Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Gender and law (12)
- Martha Fineman (12)
- Women (11)
- Sex discrimination (7)
- Feminism (6)
-
- Title IX (6)
- Athletics (4)
- Colleges and universities (4)
- Discrimination (4)
- Family law (4)
- Feminist legal theorists (4)
- Fineman Plan (4)
- Sports (4)
- Gender (3)
- Human rights (3)
- Adaption Assistance and Child Welfare Act (2)
- Adoption and Safe FamiliesA ct (2)
- American underclass (2)
- Annual Feminist Legal Theory Lecture Series of the Washington College of Law's Gender (2)
- Assumed family distorts analysis (2)
- Bias (2)
- Cash assistance (2)
- Crimes (2)
- Culture (2)
- Domestic violence (2)
- Equality (2)
- Family and welfare policy (2)
- Feminism theory (2)
- Feminist family theorist (2)
- Feminist legal theory (2)
- Publication
-
- American University Journal of Gender, Social Policy & the Law (26)
- UC Law SF Journal on Gender and Justice (14)
- University of Michigan Journal of Law Reform (6)
- Michigan Journal of Gender & Law (5)
- UIC Law Review (5)
-
- Buffalo Women's Law Journal (4)
- American University Law Review (2)
- BYU Law Review (2)
- Cleveland State Law Review (2)
- Human Rights Brief (2)
- Michigan Journal of International Law (2)
- Michigan Law Review (2)
- Indiana Journal of Global Legal Studies (1)
- University of Miami Inter-American Law Review (1)
- Washington and Lee Journal of Civil Rights and Social Justice (1)
Articles 1 - 30 of 75
Full-Text Articles in Law
Pay Equity For Coaches And Athletic Administrators: An Element Of Title Ix?, Barbara Osborne, Marilyn V. Yarbrough
Pay Equity For Coaches And Athletic Administrators: An Element Of Title Ix?, Barbara Osborne, Marilyn V. Yarbrough
University of Michigan Journal of Law Reform
In this Article, Professors Osborne and Yarbrough address the issue of gender discrimination in the compensation of coaches and athletic administrators. They discuss the application of the Equal Pay Act of 1963 and Title VII to pay inequity claims and conclude that both have proven to be inadequate as a means of addressing the problem. Professors Osborne and Yarbrough then present Title IX as a way of countering the problem of gender discrimination in the compensation of coaches. They also discuss the prospects for gender equality in compensation by considering several cases addressing the issue. Finally, they offer recommendations both …
An "Olympics" Approach: A More Equitable Approach To Athletics Than Title Ix Offers, Marcia Federbush
An "Olympics" Approach: A More Equitable Approach To Athletics Than Title Ix Offers, Marcia Federbush
University of Michigan Journal of Law Reform
A speech from Marcia Federbush, the writer of the first comprehensive Title IX complaint against a major university - the University of Michigan.
Equally Bad Is Not Good: Allowing Title Ix "Compliance" By The Elimination Of Men's Collegiate Sports, Donald E. Shelton
Equally Bad Is Not Good: Allowing Title Ix "Compliance" By The Elimination Of Men's Collegiate Sports, Donald E. Shelton
University of Michigan Journal of Law Reform
Athletic participation is an important part of the educational process, instilling important lessons about discipline and teamwork. Title IX was intended to address the historic lack of opportunities for women and girls to participate in school athletics. Unfortunately, the current administrative interpretation of Title IX permits the elimination of male athletic opportunities as a means of complying with the statute's equality standard. This result undermines the purpose of Title IX and the role of athletics in the educational process for all students.
