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- Publication
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- Michigan Journal of Gender & Law (11)
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Articles 1 - 30 of 45
Full-Text Articles in Law
Tort Reform: An Important Issue For Women, Lucinda M. Finley
Tort Reform: An Important Issue For Women, Lucinda M. Finley
Circles: Buffalo Women's Journal of Law and Social Policy
No abstract provided.
A Comment On The Canadian Bar Association's Gender Equality Task Force Report, Dianne Pothier
A Comment On The Canadian Bar Association's Gender Equality Task Force Report, Dianne Pothier
Dalhousie Law Journal
The Canadian Bar Association's Gender Equality Task Force Report sets out to challenge the traditions of a male model of the legal profession. The title of the Report, Touchstones for Change: Equality, Diversity, and Accountability, announces the challenge. Although in a formal sense the legal profession has been open to women since well before the Judicial Committee of the Privy Council acknowledged women's eligibility to be Senators, the sad truth is that, in many respects, the legal profession is still not a welcoming environment to women. While women are entering the profession in greater numbers than ever before, they are …
Psychiatric Evidence Of Sexual Assault Victims: The Need For Fundamental Change In The Determination Of Relevance, Sadie Bond
Dalhousie Law Journal
What follows is a discussion of the use of evidence of the complainant's psychiatric history in sexual assault trials. I will argue that the introduction of this evidence is sought mainly for the purpose of discrediting the complainant's testimony, as part of an "attack the victim" strategy. The admissibility of this evidence as relevant is the product of unfounded myths and sex-biased, if not misogynist, views about women. This evidence is rarely, if ever, relevant and its minimal probative value is, in most cases, far outweighed by its potential for exacerbating or perpetuating sex bias in the sexual assault trial. …
Paradise Lost, Paradox Revisited: The Implications Of Familial Ideology For Feminist, Lesbian, And Gay Engagement To Law, Shelley A. M. Gavigan
Paradise Lost, Paradox Revisited: The Implications Of Familial Ideology For Feminist, Lesbian, And Gay Engagement To Law, Shelley A. M. Gavigan
Osgoode Hall Law Journal
In this article the author addresses the theoretical and political challenges issued to feminists and feminist scholarship by recent debates and litigation concerning "family" and "family-based" benefits. The argument proceeds in four parts: first, the discussion is relocated within socialist feminist theory. The implications of the qualified pro-family stance in the critiques advanced or influenced by women of colour is considered next, followed by an examination of some proposals to extend the definition of "spouse" and "family" to lesbian and gay relationships. The author is critical of both "critiques" and illustrates with reference to Canadian welfare and immigration law that …
Understanding Mixed Motives Claims Under The Civil Rights Act Of 1991: An Analysis Of Intentional Discrimination Claims Based On Sex-Stereotyped Interview Questions, Heather K. Gerken
Understanding Mixed Motives Claims Under The Civil Rights Act Of 1991: An Analysis Of Intentional Discrimination Claims Based On Sex-Stereotyped Interview Questions, Heather K. Gerken
Michigan Law Review
This Note analyzes the Civil Rights Act of 1991 and relevant case law to determine whether posing sex-stereotyped interview questions is actionable conduct under Title VII. It questions whether proof of discrimination during a phase in the hiring process, specifically during the interview stage, supports a Title VII claim without other independent evidence that the hiring decision was discriminatory. Part I explains that the circuit courts have envisioned the impact of discrimination during the hiring process differently and, as a result, are divided in determining whether sex-stereotyped interview questions are actionable under Title VII. Part II examines the legislative history …
A Question Of Choice, Michele A. Estrin
A Question Of Choice, Michele A. Estrin
Michigan Law Review
A Review of A Question of Choice by Sarah Weddington
Rape Discourse In Press Coverage Of Sex Crimes, Peggy Reeves Sanday
Rape Discourse In Press Coverage Of Sex Crimes, Peggy Reeves Sanday
Michigan Law Review
A Review of Virgin or Vamp: How the Press Covers Sex Crimes
The Creation And Perpetuation Of The Mother/Body Myth: Judicial And Legislative Enlistment Of Norplant, Madeline Henley
The Creation And Perpetuation Of The Mother/Body Myth: Judicial And Legislative Enlistment Of Norplant, Madeline Henley
Buffalo Law Review
No abstract provided.
The Violence Against Women Act: Civil Rights For Sexual Assault Victims, W. H. Hallock
The Violence Against Women Act: Civil Rights For Sexual Assault Victims, W. H. Hallock
Indiana Law Journal
No abstract provided.
