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1993

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Articles 1 - 30 of 99

Full-Text Articles in Law

Mimicking The Words, But Missing The Message: The Misuse Of Cultural Feminist Themes In Religion And Family Law Jurisprudence, Linda J. Lacey Dec 1993

Mimicking The Words, But Missing The Message: The Misuse Of Cultural Feminist Themes In Religion And Family Law Jurisprudence, Linda J. Lacey

Boston College Law Review

No abstract provided.


Parading Ourselves: Freedom Of Speech At The Feast Of St. Patrick, Larry Yackle Nov 1993

Parading Ourselves: Freedom Of Speech At The Feast Of St. Patrick, Larry Yackle

Faculty Scholarship

Three things are true. First, American society is now absorbed in yet another great civil rights movement, this one on behalf of gay, lesbian, and ambisexual citizens, which will lead ineluctably to the elimination of legal burdens on the basis of sexual orientation.' Change will come slowly, with much backing and filling, and at an awful price measured in human pain. Intolerance for the homosexualities that exist among us, and the homosexual behavior in which many of us engage, will persist in quarters where the law cannot reach.2 Yet private homophobia, deprived of legal sanction, will ultimately be discredited and …


Partner Notification And The Threat Of Domestic Violence Against Women With Hiv Infection, Karen H. Rothenberg, Richard L. North Oct 1993

Partner Notification And The Threat Of Domestic Violence Against Women With Hiv Infection, Karen H. Rothenberg, Richard L. North

Faculty Scholarship

No abstract provided.


Tort Reform: An Important Issue For Women, Lucinda M. Finley Oct 1993

Tort Reform: An Important Issue For Women, Lucinda M. Finley

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.


Psychiatric Evidence Of Sexual Assault Victims: The Need For Fundamental Change In The Determination Of Relevance, Sadie Bond Oct 1993

Psychiatric Evidence Of Sexual Assault Victims: The Need For Fundamental Change In The Determination Of Relevance, Sadie Bond

Dalhousie Law Journal

What follows is a discussion of the use of evidence of the complainant's psychiatric history in sexual assault trials. I will argue that the introduction of this evidence is sought mainly for the purpose of discrediting the complainant's testimony, as part of an "attack the victim" strategy. The admissibility of this evidence as relevant is the product of unfounded myths and sex-biased, if not misogynist, views about women. This evidence is rarely, if ever, relevant and its minimal probative value is, in most cases, far outweighed by its potential for exacerbating or perpetuating sex bias in the sexual assault trial. …


A Comment On The Canadian Bar Association's Gender Equality Task Force Report, Dianne Pothier Oct 1993

A Comment On The Canadian Bar Association's Gender Equality Task Force Report, Dianne Pothier

Dalhousie Law Journal

The Canadian Bar Association's Gender Equality Task Force Report sets out to challenge the traditions of a male model of the legal profession. The title of the Report, Touchstones for Change: Equality, Diversity, and Accountability, announces the challenge. Although in a formal sense the legal profession has been open to women since well before the Judicial Committee of the Privy Council acknowledged women's eligibility to be Senators, the sad truth is that, in many respects, the legal profession is still not a welcoming environment to women. While women are entering the profession in greater numbers than ever before, they are …


The Road Not Taken: State Constitutions As An Alternative Source Of Protection For Reproductive Rights, Kevin F. O'Neill Oct 1993

The Road Not Taken: State Constitutions As An Alternative Source Of Protection For Reproductive Rights, Kevin F. O'Neill

Law Faculty Articles and Essays

Lawyers seeking constitutional protection for reproductive rights have relied almost exclusively on a liberty/privacy theory under the Federal Constitution. In the wake of Planned Parenthood of Southeastern Pennsylvania v. Casey, this theory may be seen as providing a floor of minimum protection-preventing states from banning abortion outright. But it is not strong enough to prevent states from enacting restrictions on the availability of abortion. Thus, the battle over reproductive rights may be seen as shifting from one phase ("Can abortion be banned?") to another ("How far can states go in restricting access to abortion'?"). If proponents of reproductive freedom are …


The Legal Significance Of Gestation, Larry I. Palmer Jul 1993

The Legal Significance Of Gestation, Larry I. Palmer

Faculty Publications

No abstract provided.


