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1994

Women

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Articles 1 - 30 of 47

Full-Text Articles in Law

Maine Women's Lobby News Letter (1994 - November) No. 9, Maine Women's Lobby Staff Nov 1994

Maine Women's Lobby News Letter (1994 - November) No. 9, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


Four Remarkable Ohio Women Lawyers--The Cronise Sisters Of Tiffin, Florence Allen, And Cleveland Law School's "Hard-Boiled Mary'", Arthur R. Landever Oct 1994

Four Remarkable Ohio Women Lawyers--The Cronise Sisters Of Tiffin, Florence Allen, And Cleveland Law School's "Hard-Boiled Mary'", Arthur R. Landever

Law Faculty Articles and Essays

Four Ohio Women blazed the trail. Among the early women lawyers in our state, they overcame resistance from the male bar or the culture of the day to distinguish themselves in the profession. Nettie Cronise was the first woman admitted to the Ohio bar. Her sister Florence followed, several months later. Florence Allen, admitted in 1914, became the nation's preeminent woman judge of her time. Mary Grossman, from Jewish immigrant roots, had a memorable career on the Cleveland Municipal Court. Why did these women choose law despite society's obstacles? What do they have to tell us?


Mail-Order Brides: Gilded Prostitution And The Legal Response, Eddy Meng Oct 1994

Mail-Order Brides: Gilded Prostitution And The Legal Response, Eddy Meng

University of Michigan Journal of Law Reform

This Note explores the international mail-order bride industry where women from Asia and other developing countries are trafficked to men in Western industrialized countries. The author discusses the commonalities between the mail-order bride traffic and other forms of sexual exploitation, as well as the cultural and historical forces and the gender, ethnic, and class subordination which together fuel the demand for Asian Pacific mail-order brides. In the United States, the potential for exploitation is made greater in that immigrant brides face a threat of deportation during the first two years of residence via immigration laws. Given the inequalities between consumer-husbands ...


Legal Protection For Victims Of Domestic Violence: A Guide For The Treating Physician, Jane C. Murphy Oct 1994

Legal Protection For Victims Of Domestic Violence: A Guide For The Treating Physician, Jane C. Murphy

All Faculty Scholarship

No abstract provided.


Maine Women's Lobby News Letter (1994 - September) No. 8, Maine Women's Lobby Staff Sep 1994

Maine Women's Lobby News Letter (1994 - September) No. 8, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


Structuralist And Cultural Domination Theories Meet Title Vii: Some Contemporary Influences, Martha Chamallas Aug 1994

Structuralist And Cultural Domination Theories Meet Title Vii: Some Contemporary Influences, Martha Chamallas

Michigan Law Review

This essay first looks at three important theoretical approaches - motivational, structural, and cultural - that mark the scholarly discourses on workplace equality since 1965. The motivational or individual choice theory is well established and has dominated legal discourse throughout this period. I concentrate in this essay on the other two visions, dating structuralist accounts from the mid1970s and cultural domination theories from the mid-1980s.


The Anticaste Principle, Cass R. Sunstein Aug 1994

The Anticaste Principle, Cass R. Sunstein

Michigan Law Review

In this essay, I seek to defend a particular understanding of equality, one that is an understanding of liberty as well. I call this conception "the anticaste principle." Put too briefly, the anticaste principle forbids social and legal practices from translating highly visible and morally irrelevant differences into systemic social disadvantage, unless there is a very good reason for society to do so. On this view, a special problem of inequality arises when members of a group suffer from a range of disadvantages because of a group-based characteristic that is both visible for all to see and irrelevant from a ...


Employment Discrimination Law In Perspective: Three Concepts Of Equality, John J. Donohue Iii Aug 1994

Employment Discrimination Law In Perspective: Three Concepts Of Equality, John J. Donohue Iii

Michigan Law Review

The essay begins with a discussion of which groups deserve the protection of employment discrimination law. With the protected categories of Title VII of the 1964 Civil Rights Act etched into the American consciousness, many might consider the appropriate categories to be fully self-evident. But of course, they are not, and many jurisdictions continue to struggle over whether certain dispreferred groups merit the law's solicitude.


The Michael Jackson Pill: Equality, Race, And Culture, Jerome Mccristal Culp Jr. Aug 1994

The Michael Jackson Pill: Equality, Race, And Culture, Jerome Mccristal Culp Jr.

Michigan Law Review

This chronicle is in tribute to the work of Derrick Bell, past, present, and future. I have borrowed his character Geneva Crenshaw as part of that tribute, and I hope she helps me raise some of the issues that he has taught us are important.

All characters in this chronicle are fictional, including Professor Culp and Professor Bell. Any relationship they may have to the real Professor Bell and Professor Culp is dictated by the requirements of creativity and the extent to which reality and fiction necessarily merge. I know that the real Derrick Bell is wiser than the one ...


Title Vii And The Complex Female Subject, Kathryn Abrams Aug 1994

Title Vii And The Complex Female Subject, Kathryn Abrams

Michigan Law Review

One strength of Title VII has been its capacity to accommodate the changing conceptions of discrimination and the self-conceptions of subject groups. In the first decades of its enforcement, advocates have raised - and courts have endorsed - a range of contrasting conceptions in order to broaden the employment opportunities of protected groups. This flexibility is particularly evident with respect to women.

