Law and Gender Commons^™

The Michigan Abortion Refusal Act, G. Michael White

University of Michigan Journal of Law Reform

Since the United States Supreme Court handed down the landmark decisions of Roe v. Wade andDoe v. Bolton, which placed constitutional limitations, on state regulation of abortions, efforts have been made on the federal and state levels to blunt the effect of those cases. One prevalent reaction has been the enactment of state "conscience clause" legislation, such as the Michigan Abortion Refusal Act, which seeks to extend to all hospitals the right to refuse admission of abortion patients. This legislative note will consider whether the Michigan conscience clause is legally necessary to ensure the right it seeks to …

Presumption Of Dependence In Workers' Compensation Death Benefits As A Denial Of Equal Protection, A. Russell Localio

University of Michigan Journal of Law Reform

This note will examine the sex bias prevalent in many workers' compensation statutes and the constitutionality of these statutes in light of recent Supreme Court decisions on sex discrimination. After this examination, alternative methods for effecting reform of the sex-biased death benefit provisions will be analyzed.

Human Rights For Women And World Public Order: The Outlawing Of Sex-Based Discrimination, Myres Mcdougal, Harold Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Title Ix's Promise Of Equality Of Opportunity In Athletics: Does It Cover The Bases?, Judith Lee Oliphant

Kentucky Law Journal

No abstract provided.

The Right Of Married Women To Assert Their Own Surnames, Roslyn Goodman Daum

University of Michigan Journal of Law Reform

This article, then, will attempt to frame the issues involved in the name change controversy and to suggest not only ways to implement reforms, but also the consequences attending these measures. Massachusetts has been chosen as the setting for an in-depth analysis of each problem, and examples of legislative, judicial, and administrative action in that state will be interspersed throughout. The results of the efforts in Massachusetts may be politically and legally instructive for people with similar interests in other jurisdictions.

Reversals In The Federal Constitutional Amendment Process: Efficacy Of State Ratifications Of The Equal Rights Amendment, Lynn Andretta Fishel

Indiana Law Journal

No abstract provided.

The Equal Rights Amendment: Constraint On Discretion In Family Law, Marylou Clark, Tricia Semmelhack, Sara Steinbock

Buffalo Law Review

No abstract provided.

A Woman's Right To Voluntary Sterilization, Susan L. Bloom

Buffalo Law Review

No abstract provided.

Mandatory Maternity Leaves And The Equal Protection Clause, Carole A. Masters

Kentucky Law Journal

No abstract provided.

Equal Rights For Women: The Need For A National Policy, Julia C. Lamber

Indiana Law Journal

No abstract provided.

Self Defense For Women Lawyers: Enforcement Of Employment Rights, Giovanna M. Longo

University of Michigan Journal of Law Reform

Employment and a concomitant opportunity to compete on the basis of individual merit for the rewards of achievement, whether they be money, power, prestige, personal satisfaction in a job well done, or the fulfillment of broad social aims, contribute to the assertion of legitimate human needs for independence and self-respect, and contribute to the expression and realization of individual potential. Women professionals and professional employers need to understand the applicable law regarding the proof of sex discrimination, what exceptions there are to prohibited sex discrimination, the procedures for enforcing that law and the benefits or detriments to be expected from …

Women And The Equal Protection Clause, Eric R. Gilbertson

Cleveland State Law Review

The stance of the law in this respect, as with other social trends, has generally reflected the current attitudes that dominate the society it governs. Yet, as late as 1969, we still had judges on the appellate level taking judicial notice of the female's lesser capacity for sexual arousal, the sexual behavior of "the vast majority of women in a civilized society," and the "normal" behavior of a married woman in the presence of her husband in their bedroom;' all in a puritanically paternalistic fashion. This, and other absurd judicial pronouncements may have been what prompted one controversial attorney to …

Discrimination Against Women In Employment In Higher Education, Alan Miles Ruben, Betty J. Willis

Cleveland State Law Review

Having been forced to adjust the structure of academic governance and the design of the curriculum responsively to large-scale student protest, it now appears that universities will have to rework their traditional patterns for the appointment, compensation and promotion of faculty and administrative staff to satisfy the demands being made by the women's liberation movement for an end to sexist employment practices.

The Constitution And The One-Sex College, Lizabeth A. Moody

Cleveland State Law Review

These cases bring into sharp focus the question whether the Constitution permits government-sponsored institutions of higher learning on the basis of sex. Such institutions have a lengthy history in this country and, during the early years of the Republic, were the rule rather than the exception. Tradition, however, is not the test of constitutional permissibility.

