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Articles 541 - 570 of 575
Full-Text Articles in Law and Gender
Working For Women's Employment Rights In Poland, Kristin Long
Working For Women's Employment Rights In Poland, Kristin Long
Circles: Buffalo Women's Journal of Law and Social Policy
No abstract provided.
International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta
International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta
LLM Theses and Essays
The United Nations Fourth World Conference on Women was held in Beijing in September 1995, and represented an important step towards the achievement of equality for women. At the Conference, the progress made towards equality was acknowledged, but it was also acknowledged that many goals have not been achieved yet, and that cultural changes of fundamental importance remain to be made. Indeed, in many countries the cultural approach to violence and discrimination against women is quite fatalistic; they believe violence against women cannot be solved by laws. However, this approach overlooks the role played by societies in tolerating practices of …
Undue Influence And Gender Stereotypes: Legal Doctrine Or Indoctrination?, Veena K. Murthy
Undue Influence And Gender Stereotypes: Legal Doctrine Or Indoctrination?, Veena K. Murthy
Cardozo Journal of Equal Rights & Social Justice
The note argues that the undue influence doctrine in will contests disproportionately affects female testators, reflecting and reinforcing gender stereotypes. Courts are more likely to invalidate wills of female testators, undermining their testamentary freedom, while male testators are often treated as autonomous decision-makers. This disparity stems from societal gender norms that portray women as vulnerable and men as independent.
Violence Against Aboriginal Women In Australia: Possibilities For Redress Within The International Human Rights Framework, Penelope Andrews
Violence Against Aboriginal Women In Australia: Possibilities For Redress Within The International Human Rights Framework, Penelope Andrews
Articles & Chapters
This Article addresses the issue of violence against Aboriginal women. Part I concerns the historical violenceagainst Aboriginal people generally, and Part II concerns violence against Aboriginal women in particular. Part III considers how the priorities and perspectives of Aboriginal women and non-Aboriginal women differ insignificant ways despite their congruence in others. In particular, the Article evaluates the awkward relationship between Aboriginal women and the largely white feminist movement in Australia as a consequence of these different priorities and perspectives, and suggests how political victories for white or non-Aboriginal women could be translated into gains for Aboriginal women. The fourth part …
Comparatively Speaking: The Honor Of The East And The Passion Of The West, Lama Abu-Odeh
Comparatively Speaking: The Honor Of The East And The Passion Of The West, Lama Abu-Odeh
Georgetown Law Faculty Publications and Other Works
In this Article, I will attempt a comparative review by examining in the United States the crime that has the most affinity with the crime of honor in the Arab World: the killing of women in the heat of passion for sexual or intimate reasons, which is seen in the United States as one of many instances in which the more generic crime of passion can occur. For the purposes of this Article, I will use the term "crime of passion" as it is so specifically defined. The reason for the exercise is to locate precisely the meaning of the …
Eastern Twists On Western Concepts: Equality Jurisprudence And Sexual Harassment In Japan, Leon Wolff
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 …
Women Online: Beijing 1995, Stacy Davis
Women Online: Beijing 1995, Stacy Davis
Circles: Buffalo Women's Journal of Law and Social Policy
No abstract provided.
Women In The Courts: An Old Thorn In Men's Sides, Nikolaus Benke
Women In The Courts: An Old Thorn In Men's Sides, Nikolaus Benke
Michigan Journal of Gender & Law
This article was inspired by the work of a series of state task forces on women in the courts. It examines the subject from a historical perspective, comparing ancient Rome, mainly during the period from the first century B.C. to the third A.D., with the United States, from its prerevolutionary beginnings to the present. The article's focus is gender bias against women acting in official court functions.
Lessons For The United States: A Greek Cypriot Model For Domestic Violence Law, Joan L. Neisser
Lessons For The United States: A Greek Cypriot Model For Domestic Violence Law, Joan L. Neisser
Michigan Journal of Gender & Law
The purpose of this Article is twofold: to view the problem of domestic violence victims not wishing to testify against their abusers through the lenses of different feminist perspectives; and to use the Greek Cypriot experience as a model to test the value of these theories when developing legal policies addressing this issue.
China's Denial Of Tibetan Women's Right To Reproductive Freedom, Eva Herzer, Sara B. Levin
China's Denial Of Tibetan Women's Right To Reproductive Freedom, Eva Herzer, Sara B. Levin
Michigan Journal of Gender & Law
This Article first provides a historical account of the social and political context of the PRC's family planning policies in Tibet. Part B describes the PRC's official family policies from 1982 to the present. Part C discusses the PRC's actual practices, including its population quota controls, focusing on the forced and coerced abortions and sterilizations performed on Tibetan women. Part D applies international human rights law and concludes that the PRC's family planning policy, as implemented, violates international human rights laws. The Article concludes by recommending points of action for the PRC and international community to address these human rights …
U.N. Women's Event Unleashed Powerful Ideas, Ann Juergens
U.N. Women's Event Unleashed Powerful Ideas, Ann Juergens
Faculty Scholarship
Juergens describes her experience at the Non-Governmental Organizations Forum of the United Nations' Fourth World Conference on Women, where a "Platform for Action", the U.N. action plan for women and girls was created.