Gender And Intercollegiate Athletics: Data And Myths, Julia Lamber
Gender And Intercollegiate Athletics: Data And Myths, Julia Lamber
University of Michigan Journal of Law Reform
This Article explores what nondiscrimination means in the context of intercollegiate athletics. After reviewing the Department of Education's controversial Title IX Policy Interpretation, it critically examines the analytical framework used in Title IX athletic cases and concludes that commonly made analogies to litigation under Title VII of the 1964 Civil Rights Act are inapt. A major part of the Article is an empirical study, looking first at gender equity plans written by institutions of higher education for the National Collegiate Athletic Association and then at data collected from more than 325 institutions pursuant to the Equity in Athletics Disclosure Act. …
The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake
The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake
University of Michigan Journal of Law Reform
Title IX's three-part test for measuring discrimination in the provision of athletic opportunities to male and female students has generated heated controversy in recent years. In this Article, Professor Brake discusses the theoretical underpinnings behind the three-part test and offers a comprehensive justification of this theory as applied to the context of sport. She begins with an analysis of the test's relationship to other areas of sex discrimination law, concluding that, unlike most contexts, Title IX rejects formal equality as its guiding theory, adopting instead an approach that focuses on the institutional structures that subordinate girls and women in sport. …
The Mixed Messages Of Title Ix, Sherman J. Clark
The Mixed Messages Of Title Ix, Sherman J. Clark
University of Michigan Journal of Law Reform
Introduction to a University of Michigan Journal of Law Reform Symposium entitled Competing in the 21st Century: Title IX, Gender Equity, and Athletics.
Socratic Misogyny?--Analyzing Feminist Criticisms Of Socratic Teaching In Legal Education, David D. Garner
Socratic Misogyny?--Analyzing Feminist Criticisms Of Socratic Teaching In Legal Education, David D. Garner
BYU Law Review
No abstract provided.
Ub's Women In Law: Overcoming Barriers During Their First Hundred Years, Marjorie L. Girth
Ub's Women In Law: Overcoming Barriers During Their First Hundred Years, Marjorie L. Girth
Buffalo Women's Law Journal
No abstract provided.
Motherhood And Contract: Always Crashing In The Same Car, Elise Bruhl
Motherhood And Contract: Always Crashing In The Same Car, Elise Bruhl
Buffalo Women's Law Journal
No abstract provided.
A Different Voice: The Feminine Jurisprudence Of The Minnesota State Supreme Court, Linda S. Maule
A Different Voice: The Feminine Jurisprudence Of The Minnesota State Supreme Court, Linda S. Maule
Buffalo Women's Law Journal
No abstract provided.
The Influence Of Pornography On Rape And Violence Against Women: A Social Science Approach, Dana A. Fraytak
The Influence Of Pornography On Rape And Violence Against Women: A Social Science Approach, Dana A. Fraytak
Buffalo Women's Law Journal
No abstract provided.
Applying A Gender Perspective In The Area Of The Right To Freedom Of Religion Or Belief, Bahia Tahzib-Lie
Applying A Gender Perspective In The Area Of The Right To Freedom Of Religion Or Belief, Bahia Tahzib-Lie
BYU Law Review
No abstract provided.
Because We Love You, Rosemary B. Quigley
Because We Love You, Rosemary B. Quigley
Michigan Law Review
I remember the impotence I felt on the eve of the Gulf War in January 1991. No one could have known at that moment what a brief conflict it would be. We had every reason to believe that the Middle East would be hurled into turmoil. And if protracted war ensued, a draft would surely follow. I watched my college boyfriend sink into despair, with the help of a Bob Mould CD, at the prospect of being called to give his life for his country. I remained uncharacteristically mute. In the face of this battle, our positions were too unequal …
Straightening It Out: Joan Williams On Unbending Gender, Adrienne D. Davis
Straightening It Out: Joan Williams On Unbending Gender, Adrienne D. Davis
American University Law Review
No abstract provided.
Panel One: Redesigning Work And The Benefits Related To It
Panel One: Redesigning Work And The Benefits Related To It
American University Law Review
No abstract provided.
Human Rights In Transition-- Freedom From Fear, Dorothea Beane
Human Rights In Transition-- Freedom From Fear, Dorothea Beane
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Declaring Unconstitutional A Constitutional Amendment: The Argentine Judiciary Forges Ahead, Ileana Gomez
Declaring Unconstitutional A Constitutional Amendment: The Argentine Judiciary Forges Ahead, Ileana Gomez
University of Miami Inter-American Law Review
No abstract provided.
