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Law and Gender

1989

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Articles 1 - 30 of 45

Full-Text Articles in Law

Hazardous Working Conditions And Fetal Protection Policies: Women Are Going Back To The Future, Joni F. Katz Sep 1989

Hazardous Working Conditions And Fetal Protection Policies: Women Are Going Back To The Future, Joni F. Katz

Boston College Environmental Affairs Law Review

No abstract provided.


Section 1983 And Domestic Violence: A Solution To The Problem Of Police Officers' Inaction, Gary M. Bishop Sep 1989

Section 1983 And Domestic Violence: A Solution To The Problem Of Police Officers' Inaction, Gary M. Bishop

Boston College Law Review

No abstract provided.


The Obliging Shell: An Informal Essay On Formal Equal Opportunity, Patricia Williams Aug 1989

The Obliging Shell: An Informal Essay On Formal Equal Opportunity, Patricia Williams

Michigan Law Review

I am struck by the Court's use of the word "equality" in the last line of its holding. It seems an extraordinarily narrow use of "equality," when it excludes from consideration so much clear inequality. It, again, resembles the process by which the Parol Evidence Rule limits the meaning of documents or words by placing beyond the bounds of reference anything that is inconsistent, or, depending on the circumstances, even that which is supplementary. It is this lawyerly language game of exclusion and omission that is the subject of the rest of this essay.


California Women: Get On Board, Women Legislators Caucus Jun 1989

California Women: Get On Board, Women Legislators Caucus

California Agencies

No abstract provided.


Finding A "Manifest Imbalance": The Case For A Unified Statistical Test For Voluntary Affirmative Action Under Title Vii, David D. Meyer Jun 1989

Finding A "Manifest Imbalance": The Case For A Unified Statistical Test For Voluntary Affirmative Action Under Title Vii, David D. Meyer

Michigan Law Review

This Note analyzes the "manifest imbalance" standard developed in Weber and Johnson and the various approaches the lower courts have taken in trying to apply the test. Part I examines the Weber and Johnson opinions in some detail, and argues that the Court intended to permit affirmative action aimed at remedying the evident effects of past discrimination, regardless of whether the employer or society at large is to blame. Section I.A describes the diverging constitutional and statutory standards for evaluating voluntary affirmative action programs, and the policies behind the divergence. Sections I.B and I.C take a closer ...


Mother-Love And Abortion: A Legal Interpretation, Darleen Darnell May 1989

Mother-Love And Abortion: A Legal Interpretation, Darleen Darnell

Michigan Law Review

A Review of Mother-Love and Abortion: A Legal Interpretation by Robert D. Goldstein


Gender Discrimination And The Transformation Of Workplace Norms, Kathryn Abrams May 1989

Gender Discrimination And The Transformation Of Workplace Norms, Kathryn Abrams

Vanderbilt Law Review

Lately when I talk about gender, I am often confronted with the message that women's equality has already been achieved. A colleague may provide this insight, or a complete stranger waiting in a grocery line. But the thought was most succinctly expressed by a student who grew impatient with my activism. "I don't understand," she declared."Women have gotten just about everything they wanted. Don't they see that the time for militancy is over?" Perhaps this response should come as no surprise. The battle for the Equal Rights Amendment has been lost, but in salient ways our ...


The Criminalization Of Maternal Conduct During Pregnancy: A Decisionmaking Model For Lawyers, Elizabeth L. Thompson Apr 1989

The Criminalization Of Maternal Conduct During Pregnancy: A Decisionmaking Model For Lawyers, Elizabeth L. Thompson

Indiana Law Journal

No abstract provided.


Regulation Of Midwives As Home Birth Attendants, Kristin E. Mcintosh Mar 1989

Regulation Of Midwives As Home Birth Attendants, Kristin E. Mcintosh

Boston College Law Review

No abstract provided.


