Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Comparative and Foreign Law
The (Mis)Categorization Of Sex In Anglo-American Cases Of Transsexual Marriage, John Parsi
The (Mis)Categorization Of Sex In Anglo-American Cases Of Transsexual Marriage, John Parsi
Michigan Law Review
The United States' promise to establish equality for all has been challenged by post-operative transsexuals seeking recognition in their acquired sex. The birth certificate is the legal gateway to changing other legal documents; but the process for changing the birth certificate varies widely from state to state. This lack of national uniformity makes post-operative transsexuals' recognition of their acquired sex complicated at best and impossible at worst. This Note details the legal progression from non-recognition to recognition of post-operative transsexuals' acquired sex in the United Kingdom and through the European Court of Human Rights. The Note goes on to explore …
Can Equality Survive Exceptions?, Daphne Barak-Erez
Can Equality Survive Exceptions?, Daphne Barak-Erez
Michigan Law Review First Impressions
The meaning of the exception vis-à-vis the general rule is primarily discussed in the context of emergency powers (following Cart Schmitt and Giorgio Agamben). But the complicated relationship between the norm and its exceptions is also relevant to other legal contexts. This Commentary is dedicated to the following question: What are the implications of considering equality a fundamental legal principle while recognizing exceptions to its application? More concretely, how does the existence of exceptions influence the understanding and viability of equality as the norm?
Competences Of The "Union" And Sex Equality: A Comparative Look At The European Union And The United States, Barbara Havelková
Competences Of The "Union" And Sex Equality: A Comparative Look At The European Union And The United States, Barbara Havelková
Michigan Law Review First Impressions
The delivery of substantive sex equality guarantees in the European Union and the United States is substantially affected by the division of powers ("competences" in European terminology) between the constituent units and the center. This Commentary compares the technical similarities and differences between the structures of competence of the federal systems of the United States and the European Union. This Commentary also briefly sketches their impact on substantive sex equality law.
An Agenda For The Obama Administration On Gender Equality: Lessons From Abroad, Adrien K. Wing, Samuel P. Nielson
An Agenda For The Obama Administration On Gender Equality: Lessons From Abroad, Adrien K. Wing, Samuel P. Nielson
Michigan Law Review First Impressions
President Barack Obama came into office with a wealth of good will after winning the historic 2008 presidential election to become the first African-American commander-in-chief. Among the many daunting issues we hope he will tackle is one that Abigail Adams mentioned to her husband John in 1776: remember the ladies. How should our President and his new administration affect social justice for women?