After exploring recent doctrinal efforts to respond to complex claimants, I address these questions and assess the prospects of change. Although the unitary or categorical notions of group identity under which Title VII has historically been enforced might run counter ...


Only Girls Wear Barrettes: Dress And Appearance Standards, Community Norms, And Workplace Equality, Katharine T. Bartlett Aug 1994

Only Girls Wear Barrettes: Dress And Appearance Standards, Community Norms, And Workplace Equality, Katharine T. Bartlett

Michigan Law Review

In this essay I study both the judicial rationales and the scholarly criticisms thereof, agreeing with critics that community norms are too discriminatory to provide a satisfactory benchmark for defining workplace equality, but also questioning the usual implications of this critique. Critics assume that it is possible, and desirable, to evaluate dress and appearance rules without regard to the norms and expectations of the community - that is, according to stable or universal versions of equality that are uninfected by community norms. I question this assumption, arguing that equality, no less than other legal concepts, cannot transcend the norms of the ...


Caste And The Civil Rights Laws: From Jim Crow To Same-Sex Marriages, Richard A. Epstein Aug 1994

Caste And The Civil Rights Laws: From Jim Crow To Same-Sex Marriages, Richard A. Epstein

Michigan Law Review

In this essay I address the notion of caste in two separate contexts: in the traditional disputes over race and sex, and in the more modem disputes over sexual orientation. In both cases the idea of caste and its kindred notions of subordination and hierarchy are used to justify massive forms of government intervention. In all cases I think that these arguments are incorrect. In their place, I argue that the idea of caste should be confined to categories of formal, or legal, distinctions between persons before the law. This more limited notion of caste supplies no justification for the ...


A Reappraisal Of Diversification In The Federal Courts: Gender Effects In The Courts Of Appeals, Donald R. Songer, Sue Davis, Susan Haire May 1994

A Reappraisal Of Diversification In The Federal Courts: Gender Effects In The Courts Of Appeals, Donald R. Songer, Sue Davis, Susan Haire

Faculty Publications

Prior scholarship on the effect of the increasing number of female judges leads to three contrasting sets of expectations. Early writings and views of affirmative-action activists suggested that female judges would be more liberal than male judges. On the other hand, a series of empirical studies suggest that we should expect no gender differences. In contrast to both of these perspectives, several feminist scholars suggest that women will be more liberal only when that position expresses support for full participation in the community. These contrasting expectations were tested by analyzing the votes of appeals court decisions in three issue areas ...


Divorce, Custody, Gender, And The Limits Of Law: On Dividing The Child, Lee E. Teitelbaum May 1994

Divorce, Custody, Gender, And The Limits Of Law: On Dividing The Child, Lee E. Teitelbaum

Michigan Law Review

A Review of Dividing the Child: Social and Legal Dilemmas of Custody by Elanor E. Maccoby and Robert H. Mnookin


Life's Sacred Value—Common Ground Or Battleground, Alexander Morgan Capron May 1994

Life's Sacred Value—Common Ground Or Battleground, Alexander Morgan Capron

Michigan Law Review

A Review of Life's Dominion: An Argument About Abortion, Euthanasia, and Individual Freedom by Ronald Dworkin


Only Words, David C. Dinielli May 1994

Only Words, David C. Dinielli

Michigan Law Review

A Review of Only Words by Catharine A. MacKinnon


The Lenses Of Gender: Transforming The Debate On Sexual Inequality, Jill M. Dahlmann May 1994

The Lenses Of Gender: Transforming The Debate On Sexual Inequality, Jill M. Dahlmann

Michigan Law Review

A Review of The Lenses of Gender: Transforming the Debate on Sexual Inequality by Sandra Lipsitz Bem


Religion And The Search For A Principled Middle Ground On Abortion, Michael W. Mcconnell May 1994

Religion And The Search For A Principled Middle Ground On Abortion, Michael W. Mcconnell

Michigan Law Review

A Review of The Politics of Virtue: Is Abortion Debatable? by Elizabeth Mensch and Alan Freeman


Maine Women's Lobby News Letter (1994 - April) No. 7, Maine Women's Lobby Staff Apr 1994

Maine Women's Lobby News Letter (1994 - April) No. 7, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


"Running Hard To Stand Still": The Paradox Of Family Law Reform, Mary Jane Mossman Apr 1994

"Running Hard To Stand Still": The Paradox Of Family Law Reform, Mary Jane Mossman

Dalhousie Law Journal

This essay explores the paradox of family law reform in common law Canada, focusing particularly on reforms relating to family property and inter-spousal support in the decades after the first federal Divorce Act of 1968. The paradox of this law reform activity is well-expressed in Carol Smart's colourful phrase about the (lack of) impact of law reform for women in the United Kingdom. In her view, while it is inaccurate to say that nothing has been done to improve the position of women, it is equally impossible to demonstrate that there has been any linear development of progressive legislation ...