Deconstructing Gender, Joan C. Williams Feb 1989

Deconstructing Gender, Joan C. Williams

Michigan Law Review

I start out, as have many others, from the deep split among American feminists between "sameness" and "difference." The driving force behind the mid-twentieth-century resurgence of American feminism was an insistence on the fundamental similarity of men and women and, hence, their essential equality.

I begin in Part I by challenging the widely influential description of gender advocated by Carol Gilligan. While Part I challenges the description of gender differences offered by Gilligan feminists, it does not deny the existence of gender differences. The chief strength of the feminism of difference is its challenge to what have been called male ...


Respect For Diversity: The Case Of Feminist Legal Thought, Carl W. Tobias Jan 1989

Respect For Diversity: The Case Of Feminist Legal Thought, Carl W. Tobias

Law Faculty Publications

Respect for diversity was one quality many faculty members considered significant when searching in 1987 for a new dean of the University of Michigan School of Law. Yet other so-called elite law schools and less prestigious institutions recently have evinced little concern for diversity and even indifference toward the idea. Tenure and appointment disputes at several Ivy League schools have sparked heated controversy and call into question their institutional commitments to diversity. Those disputes have involved the legitimacy of work by women in legal theory and feminist legal thought, although considerable contentious activity also seems to reflect a general lack ...


Individual Entitlement To The Financial Benefits Of A Professional Degree: An Empirical Study Of The Attitudes And Expectations Of Married Professional Students And Their Spouses, Rebecca Redosh Eisner, Ruth Zimmerman Jan 1989

Individual Entitlement To The Financial Benefits Of A Professional Degree: An Empirical Study Of The Attitudes And Expectations Of Married Professional Students And Their Spouses, Rebecca Redosh Eisner, Ruth Zimmerman

University of Michigan Journal of Law Reform

Part I of this Note describes the case law that delineated the factors examined in the study. Those factors are the financial support provided by the supporting spouse, the extent of personal sacrifice made by the supporting spouse, the length of the marriage and corresponding accumulated assets of the marriage at the time of the divorce, and the relative earning capacities of the two parties after the divorce. Part II discusses the design of the study, and specifically how we manipulated these factors in hypothetical vignettes to measure reactions to the factors. Part III presents the results and our conclusions ...


Entitled, Michelle Ben-Hur Jan 1989

Entitled, Michelle Ben-Hur

Hastings Women’s Law Journal

No abstract provided.


Less State Intervention And Greater State Assistance Equals Greater Maternal Rights And Less Prenatal Abuse, Cecilia Mcgraw Jan 1989

Less State Intervention And Greater State Assistance Equals Greater Maternal Rights And Less Prenatal Abuse, Cecilia Mcgraw

Hastings Women’s Law Journal

No abstract provided.


Foreword, Mary Dunlap Jan 1989

Foreword, Mary Dunlap

Hastings Women’s Law Journal

No abstract provided.


Final Report Of The California Senate Task Force On Family Equity, Joanne Schulman, Sara Mccarthy, Mimi Modisette Jan 1989

Final Report Of The California Senate Task Force On Family Equity, Joanne Schulman, Sara Mccarthy, Mimi Modisette

Hastings Women’s Law Journal

No abstract provided.


A Personal Journey Through Feminist Legal Theory, Diane M. Bessette Jan 1989

A Personal Journey Through Feminist Legal Theory, Diane M. Bessette

Hastings Women’s Law Journal

No abstract provided.


Sapphire Bound!, Regina Austin Jan 1989

Sapphire Bound!, Regina Austin

Faculty Scholarship at Penn Law

No abstract provided.


Ode To A Crim Teacher, Laura Weinstock Jan 1989

Ode To A Crim Teacher, Laura Weinstock

Hastings Women’s Law Journal

No abstract provided.


Beyond The Battered Woman Syndrome: An Argument For The Development Of New Standards And The Incorporation Of A Feminine Approach To Ethics, Deborah Kochan Jan 1989

Beyond The Battered Woman Syndrome: An Argument For The Development Of New Standards And The Incorporation Of A Feminine Approach To Ethics, Deborah Kochan

Hastings Women’s Law Journal

No abstract provided.