Introduction, Belinda Cooper
Introduction, Belinda Cooper
Cardozo Journal of Equal Rights & Social Justice
The article explores the emergence and gradual integration of feminist jurisprudence in Germany, highlighting the challenges and opportunities faced by women in law as feminist ideas begin to influence legal academia and practice. It traces the development of feminist legal scholarship in Germany, starting from its early stages in the 1980s to the establishment of institutionalized feminist jurisprudence at Humboldt University. The article introduces a collection of writings that examine key legal issues affecting women in Germany, emphasizing the interplay between German and European Community law, as well as the cultural and historical contexts that shape legal discourse.
Prostitution And The Law In Germany, Margarete Von Galen
Prostitution And The Law In Germany, Margarete Von Galen
Cardozo Journal of Equal Rights & Social Justice
The article examines the legal and social contradictions surrounding prostitution in Germany, highlighting how, despite its legal status, the practice is subject to discriminatory laws and regulations that create a hypocritical gap between legal frameworks and real-world enforcement. The author argues that while prostitution is legal, the surrounding legal provisions often criminalize related activities, leading to inconsistent enforcement and continued marginalization of sex workers.
Anti-Essentialism, Relativism, And Human Rights , Tracy E. Higgins
Anti-Essentialism, Relativism, And Human Rights , Tracy E. Higgins
Faculty Scholarship
Confronted with the challenge of cultural relativism, feminism faces divergent paths, neither of which seems to lead out of the woods of patriarchy. The first path, leading to simple tolerance of cultural difference, is too broad. To follow it would require feminists to ignore pervasive limits on women's freedom in the name of an autonomy that exists for women in theory only. The other path, leading to objective condemnation of cultural practices, is too narrow. To follow it would require feminists to dismiss the culturally distinct experiences of women as false consciousness. Yet to forge an alternative path is difficult, …
Equal Rights-Compatibility Of Family And Career-Legal Comparison: East Germany (Gdr) And Federal Republic Of Germany Today, Anita Grandke
Equal Rights-Compatibility Of Family And Career-Legal Comparison: East Germany (Gdr) And Federal Republic Of Germany Today, Anita Grandke
Cardozo Journal of Equal Rights & Social Justice
The article examines the evolution of gender equality in East Germany from the post-WWII era through the 1990 unification with West Germany, highlighting how East Germany's progressive laws promoting women's rights were rolled back after unification, leading to significant setbacks for women in employment, family life, and legal protections.
From Advocacy To Management In Divorce: A Women's Issue?, Mavis Maclean
From Advocacy To Management In Divorce: A Women's Issue?, Mavis Maclean
Cardozo Journal of Equal Rights & Social Justice
The article examines the shift in the role of law in divorce proceedings in the U.K., arguing that divorce is increasingly moving away from legal advocacy and toward administrative and managerial processes. This transformation raises critical questions about the implications for women, particularly regarding their access to justice, financial rights, and the role of legal professionals. The article highlights the growing influence of Alternative Dispute Resolution (ADR) and the Child Support Agency (CSA), which are reshaping how divorce, child support, and property disputes are handled, often reducing the involvement of courts and lawyers.
Civil, Constitutional And Criminal Justice Responses To Female Partner Abuse: Proposals For Reform, Mark Anthony Drumbl
Civil, Constitutional And Criminal Justice Responses To Female Partner Abuse: Proposals For Reform, Mark Anthony Drumbl
Scholarly Articles
Female partner abuse -- the battering inflicted by heterosexual men upon their wives, common-law spouses and intimate partners -- is a pervasive phenomenon in North American society. Through a comparative analysis of the responses to female partner abuse in Buffalo (New York), Toronto and London (Ontario) this paper demonstrates that pro-arrest policing policies have a vital role in curbing conjugal violence. Nevertheless, any truly effective response to female partner abuse must link the criminal justice system with other areas of the law as well as community services. With this interdisciplinary approach as a governing paradigm, several reforms are proposed. These …
In A Conflict Between Equal Rights For Women And Customary Law, The Botswana Court Of Appeal Chooses Equality, 24 U. Tol. L. Rev. 563 (1993), Michael P. Seng
In A Conflict Between Equal Rights For Women And Customary Law, The Botswana Court Of Appeal Chooses Equality, 24 U. Tol. L. Rev. 563 (1993), Michael P. Seng
UIC Law Open Access Faculty Scholarship
No abstract provided.
