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Articles 151 - 173 of 173
Full-Text Articles in Constitutional Law
Gender Based Peremptory Challenges And The New York State Constitution, Frederick T. Kelsey
Gender Based Peremptory Challenges And The New York State Constitution, Frederick T. Kelsey
Touro Law Review
No abstract provided.
Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West
Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West
Georgetown Law Faculty Publications and Other Works
During the 1980s a handful of state judges either held or opined in dicta what must be incontrovertible to the feminist community, as well as to most progressive legal advocates and academics: the so-called marital rape exemption, whether statutory or common law in origin, constitutes a denial of a married woman's constitutional right to equal protection under the law. Indeed, a more obvious denial of equal protection is difficult to imagine: the marital rape exemption denies married women protection against violent crime solely on the basis of gender and marital status. What possibly could be less rational than a statute …
Why We Lost The Era, Judith L. Hudson
Why We Lost The Era, Judith L. Hudson
Michigan Law Review
A Review of Why We Lost the ERA
Privacy, Surrogacy, And The Baby M Case, Anita L. Allen
Privacy, Surrogacy, And The Baby M Case, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Judging And Equality: For Whom Does The Chartertoll?, A Wayne Mackay
Judging And Equality: For Whom Does The Chartertoll?, A Wayne Mackay
Dalhousie Law Journal
While it may be in questionable taste to begin an article on equality with a poem that uses "man" in the global sense, John Donne's words do evoke a sense of community that feminists would applaud.' The tension between an individualistic and communitarian approach to the world is crucial to how equality will be defined in Canada. Violations of equality diminish the rights and dignity of all Canadians and not just the particular individuals or the specific groups who are the immediate victims of inequality. This recognition is only the beginning of the complex task of defining equality as guaranteed …
Prostitution And Pornography: Beyond Formalequality, Christine Boyle, Sheila Noonan
Prostitution And Pornography: Beyond Formalequality, Christine Boyle, Sheila Noonan
Dalhousie Law Journal
Both issues that are the subject of this paper raise questions relating to the meaning and application of section 15 of the Canadian Charter ofRights and Freedoms.' They provide case studies of the difficulties in putting an abstract concept, such as equality, into practical legal effect.
Women, Pensions And Equality, Susannah Worth Rowley
Women, Pensions And Equality, Susannah Worth Rowley
Dalhousie Law Journal
A society's values are reflected in its treatment of the elderly. The relationship of the aged to the rest of the population and the social and economic hierarchy within the aged as a group provide tangible and graphic evidence of a society's most fundamental values and attitudes. Who is rewarded and for what? What qualities and contributions are valued, and to what extent?
Equality, Ideology And Oppression: Women And Thecanadian Charter Of Rights And Freedoms, N Colleen Sheppard
Equality, Ideology And Oppression: Women And Thecanadian Charter Of Rights And Freedoms, N Colleen Sheppard
Dalhousie Law Journal
The major objective of this article is to contribute to an understanding of the potential impact of the equality provisions of the Canadian Charter of Rights and Freedoms2 on the lives of women. This requires an awareness of the realities of women's inequality in our society, an understanding of the legal conceptualization of equality, and a consideration of the role of "law" in remedying societal injustice. My focus in this article is on the second concern-that is, on legal theories of equality as they relate to women. I begin with a brief outline of the conflicting ideological approaches that infuse …
Judging And Equality: Quis Custodiet Ipsos Custodes?, Edward J. Mcbride
Judging And Equality: Quis Custodiet Ipsos Custodes?, Edward J. Mcbride
Dalhousie Law Journal
"Equality," like law, politics, and life itself, displays myriad aspects. Reflections on equality, therefore, must take many differentforms, as this volume will subsequently demonstrate. Now that Canada has entrenched equality as a constitutional value, facets of the issue seem to proliferate, almost without end. Questions abound: Will the equality guarantees be confined to public action only? What constitutes public action? Will the enumerated categories protected against discrimination be supplemented by incorporation of unenumerated categories? Will a conventional liberal point of view inform the development of equality under the Charter? What part will a crystallizing feminist perspective play in the process? …
Washington's Equal Rights Amendment: It Says What It Means And It Means What It Says, Patricia L. Proebsting
Washington's Equal Rights Amendment: It Says What It Means And It Means What It Says, Patricia L. Proebsting
Seattle University Law Review
This Comment begins with a discussion of the ERA's legislative history and the legislature's attempt to bring state statutes into compliance with the ERA upon its passage. Next, judicial interpretations of the new constitutional guarantee are compared to the interpretation of the Washington Constitution's privileges and immunities clause. Finally, the Comment compares Washington's standard of review with a similar standard used by the Pennsylvania Supreme Court and argues that the Washington Supreme Court should adopt the absolute standard applied by the Pennsylvania courts.
