Law Commons^™

Grappling With Gender Equality, Jerry R. Parkinson

William & Mary Bill of Rights Journal

In this twenty-fifth anniversary year of the enactment of Title IX of the Education Amendments of 1972, the issue of gender equity in athletics is as divisive as ever. Lawsuits by female athletes and the demise of many men's teams have changed perceptions of Title IX in the 1990s and have provided an impetus for a thorough reexamination of the gender equity issue.

In this Article, Professor Parkinson begins with a brief overview of the regulatory framework governing Title IX's application to athletics. He then examines the legal standards by which the Department of Education's Office for Civil Rights (OCR) …

Implications Of Global Polarization For Feminist Work, Gracia Clark

Indiana Journal of Global Legal Studies

No abstract provided.

Toward A Feminist Analytics Of The Global Economy, Saskia Sassen

Indiana Journal of Global Legal Studies

Economic globalization has reconfigured fundamental properties of the

nation-state, notably territoriality and sovereignty. There is an incipient

unbundling of the exclusive territoriality we have lcing associated with the

nation-state. The most strategic instantiation of this unbundling is probably

the global city, which operates as a partly denationalized plaform for global

capital. Sovereignty is being unbundled by these economic and other noneconomic

practices and new legal regimes. At the limit this means that the

State is no longer the only site for sovereignty and the normativity that comes

with it, and further, that the State is no longer the exclusive subject …

As The World (Or Dare I Say Globe?) Turns: Feminism And Transnationalism, Fedwa Malti-Douglas

Indiana Journal of Global Legal Studies

No abstract provided.

Stop Stomping On The Rest Of Us: Retrieving Publicness From The Privatization Of The Globe, Zillah Eisenstein

Indiana Journal of Global Legal Studies

Professor Eisenstein's article discusses the effects of globalization on the

relationship between privatization and public responsibility and how this

dynamic impacts the future of women across the globe. She argues that the

global growth of privatization in the North and West has disseminated around

the world to the detriment of women. Privatization, she contends, has been

accepted as the agenda of politicians for the late twentieth century, and public

responsibility has been lost as a result.

According to Professor Eisenstein, globalization has been essentially an

economic process in which a global economy surfaces without differences or

borders. The global economy, …

Strategic Sisterhood Or Sisters In Solidarity? Questions Of Communitarianism And Citizenship In Asia, Aihwa Ong

Indiana Journal of Global Legal Studies

The Fourth World Conference on Women (Beijing 1995) has spawned a

Triumphant sense among Western/Northern feminists that they are forging a

strategic sisterhood with less privileged women in the South. Feminists from

metropolitan countries seek a new North-South alliance whereby they make

strategic interventions on behalf of third world women by putting pressure on

their governments. Professor Ong critiques strategic sisterhood on the

following grounds:

First, strategic sisterhood is based on individualistic notions of

transnational feminine citizenship, ignoring the historical and cultural

differences between women from the first and third worlds. In particular, the

concept ignores geopolitical inequalities whereby postcolonial …

Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone

Faculty Publications

No abstract provided.

A Focus On Children And The Law, Aviva A. Orenstein

Articles by Maurer Faculty

No abstract provided.

Introduction: Feminism And Globalization: The Impact Of The Global Economy On Women And Feminist Theory Symposium, Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.

Globalization, Privatization, And A Feminist Public, Susan H. Williams

Indiana Journal of Global Legal Studies

No abstract provided.

Dividing The Surplus: Will Globalization Give Women A Larger Or Smaller Share Of The Benefits Of Cooperative Production?, Kenneth G. Dau-Schmidt

Indiana Journal of Global Legal Studies

No abstract provided.

Cultural Relativity And Universalism: Reevaluating Gender Rights In A Multicultural Context, Elene G. Mountis

Penn State International Law Review

No abstract provided.

Eastern Twists On Western Concepts: Equality Jurisprudence And Sexual Harassment In Japan, Leon Wolff

Washington International Law Journal

A rich source of Japanese jurisprudence on sexual equality underlies Japan's emerging law against sexual harassment. With no law specifically outlawing sexual harassment, academics and the courts have invoked the principle of sexual equality to support their conclusion that Japanese law carries an implicit prohibition against acts of sexual harassment. In developing a legal case against sexual harassment, Japanese courts and academic commentators have introduced novel constructions of equality. The key innovations include relational equality, inherent equality and quantifiable equality. In presenting some of these Japanese contributions to equality jurisprudence, the hope is that feminist discourse on equality can take …

The Title Ix Tug-Of-War And Intercollegiate Athletics In The 1990'S: Nonrevenue Men's Teams Join Women Athletes In The Scramble For Survival, Susan M. Shook

Indiana Law Journal

No abstract provided.

Ua21 Wku Affirmative Action Plan, Wku Office Of Equal Opportunity / 504 / Ada Compliance

WKU Archives Records

This report consists of the following parts:

• Introduction
• Statement of Purpose
• Affirmative Action Plan for Minorities & Women
• Affirmative Action Plan for Covered Veterans & Persons with Disabilities

A Feminist Revisit To The First-Year Curriculum, Anita Bernstein

Faculty Scholarship

No abstract provided.

