Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Gender (20)
- Civil Rights and Discrimination (6)
- Social and Behavioral Sciences (6)
- Arts and Humanities (5)
- Gender and Sexuality (5)
-
- Labor and Employment Law (5)
- Sociology (5)
- Comparative and Foreign Law (4)
- International Law (4)
- Feminist, Gender, and Sexuality Studies (3)
- Law and Politics (3)
- Legislation (3)
- Sexuality and the Law (3)
- Women's Studies (3)
- Family, Life Course, and Society (2)
- Health Law and Policy (2)
- History (2)
- Human Rights Law (2)
- Jurisprudence (2)
- Law and Society (2)
- Medicine and Health Sciences (2)
- Philosophy (2)
- Public Law and Legal Theory (2)
- Social Welfare Law (2)
- Anthropology (1)
- Bilingual, Multilingual, and Multicultural Education (1)
- Bioethics and Medical Ethics (1)
- Business (1)
- Business Law, Public Responsibility, and Ethics (1)
- Institution
-
- University of Michigan Law School (7)
- Fordham Law School (2)
- University of Florida Levin College of Law (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Pennsylvania Carey Law School (2)
-
- William & Mary Law School (2)
- American University Washington College of Law (1)
- Arizona Summit Law School (1)
- Boston University School of Law (1)
- Cleveland State University (1)
- Maurice A. Deane School of Law at Hofstra University (1)
- New York Law School (1)
- Northern Illinois University (1)
- Selected Works (1)
- SelectedWorks (1)
- The University of Maine (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Cincinnati College of Law (1)
- University of Massachusetts Boston (1)
- University of Miami Law School (1)
- University of Missouri School of Law (1)
- University of North Carolina School of Law (1)
- University of Pittsburgh School of Law (1)
- University of Wollongong (1)
- Publication
-
- University of Michigan Journal of Law Reform (3)
- All Faculty Scholarship (2)
- Faculty Publications (2)
- Faculty Scholarship (2)
- Fordham Urban Law Journal (2)
-
- Michigan Journal of Gender & Law (2)
- UF Law Faculty Publications (2)
- William & Mary Journal of Race, Gender, and Social Justice (2)
- American University Journal of Gender, Social Policy & the Law (1)
- Ann Bartow (1)
- Articles (1)
- Articles & Chapters (1)
- Faculty Articles and Other Publications (1)
- Faculty of Law, Humanities and the Arts - Papers (Archive) (1)
- Francine Banner (1)
- Hofstra Law Review (1)
- Justin Schwartz (1)
- Law Faculty Articles and Essays (1)
- Maine Women's Publications - All (1)
- Michigan Journal of International Law (1)
- Michigan Journal of Race and Law (1)
- New England Journal of Public Policy (1)
- Northern Illinois University Law Review (1)
- Scholarly Works (1)
- University of Maryland Law Journal of Race, Religion, Gender and Class (1)
- University of Miami International and Comparative Law Review (1)
- Publication Type
Articles 1 - 30 of 35
Full-Text Articles in Law
Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein
Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein
University of Michigan Journal of Law Reform
This Article compares current disability jurisprudence with the development of sex equality jurisprudence in the area of discrimination. It demonstrates that current disability law resembles the abandoned, sexist framework for determining sex equality and argues that disability equality cases should receive similar analysis as the more progressive, current sex equality standard. As such, the Article attempts to synthesize case law (14th Amendment Equal Protection jurisprudence) and statutory law (Title VII and the ADA) into a comprehensive overview of the state of current disability law viewed within the context of discrimination law in general.
Privitizing Social Security: Administration And Implementation, Karen C. Burke, Grayson M.P. Mccouch
Privitizing Social Security: Administration And Implementation, Karen C. Burke, Grayson M.P. Mccouch
UF Law Faculty Publications
This article considers administrative issues that bear on the structure and implementation of any universal, mandatory system of personal accounts within the Social Security system. The central issues involve tradeoffs between relatively standardized, low-cost options with constrained individual choice and limited risk, on the one hand, and more flexible, higher-cost options with enhanced opportunities for individual control and greater risk, on the other hand. A centralized system modeled on the Thrift Savings Plan for federal employees could balance these goals by offering participants a relatively narrow range of investment and withdrawal options, with correspondingly low administrative costs and limited risks. …
What's Love Got To Do With It?, Susan Bandes
What's Love Got To Do With It?, Susan Bandes
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Role And Reality Of Emotions In Law, Carol Sanger
The Role And Reality Of Emotions In Law, Carol Sanger
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Introduction, Christina Mcginley
Introduction, Christina Mcginley
University of Miami International and Comparative Law Review
No abstract provided.