Women's Rights And The Public Morals Exception Of Gatt Article 20, Liane M. Jarvis
Women's Rights And The Public Morals Exception Of Gatt Article 20, Liane M. Jarvis
Michigan Journal of International Law
The public morals exception in Article XX of the General Agreement on Tariffs and Trade (GATT) could and should be interpreted in accordance with evolving human rights law on women's rights. This clause provides an exception to the general rule that members of the World Trade Organization (WTO) cannot take measures against other Members that would restrict trade. Under Article XX, WTO members may restrict trade for a variety of social reasons, including protecting the environment, preventing prison labor, and otherwise promoting "public morals.” This Note will argue in particular that a nation should be allowed to invoke the public …
The Resurgence Of Herbal Remedies: Controlling Access To Herbal Remedies And Medicinal Marijuana--Foreword, Hastings Women's Law Journal
The Resurgence Of Herbal Remedies: Controlling Access To Herbal Remedies And Medicinal Marijuana--Foreword, Hastings Women's Law Journal
UC Law SF Journal on Gender and Justice
No abstract provided.
The Criminalization Of Medicinal Marijuana, Hastings Women's Law Journal
The Criminalization Of Medicinal Marijuana, Hastings Women's Law Journal
UC Law SF Journal on Gender and Justice
No abstract provided.
Law And The Biology Of Rape: Reflections On Transitions, Owen D. Jones
Law And The Biology Of Rape: Reflections On Transitions, Owen D. Jones
UC Law SF Journal on Gender and Justice
The effectiveness of the legal system in preventing rape depends, in part, on the accuracy of the model of rape behavior on which it relies. To date, most models of rape reflect the disciplinary isolation of their proponents. In this article, Professor Jones argues that integrating life science and social science perspectives on sexual aggression can improve law's model of rape behavior and further our efforts to reduce the .incidence of rape. Extending his prior work on law, biology, and sexual aggression, Professor Jones addresses both why law's model of rape behavior can usefully incorporate insights from biobehavioral science in …
Revisiting Poor Joshua: State-Created Danger Theory In The Foster Care Context, Michele Miller
Revisiting Poor Joshua: State-Created Danger Theory In The Foster Care Context, Michele Miller
UC Law SF Journal on Gender and Justice
The Supreme Court's decision in DeShaney v. Winnebago County Department of Social Services declared that abused children in the legal custody of the state (but residing with their natural parent) have no private cause of action against the state for substantive due process violations. Since the decision, many courts have attempted to circumvent DeShaney by using a "state-created danger theory," by which a state may be liable, under negligence principles, for removing a child from foster care and returning him/her to a parent, despite clear indications that future abuse will occur. This note examines the application of the state-created danger …
Persecution On Account Of Gender: A Need For Refugee Law Reform, Bret Thiele
Persecution On Account Of Gender: A Need For Refugee Law Reform, Bret Thiele
UC Law SF Journal on Gender and Justice
Reacting to the horrors committed during World War II and the subsequent mass migration of individuals across State boundaries, the international community in 1951 agreed to a definition of refugee. This definition is still in use internationally and reflected in U.S. domestic law. This article illustrates how the current definition of refugee is limited and therefore inadequate to protect millions of persons, namely those persecuted or facing persecution on account of gender. Likewise, recent developments in refugee law do not sufficiently provide protection to individuals facing gender-specific forms of persecution. This article argues for the addition of a gender category …
All Things Being Equal: Affirmative Action And Candidate Selection From A Scottish Perspective, Kirsteen Davidson, Rhona Smith, Ruth Webster, Nicole Busby
All Things Being Equal: Affirmative Action And Candidate Selection From A Scottish Perspective, Kirsteen Davidson, Rhona Smith, Ruth Webster, Nicole Busby
UC Law SF Journal on Gender and Justice
This article examines some of the issues surrounding attempts to increase the participation of women in formal political structures. Although prominent on the international agenda, only Scandinavia comes close to a true gender balance. Within an international political and legal context, this article examines the remarkable improvement in female representation which has occurred in Scotland since 1997. Scotland is an ideal case study with recent elections to the Local Councils, the Scottish Parliament, the national Westminster Parliament and the European Parliament. In some instances, different techniques of affirmative action or reverse discrimination were employed. Each of these elections will be …
