Law and Gender Commons^™

Emroch Lecture: Uncertainties In The Law Of Sexual Harassment, Susan Webber Wright

University of Richmond Law Review

The Emroch Lecture Series was established through the generosity of the late Mr. Emmanuel Emroch, his wife Bertha, and their many friends and associates. The endowment is currently supported by Mr. Emroch's son and daughter-in-law, Mr. & Mrs. Walter Emroch. Mr. Emroch received a B.A. degree from the University of Richmond in 1928 and a J.D. degree from the University of Richmond School of Law in 1931. The Honorable Susan Webber Wright presented this address as the Thirteenth Annual Emroch Lecture on November 12, 1998, at the University of Richmond School of Law.

Second Circuit: Study Of Gender, Race, And Ethnicity, George Lange Iii

University of Richmond Law Review

In 1993, at the request of then Chief Judge Jon O. Newman, the Judicial Council of the Second Circuit created a Task Force on Gender, Racial, and Ethnic Fairness in the Courts. The Task Force, which was comprised of six judicial officers and a citizen participant from each of the Circuit's three states, was asked to study issues of gender, race, and ethnicity in the courts of the Second Circuit, and to report back to the Judicial Council on its findings and recommendations.

Third Circuit: Gender, Race, And Ethnicity- Task Force On Equal Treatment In The Courts, Dolores K. Sloviter

University of Richmond Law Review

The March 1993 vote of the Judicial Conference of the United States endorsing the provision of the proposed Violence Against Women Act that encouraged circuit judicial councils to conduct studies with respect to gender bias in their respective circuits provided an official imprimatur of approval to such inquiries by the policy making body of the federal courts. Thereafter, the extent to which each federal circuit undertook to accept the invitation to proceed may have depended in large part on the zeal for the inquiry by the chief judge of the circuit or his or her delegated committee.

Ninth Circuit: The Gender Bias Task Force, Procter Hug Jr., Marilyn L. Huff, John C. Coughenour

University of Richmond Law Review

In 1990, the federal courts of the Ninth Circuit began to examine the effects of gender on the business of the courts. The pioneering FinalReport of the Ninth Circuit Gender Bias Task Force1 was issued in July 1993 and the Ninth Circuit has worked to implement the task force's recommendations for several years. To assist others setting forth on a similar journey, this article summarizes the circuit's experience in undertaking a study of this magnitude and duration.

D.C. Circuit: Study Of Gender, Race, And Ethnic Bias, John Garrett Penn, Matthew J. Devries

University of Richmond Law Review

The District of Columbia Circuit became the first federal circuit to establish a Task Force on race and gender bias. In 1992, the Task Force, which was comprised of judges from the D.C. Circuit, created two committees-the Special Committee on Gender and the Special Committee on Race and Ethnicity-to assist the Task Force in its research. The committees were comprised of academics, social science advisors of national recognition, and leading attorneys.

Fourth Circuit: The Judicial Council's Review On The Need For A Gender Bias Study, Samuel W. Phillips

University of Richmond Law Review

In 1993, the Women Judges Fund for Justice, the National Association of Women Judges, and the National Center for State Courts, sponsored a four-day conference (March 18-21) in Williamsburg, Virginia, entitled "Second National Conference on Gender Bias in the Courts: Focus on Follow-up." Then Chief Circuit Judge Sam J. Ervin, III, designated the Deputy Circuit Executive to attend the conference on behalf of the Fourth Circuit. The Deputy also attended, along with a Fourth Circuit U.S. Magistrate Judge (now a U.S. District Judge), the Federal Judicial Center Gender Bias Task Force Workshop in Washington, D.C. (August 5-6, 1993).

Eighth Circuit: Gender Fairness Task Force, Lyle E. Strom

University of Richmond Law Review

In July of 1993, the Judicial Council of the Eighth Circuit adopted a resolution for the creation of a task force to study and report on the impact or effect of gender in the administration of justice in the Eighth Circuit. Chief Judge Richard Arnold appointed United States District Judge Diana Murphy of Minnesota to establish the Task Force. A task force of thirty members, consisting of circuit, district, magistrate and bankruptcy judges, employees of the courts, representatives from the offices of the United States Attorneys and Federal Public Defenders, attorneys who practice in federal court, and professors of law, …

Tenth Circuit: Gender Bias Study- Continuing Education And Training, David M. Ebel

University of Richmond Law Review

The Tenth Circuit Study of Gender Bias and Sexual Harassment was initiated in September 1995 with a study of the District of Wyoming. Prior to that time a number of federal courts and individual states had undertaken comprehensive studies of gender bias. Most of the existing literature was based upon quantitative data using survey research methodology calculated to obtain a number of confidential responses, which produced substantial valuable information.

Fifth Circuit: Study Of Gender Bias, Gregory A. Nussel

University of Richmond Law Review

In October 1993, in response to a recommendation in the

Report of the National Commission on Judicial Discipline and Removal, Chief Judge Henry A. Politz appointed a Special Committee of the Fifth Circuit Judicial Council to consider and recommend whether a study of gender bias in the Fifth Circuit should be made. The Special Committee, composed of two circuit judges, two district judges, and one magistrate judge, reported its findings to the Judicial Council during a biannual meeting in June 1994.

Eleventh Circuit: "Executive Summary" - Report Of The Eleventh Circuit Task Force On Gender Bias, Joseph W. Hatchett

University of Richmond Law Review

In 1993 the Eleventh Circuit Judicial Council's Task Force on Gender Bias was established. It was the Mandate of this Task Force to study the effects of gender in the Eleventh Circuit and the courts that comprise the Eleventh Circuit. The Task Force elected to employ survey methods to discover whether or not various members of the court family believed that gender bias existed, if so in what form, and whether or not such bias affects the judicial process.