The Minneapolis Anti-Pornography Ordinance: A Valid Assertion Of Civil Rights?, Winifred Ann Sandler
The Minneapolis Anti-Pornography Ordinance: A Valid Assertion Of Civil Rights?, Winifred Ann Sandler
Fordham Urban Law Journal
The author of this student note examines a recent Minneapolis city ordinance that declares pornography to be both subordination of and a form of sex discrimination towards women. First Amendment proponents challenged the ordinance as unconstitutional. The author considers whether the state has a compelling interest in protecting its citizens from civil rights violations, and whether that interest can overcome first amendment rights. The author concludes that pornography is neither a civil rights violation, nor a category of unprotected speech.
The Law Giveth…Legal Aspects Of The Abortion Controversy, Michigan Law Review
The Law Giveth…Legal Aspects Of The Abortion Controversy, Michigan Law Review
Michigan Law Review
A Review of The Law Giveth…Legal Aspects of the Abortion Controversy by Barbara Milbauer
Abortion, Politics, And The Courts: Roe V. Wade And Its Aftermath, Michigan Law Review
Abortion, Politics, And The Courts: Roe V. Wade And Its Aftermath, Michigan Law Review
Michigan Law Review
A Review of Abortion, Politics, and the Courts: Roe v. Wade and Its Aftermath by Eva R. Rubin
Inequality In Marital Liabilities: The Need For Equal Protection When Modifying The Necessaries Doctrine, Debra S. Betteridge
Inequality In Marital Liabilities: The Need For Equal Protection When Modifying The Necessaries Doctrine, Debra S. Betteridge
University of Michigan Journal of Law Reform
This Note contends that the "primary/secondary" modification is unconstitutional because it ignores the husband's equal protection rights while unlawfully stigmatizing women as dependent. Part I discusses how the growing independence of women has led courts to modify the common law doctrine. Part II develops the test that the Supreme Court would apply in judging the constitutionality of any modification of the doctrine. Part III applies this test to the "primary/secondary" modification and concludes that the modification is unconstitutional and, therefore, not a legitimate reformation of the common law necessaries doctrine.
The Abortion-Funding Cases And Population Control: An Imaginary Lawsuit (And Some Reflections On The Uncertain Limits Of Reproductive Privacy), Susan Frelich Appleton
The Abortion-Funding Cases And Population Control: An Imaginary Lawsuit (And Some Reflections On The Uncertain Limits Of Reproductive Privacy), Susan Frelich Appleton
Michigan Law Review
Two issues are before us today: (I) the meaning of the term "medically necessary" in a public hospital's charter and (II) the constitutionality of state action that provides free medical treatment to indigent pregnant women seeking an abortion but denies them such assistance for prenatal care and childbirth. On the basis of recent Supreme Court authority, we find that such action violates neither the hospital's charter nor the United States Constitution.
Roe V. Wade And The Lesson Of The Pre-Roe Case Law, Richard Gregory Morgan
Roe V. Wade And The Lesson Of The Pre-Roe Case Law, Richard Gregory Morgan
Michigan Law Review
The politically unsettled and judicially confused law of abortion in 1971 and 1972, when the Court twice heard arguments and deliberated Roe, should have warned it not to decide the case. By doing so; the Court thrust itself into a political debate and stunted the development of a thoughtful lower-court case law. If the Court did perceive the warnings but continued toward a decision anyway, perhaps trusting that its own considerable wits would devise an answer the lower courts had not, the result suggests that the judicial system's axioms deserve more respect than they received. This Article, by showing …
Equal Rights Amendment South Carolina Coalition Records - Accession 183, Equal Rights Amendment South Carolina Coalition, Coleman Groves Poag
Equal Rights Amendment South Carolina Coalition Records - Accession 183, Equal Rights Amendment South Carolina Coalition, Coleman Groves Poag
Manuscript Collection
The Equal Rights Amendment (ERA) South Carolina Coalition Records consists of correspondence, newsletters, brochures, pamphlets, and telegrams, extending from 1972-1978, sent by both supporters and non-supporters of ERA to Coleman Poag, South Carolina state senator for district 6, in an effort to influence Poag’s vote. The ERA was a proposed amendment to the United States Constitution designed to guarantee equal rights for women.