Paradise Lost, Paradox Revisited: The Implications Of Familial Ideology For Feminist, Lesbian, And Gay Engagement To Law, Shelley A. M. Gavigan Jul 1993

Paradise Lost, Paradox Revisited: The Implications Of Familial Ideology For Feminist, Lesbian, And Gay Engagement To Law, Shelley A. M. Gavigan

Osgoode Hall Law Journal

In this article the author addresses the theoretical and political challenges issued to feminists and feminist scholarship by recent debates and litigation concerning "family" and "family-based" benefits. The argument proceeds in four parts: first, the discussion is relocated within socialist feminist theory. The implications of the qualified pro-family stance in the critiques advanced or influenced by women of colour is considered next, followed by an examination of some proposals to extend the definition of "spouse" and "family" to lesbian and gay relationships. The author is critical of both "critiques" and illustrates with reference to Canadian welfare and immigration law that …


Understanding Mixed Motives Claims Under The Civil Rights Act Of 1991: An Analysis Of Intentional Discrimination Claims Based On Sex-Stereotyped Interview Questions, Heather K. Gerken Jun 1993

Understanding Mixed Motives Claims Under The Civil Rights Act Of 1991: An Analysis Of Intentional Discrimination Claims Based On Sex-Stereotyped Interview Questions, Heather K. Gerken

Michigan Law Review

This Note analyzes the Civil Rights Act of 1991 and relevant case law to determine whether posing sex-stereotyped interview questions is actionable conduct under Title VII. It questions whether proof of discrimination during a phase in the hiring process, specifically during the interview stage, supports a Title VII claim without other independent evidence that the hiring decision was discriminatory. Part I explains that the circuit courts have envisioned the impact of discrimination during the hiring process differently and, as a result, are divided in determining whether sex-stereotyped interview questions are actionable under Title VII. Part II examines the legislative history …


Family Planning And Islamic Jurisprudence, Azizah Y. Al-Hibri May 1993

Family Planning And Islamic Jurisprudence, Azizah Y. Al-Hibri

Law Faculty Publications

In this speech, the author provides a brief overview of Islamic jurisprudence on the subject matter and does not recommend any particular position with respect to the debate on family planning. The author, however, wishes to emphasize to the reader the importance of correctly analyzing arguments and factors involved in the particular situation under consideration, in light of all relevant communal as well as individual factors. The author also wishes to emphasize the importance of formulating all such analysis free from all forms of compulsion and coercion, whether conscious or subconscious, individual or organized, including that of targeted advertising campaigns. …


A Question Of Choice, Michele A. Estrin May 1993

A Question Of Choice, Michele A. Estrin

Michigan Law Review

A Review of A Question of Choice by Sarah Weddington


Rape Discourse In Press Coverage Of Sex Crimes, Peggy Reeves Sanday May 1993

Rape Discourse In Press Coverage Of Sex Crimes, Peggy Reeves Sanday

Michigan Law Review

A Review of Virgin or Vamp: How the Press Covers Sex Crimes


Mackinnon On Marx On Marriage And Morals: An Otsogistic Odyssey, Marc Linder Apr 1993

Mackinnon On Marx On Marriage And Morals: An Otsogistic Odyssey, Marc Linder

Buffalo Law Review

No abstract provided.


A Life Preserver For Battered Immigrant Women: The 1990 Amendments To The Immigration Marriage Fraud Amendments, Maxine Yi Hwa Lee Apr 1993

A Life Preserver For Battered Immigrant Women: The 1990 Amendments To The Immigration Marriage Fraud Amendments, Maxine Yi Hwa Lee

Buffalo Law Review

No abstract provided.


The Creation And Perpetuation Of The Mother/Body Myth: Judicial And Legislative Enlistment Of Norplant, Madeline Henley Apr 1993

The Creation And Perpetuation Of The Mother/Body Myth: Judicial And Legislative Enlistment Of Norplant, Madeline Henley

Buffalo Law Review

No abstract provided.


Control Of Childbearing By Hiv-Positive Women: Some Responses To Emerging Legal Policies, Suzanne Sangree Apr 1993

Control Of Childbearing By Hiv-Positive Women: Some Responses To Emerging Legal Policies, Suzanne Sangree

Buffalo Law Review

No abstract provided.


The Violence Against Women Act: Civil Rights For Sexual Assault Victims, W. H. Hallock Apr 1993

The Violence Against Women Act: Civil Rights For Sexual Assault Victims, W. H. Hallock

Indiana Law Journal

No abstract provided.


The Employer's Fetal Injury Quandary After Johnson Controls, Susan Grover Apr 1993

The Employer's Fetal Injury Quandary After Johnson Controls, Susan Grover

Faculty Publications

No abstract provided.