Gender Politics In Massachusetts: Progress For Paid Family Leave, Elizabeth A. Sherman
Gender Politics In Massachusetts: Progress For Paid Family Leave, Elizabeth A. Sherman
New England Journal of Public Policy
Advances in the educational and occupational status of women in the United States over the past quarter century have greatly expanded the participation of women in the workforce. However, economic and social changes in women’s lives have put pressure on traditional family roles and on the political system to respond to the problems families face balancing work and family responsibilities. Initiatives for paid family leave in Massachusetts reflect the newfound political strength of women in politics — as leaders of political organizations, as elected officials, and as voters — and the willingness of the state’s political elite to grapple with …
A Forum For Women's Voices: Mediation Through A Feminist Jurisprudential Lens, Kate Mccabe
A Forum For Women's Voices: Mediation Through A Feminist Jurisprudential Lens, Kate Mccabe
Northern Illinois University Law Review
This article explores the potential that mediation offers to women as a forum to tell their stories in their own voices. Part I explains the process of mediation. Part II examines the interplay of law, mediation and women, suggesting that the adversarial system has failed to acknowledge women and neglected to hear their voices or listen to their stories. This section also investigates the role of mediation within the legal system and the dangers adherent in that position. Part III introduces feminism and feminist jurisprudence. Part IV looks at mediation as an alternative process and explores the vitality of an …
Title Vii Quid Pro Quo And Hostile Environment Sexual Harassment Claims: Changing The Legal Framework Courts Use To Determine Whether Challenged Conduct Is Unwelcome, Elsie Mata
University of Michigan Journal of Law Reform
In examining the nature of sexual harassment claims, the author challenges the use of the "unwelcomeness" element to distinguish actionable conduct from nonactionable conduct. The author contends that the "unwelcomeness" element demeans women in two ways: (1) it assumes the male perspective and presumes that the plaintiff appreciated the challenged conduct unless she proves otherwise; and (2) it allows the defense to engage in intrusive, irrelevant, and damaging inquiries as it attempts to refute the plaintiff's allegation that the challenged conduct was unwelcome.
The author argues for three reforms. First, courts should shift the burden of proving that the challenged …
The Attachment Gap: Employment Discrimination Law, Women's Cultural Caregiving, And The Limits Of Economic And Liberal Legal Theory, Laura T. Kessler
The Attachment Gap: Employment Discrimination Law, Women's Cultural Caregiving, And The Limits Of Economic And Liberal Legal Theory, Laura T. Kessler
University of Michigan Journal of Law Reform
Title VII has prohibited employment discrimination on the basis of pregnancy since 1978, when Congress passed the Pregnancy Discrimination Act ("PDA"), but it does not require employers to recognize women's caregiving obligations beyond the immediate, physical events of pregnancy and childbirth. The Family and Medical Leave Act of 1993 ("FMLA ") also does little more than provide job security to some relatively privileged women in the case of childbirth. Neither of these statutes, which constitute the bulk of the United States' maternity and parental leave policies, provides for the most common employment leave needs of caregivers, who by all measures …
Still Not Behaving Like Gentlemen, Ann Bartow
Still Not Behaving Like Gentlemen, Ann Bartow
Ann Bartow
The author reflects upon the genesis of a law school project with Lani Guinier that ultimately resulted in the publication of a law review article entitled Becoming Gentlemen: Women's Experiences at One Ivy League Law School, and later a book, Becoming Gentlemen: Women, Law School, and Institutional Change. I discuss an apparent dearth of positive, substantive changes in legal education over the past eleven years, noting that women apparently continue to receive lower grades and fewer honors related to grades in top law schools. I also consider reactions to Becoming Gentlemen, and observe that to the extent it got everyone's …
Remembering Chrystal Macmillan: Women's Equality And Nationality In International Law, Karen Knop, Christine Chinkin
Remembering Chrystal Macmillan: Women's Equality And Nationality In International Law, Karen Knop, Christine Chinkin
Michigan Journal of International Law
This article both continues and returns to the story of Chrystal Macmillan and the International Law Association. Some seventy-five years later, gender discrimination still exists in nationality law. For an American audience, Thailand's offer of nationality to U.S. golfer Tiger Woods, whose mother is Thai, highlighted the inequality of Thailand's laws on nationality. Although Thai women, as well as Thai men, can now pass their nationality to their children, the law continues to discriminate against women in other matters of nationality. Whereas the foreign wives of Thai men are specially entitled to apply for Thai nationality, the foreign husbands of …
The Lobbyist No. 31 (Winter 2001), Maine Women's Lobby Staff
The Lobbyist No. 31 (Winter 2001), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
