Law Commons^™

The Principle And Practice Of Women's "Full Citizenship": A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday

Michigan Law Review

For more than a quarter century, the Supreme Court has repeatedly declared that sex-based state action is subject to heightened scrutiny under the Equal Protection Clause. But the Court has always been much less clear about what that standard allows and what it prohibits. For this reason, it is especially noteworthy that one of the Court's most recent sex discrimination opinions, United States v. Virginia, purports to provide more coherent guidance. Virginia suggests that the constitutionality of sex-based state action turns on whether the practice at issue denies women "full citizenship stature" or "create[s) or perpetuate[s) the legal, social, …

Gagging On A Bad Rule: The Mexico City Policy And Its Effect On Women In Developing Countries., Yvette Aguilar

The Scholar: St. Mary's Law Review on Race and Social Justice

The mortality rate of women living in developing countries is often higher due to lack of family planning services and unsafe abortions. The United States has been providing foreign assistance and financial aid since the conclusion of World War II. One example is the United States Agency for International Development (USAID), which focuses on providing long-range economic and social development support to developing countries. Many nations and non-governmental organizations (NGOs) rely on this aid to fund their programs. However, in 1984, restrictions introduced at the International Conference on Population in Mexico City forbade international planning services which provided or advocated …

After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover

University of Michigan Journal of Law Reform

In this Article, Professor Grover argues that courts too readily allow employers to avoid vicarious liability for supervisors' unlawful sexual harassment of subordinates. The Article explores the breadth of the affirmative defense first introduced in the Supreme Court's 1998 cases of Faragher v. Boca Raton and Burlington Indus., Inc. v. Ellerth. That defense clears an employer of liability for a supervisor's unlawful sexual harassment if (a) the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the …

Daughter Of Liberty Wedded To Law: Gender And Legal Education At The University Of Pennsylvania Department Of Law 1870-1900, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

Using the University of Pennsylvania's Law Department and, to some extent, the figure of Carrie Burnham Kilgore as lenses, this article examines a thirty year period of major changes in legal education. In Part I, Prof. Crawford describes the historical roots of the school and its halting establishment in light of the predominant role individual lawyers played in training students through law office clerkships. Part II details several related changes in the legal profession in the 1870s: the law office declined in prominence; bar associations became more active; and law schools developed rigorous requirements. In particular, Prof. Crawford describes the …

State Of The Women Judiciary In The Commonwealth, Carol E. Jordan, Sheila Isaac

Office for Policy Studies on Violence Against Women Publications

No abstract provided.

Do Race/Ethnicity And Gender Influence Criminal Defendants' Satisfaction With Their Lawyers' Services? An Empirical Study Of Nevada Inmates, Robert J. Aalberts, Thomas E. Boyt, Lorne H. Seidman

Nevada Law Journal

No abstract provided.

Gender, Genes, And Choice: A Comparative Look At Feminism, Evolution, And Economics, Katharine K. Baker

All Faculty Scholarship

No abstract provided.

Gender, Genes, And Choice: A Comparative Look At Feminism, Evolution, And Economics, Katharine K. Baker

Katharine K. Baker

A Ghost Is Haunting Europe, Maria Grahn-Farley

Michigan Journal of International Law

Review of Responsible Selves: Women in the Nordic Legal Cultures (Kevät Nousiainen, Åsa Gunnarsson, Karin Lundström, & Johanna Niemi-Kiesiläinen eds.)

(Dis)Embedded Women, Rhoda E. Howard-Hassmann

Michigan Journal of International Law

The position argued in this Article is that women's rights are individual rights. To explain this position, the Article will progress along the following arguments: 1) The dichotomy between Western individualism and non-Western collectivism is false. 2) Much of the debate regarding the role of women and women's rights confuses interest and identity. 3) Women do not necessarily constitute a social group. 4) "Women's" rights are actually universal human rights: they pertain mostly to women, but also to men. 5) The debate about whether women are a social group is rooted in part in differing conceptions of women's embeddedness in …

Multicultural Jurisdictions At The National And International Levels, Christina L. Brandt-Young

Michigan Journal of International Law

Review of Multicultural Jurisdictions: Cultural Differences and Women's Rights by Ayelet Shachar

Nothing Is Written: Fundamentalism, Revivalism, Reformism And The Fate Of Islamic Law, Hamid M. Khan

Michigan Journal of International Law

Part of any Muslim's effort to return to their religious past usually involves an invocation of Islamic law, or what has been termed the Shari'ah. This Note intends to cursorily examine Islamic law-where it was, and where it is going. More specifically, this Note will examine a growing fracture within the Islamic community and how a fissure among so-called fundamentalists will ultimately influence an understanding of Islamic law.

Women, Poverty, Access To Health Care, And The Perils Of Symbolic Reform, Mary Anne Bobinski, Phyllis Griffin Epps

Faculty Articles

This article looks at health care through gendered eyes. We sift though available data on access to health care, health status, and health treatments to determine whether men and women experience health care differently in the United States. While we do not doubt that overt gender-based discrimination occasionally occurs in health care, this article focuses on the importance of unintended consequences and unconscious bias. We also explore the impact of symbolism about women's roles on the process of health care reform. The results have important implications for policy makers, advocates, and health care providers.

The United States has a large …

Whatever Happened To G.I. Jane?: Citizenship, Gender, And Social Policy In The Postwar Era, Melissa E. Murray

Michigan Journal of Gender & Law

In this Article, it is argued that the GI Bill is consistent with the social welfare policies of the New Deal period, in particular the Social Security Act of 1935, and so should be examined within the analytical framework established by scholars like Linda Gordon and Theda Skocpol in their studies of the Social Security Act's social welfare programs. Although the Bill is gender-neutral on its face, it was framed by normative assumptions about military participation and work that ensured that it was socially understood to benefit male veterans.

