronted oppression in the civil and criminal courts, and other arenas, in both celebrated and unsung victories: victories not only for Black women, but for women and men of all hues who seek social justice. I will use these cases and events to illustrate the relationship between stereotypes and myths, born during the antebellum and Jim Crow era, and contemporary manifestations of sexual harassment and other forms of sex-based exploitation. I will go on to discuss the means used by women, in the workplace of chattel …
Restructuring Work And Family Entitlements Around Family Values, Joan C. Williams
Restructuring Work And Family Entitlements Around Family Values, Joan C. Williams
Faculty Scholarship
No abstract provided.
At The Fusion Of Horizons: Incommensurability And The Public Interest, Joan C. Williams
At The Fusion Of Horizons: Incommensurability And The Public Interest, Joan C. Williams
Faculty Scholarship
No abstract provided.
Recovering The Full Complexity Of Our Traditions: New Developments In Property Theory, Joan C. Williams
Recovering The Full Complexity Of Our Traditions: New Developments In Property Theory, Joan C. Williams
Faculty Scholarship
No abstract provided.
Sex As A Suspect Class: An Argument For Applying Strict Scrutiny To Gender Discrimination, Deborah Brake
Sex As A Suspect Class: An Argument For Applying Strict Scrutiny To Gender Discrimination, Deborah Brake
Articles
In United States v. Commonwealth of Virginia' ("VMI"), the Supreme Court has a landmark opportunity to revisit the legal standard courts should use to review classifications which treat men and women differently. The VMI case involves an equal protection challenge to the state's exclusion of women from VMI and its establishment of an alternative, sex-stereotyped women's leadership program as a remedy to that exclusion. The United States, which brought the case against VMI, has asked the Supreme Court to rule that sex-based classifications, like classifications based on race, must be subjected to the highest level of constitutional scrutiny, or "strict …
Introduction, The Sesquicentennial Of The 1848 Seneca Falls Women's Rights Convention: American Women's Unfinished Quest For Legal, Economic, Political, And Social Equality, Carolyn S. Bratt
Law Faculty Scholarly Articles
On July 19, 1998, America celebrated the 150th anniversary of the Seneca Falls Convention. Almost three hundred women and men including Lucretia Mott, Elizabeth Cady Stanton, and Frederick Douglass met on that July date in 1848 at Seneca Falls, New York, for a two-day discussion of the "social, civil and religious rights of woman." At the conclusion of the meeting, sixty-eight women and thirty-two men signed their names to a Declaration of Sentiments and this country's organized women's rights movement began. The Declaration of Sentiments was the earliest, systematic, public articulation in the United States of the ideas that fuel …
Gender-Based Criteria For Asylum, Gabriel Eckstein, Gregg Epstein
Gender-Based Criteria For Asylum, Gabriel Eckstein, Gregg Epstein
Human Rights Brief
No abstract provided.
Gender Asylum Reflects Mistaken Priorities, Dan Stein
Gender Asylum Reflects Mistaken Priorities, Dan Stein
Human Rights Brief
No abstract provided.
Introduction: The Promise Of The Violence Against Women Act Of 1994, Elizabeth M. Schneider
Introduction: The Promise Of The Violence Against Women Act Of 1994, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Playing The "Gender" Card: Affirmative Action And Working Women, Mary K. O'Melveny
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
Silent Beneficiaries: Affirmative Action And Gender In Law School Academic Support Programs, Darlene C. Goring
Kentucky Law Journal
No abstract provided.
Whose Justice? Which Victims?, Lynne Henderson
Race And The New Reproduction, Dorothy E. Roberts
Race And The New Reproduction, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.