Equal Rights Amendment South Carolina Coalition Records - Accession 168, Equal Rights Amendment South Carolina Coalition
Equal Rights Amendment South Carolina Coalition Records - Accession 168, Equal Rights Amendment South Carolina Coalition
Manuscript Collection
The Equal Rights Amendment (ERA) records, dating from 1970 to 1978, include correspondence, legislative journals, magazine articles, newspaper clippings, brochures, pamphlets, and other records relating to the work of the South Carolina Coalition in trying to get the ERA ratified by the South Carolina state legislature. There is relevant material concerning the ERA issue in other states. The Coalition was organized in 1972. The Equal Rights Amendment (ERA) was a proposed amendment to the United States Constitution designed to guarantee equal rights for women.
Equal Rights Amendment South Carolina Coalition Records - Accession 81, Equal Rights Amendment South Carolina Coalition
Equal Rights Amendment South Carolina Coalition Records - Accession 81, Equal Rights Amendment South Carolina Coalition
Manuscript Collection
The Equal Rights Amendment South Carolina Coalition Records consist of correspondence, memoranda, flyers, newsletters, reports, newspaper clippings, mailing lists and financial records concerning the drive for the ratification of the Equal Rights Amendment (ERA) in South Carolina. The ERA was a proposed amendment to the United States Constitution designed to guarantee equal rights for women.
Preferential Remedies For Employment Discrimination, Harry T. Edwards, Barry L. Zaretsky
Preferential Remedies For Employment Discrimination, Harry T. Edwards, Barry L. Zaretsky
Michigan Law Review
A basic thesis of this article is that much of the current concern about alleged "reverse discrimination" in employment ignores the reality of the situation. In Part I it will be contended that although color blindness is a laudable long-run objective, it alone will not end discrimination; thus, it will be argued that some form of "color conscious" affirmative action must be employed in order to achieve equal employment opportunity for minorities and women. The most effective form of affirmative action is temporary preferential treatment, and it will be asserted in Part II that such relief can be justified under …
Constitutional Law--Women's Rights--Mandatory Pregnancy Leave Unconstitutional, Jean Karen Beasley
Constitutional Law--Women's Rights--Mandatory Pregnancy Leave Unconstitutional, Jean Karen Beasley
West Virginia Law Review
No abstract provided.
Constitutional Reflections On Abortion Reform, Patrick L. Baude
Constitutional Reflections On Abortion Reform, Patrick L. Baude
University of Michigan Journal of Law Reform
United States abortion law is evolving comparably. Even eight years ago, public opinion was deeply divided when a Phoenix housewife sought to avoid giving birth after taking Thalidomide. The Model Penal Code, promulgated that year, authorized abortion in cases of felonious intercourse, to avoid deformity, and to protect the physical or mental health of the mother; these faintly daring innovations are now in danger of being declared unconstitutional because they are too limited. In the last year, three courts have invalidated moderate abortion statutes and the New York legislature has permitted abortion at will in early pregnancy. The purpose of …
Constitutional Law - Validity Of Minimum Wage Legislation Under The Fourteenth Amendment, Jack L. White
Constitutional Law - Validity Of Minimum Wage Legislation Under The Fourteenth Amendment, Jack L. White
Michigan Law Review
A state statute provided that it should be unlawful to employ women at wages not adequate for their maintenance, and established a commission to fix wages according to such a standard after a public hearing and a conference of representatives of employees and employers, and disinterested persons representing the public. The appellee was employed as a chambermaid in the hotel of appellant at less than the minimum wage prescribed, and brought suit to recover the difference between these amounts. The state court gave judgment for the appellee, and on certiorari the Supreme Court held that the statute was valid and …