Islam, Law And Custom: Redefining Muslim Women's Rights, Azizah Y. Al-Hibri

Law Faculty Publications

In discussing personal status codes, the article focuses on three specific issues: the right of a woman to contract her own marriage, the duty of the wife to obey her husband, and the right of the wife to initiate divorce. There are several good reasons for focusing on these issues. Foremost among them is the fact that they have been and continue to be of great concern to Muslim women. Another reason is that despite their diverse subject matter, these three issues are based on the same jurisprudential foundation. Hence, our discussion and critical analysis of that foundation will have …

Marriage And Divorce: Legal Foundations, Azizah Y. Al-Hibri

Law Faculty Publications

This unique reference is a comprehensive encyclopedia dedicated to the institutions, religion, politics, and culture in Muslim societies throughout the world. Placing particular emphasis on the nineteenth and twentieth centuries, The Oxford Encyclopedia of the Modern Islamic World contains over 750 articles in four volumes on Muslims in the Arab heartland as well as South and Southeast Asia, Europe, and the Americas.

An invaluable resource, the Encyclopedia offers extensive comparative and systematic analyses of Islamic beliefs, institutions, movements, practices, and peoples on an international scale. The alphabetically arranged articles range from brief 500-word essays to major interpretive and synthetic treatment …

Family Planning And Islamic Jurisprudence, Azizah Y. Al-Hibri

Law Faculty Publications

In this speech, the author provides a brief overview of Islamic jurisprudence on the subject matter and does not recommend any particular position with respect to the debate on family planning. The author, however, wishes to emphasize to the reader the importance of correctly analyzing arguments and factors involved in the particular situation under consideration, in light of all relevant communal as well as individual factors. The author also wishes to emphasize the importance of formulating all such analysis free from all forms of compulsion and coercion, whether conscious or subconscious, individual or organized, including that of targeted advertising campaigns. …

The Case For A Feminist Torts Casebook, Carl W. Tobias

Law Faculty Publications

Professor Leslie Bender's recent essay, An Overview of Feminist Torts Scholarship, contributes substantially to the construction of feminist perspectives on tort law. She carefully and comprehensively surveys burgeoning feminist scholarship in the field of torts. Professor Bender closely examines feminist histories of substantive tort law, the application of feminist theory to tort doctrine, to tort law concepts, and to the teaching of torts, tort issues that are important to women's lives, social science research involving feminism and torts, book reviews that are relevant to feminist tort law, and overviews of material that implicate feminist viewpoints of torts. After Professor Bender …

Montana Fight Over Women's Rights, Carl W. Tobias

Law Faculty Publications

Report of abortion protests that took place in various locations around Montana.

The Federal Judiciary Engendered, Carl W. Tobias

Law Faculty Publications

The dearth of women named to cabinet level positions in the George H.W. Bush Administration does not augur well for appointment of women to the federal bench. Equally discouraging was Mr. Bush's campaign response to the question whether there should be special efforts to select more women for the federal judiciary: "[I] remain committed to appointing to the bench the best qualified candidates we can find-regardless of ... gender--and the record shows that we have been successful in fulfilling this commitment. " The record compiled by the Administration in which he served as Vice-President for two terms was deplorable.

To …

Respect For Diversity: The Case Of Feminist Legal Thought, Carl W. Tobias

Law Faculty Publications

Respect for diversity was one quality many faculty members considered significant when searching in 1987 for a new dean of the University of Michigan School of Law. Yet other so-called elite law schools and less prestigious institutions recently have evinced little concern for diversity and even indifference toward the idea. Tenure and appointment disputes at several Ivy League schools have sparked heated controversy and call into question their institutional commitments to diversity. Those disputes have involved the legitimacy of work by women in legal theory and feminist legal thought, although considerable contentious activity also seems to reflect a general lack …

Gender Issues And The Prosser, Wade, And Schwartz Torts Casebook, Carl W. Tobias

Law Faculty Publications

Feminist jurisprudence is burgeoning. During the 1980s, there has been much excellent work in areas such as legal theory and practice, women's legal history, and specific substantive fields of law. Some law faculty also have analyzed gender bias in legal casebooks. Moreover, the eighth edition of William Prosser's renowned Cases and Materials on Torts, the most widely used torts casebook in American law schools, is scheduled for classroom use in the autumn of 1988. All of these developments make this a promising time to consider gender issues and Prosser, Wade, and Schwartz. This paper is meant to begin that discussion …

Sex Discrimination In Pension And Retirement Annuity Plans After Arizona Governing Committee V. Norris: Recognizing And Remedying Employer Non-Compliance, Mary L. Heen

Law Faculty Publications

This article is intended to help employees and practitioners determine whether an employer's pension or annuity plan violates Title VII, and if so, to identify the scope of relief which may be obtained. Part I discusses the Supreme Court's decision in Arizona Governing Committee v. Norris. Part II discusses the various types of pension and retirement plans, and describes how to identify sex discrimination in typical plans. Part ill briefly addresses the more difficult question of how to remedy employer non-compliance, and discusses the relief issues raised by both retirees and present employees (with reagard to benefits based on post-Norris …

A Review Of Federal Court Decisions Under Title Vii Of The Civil Rights Act Of 1964, Mary L. Heen

Law Faculty Publications

Fifteen essays examine the highly emotional debate, considering discussions by unions, state legislatures, and the courts.