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1991

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Articles 1 - 30 of 69

Full-Text Articles in Law

Employer Sexual Harassment Liability Under Agency Principles:A Second Look At Meritor Savingsbank, Fsb V. Vinson, Michael J. Phillips Nov 1991

Employer Sexual Harassment Liability Under Agency Principles:A Second Look At Meritor Savingsbank, Fsb V. Vinson, Michael J. Phillips

Vanderbilt Law Review

With its 1986 decision in Meritor Savings Bank, FSB v. Vinson,the United States Supreme Court put its imprimatur on the Title VII sexual harassment cause of action that had emerged over the preceding decade. Early commentary on the case tended to emphasize this aspect of the Court's decision or to speculate about Meritor's impact on the future course of Title VII sexual harassment litigation. Getting relatively short shrift in this early commentary, however, was the Court's command that "agency principles" --the common law of agency-- be consulted to determine an employer's liability for harassment committed ...


Tribe's Judicious Feminism, Anita L. Allen Nov 1991

Tribe's Judicious Feminism, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


Clara Shortridge Foltz: Constitution-Maker, Barbara Allen Babcock Oct 1991

Clara Shortridge Foltz: Constitution-Maker, Barbara Allen Babcock

Indiana Law Journal

No abstract provided.


Great Expectations: Women In The Legal Profession: A Commentary On State Studies, Ann J. Gellis Oct 1991

Great Expectations: Women In The Legal Profession: A Commentary On State Studies, Ann J. Gellis

Indiana Law Journal

No abstract provided.


Canadian Tort Law: A Review For The Nineties, B T. Hill Oct 1991

Canadian Tort Law: A Review For The Nineties, B T. Hill

Dalhousie Law Journal

My purpose in writing this review follows from a tradition initiated by feminist scholars. My analysis of Canadian Tort Law. Cases, Notes and Materials begins with a survey of the casebook with commentary concerning its historical development as a casebook, focussing on instances where gender issues are raised. I then offer a critique concerning the lack of consideration and misappropriation of gender issues in the recently released 1990 edition of the casebook, using illustrative examples from the casebook and a selection of two feminists' critique of tort law. Some modest suggestions for improvement are made throughout the review, and the ...


Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney Oct 1991

Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney

Michigan Law Review

Part I of this article discusses violence in the ordinary lives of women, describing individual and societal denial that pretends domestic violence is rare when statistics show it is common, and describing the ways in which motherhood shapes women's experience of violence and choices in response to violence. Part II examines definitions of battering and evaluates their effectiveness at disguising or revealing the struggle for control at the heart of the battering process. I then describe in Part III the pressures that self-defense and custody cases place on legal and cultural images of battered women and contrast the development ...


Justice Brennan's Gender Jurisprudence, Rebecca Korzec Oct 1991

Justice Brennan's Gender Jurisprudence, Rebecca Korzec

All Faculty Scholarship

During his thirty-four year tenure on the Supreme Court, Justice William Joseph Brennan, Jr. demonstrated unparalleled sensitivity to the protection of individual rights. Justice Brennan's landmark opinions included Baker v. Carr, Goldberg v. Kelly, and New York Times Co. v. Sullivan. before Brennan, Supreme Court jurisprudence exalted judicial passivity by employing techniques for avoiding constitutional issues, such as abstention, comity, exhaustion of remedies and the political question doctrine.

Against this background, Brennan became an active judicial voice in a series of innovative landmark cases, including decisions requiring federal officials to pay damages for violation of citizens' constitutional rights; authorizing ...


1989-1990 Biennial Report, Commission On The Status Of Women Jul 1991

1989-1990 Biennial Report, Commission On The Status Of Women

California Agencies

No abstract provided.


Balancing The Interests: A Practical Approach To Restrictions On Expressive Conduct In The Anti-Abortion Protest Context, Luke T. Cadigan Jul 1991

Balancing The Interests: A Practical Approach To Restrictions On Expressive Conduct In The Anti-Abortion Protest Context, Luke T. Cadigan

Boston College Law Review

No abstract provided.