Revisiting Roe V. Wade: Substance And Process In The Abortion Debate, Margaret G. Farrell
Revisiting Roe V. Wade: Substance And Process In The Abortion Debate, Margaret G. Farrell
Indiana Law Journal
No abstract provided.
Mackinnon On Marx On Marriage And Morals: An Otsogistic Odyssey, Marc Linder
Mackinnon On Marx On Marriage And Morals: An Otsogistic Odyssey, Marc Linder
Buffalo Law Review
No abstract provided.
Control Of Childbearing By Hiv-Positive Women: Some Responses To Emerging Legal Policies, Suzanne Sangree
Control Of Childbearing By Hiv-Positive Women: Some Responses To Emerging Legal Policies, Suzanne Sangree
Buffalo Law Review
No abstract provided.
A Life Preserver For Battered Immigrant Women: The 1990 Amendments To The Immigration Marriage Fraud Amendments, Maxine Yi Hwa Lee
A Life Preserver For Battered Immigrant Women: The 1990 Amendments To The Immigration Marriage Fraud Amendments, Maxine Yi Hwa Lee
Buffalo Law Review
No abstract provided.
Conflict Of Constitutions? No Thanks: A Response To Professors Brilmayer And Kreimer, Gerald L. Neuman
Conflict Of Constitutions? No Thanks: A Response To Professors Brilmayer And Kreimer, Gerald L. Neuman
Michigan Law Review
This colloquy was organized around the unpleasant hypothesis that the Supreme Court would overrule Roe v. Wade and that Congress would not fill the resulting void with federal legislation. The abortion debate would then move to the states, where local majorities could enact their own resolutions. If the local majorities were large enough, they could even write their local resolutions into their state constitutions. The contrasting state constitutions that could result might then replicate the comparativists' current juxtaposition between the U.S. Constitution and the constitutions of Germany and Ireland. In some states, prohibition of abortion would be constitutionally required, while …
"But Whoever Treasures Freedom…": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer
"But Whoever Treasures Freedom…": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer
Michigan Law Review
In a prior article, I addressed the problem of extraterritorial abortions under the assumption that the federal constitutional right of reproductive choice would be repudiated by the Supreme Court on Justice Scalia's theory that such rights lack sufficiently deep roots in the history and traditions surrounding the framing of the Constitution and the Fourteenth Amendment. I argued there that a constitutional methodology that relied on traditions and expectations of the Framers would provide a strong basis for concluding that the Constitution imposes severe limits on states' power to project their moralities extraterritorially. If Justice Scalia is serious about a regard …
Civil Rights—Sex Discrimination In Education—Compensatory Damages Available In A Title Ix Sexual Harassment Claim. Franklin V. Gwinnett County Public Schools., Joanne Liebman Matson
Civil Rights—Sex Discrimination In Education—Compensatory Damages Available In A Title Ix Sexual Harassment Claim. Franklin V. Gwinnett County Public Schools., Joanne Liebman Matson
University of Arkansas at Little Rock Law Review
No abstract provided.
Moral Reasoning And The Quest For Legitimacy, Michael D. Daneker
Moral Reasoning And The Quest For Legitimacy, Michael D. Daneker
American University Law Review
No abstract provided.
Silencing The Different Voice: Competence, Feminist Theory And Law, Susan Stefan
Silencing The Different Voice: Competence, Feminist Theory And Law, Susan Stefan
University of Miami Law Review
No abstract provided.
Who Is A Parent?: The Need To Develop A Lesbian Conscious Family Law, Paula L. Ettelbrick
Who Is A Parent?: The Need To Develop A Lesbian Conscious Family Law, Paula L. Ettelbrick
NYLS Journal of Human Rights
No abstract provided.
Mackinnon And Equality: Is Dominance Really Different?, Laura W. Brill
Mackinnon And Equality: Is Dominance Really Different?, Laura W. Brill
University of Arkansas at Little Rock Law Review
No abstract provided.
The Employer's Fetal Injury Quandary After Johnson Controls, Susan S. Grover
The Employer's Fetal Injury Quandary After Johnson Controls, Susan S. Grover
Kentucky Law Journal
No abstract provided.