"Just Like One Of The Family": Domestic Violence Paradigms And Combating On-The-Job Violence Against Household Workers In The United States, Kristi L. Graunke

Michigan Journal of Gender & Law

This Article argues that the immense problem of on-the-job abuse experienced by domestic workers demands a multifaceted plan of attack. The proposed responses specifically draw upon the capacities, strengths, and resources of women, particularly comparatively privileged women, as both activists and employers of domestic workers. By describing the circumstances of domestic work in the United States from the nation's inception to the present, Part I demonstrates the prevalence and intractability of on-the-job physical and sexual abuse and argues that other women, as employers of domestic workers, have historically played a complex role in participating in, condoning, or failing to acknowledge …

The Customer Is Always Right… Not! Employer Liability For Third Party Sexual Harassment, Lea B. Vaughn

Michigan Journal of Gender & Law

This article will ask a series of questions. What is third party sexual harassment? Under what conditions does it occur? Does it differ in any significant respects from traditional notions of sexual harassment? Should those differences, if any, make a difference in the way that the legal system addresses third party harassment? And indeed, should the problem be addressed solely through the legal system? What might an employer do to alleviate sexual harassment of this type?

The Logician Versus The Linguist- An Empirical Tale Of Functional Discrimination In The Legal Academy, Andrea Kayne Kaufman

Michigan Journal of Gender & Law

This paper, focusing exclusively on gender, asks whether male and female law students express different preferences for logic-based learning models. A wide variety of educational theories and other theories have been used to conceptualize different learning preferences among law students but until now, none has focused on logical intelligence compared with the other intelligences. Using Harvard educational psychologist Howard Gardner's theory of Multiple Intelligences, this paper describes an empirical study establishing that male and female law students express differences in preferring logical intelligence over the other intelligences. This paper introduces the concept of "functional discrimination," addressing the ways in which …

Does Ec Pregnancy And Maternity Legislation Create Equal Opportunities For Women In The Ec Labor Market? The European Court Of Justice's Interpretation Of The Ec Pregnancy Directive In Boyle And Lewen, Petra Foubert

Michigan Journal of Gender & Law

This article discusses the EC's legal accommodation of pregnancy in the workplace and the interpretation thereof by the European Court of Justice. The leitmotiv is the question to what extent such accommodation enhances women's position in the labor market. The suspicion being that, in a well-intentioned attempt to fight discrimination of women, the EC institutions entrench gender discrimination. In other words, in their attempt to fight sex discrimination (by accommodating pregnancy), the EC often places women in a position that confirms the traditional perception of women as childbearers and caregivers.

The Sexual Regulation Dimension Of Contemporary Welfare Law: A Fifty State Overview, Anna Marie Smith

Michigan Journal of Gender & Law

In this article, Smith will attempt to demonstrate that welfare policy has become a prominent site of sexual regulation; that the rights of poor single mothers are at stake in this respect; and that given the precise structure of contemporary American welfare reform, we must pay especially close attention to the laws and regulations adopted at the state level. First, Smith will place contemporary sexual regulation-oriented welfare law in an historical context by considering its precedents in English and American public policy traditions (Part I). Using original qualitative analyses of the states' statutory codes and administrative regulations, Smith will then …

The Social And Political Bases For Women's Growing Political Power In Taiwan, Cal Clark, Janet Clark

Maryland Series in Contemporary Asian Studies

No abstract provided.

Force And Colonial Development In Eastern Uganda, Carol Summers

History Faculty Publications

This article explores why and how administrators and missionaries in Eastern Uganda came to associate progress and development with the need to whip, coerce, and imprison women, developing new institutions for the violent control of wives that went far beyond more common patterns of informal patriarchal control. New Native Courts took over from husbands in arranging for troublesome wives to be whipped. New mission associations of church, teachers’ and evangelists’ groups, and church men’s groups worked to establish Christian patriarchal control over wives who rejected husbands and Christ. Both officials and missionaries understood clearly that the government and missions needed …

(Women And) Children First: Applicable To Lifeboats? Applicable To Human Experimentation?, Lainie Friedman Ross, M. Justin Coffey

Journal of Health Care Law and Policy

No abstract provided.

Carter's Groundbreaking Appointment Of Women To The Federal Branch: His Other Human Rights Record, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Conceptions Of Lawyers' Agency In Legal Ethics Scholarship, Susan Carle

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Changing The Face Of The Law: How Women's Advocacy Groups Put Women On The Federal Judicial Appointments Agenda, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Balanced Lives For Lawyers, Deborah L. Rhode

Fordham Law Review

No abstract provided.

Lecture: Canaries In The Mine: Work/Family Conflict And The Law, Joan C. Williams

Fordham Law Review

No abstract provided.

When Equal Protection Fails: How The Equal Protection Justification For Abortion Undercuts The Struggle For Equality In The Workplace, Kristina M. Mentone

Fordham Law Review

No abstract provided.

The Cedaw As A Collective Approach To Women's Rights, Brad R. Roth

Michigan Journal of International Law

This Article will identify the individualist paradigm with the main current of contemporary liberal-individualist political thought, and more specifically with the approach to women's rights reflected in the International Covenant on Civil and Political Rights (ICCPR), which can be read most straightforwardly as reflecting a liberal-individualist conception of how the individual, society, and the State interrelate. This approach, dominant in the international human rights system as well as in the legal systems of some of the most influential States, can usefully be identified as that of the political Center.

Dueling Fates: Should The International Legal Regine Accept A Collective Or Individual Pradigm To Protect Women's Rights?, Michigan Journal Of International Law

Michigan Journal of International Law

Transcript for Symposium held at the University of Michigan Law School on Saturday, April 6, 2002.