Gender Discrimination In The Common Law Of Domicile And The Application Of The Canadian Charter Of Rights And Freedoms, Annalise Acorn Jul 1991

Gender Discrimination In The Common Law Of Domicile And The Application Of The Canadian Charter Of Rights And Freedoms, Annalise Acorn

Osgoode Hall Law Journal

A married woman must take her husband's domicile at common law. This rule exists in five of Canada's provinces. It is argued that the rule violates the right to equality. It is further argued that, notwithstanding the Supreme Court's decision in Dolphin Delivery, the Charter must apply to common law rules governing the relationship between husband and wife. Such rules impose a status on the parties. Therefore, a commitment to respect for the autonomous choice of individuals does not support the conclusion that the rules should be beyond constitutional review.


The Constitutionality Of Punishing Pregnant Substance Abusers Under Drug Trafficking Laws: The Criminalization Of A Bodily Function, Dawn Marie Korver May 1991

The Constitutionality Of Punishing Pregnant Substance Abusers Under Drug Trafficking Laws: The Criminalization Of A Bodily Function, Dawn Marie Korver

Boston College Law Review

No abstract provided.


Abortion Law In Canada: A Matter Of National Concern, Moira Mcconnell, Lorenne Clark May 1991

Abortion Law In Canada: A Matter Of National Concern, Moira Mcconnell, Lorenne Clark

Dalhousie Law Journal

Canada's newest abortion legislation, embodied in Bill C-43, was defeated in the Senate on January 31st, 1991. The Bill sought to remedy the state of "lawlessness" which has existed respecting abortion ever since the decision reached by the Supreme Court of Canada in R. v. Morgentaler in January, 1988. However, this determination is incorrect. The law is quite clear: there is no criminal prohibition against abortion in Canada. This follows directly from the Court's holding in the Morgentaler decision that the old law, s. 287 (formerly s.251) of the Criminal Code, infringed a woman's right to ...


Abortion And The Law: A Problem Without A Solution?, Robert F. Drinan S.J. May 1991

Abortion And The Law: A Problem Without A Solution?, Robert F. Drinan S.J.

Michigan Law Review

A Review of Abortion: The Clash of Absolutes by Laurence H. Tribe


Gender Justice Without Foundations, Marion Smiley May 1991

Gender Justice Without Foundations, Marion Smiley

Michigan Law Review

A Review of Feminism/Postmodernism edited by Linda J. Nicholson and Justice and the Politics of Difference by Iris Marion Young


Women And Law In Classical Greece, Craig Y. Allison May 1991

Women And Law In Classical Greece, Craig Y. Allison

Michigan Law Review

A Review of Women in Law in Classical Greece by Raphael Sealey


The Challenges Of Multiplicity, Jennifer Nedelsky May 1991

The Challenges Of Multiplicity, Jennifer Nedelsky

Michigan Law Review

A Review of Inessential Woman: Problems of Exclusion in Feminist Thought by Elizabeth V. Spelman


Many Realities Many Words: Abortion And The Struggle Over Meaning (Review Of Three Titles), Isabel Marcus May 1991

Many Realities Many Words: Abortion And The Struggle Over Meaning (Review Of Three Titles), Isabel Marcus

Book Reviews

No abstract provided.


The New York Law School Reporter, Vol 8, No. 2, May 1991, New York Law School May 1991

The New York Law School Reporter, Vol 8, No. 2, May 1991, New York Law School

Student Newspapers

No abstract provided.


Correspondence: Letter, April 18, 1991, To Dr. Saffy, Tommy Hazouri Apr 1991

Correspondence: Letter, April 18, 1991, To Dr. Saffy, Tommy Hazouri

Saffy Collection - All Textual Materials

A letter from Mayor Hazouri thanking Dr. Saffy for all the time and energy she put into his re-election campaign. Handwritten note: Edna - You've been great! My thanks for all your help!