Sex Discrimination By Law: A Study In Judicial Perspective, Charles L. Knapp, John D. Johnston Jr.

Faculty Scholarship

No abstract provided.

Consult Primary Authorities--Step Three In The Research Process

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

The next likely step would have been to look up the statutes and the case that were listed in Florida Law and Practice to find additional information.To find both the statute and corresponding annotations, the student would have used the Florida Statutes Annotated. Since they found the citations for the statute in Florida Law and Practice, there is no need to use the index and the student would go directly to the volume of the set that contained the statute and annotations. At the time, F.S. § 782.10 held that intentionally causing a woman to miscarry would carry …

Conclusion And Fast Forward

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

After analyzing statutes and case law information on abortion in Florida, the student could conclude and state that offering to help a woman obtain an abortion was illegal in the 1960’s and, if a miscarriage subsequently occurred due to aid provided, the person who helped obtain the abortion could be convicted of 3rd degree manslaughter.

In 1973, the Supreme Court case of Roe v. Wade established that women had the right to seek an abortion and that states had to balance their ability to regulate health against a woman’s health care decision power and the potentiality of human life. 410 …

Research Strategy And Resources

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

The first step in any research process is to create a research strategy and organize your plan. The first step in most legal research is the use of secondary sources in order to gain an overview of a legal issue and to find cases and statutes that discuss the topic. A possible source about the state of the law in Florida on the topic of abortion was Florida Law and Practice.

Historical Research Project On Abortion

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

This document represents an historical research project, from start to finish, as it would have been accomplished during the time Virgil Hawkins was fighting to gain entry into the University of Florida law school. The student would have used print resources to resolve this legal question regarding abortion, a topic about which the law has changed significantly since the time this research would have been performed.

Secondary Sources--Step One In The Research Process

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

The first step in most legal research is to start with secondary sources to gain an overview of a legal issue and to find cases and statutes that discuss the topic. Secondary sources are statements or texts written about the law. A source that was available in the FAMU law library and could have been used to find information about the state of the law in Florida on the topic of abortion was Florida Law and Practice. To find information in Florida Law and Practice, the student would have used the title’s index and looked up the search …

Updating Resources

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

In order to be certain the law that forms the basis of a legal argument or theory is current, it is crucial to update your research. Different resources use different methods, but a common method for treatises is the pocket part, an insert at the back of a book that contains information from after the date the book was published. Consequently, after reading the relevant entries in the main text of the treatise, the student would have looked at the pocket part to determine if there were any new cases or statutory changes that applied.

Review Resources--Step Two In The Research Process

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

After finding the entry for abortion in the index, the student would then have gone to the volume and page indicated by the index to read the information provided. Studying the information contained in the entries, the student would have taken notes about statutes and cases that would be used to craft a legal analysis. The statutes on point that are listed by the treatise's entry are Florida Statutes § 782.10 and Florida Statutes § 797.01. The entry also names Eggart v. State as a case that discusses when an individual could be charged with a crime for assisting a …

Florida Law And Practice

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

This compendium of Florida law is based on State and Federal decisions arising from Florida Statutes. It is an up to the minute encyclopedia of Florida law and procedure, edited by an exceptionally well qualified and experienced group of Florida lawyers and teachers, who have helped make Florida Law. The text is keyed to Florida publications, practice books and Florida digests.

This document contains limited excerpts from Volume One that apply to the research problem.

Updating Resources

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

Next, the student would check the pocket part to the volume of the Florida Statutes Annotated that they were using for entries on both F.S. § 782.10 and F.S. § 797.01, thereby ensuring that they were seeing the most current information

Florida Statutes Annotated

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

The Attorney General of Florida, pursuant to the legislative mandate expressed in the Act approved May 25, 1939, Laws 1939, c. 19140, has prepared a "revision, compilation and consolidation of all the General Statutes of Florida in force, of a permanent nature" which, by Act approved June 6, 1941, Laws 1941, c. 20719, except as otherwise provided therein, was "adopted and enacted as statute law" under the title of Florida Statutes 1941.

Constitutional Law--Minimum Wage Law For Women As A Violation Of The Fifth Amendment

Michigan Law Review

The advance of so-called social legislation within the last several decades has furnished an intensely interesting period in constitutional and industrial development. The last skirmish with the fast-disappearing forces of logic and anachronistic formalism seems to have been fought in the recent case of Adkins v. Lyons (April 9, 1923), U. S. Adv. Ops. 795 and 796.