Harm, Morality, And Feminist Religion: Canada's New -- But Not So New -- Approach To Obscenity, Daniel O. Conkle
Harm, Morality, And Feminist Religion: Canada's New -- But Not So New -- Approach To Obscenity, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Civil Rights In The Islamic Constitutional Tradition: Shared Ideals And Divergent Regimes, 25 J. Marshall L. Rev. 267 (1992), Abdullahi Ahmed An-Na' Im
Civil Rights In The Islamic Constitutional Tradition: Shared Ideals And Divergent Regimes, 25 J. Marshall L. Rev. 267 (1992), Abdullahi Ahmed An-Na' Im
UIC Law Review
No abstract provided.
Germany's Legal Protection For Women Workers Vis-À-Vis Illegal Employment Discrimination In The United States: A Comparative Perspective In Light Of Johnson Controls, Carol D. Rasnic
Michigan Journal of International Law
This article will review the major German laws affecting women in the workplace, including clarification of the rationales of the German Bundestag (parliament). Comparative remarks regarding U.S. law and an analysis of Johnson Controls will place the two bodies of law in juxtaposition. Finally, an explanatory historical overview will allow the reader to draw his or her own conclusions as to the preferred view of the legal status of the working woman.
Women And Law In Classical Greece, Craig Y. Allison
Women And Law In Classical Greece, Craig Y. Allison
Michigan Law Review
A Review of Women in Law in Classical Greece by Raphael Sealey
Unwelcome Imports: Racism, Sexism, And Foreign Investment, William H. Lash Iii
Unwelcome Imports: Racism, Sexism, And Foreign Investment, William H. Lash Iii
Michigan Journal of International Law
This article will address the problems minorities and women face from Japanese foreign direct investment. This article focuses on Japanese direct investment because the rapid rise in Japan's direct investment in the United States, combined with a record of discrimination by Japanese firms in Japan and abroad, makes Japanese investment the best example of the problems addressed in this article. However, the discriminatory attitudes described here may well be held by other foreign investors, and therefore, the legislation proposed later in this article addresses a broader problem.
Book Review. Married Women's Separate Property In England, 1660-1833 By Susan Staves, Michael Grossberg
Book Review. Married Women's Separate Property In England, 1660-1833 By Susan Staves, Michael Grossberg
Articles by Maurer Faculty
No abstract provided.
Compromising On Abortion, Daniel O. Conkle
Compromising On Abortion, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Judicial Review And Abortion In Canada: Lessons For The United States In The Wake Of Webster V. Reproductive Health Services, 61 U. Colo. L. Rev. 537 (1990), Donald L. Beschle
Judicial Review And Abortion In Canada: Lessons For The United States In The Wake Of Webster V. Reproductive Health Services, 61 U. Colo. L. Rev. 537 (1990), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
Canada's Roe: The Canadian Abortion Decision And Its Implications For American Constitutional Law And Theory, Daniel O. Conkle
Canada's Roe: The Canadian Abortion Decision And Its Implications For American Constitutional Law And Theory, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Freedom Of Expression In A Pluralistic Society, James W. Nickel
Freedom Of Expression In A Pluralistic Society, James W. Nickel
Articles
No abstract provided.
Prurient Interest And Human Dignity: Pornography Regulation In West Germany And The United States, Mathias Reimann
Prurient Interest And Human Dignity: Pornography Regulation In West Germany And The United States, Mathias Reimann
University of Michigan Journal of Law Reform
This Article examines the regulation of pornography in West Germany and compares it to regulation in the United States. Part I provides an overview of the legal framework- constitutional and statutory-of pornography regulation in West Germany. Part II then traces the evolution of the concept of human dignity as a standard for defining pornography in West Germany, and Part III illustrates the practical impact of the idea in two widely debated recent cases. Part IV argues that West Germany's human dignity approach to pornography regulation raises important questions about how to view pornography, but that cultural and constitutional differences between …
Beating Up On Women And Old Men And Other Enormities: A Social Historical Inquiry Into Literary Sources, William I. Miller
Beating Up On Women And Old Men And Other Enormities: A Social Historical Inquiry Into Literary Sources, William I. Miller
Articles
The Icelandic sagas, besides being one of the most impressive literatures existing in any language, preserve detailed accounts of feud and legal action, and describe with intelligence and care the general techniques and strategies of dispute processing. They also contain, incidental to the narrative, information about values and law, marriage and death, householding arrangements and the systems of exchange, naming patterns, and so on, for those who care to coax such information from the texts.