Zoe Baird, Betrayal And Fragmentation, Susan Grover Apr 1993

Zoe Baird, Betrayal And Fragmentation, Susan Grover

Faculty Publications

No abstract provided.


Revisiting Roe V. Wade: Substance And Process In The Abortion Debate, Margaret G. Farrell Apr 1993

Revisiting Roe V. Wade: Substance And Process In The Abortion Debate, Margaret G. Farrell

Indiana Law Journal

No abstract provided.


"But Whoever Treasures Freedom…": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer Mar 1993

"But Whoever Treasures Freedom…": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer

Michigan Law Review

In a prior article, I addressed the problem of extraterritorial abortions under the assumption that the federal constitutional right of reproductive choice would be repudiated by the Supreme Court on Justice Scalia's theory that such rights lack sufficiently deep roots in the history and traditions surrounding the framing of the Constitution and the Fourteenth Amendment. I argued there that a constitutional methodology that relied on traditions and expectations of the Framers would provide a strong basis for concluding that the Constitution imposes severe limits on states' power to project their moralities extraterritorially. If Justice Scalia is serious about a regard …


Conflict Of Constitutions? No Thanks: A Response To Professors Brilmayer And Kreimer, Gerald L. Neuman Mar 1993

Conflict Of Constitutions? No Thanks: A Response To Professors Brilmayer And Kreimer, Gerald L. Neuman

Michigan Law Review

This colloquy was organized around the unpleasant hypothesis that the Supreme Court would overrule Roe v. Wade and that Congress would not fill the resulting void with federal legislation. The abortion debate would then move to the states, where local majorities could enact their own resolutions. If the local majorities were large enough, they could even write their local resolutions into their state constitutions. The contrasting state constitutions that could result might then replicate the comparativists' current juxtaposition between the U.S. Constitution and the constitutions of Germany and Ireland. In some states, prohibition of abortion would be constitutionally required, while …


"But Whoever Treasures Freedom...": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer Mar 1993

"But Whoever Treasures Freedom...": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer

Faculty Scholarship at Penn Carey Law

No abstract provided.


Who Is A Parent?: The Need To Develop A Lesbian Conscious Family Law, Paula L. Ettelbrick Jan 1993

Who Is A Parent?: The Need To Develop A Lesbian Conscious Family Law, Paula L. Ettelbrick

NYLS Journal of Human Rights

No abstract provided.


The Case For A Feminist Torts Casebook, Carl W. Tobias Jan 1993

The Case For A Feminist Torts Casebook, Carl W. Tobias

Law Faculty Publications

Professor Leslie Bender's recent essay, An Overview of Feminist Torts Scholarship, contributes substantially to the construction of feminist perspectives on tort law. She carefully and comprehensively surveys burgeoning feminist scholarship in the field of torts. Professor Bender closely examines feminist histories of substantive tort law, the application of feminist theory to tort doctrine, to tort law concepts, and to the teaching of torts, tort issues that are important to women's lives, social science research involving feminism and torts, book reviews that are relevant to feminist tort law, and overviews of material that implicate feminist viewpoints of torts. After Professor Bender …


The Civil Rights Act Of 1991: A “Quota Bill,” A Codification Of Griggs, A Partial Return To Wards Cove, Or All Of The Above?, Kingsley R. Browne Jan 1993

The Civil Rights Act Of 1991: A “Quota Bill,” A Codification Of Griggs, A Partial Return To Wards Cove, Or All Of The Above?, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.


Gender And Economic Inequality In India: The Legal Connection, Gita Gopal Jan 1993

Gender And Economic Inequality In India: The Legal Connection, Gita Gopal

Boston College Third World Law Journal

No abstract provided.


The Racially Disparate Impact Of Restrictions On The Public Funding Of Abortion: An Analysis Of Current Equal Protection Doctrine, David Robert Baron Jan 1993

The Racially Disparate Impact Of Restrictions On The Public Funding Of Abortion: An Analysis Of Current Equal Protection Doctrine, David Robert Baron

Boston College Third World Law Journal

No abstract provided.


Gender-Related Persecution: A Legal Analysis Of Gender Bias In Asylum Law, Sunny Kim Jan 1993

Gender-Related Persecution: A Legal Analysis Of Gender Bias In Asylum Law, Sunny Kim

American University Journal of Gender, Social Policy & the Law

No abstract provided.