Reinforcing The Myth Of The Crazed Rapist: A Feminist Critique Of Recent Rape Legislation, Christina E. Wells, Erin Elliott
Reinforcing The Myth Of The Crazed Rapist: A Feminist Critique Of Recent Rape Legislation, Christina E. Wells, Erin Elliott
Faculty Publications
Part I of this article reviews these new legislative provisions, discussing their requirements as well as the general impetus behind their enactment. Part II discusses both the history of rape prosecution and feminist efforts in the 1970s and 1980s to eliminate barriers to successful rape prosecutions. This part also elaborates upon the myth of the crazed rapist and its relationship to feminist reform efforts. Part III explains how the current legislation is rooted in and reinforces that myth by encouraging unsupportable distinctions among rape defendants. Finally, Part IV discusses the feminist response to such laws and argues for a more …
United Nations Convention Documents In Light Of Feminist Theory, R. Christopher Preston, Ronald Z. Ahrens
United Nations Convention Documents In Light Of Feminist Theory, R. Christopher Preston, Ronald Z. Ahrens
Michigan Journal of Gender & Law
This article proposes that language identifying human rights of women in U.N. Conference documents has its origin in several different feminist theories. An understanding of these theories can help to clarify meaning, resolve inconsistencies, and predict the future direction of language in U.N. documents. Part I examines three prominent feminist theories and their relation to international law. Part II examines the history of women's rights in U.N. documents and examines the influence of feminist theory on the document language. Using the Women and the Economy section of the Fourth World Conference on Women, Platform for Action (Platform for Action), Part …
Law As A Tool For A Sexual Revolution: Israel's Prevention Of Sexual Harassment Law- 1998, Tzili Mor
Law As A Tool For A Sexual Revolution: Israel's Prevention Of Sexual Harassment Law- 1998, Tzili Mor
Michigan Journal of Gender & Law
Discussion of the newly enacted law will outline the theoretical underpinnings and their effect on the resultant version (Part III), followed by the legislative history, including the Knesset and the public debate surrounding the bill (Part IV), and the impact of that debate on the final outcome of the law (Part V). Part VI will pay particular attention to the innovative approach of the law as a whole and some of the revolutionary specific provisions within. In particular, the legislative framework will be considered in the context of a nation founded and conducted on traditional religious tenets of Judaism. Finally, …
Rewriting History: The Use Of Feminist Narratives To Deconstruct The Myth Of The Capital Defendant, Francine Banner
Rewriting History: The Use Of Feminist Narratives To Deconstruct The Myth Of The Capital Defendant, Francine Banner
Francine Banner
No abstract provided.
Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz
Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz
Justin Schwartz
Is the family subject to principles of justice? In A Theory of Justice, John Rawls includes the (monogamous) family along with the market and the government as among the "basic institutions of society" to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes to the family, and in particular its impact on fair equal opportunity (the first part of the the Difference …
A Woman's Right To Choose: Designation Of Fetal Tissue Donees, Timothy J. Fazio
A Woman's Right To Choose: Designation Of Fetal Tissue Donees, Timothy J. Fazio
Hofstra Law Review
No abstract provided.
Seeking Redress For Gender-Based Bias Crimes- Charting New Ground In Familiar Legal Territory, Julie Goldscheid, Risa E. Kaufman
Seeking Redress For Gender-Based Bias Crimes- Charting New Ground In Familiar Legal Territory, Julie Goldscheid, Risa E. Kaufman
Michigan Journal of Race and Law
This Essay will analyze how courts have defined gender-motivation, focusing on the Civil Rights Remedy cases decided before the law was struck down, in an attempt to cull from those cases the standards federal courts have used to assess gender-motivation. The article will first provide an overview of existing and proposed laws that offer some form of redress for gender-motivated crimes. It will then analyze cases decided under the Civil Rights Remedy, focusing on two key issues that have arisen as policymakers struggle with whether and how gender-based bias crimes fit in the rubric of hate crimes legislation. The first …
Weaving A Safety Net: Poor Women, Welfare, And Work In The Chicken And Catfish Industries, Sherrilyn A. Ifill
Weaving A Safety Net: Poor Women, Welfare, And Work In The Chicken And Catfish Industries, Sherrilyn A. Ifill
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Engendering Scientific Pursuits: Australian Women And Science, 1880-1960, Jane L. Carey
Engendering Scientific Pursuits: Australian Women And Science, 1880-1960, Jane L. Carey
Faculty of Law, Humanities and the Arts - Papers (Archive)
Science is generally perceived as one of the most strongly gendered spheres within modern society. The perceived 'masculine' construction of scientific practice has been the focus of numerous overseas studies of women's historic absence from science. However, the experiences of Australian women scientists, in many ways, stand in stark contrast to this construction. Existing historical accounts of Australian science reveal little about women's participation in the field. It is perhaps surprising to find that, during the first half of this century, women were in fact studying science in quite high numbers. Indeed, few seem to have felt they were doing …