Correspondence: Letter, April 18, 1991, To Dr. Saffy (Version 2), Tommy Hazouri Apr 1991

Correspondence: Letter, April 18, 1991, To Dr. Saffy (Version 2), Tommy Hazouri

Saffy Collection - All Textual Materials

A letter from Mayor Hazouri thanking Dr. Saffy for all the time and energy she put into his re-election campaign. Handwritten note: Edna, You've been great!


Reproduction With Technology: The New Eugenics, Margaret Phillips Apr 1991

Reproduction With Technology: The New Eugenics, Margaret Phillips

In the Public Interest

No abstract provided.


Abortion, Social Values And The Limits Of Legal Analysis: Towards A Substantive Rhetoric Of Law, Timothy W. Reinig Apr 1991

Abortion, Social Values And The Limits Of Legal Analysis: Towards A Substantive Rhetoric Of Law, Timothy W. Reinig

In the Public Interest

No abstract provided.


Gender And Other Disadvantages: A Review Of Justice And Gender, Ruthann Robson Apr 1991

Gender And Other Disadvantages: A Review Of Justice And Gender, Ruthann Robson

Florida State University Law Review

By Deborah L. Rhode. Cambridge, Massachusetts: Harvard University Press. 1989. Pp. 428. $39.50.


A Road Map To Achieve Enhanced Cultural Diversity In Legal Education Employment Decisions, Bruce Comly French Apr 1991

A Road Map To Achieve Enhanced Cultural Diversity In Legal Education Employment Decisions, Bruce Comly French

North Carolina Central Law Review

No abstract provided.


Ladies' Night Discounts: Should We Bar Them Or Promote Them?, Heidi C. Paulson Mar 1991

Ladies' Night Discounts: Should We Bar Them Or Promote Them?, Heidi C. Paulson

Boston College Law Review

No abstract provided.


Feminizing Unions: Challenging The Gendered Structure Of Wage Labor, Marion Crain Mar 1991

Feminizing Unions: Challenging The Gendered Structure Of Wage Labor, Marion Crain

Michigan Law Review

In this article, I argue that labor unions can be an effective, central tool in a feminist agenda targeting the gendered structure of wage labor. Collective action is the most powerful and expedient route to female empowerment; further, it is the only feasible means of transforming our deeply gendered market and family structure. Others have laid the groundwork by showing how existing individual-model challenges have been unable to accomplish such broad-based reform. I begin where they leave off.


South African Women Under Apartheid: Employment Rights, With Particular Focus On Domestic Service & Forms Of Resistance To Promote Change, Judith Nolde Jan 1991

South African Women Under Apartheid: Employment Rights, With Particular Focus On Domestic Service & Forms Of Resistance To Promote Change, Judith Nolde

Third World Legal Studies

No abstract provided.


Factors Influencing The Role Of Women In Indonesian Fisheries Development, Melissa A. Upton Jan 1991

Factors Influencing The Role Of Women In Indonesian Fisheries Development, Melissa A. Upton

Theses and Major Papers

Gender consideration is an essential component of fishery development activities. The purpose of this thesis is to help guide planners and decision-makers who are concerned with understanding the role of women in fisheries development in general as well as in the Republic of Indonesia. Thus, it is partially based upon field research conducted in Indonesia among fishing communities which are representative of different types of fisheries. Justification for research concerning the role of women in the fisheries sector and the reasons why women should be included in development policy and planning are presented in Chapter I. The general research setting ...


Despair And Disparity In Florida's Prisons And Jails, Leslei G. Street Jan 1991

Despair And Disparity In Florida's Prisons And Jails, Leslei G. Street

Florida State University Law Review

No abstract provided.


Sounds Of Silence On The Civil Jury, Laura Gaston Dooley Jan 1991

Sounds Of Silence On The Civil Jury, Laura Gaston Dooley

Law Faculty Publications

No abstract provided.