Criminal Law - Battered Woman Syndrome: The Killing Of A Passive Victim - A Perfect Defense Or A Perfect Crime? - State V. Norman, Jeffrey M. Cutler Jan 1989

Criminal Law - Battered Woman Syndrome: The Killing Of A Passive Victim - A Perfect Defense Or A Perfect Crime? - State V. Norman, Jeffrey M. Cutler

Campbell Law Review

This Note will examine the strengths and weaknesses of the decision in State v. Norman, and will discuss whether this ruling provides solutions or further problems for the legal system in this area of controversy. In scrutinizing what has been labeled the "battered spouse syndrome," the legal profession must answer a question. Is the use of the syndrome creating a perfect defense or is it opening the door to the perfect crime?


Webster V. Reproductive Health Services: Do Legislative Declarations That Life Begins At Conception Violate The Establishment Clause?, Dr. Robert L. Maddox, Blaine Bortnick Jan 1989

Webster V. Reproductive Health Services: Do Legislative Declarations That Life Begins At Conception Violate The Establishment Clause?, Dr. Robert L. Maddox, Blaine Bortnick

Campbell Law Review

This article contends that the Missouri legislative statement is a theologically derived finding that personhood begins at the moment of conception. Such an inherently theological and controversial determination violates a core purpose of the establishment clause of the first amendment, the absolute prohibition against government preference of one religious sect or denomination over another and the placing of the state's imprimatur on a particular religious dogma. What follows is a synopsis of the religious debate over whether human life begins at conception. Next is a discussion of the statute in light of this debate in the context of establishment ...


Watkins V. United States Army And The Employment Rights Of Lesbians And Gay Men, Arthur S. Leonard Jan 1989

Watkins V. United States Army And The Employment Rights Of Lesbians And Gay Men, Arthur S. Leonard

Articles & Chapters

No abstract provided.


Personal Experiences Of A Deaf Law Student, Alice Mcgill Jan 1989

Personal Experiences Of A Deaf Law Student, Alice Mcgill

Hastings Women’s Law Journal

No abstract provided.


Report Of The Women And The Law Project: Gender Bias And The Law School Curriculum, Ann Shalleck Jan 1989

Report Of The Women And The Law Project: Gender Bias And The Law School Curriculum, Ann Shalleck

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Agency And Partnership: A Study Of Breach Of Promise Plaintiffs, Mary I. Coombs Jan 1989

Agency And Partnership: A Study Of Breach Of Promise Plaintiffs, Mary I. Coombs

Articles

No abstract provided.


Canada's Roe: The Canadian Abortion Decision And Its Implications For American Constitutional Law And Theory, Daniel O. Conkle Jan 1989

Canada's Roe: The Canadian Abortion Decision And Its Implications For American Constitutional Law And Theory, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.


Book Review. Abortion And Divorce In Western Law By Mary Ann Glendon, Lauren K. Robel Jan 1989

Book Review. Abortion And Divorce In Western Law By Mary Ann Glendon, Lauren K. Robel

Articles by Maurer Faculty

In this book, Professor Mary Ann Glendon contends that the American commitment to individualism and rights has deprived our law of compassion in the areas of abortion and divorce. She argues that while western European countries tell their citizens that their decisions about family are important to the larger society, American law takes extreme and damaging positions that isolate people at times when the community has an interest in their acts. Much of the book is a gentle and persuasive reminder that America lacks any semblance of a national family policy, an omission that looks heartless in comparison to Europe ...


Webster And Women's Equality, Dawn E. Johnsen, Marcy J. Wilder Jan 1989

Webster And Women's Equality, Dawn E. Johnsen, Marcy J. Wilder

Articles by Maurer Faculty

No abstract provided.


Will Roe V. Wade Survive The Rehnquist Court?, Dawn E. Johnsen, Marcy Wilder Jan 1989

Will Roe V. Wade Survive The Rehnquist Court?, Dawn E. Johnsen, Marcy Wilder

Articles by Maurer Faculty

No abstract provided.