Prostitution And Male Supremacy, Andrea Dworkin
Prostitution And Male Supremacy, Andrea Dworkin
Michigan Journal of Gender & Law
The assumptions of academia can barely begin to imagine the reality of life for women in prostitution. Academic life is premised on the notion that there is a tomorrow and a next day and a next day; or that someone can come inside from the cold for time to study; or that there is some kind of discourse of ideas and a year of freedom in which you can have disagreements that will not cost you your life. These are premises that those who are students here or who teach here act on every day. They are antithetical to the …
Prostitution And Civil Rights, Catharine A. Mackinnon
Prostitution And Civil Rights, Catharine A. Mackinnon
Michigan Journal of Gender & Law
The gap between the promise of civil rights and the real lives of prostitutes is an abyss which swallows up prostituted women.' To speak of prostitution and civil rights in one breath moves the two into one world, at once exposing and narrowing the distance between them.
An Analysis Of Individual, Institutional, And Cultural Pimping, Evelina Giobbe
An Analysis Of Individual, Institutional, And Cultural Pimping, Evelina Giobbe
Michigan Journal of Gender & Law
A pimp is a man .. .who takes all or a part of the earnings of women who sell their bodies for gain. He may have inveigled her into becoming a prostitute or acquired her after she started the business. Invariably he encourages her to continue in prostitution, and he may be either her lover or her husband, but always he is her supposed protector.
Male Sexuality: Why Ownership Is Sexy, John Stoltenberg
Male Sexuality: Why Ownership Is Sexy, John Stoltenberg
Michigan Journal of Gender & Law
What I want to address is what I call the eroticism of owning. We have a lot of circumstantial evidence that this eroticism exists. For instance, based on the testimony of women who are or have been sexually owned in marriage, taken in rape, and/or sexually used for a fee in prostitution, it appears that for many men, possession is a principal part of their sexual behavior. Many men can scarcely discern any erotic feelings that are not associated with owning someone else's body.
Prostitution: Where Racism & Sexism Intersect, Vednita Nelson
Prostitution: Where Racism & Sexism Intersect, Vednita Nelson
Michigan Journal of Gender & Law
Black women find themselves in a unique and extremely difficult position in our society. They are forced to deal with the oppression that arises from being Black in a white-supremacist culture and the oppression that arises from being female in a male-supremacist culture. In order to examine the experience of being Black and female, this paper attempts to describe that very difficult, tight space where Black women attempt to survive-that space where racism and sexism intersect.
Strategies Of Connection: Prostitution And Feminist Politics, Margaret A. Baldwin
Strategies Of Connection: Prostitution And Feminist Politics, Margaret A. Baldwin
Michigan Journal of Gender & Law
A feminist political approach to prostitution must begin from these strengths and be tested against the standards set by them. I want to address how taking each of these strengths seriously can create sustained resistance against prostitution.
Prostitution Is Cruelty And Abuse To Women And Children, Susan Kay Hunter
Prostitution Is Cruelty And Abuse To Women And Children, Susan Kay Hunter
Michigan Journal of Gender & Law
Each day I rise to take up the truly good fight to stop the harm to women in prostitution. I long for complete liberation of all oppressed peoples. I passionately believe that the work I do to end prostitution is revolutionary. No one deserves to be used and abused, and that is the universal experience of prostituted women and children. It is also revolutionary work because my freedom as a woman is meaningless so long as some of us can be bought and sold. The giant sex industry grinds on, exploiting and enslaving women, while sexual liberals are well-paid by …
Challenging Solicitation Statues As Unconstitutional: Appellate Brief In Support Of Defendant-Appellant In Ypsilanti V. Patterson, Lore A. Rogers
Challenging Solicitation Statues As Unconstitutional: Appellate Brief In Support Of Defendant-Appellant In Ypsilanti V. Patterson, Lore A. Rogers
Michigan Journal of Gender & Law
Appellate Brief in Support of Defendant-Appellant in Ypsilanti v. Patterson
Pimping And Pornography As Sexual Harassment: Amicus Brief In Support Of Plaintiff-Respondent In Thoreson V. Penthouse Int'l Ltd., Dorchen A. Leidholdt
Pimping And Pornography As Sexual Harassment: Amicus Brief In Support Of Plaintiff-Respondent In Thoreson V. Penthouse Int'l Ltd., Dorchen A. Leidholdt
Michigan Journal of Gender & Law
Several issues were raised on appeal to the New York Court of Appeals. Thoreson AKA DiLorenzo was the Respondent on the issue of sexual harassment and the Appellant on the issue of the amount of damages awarded by the Supreme Court. This portion of the brief addresses only the issue of sexual harassment. Wendy C. Lecker (J.D. 1988, New York University School of Law), authored a section on the issue of compensatory damages.