Drive-Through Deliveries: In Support Of Federal Legislation To Mandate Insurer Coverage Of Medically Sound Minimum Lengths Of Postpanum Stays For Mothers And Newborns, Freeman L. Farrow

University of Michigan Journal of Law Reform

President Clinton signed the Newborns' and Mothers' Health Protection Act of 1996 into law on September 26, 1996. The Act requires insurers that provide maternity benefits to cover medically sound minimum lengths of inpatient, postpartum stays according to the joint guidelines of the American Academy of Pediatrics and the American College of Obstetrics and Gynecology. This Note discusses the historical context in which the necessity for passage of protective legislation arose, the interplay between state and federal statutes that created the need for federal legislation to provide desired protections for postpartum patients and examines the provisions of the Act. This …

Redistributive Justice Cultural Feminism , William J. Turnier, Pamela Johnston Conover, David Lowerr

American University Law Review

No abstract provided.

Sex-Blind, Separate But Equal, Or Anti-Subordination? The Uneasy Legacy Of Plessy V. Ferguson For Sex And Gender Discrimination, Lucinda M. Finley

Journal Articles

No abstract provided.

Fax: The White House Office Of The Press Secretary, May 17, 1996, The White House

Saffy Collection - All Textual Materials

A fax sent regarding Megan’s Law requiring every state in the country to tell communities when a dangerous sexual predator moves into the area and the Presidents mission to make schools safer by strengthening the Safe and Drug-Free Schools Act.

Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Goertz V. Gordon, Laura Spitz

Faculty Scholarship

Historically, women have been almost exclusively responsible for the unpaid labour of child care with the assumption of primary child care responsibilities after separation. The courts must analyze each situation to determine whether a joint custody arrangement, in law, is in fact true equal parenting, in roles and responsibilities, or one more akin to sole custody when considering relocation restrictions.

Gender Matters: Implications For Clinical Research And Women's Health Care, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

Whose Justice? Which Victims?, Lynne Henderson

Michigan Law Review

A Review of George Fletcher, With Justice for Some: Victim's Rights in Criminal Trials

Resistance To Equality, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Are The Similarities Between A Woman's Right To Choose An Abortion And The Alleged Right To Assisted Suicide Really Compelling?, Marc Spindelman

University of Michigan Journal of Law Reform

In this Article, Marc Spindelman examines the relationship between abortion and assisted suicide. He begins his discussion with the constitutional framework within which courts should consider the assertion that the Due Process Clause of the Fourteenth Amendment protects an individual's decision to commit assisted suicide. The Author then considers and, based on relevant Supreme Court doctrine, rejects the conception of personal autonomy that undergirds the claimed constitutional right to assisted suicide. Finally, the Author points out some legal and cultural distinctions between abortion and assisted suicide, arguing that these distinctions offer courts good reasons for holding that the Fourteenth Amendment's …

The Proposed Model Surrogate Parenthood Act: A Legislative Response To The Challenges Of Reproductive Technology, Murray L. Manus

University of Michigan Journal of Law Reform

In this Article, Manus proposes a Model Surrogate Parenthood Act. He examines the medical and scientific history of surrogacy and reviews the jurisprudence in the area, specifically the constitutional relationship between procreation rights and surrogacy. The author asserts that surrogate motherhood cannot be, and indeed, should not be, eradicated through legislation criminalizing it. The proposed Model Act, presented here in its entirety, attempts to reduce the problems inherent in the concept of surrogate parenthood by putting the process under strict court supervision and by zealously protecting the rights of the surrogate mother and the child to be conceived.

With Justice For Whom? The Presumption Of Moral Innocence In Rape Trials, Stacey Pastel Dougan

Indiana Law Journal

No abstract provided.

Neuf À Zero Ne Suffit Plus: Gould C. Yukon Order Of Pioneers Et La Perspective Feminine, Marie-France Major

Osgoode Hall Law Journal

Do women see the world in a way that is peculiar to them, that is, differently from the perceptions of men? In view of the decision of the Supreme Court of Canada in Gould v. Yukon Order of Pioneers, this question raises a highly pertinent issue. In Gould, where the subject of litigation was the interpretation of the human rights legislation of the Yukon, the Court was divided according to the gender of the judges. Only the female judges, in dissent, addressed the problem in terms of power, vulnerability, and equality, while the male judges adhered to a strict approach …

Teacher Power In The Law School Classroom, Julie Macfarlane

Dalhousie Law Journal

Law teachers make choices over syllabus material, teaching methods and assessment formats, and thus inevitably exercise some control over what and how students learn. The actualpowerof each individual law professor will depend on the context of her particular classroom and her perceived credibility, generally defined by the university as the demonstration of a particular (rationalist) model of subject expertise. The intrinsic hierarchies and highly competitive culture of law school sustain this traditional model of knowledge along with its congruent image of the professor as autonomous, powerful and the focus of the classroom. Feminist law teachers and others who wish to …

Protecting Equality And Human Dignity: Allowing Same-Sex Marriage, Stacey R. Jessiman

Stacey R Jessiman

This March 1996 paper argues that the common law prohibition of same sex marriage violates rights protected by both the Charter and Human Rights legislation and is inappropriate in Canadian pluralistic modern society. First, this paper argues that the common law prohibition of same-sex marriage discriminates on the basis of sexual orientation and violates parties’ constitutional right to equality protected by s.15(1) of the Charter. Second, it argues that the common law rule violates s.7 of the Charter in that it encroaches on the right to liberty of same-sex partners by insulting their dignity as human beings. Third, it argues …