Law Commons^™

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 by its employees.' As subsequent …

Tribe's Judicious Feminism, Anita L. Allen

All Faculty Scholarship

No abstract provided.

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 federal …

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

Indiana Law Journal

No abstract provided.

Clara Shortridge Foltz: Constitution-Maker, Barbara Allen Babcock

Indiana Law Journal

No abstract provided.

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

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 of …

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

California Agencies

No abstract provided.

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.

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

Student Newspapers

No abstract provided.

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 security and liberty of …

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

The Challenges Of Multiplicity, Jennifer Nedelsky

Michigan Law Review

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

Women And Law In Classical Greece, Craig Y. Allison

Michigan Law Review

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

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

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

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!

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.

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

In the Public Interest

No abstract provided.

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

North Carolina Central Law Review

No abstract provided.

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

Third World Legal Studies

No abstract provided.

Dissolving The Sameness/Difference Debate: A Post-Modern Path Beyond Essentialism In Feminist And Critical Race Theory, Joan C. Williams

Faculty Scholarship

No abstract provided.

Law's Patriarchy, Lynne Henderson

Scholarly Works

No abstract provided.

Note, Sex(Ual Orientation) And Title Vii, I. Bennett Capers

Faculty Scholarship

No abstract provided.

The Impact Of Public Abortion Funding Decisions On Lndigent Women: A Proposal To Reform State Statutory And Constitutional Abortion Funding Provisions, Carole A. Corns

University of Michigan Journal of Law Reform

This Note argues that state legislatures should relax funding restrictions on abortions for indigent women and proposes specific mechanisms to ensure the equal protection of indigent women in the abortion context. Part I briefly recounts the history of federal funding for abortions, from the liberal post-Roe funding scheme to the restrictive funding arrangements that have prevailed since the early 1980s. Part II surveys the existing literature and discusses patterns of state funding and the impact of funding restrictions on indigent women seeking abortions. This literature shows that the tightening of state funding policies subsequent to the federal Medicaid restrictions has …

Unwelcome Imports: Racism, Sexism, And Foreign Investment, William H. Lash Iii

Michigan Journal of International Law

This article will address the problems minorities and women face from Japanese foreign direct investment. This article focuses on Japanese direct investment because the rapid rise in Japan's direct investment in the United States, combined with a record of discrimination by Japanese firms in Japan and abroad, makes Japanese investment the best example of the problems addressed in this article. However, the discriminatory attitudes described here may well be held by other foreign investors, and therefore, the legislation proposed later in this article addresses a broader problem.

Note, The Convention For The Elimination Of All Forms Of Discrimination Against Women: Radical, Reasonable, Or Reactionary?, Sarah C. Zearfoss

Michigan Journal of International Law

This Note will explore the merits behind these positions and attempt a resolution. If the potential effect of the Convention can only be to freeze and enshrine sex equality law as it currently exists, one who is interested in achieving changes in the law for the purpose of benefiting women will not want to put her energy into lobbying for ratification. It is therefore important to get past political strategies and determine what promise the Convention might hold for women in the United States. If the United States were to ratify the Convention, what changes, if any, would result?