Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 9 of 9
Full-Text Articles in Law
Critiquing Matter Of A-B-: An Uncertain Future In Asylum Proceedings For Women Fleeing Intimate Partner Violence, Theresa A. Vogel
Critiquing Matter Of A-B-: An Uncertain Future In Asylum Proceedings For Women Fleeing Intimate Partner Violence, Theresa A. Vogel
University of Michigan Journal of Law Reform
The #MeToo movement has brought renewed attention to the impact of gender inequality on our society’s ability to provide protection to women from physical and sexual violence, including intimate partner violence. Despite advances in legal protections and increased resources to prevent, prosecute, and bring an end to intimate partner violence, in the absence of true efforts to combat gender inequality as a whole, intimate partner violence will continue to pervade our society. The discussion of gender inequality’s impact on the treatment of intimate partner violence must expand beyond the violence that occurs in the United States to gender inequality’s impact …
Left Behind: The Dying Principle Of Family Reunification Under Immigration Law, Anita Ortiz Maddali
Left Behind: The Dying Principle Of Family Reunification Under Immigration Law, Anita Ortiz Maddali
University of Michigan Journal of Law Reform
A key underpinning of modern U.S. immigration law is family reunification, but in practice it can privilege certain families and certain members within families. Drawing on legislative history, this Article examines the origins and objectives of the principle of family reunification in immigration law and relies on legal scholarship and sociological and anthropological research to reveal how contemporary immigration law and policy has diluted the principle for many families—particularly those who do not fit the dominant nuclear family model, those classified as unskilled, and families from oversubscribed countries—and members within families. It explores the ways in which women and children, …
Toward An Expanded Conception Of Law Reform: Sexual Harassment Law And The Reconstruction Of Facts, Holly B. Fechner
Toward An Expanded Conception Of Law Reform: Sexual Harassment Law And The Reconstruction Of Facts, Holly B. Fechner
University of Michigan Journal of Law Reform
This Note uses feminist reform of sexual harassment law to show how the reconstruction of factual descriptions can lead to change in the law. Part I describes the feminist methodology of consciousness raising and analyzes Catharine MacKinnon's Sexual Harassment of Working Women as an example of a successful consciousness-raising tool. Part II discusses sexual harassment doctrine and presents a case study illustrating how changing the way legal decision makers think about facts can lead to law reform. Part III discusses how social construction theory aids understanding of changes in sexual harassment law.
Pornography Is A Civil Rights Issue For Women, Andrea Dworkin
Pornography Is A Civil Rights Issue For Women, Andrea Dworkin
University of Michigan Journal of Law Reform
My name is Andrea Dworkin. I am a citizen of the United States, and in this country where I live, every year millions and millions of pictures are being made of women with our legs spread. We are called beaver, we are called pussy, our genitals are tied up, they are pasted, makeup is put on them to make them pop out of a page at a male viewer. Millions and millions of pictures are made of us in postures of submission and sexual access so that our vaginas are exposed for penetration, our anuses are exposed for penetration, our …
Methodological Issues In The Content Analysis Of Pornography, Daniel Linz, Edward Donnerstein
Methodological Issues In The Content Analysis Of Pornography, Daniel Linz, Edward Donnerstein
University of Michigan Journal of Law Reform
No scientifically sound analysis of the content of pornography in the United States as a whole currently exists. Dietz and Sears's article takes us a small step closer to quantifying the contents of pornography. Some of the methods employed in the present study, however, prohibit us from making solid generalizations from the findings reported here to the nationwide pornographic marketplace. Our critique of the article will concentrate first on the methods employed in the study and then on the findings obtained through these methods and the authors' interpretation of these findings.
The Right To Speak, The Right To Hear, And The Right Not To Hear: The Technological Resolution To The Cable/Pornography Debate, Michael I. Meyerson
The Right To Speak, The Right To Hear, And The Right Not To Hear: The Technological Resolution To The Cable/Pornography Debate, Michael I. Meyerson
University of Michigan Journal of Law Reform
This Article concludes that the power of government to regulate cable pornography is limited to that which is legally obscene. Part I reviews Supreme Court cases delineating the relationship between the rights of privacy in the home and of freedom of speech. Part II demonstrates that the technology of cable television provides the solution to the pornography dilemma. Cable television preserves both privacy and speech interests because individual subscribers can be given the physical means to block out programming they find personally offensive without affecting the ability of others to receive that programming. Where such accommodation of interests is permissible, …
Pornography And Obscenity Sold In "Adult Bookstores": A Survey Of 5132 Books, Magazines, And Films In Four American Cities, Park Elliott Dietz, Alan E. Sears
Pornography And Obscenity Sold In "Adult Bookstores": A Survey Of 5132 Books, Magazines, And Films In Four American Cities, Park Elliott Dietz, Alan E. Sears
University of Michigan Journal of Law Reform
During the eighteen months that the Attorney General's Commission on Pornography (the Commission) conducted public hearings, public discussion, and staff research, one of the most common types of inquiry directed to the staff consisted of questions as to the content of pornography currently available in the United States. Critics of the Commission's work asserted that the pornography used as exhibits by witnesses at the public hearings was extreme, not commonly available, or unrepresentative of that sold in pornography retail outlets; The only pertinent, quantitative data available to the Commission appeared in a single report in the American Journal of Psychiatry …
The Right Of Married Women To Assert Their Own Surnames, Roslyn Goodman Daum
The Right Of Married Women To Assert Their Own Surnames, Roslyn Goodman Daum
University of Michigan Journal of Law Reform
This article, then, will attempt to frame the issues involved in the name change controversy and to suggest not only ways to implement reforms, but also the consequences attending these measures. Massachusetts has been chosen as the setting for an in-depth analysis of each problem, and examples of legislative, judicial, and administrative action in that state will be interspersed throughout. The results of the efforts in Massachusetts may be politically and legally instructive for people with similar interests in other jurisdictions.
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 …