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Articles 1 - 10 of 10
Full-Text Articles in Law
Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward Stein
Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward Stein
Articles
The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better …
The Law Of White Spaces: Race, Culture, And Legal Education, Peter Goodrich, Linda G. Mills
The Law Of White Spaces: Race, Culture, And Legal Education, Peter Goodrich, Linda G. Mills
Articles
The scene, drawn from memory, is a first-year law school classroom. It is the early 1980s and the class is on civil procedure. The teacher is a white woman. She is nervous, and the class is dominated by students who provide standard right answers to formulaic law school questions. Other points of view, particularly those of a critical or feminist nature, are either passed over quickly or ignored. Questions of color are never mentioned. More than that, the teacher never calls on any African-American students. Students of color are either ignored completely or told, when they have questions, “We are …
The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake
The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake
Articles
Title IX's three-part test for measuring discrimination in the provision of athletic opportunities to male and female students has generated heated controversy in recent years. In this Article, Professor Brake discusses the theoretical underpinnings behind the three-part test and offers a comprehensive justification of this theory as applied to the context of sport. She begins with an analysis of the test's relationship to other areas of sex discrimination law, concluding that, unlike most contexts, Title IX rejects formal equality as its guiding theory, adopting instead an approach that focuses on the institutional structures that subordinate girls and women in sport. …
For Terry Sandalow - Challenger And Creator, Christina B. Whitman
For Terry Sandalow - Challenger And Creator, Christina B. Whitman
Articles
In the popular imagination, legal education is the experience of sitting in a classroom and being pushed to think deeply by a brilliant and demanding teacher. Some law schools are lucky enough to have a faculty member who actually fulfills this expectation - one professor in particular whose courses are the testing ground for the very best and most engaged students. When I was a student at Michigan in the 1970s, and until his retirement last year at the end of the century, that teacher was Terry Sandalow. For many Michigan graduates, taking Federal Courts or Fourteenth Amendment from Professor …
School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake
School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake
Articles
This essay seeks to explain the Davis v. Monroe County Board of Education case as an interpretation of discrimination that notably and correctly focuses on how institutions cause sex-based harm, rather than on whether officials within chose institutions act with a discriminatory intent. In the process, I discuss what appears to be the implicit theory of discrimination underlying the Davis decision: that schools cause the discrimination by exacerbating the harm that results from sexual harassment by students. I then explore the significance of the deliberate indifference requirement in this context, concluding that the standard, for all its flaws, is distinct …
Foreword: Politics, Pragmatism And The Courts, Anthony E. Varona
Foreword: Politics, Pragmatism And The Courts, Anthony E. Varona
Articles
No abstract provided.
Anchoring Justice: The Constitutionality Of The Local Law Enforcement Act In United States V. Morrison'S Shifting Seas, Anthony E. Varona, Kevin Layton
Anchoring Justice: The Constitutionality Of The Local Law Enforcement Act In United States V. Morrison'S Shifting Seas, Anthony E. Varona, Kevin Layton
Articles
No abstract provided.
Crime Control And Feminist Law Reform In Domestic Violence Law: A Critical Review, Donna Coker
Crime Control And Feminist Law Reform In Domestic Violence Law: A Critical Review, Donna Coker
Articles
No abstract provided.
Vision And Reality: Democracy And Citizenship Of Women In The Dayton Peace Accords, Christine M. Chinkin, Kate Paradine
Vision And Reality: Democracy And Citizenship Of Women In The Dayton Peace Accords, Christine M. Chinkin, Kate Paradine
Articles
This Article examines the gendered meanings of the concepts of democracy, citizenship, and human rights in the context of the General Framework Agreement for Peace in Bosnia and Herzegovina (GFA), negotiated in Dayton, Ohio, in 1995. The Article is predicated upon the idea that a feminist theory and politics of citizenship and democracy "must embrace an internationalist agenda" and that in turn, for effectiveness and legitimacy, the internationalist agenda must embrace feminist thinking. This Article further argues that the GFA provided an opportunity for the renegotiation of a contested space where democratic concepts of access and participation and citizenship issues …
Gender Matters: Teaching A Reasonable Woman Standard In Personal Injury Law, Margo Schlanger
Gender Matters: Teaching A Reasonable Woman Standard In Personal Injury Law, Margo Schlanger
Articles
Reasonable care is, of course, a concept central to any torts class. But what is it? One very standard doctrinal move is to conceptualize reasonable care as that care shown by a "reasonable person" under like circumstances. The next step, logically, is to visualize this reasonable person. Visualization requires some important choices. For example, is the reasonable person old or young? Disabled or not? These are two questions that all the casebooks I have consulted discuss. But, oddly, no casebook of which I am aware deals with the trait that nearly invariably figures in our description of people: sex. If …