Siberian Tigers And Exotic Birds: Ronald Dworkin's Map Of The Sacred, Hester Lessard Apr 1994

Siberian Tigers And Exotic Birds: Ronald Dworkin's Map Of The Sacred, Hester Lessard

Dalhousie Law Journal

At its most abstract, Life's Dominion: An Argument about Abortion, Euthanasia, and Individual Freedom is a meditation on the nature of individual freedom. However, as author Ronald Dworkin explains at the end of Chapter One, he believes in doing philosophy in much the same way common law jurists believe in doing law-from the inside out-that is, by starting with a concrete problem and then proceeding to the more general questions raised by that problem. According to Dworkin, this generates a theory that is appropriately tailored to the issue, "Savile Row" so to speak, rather than "Seventh Avenue," and thus ...


Maine Women's Lobby News Letter (1994 - February) No. 6, Maine Women's Lobby Staff Feb 1994

Maine Women's Lobby News Letter (1994 - February) No. 6, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


"The Woman In The Street:" Reclaiming The Public Space From Sexual Harassment, Deborah Thompson Eisenberg Jan 1994

"The Woman In The Street:" Reclaiming The Public Space From Sexual Harassment, Deborah Thompson Eisenberg

Faculty Scholarship

No abstract provided.


The Americans With Disabilities Act And The Reproductive Rights Of Hiv-Infected Women, Taunya L. Banks Jan 1994

The Americans With Disabilities Act And The Reproductive Rights Of Hiv-Infected Women, Taunya L. Banks

Faculty Scholarship

No abstract provided.


Tying A Slipknot: Temporary Marriages In Iran, Tamilla F. Ghodsi Jan 1994

Tying A Slipknot: Temporary Marriages In Iran, Tamilla F. Ghodsi

Michigan Journal of International Law

The purpose of this Note is to analyze the institution of mut'a critically, but objectively. It is important to first understand that it is possible to learn something from this institution. The sanctioning of temporary marriages illustrates the pervasive role of law as a method of social control, a characteristic which has parallels in the West. Furthermore, the institution may be challenged on its merits. For example, this Note intends to illustrate how the lack of formalism and the presence of great ambiguity in the institution have contributed to its lack of acceptance in Iranian society. The institution's ...


Universal Versus Islamic Human Rights: A Clash Of Cultures Or A Clash With A Construct?, Ann Elizabeth Mayer Jan 1994

Universal Versus Islamic Human Rights: A Clash Of Cultures Or A Clash With A Construct?, Ann Elizabeth Mayer

Michigan Journal of International Law

This article examines the recent trend proposing that Islam and Islamic culture mandate a distinctive approach to human rights. It offers critical assessments of selected civil and political rights in two recent products of this trend: (1) the 1990 Cairo Declaration on Human Rights in Islam, issued by the Organization of the Islamic Conference and endorsed by Iran and Saudi Arabia; and (2) the rights provisions in the Saudi Arabian Basic Law promulgated in 1992. These legislative initiatives will be examined in conjunction with constructs of an Islamic culture necessarily at odds with international human rights norms. These constructs have ...


A Womb Of My Own: A Moral Evaluation Of Ohio's Treatment Of Pregnant Patients With Living Wills, Anne D. Lederman Jan 1994

A Womb Of My Own: A Moral Evaluation Of Ohio's Treatment Of Pregnant Patients With Living Wills, Anne D. Lederman

Case Western Reserve Law Review

No abstract provided.


Job Matching And Women's Wage-Tenure Profile, Joni Hersch, Patricia Reagan Jan 1994

Job Matching And Women's Wage-Tenure Profile, Joni Hersch, Patricia Reagan

Vanderbilt Law School Faculty Publications

Recently, researchers have challenged the validity of the dominant theories of wage growth, claiming that the observed positive relation between wages and tenure is an artefact of omitted job match quality. In sharp contrast to the human capital theory, job match theory implies that women's wages are not directly affected by their discontinuous labour force participation. Using samples of women workers from three data sets, the authors estimate structural models of the wage-tenure relation which control directly for job match quality, and find evidence of a strong positive relation between wages and tenure.


Foreword, Sandra Day O'Connor Jan 1994

Foreword, Sandra Day O'Connor

Valparaiso University Law Review

No abstract provided.


Operation Rescue Versus A Woman's Right To Choose: A Conflict Without A Federal Remedy?, Randolph M. Mclaughlin Jan 1994

Operation Rescue Versus A Woman's Right To Choose: A Conflict Without A Federal Remedy?, Randolph M. Mclaughlin

Elisabeth Haub School of Law Faculty Publications

This article discusses the need for federal protection of women seeking abortion-related services and the denial of protection of those women by the Supreme Court's narrow holding in Bray. Part II examines the precedents leading up to the Bray decision. A review of these cases demonstrates that Operation Rescue is a national conspiracy aimed at eliminating the right to abortion. The group uses physical force and blockades clinics in order to deny women and health care workers access to these facilities. In light of the inability or unwillingness of local law enforcement agencies to provide access to the clinics ...