Nurturing In The Service Of White Culture: Racial Subordination, Gestational Surrogacy, And The Ideology Of Motherhood, April L. Cherry
Nurturing In The Service Of White Culture: Racial Subordination, Gestational Surrogacy, And The Ideology Of Motherhood, April L. Cherry
Law Faculty Articles and Essays
I approach the question of race, motherhood, and gestational surrogacy, by looking at courts' opinions in the case of Johnson v. Calvert and the racialized institution of motherhood. In the next section, I discuss motherhood as a social institution. I contrast some of the radical feminist critiques of motherhood, which recognize motherhood as institutionalized and compulsory, with Black feminist criticism, which understands motherhood as a site of power for African-American women. In Section III, I discuss the current popular understanding of the cultural and legal dictates of institutionalized motherhood from a historical perspective, focusing on the late eighteenth and early …
From Gender Apartheid To Non-Sexism: The Pursuit Of Women's Rights In South Africa, Penelope Andrews
From Gender Apartheid To Non-Sexism: The Pursuit Of Women's Rights In South Africa, Penelope Andrews
Articles & Chapters
This article discusses the quest for women's rights in South Africa and how the transition from apartheid to democracy led to a commitment to gender equality as incorporated in South Africa's transitional and final Constitutions. This paper refers to the organizational attempts by women prior to and during the constitutional drafting process to ensure that the new Constitution embodied the aspirations and reflected the struggles for women's rights by women activists in South Africa. This article is divided into six sections. Section Two describes the legacy of apartheid for all women in South Africa. This section shows how the laws …
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. …
Crossing Borderlands Of Inequality With International Legal Methodologies - The Promise Of Multiple Feminisms, Berta E. Hernández-Truyol
Crossing Borderlands Of Inequality With International Legal Methodologies - The Promise Of Multiple Feminisms, Berta E. Hernández-Truyol
UF Law Faculty Publications
This work provides insights into the gendered developments of international law. It explores the roles played by the gendered rule of law and by the conflation of economic, social, political, religious, cultural, and historic realities in the marginalization of women in the international, regional, and domestic spheres worldwide. The first section presents the myriad locations of women's persistent inequality. The next sets forth feminist theory that has been the basis of both the celebration of women's progress and the denunciation of women's subordination. The last part makes suggestions for the articulation of a methodology that follows the complex paths of …
Testing Poor Pregnant Women For Cocaine: Physicians As Police Investigators, George J. Annas
Testing Poor Pregnant Women For Cocaine: Physicians As Police Investigators, George J. Annas
Faculty Scholarship
In 1989, Supreme Court Justice Thurgood Marshall surmised that “declaring a war on illegal drugs is good public policy . . . [but] the first, and worst, casualty of war will be the precious liberties of our citizens.” The same year, in the midst of President George Bush's “war on drugs,” the Medical University of South Carolina initiated a program to screen selected pregnant patients for cocaine and to provide positive test results to the police. At a time of high public concern about “cocaine babies,” this program seemed reasonable to the university and local public officials. Drug-screening programs in …
The Girl Who Cried Pain: A Bias Against Women In The Treatment Of Pain, Diane E. Hoffmann, Anita J. Tarzian
The Girl Who Cried Pain: A Bias Against Women In The Treatment Of Pain, Diane E. Hoffmann, Anita J. Tarzian
Faculty Scholarship
In general, women report more severe levels of pain, more frequent incidences of pain, and pain of longer duration than men, but are nonetheless treated for pain less aggressively. The authors investigate this paradox from two perspectives: Do men and women in fact experience pain differently - whether biologically, cognitively, and/or emotionally? And regardless of the answer, what accounts for the differences in the pain treatment they receive, and what can we do to correct this situation?
Breastfeeding In The American Workplace, Shana M. Christrup
Breastfeeding In The American Workplace, Shana M. Christrup
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Wanted Gaze: Accountability For Interpersonal Conduct At Work, Anita L. Allen
The Wanted Gaze: Accountability For Interpersonal Conduct At Work, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Years Later: Reflections On The State Of Feminism Today·, Regina Austin, Elizabeth M. Schneider
Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Years Later: Reflections On The State Of Feminism Today·, Regina Austin, Elizabeth M. Schneider
All Faculty Scholarship
No abstract provided.