A Matter Of Principle And Consistency: Understanding The Battered Woman And Cultural Defenses, Sharan K. Suri
A Matter Of Principle And Consistency: Understanding The Battered Woman And Cultural Defenses, Sharan K. Suri
Michigan Journal of Gender & Law
To adequately explain and argue why feminists, as a matter of legal theory, must take both the BWS and cultural defenses seriously, these defenses need further elaboration. Section I details what these defenses are, how they developed, and how they work in the justice system. Section II enlarges the picture by revealing the similarities between the two defenses which share not only the same theoretical and practical goals, but also the same criticisms and flaws highlighted by scholars. Finally, Section III asserts that cultural evidence and evidence of battering must be admitted to show the absence of mens rea. However, …
An Emerging Ethical And Medical Dilemma: Should Physicians Perform Sex Assignment Surgery On Infants With Ambiguous Genitalia?, Hazel Glenn Beh, Milton Diamond
An Emerging Ethical And Medical Dilemma: Should Physicians Perform Sex Assignment Surgery On Infants With Ambiguous Genitalia?, Hazel Glenn Beh, Milton Diamond
Michigan Journal of Gender & Law
This article discusses the development of a surgical approach to treating intersex infants and others with genital anomalies that began in the late 1950s and 1960s and became standard in the 1970s. Although professional literature has recently questioned the surgical approach to the treatment of infants, controversy surrounding treatment persists and the medical community now is divided. How sex reassignment surgery for intersex infants became a routine recommendation of practitioners and how parents were persuaded to consent to such radical surgeries provide a cautionary tale that is relevant to both medicine and law.
On The Road: Images Of Truthtelling In Rural America, Emily A. Spieler
On The Road: Images Of Truthtelling In Rural America, Emily A. Spieler
Michigan Journal of Gender & Law
This narrative is a true story. It raises the same central issue as many of the core stories of race and gender that have haunted us over the last decade: the identification of truthtellers. Theoretical analysis of truth and bias abound. This story, like many of these other stories, nevertheless stands on its own, without the need for iterative analysis.
Dowry Deaths: Proposing A Standard For Implementation Of Domestic Legislation In Accordance With Human Rights Obligations, Namratha S. Ravikant
Dowry Deaths: Proposing A Standard For Implementation Of Domestic Legislation In Accordance With Human Rights Obligations, Namratha S. Ravikant
Michigan Journal of Gender & Law
This article discusses the due diligence standard of governmental responsibility, and measures the adequacy of India's implementation of its national dowry death legislation in accordance with its international human rights obligations. India has enacted legislation designed to combat dowry violence. Although India's laws seem to follow the letter of its international human rights obligations, the country violates the spirit of human rights by lacking an actual commitment to implement this legislation. This Article demonstrates and examines India's breach of its duty of due diligence. Such a breach constitutes government complicity in condoning and perpetuating dowry deaths, which violate women's human …
"Trapped" In Sing Sing: Transgendered Prisoners Caught In The Gender Binarism, Darren Rosenblum
"Trapped" In Sing Sing: Transgendered Prisoners Caught In The Gender Binarism, Darren Rosenblum
Michigan Journal of Gender & Law
This Article first summarizes gender, transgendered identity, and legal issues facing transgendered people to contextualize the lives of transgendered prisoners. Parts II and III explore respectively the placement and treatment issues that complicate the incarceration of the transgendered. Corrections authorities, through indifference or incompetence, foster a shockingly inhumane daily existence for transgendered prisoners. In Part V, I examine the plight of transgendered prisoners through the metaphor of the miners' canary. Transgendered prisoners signal the grave dangers facing all of us in a wide array of social structures, elucidating the apparently intractable problems of gender. This Article simultaneously explores a human …
Foreward, Adrienne D. Davis, Joan C. Williams
Foreward, Adrienne D. Davis, Joan C. Williams
American University Journal of Gender, Social Policy & the Law
No abstract provided.