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Articles 151 - 180 of 208
Full-Text Articles in Law and Gender
Keynote Address: Reproductive Rights Under Siege: Responding To The Anti-Choice Agenda Conference. University Of Michigan Law School. March 5, 2004, Nancy Northup
Michigan Journal of Gender & Law
It is great to be here with a new generation that is advocating for reproductive rights and responding to the extraordinary anti-choice agenda we currently face. I am not going to talk about that agenda directly tonight because I know that you know it. You know about the judicial appointments, you know about the parental consent laws, you know about the denial of funding for low-income women, you know about the global gag rule.
Copyright Infringement, Sex Trafficking, And Defamation In The Fictional Life Of A Geisha, Susan Tiefenbrun
Copyright Infringement, Sex Trafficking, And Defamation In The Fictional Life Of A Geisha, Susan Tiefenbrun
Michigan Journal of Gender & Law
Memoirs of a Geisha has sold and made millions for Arthur Golden since 1997. This is his first novel, and it has earned him worldwide acclaim. A feature film version directed by Steven Spielberg is in the works. The book is translated into more than twenty languages. This article uses the book and the legal controversy that ensued after its publication to ask, and hopefully answer, two questions: First, is the geisha tradition as described by Golden in his fictional biography a variant of sex trafficking and sexual slavery which, despite possible cultural justifications, should be abolished by law? Second, …
Domestic Violence And The Jewish Community, Stacey A. Guthartz
Domestic Violence And The Jewish Community, Stacey A. Guthartz
Michigan Journal of Gender & Law
In Part I of this Article, Guthartz defines the problem of domestic violence as it relates to the Jewish community. Specifically, Jewish texts and history and community understanding and exposure, that contribute to Jewish domestic abuse are examined. In Part II, the author explores Jewish solutions to domestic violence by focusing on religious remedies, community pressure, and the use of civil law. In this Article, it is submitted that it is only through an understanding of the uniqueness of "Jewish" domestic violence by domestic violence and law enforcement organizations, coupled with an understanding about domestic violence within American society by …
Advocacy In Whispers: The Impact Of The Unsaid Global Gag Rule Upon Free Speech And Free Association In The Context Of Abortion Law Reform In Three East African Countries, Patty Skuster
Michigan Journal of Gender & Law
In 2001, President George W. Bush restricted the participation in democratic processes for non-governmental organizations (NGOs) abroad by reinstating a policy restricting family planning funding granted by the United States Agency for International Development (USAID). The restriction sharply curtailed the ability to speak and to associate freely for organizations working to preserve women's health and lives. For this reason, I refer to the restriction as the Global Gag Rule (GGR). Organizations in Uganda, Ethiopia, and Kenya had begun to identify the problems associated with their countries' restrictive abortion laws. In these three countries, as elsewhere in the world, illegal abortions …
Feminist Voices In The Debate Over Single-Sex Schooling: Finding Common Ground, Rosemary C. Salomone
Feminist Voices In The Debate Over Single-Sex Schooling: Finding Common Ground, Rosemary C. Salomone
Michigan Journal of Gender & Law
This article examines the deep divide within feminist ranks with an eye toward proposing a constructive and essential role for feminist understandings as single-sex schooling inches its way toward legal acceptability and into the mainstream of educational reform. In doing so, the forces that have shaped competing perspectives on women's equality are examined, especially disagreements over sameness and difference. In the end the article looks to the Court's decision in United States v. Virginia as a road map for feminists to follow in reaching common ground on the approach, despite seemingly profound ideological differences among them.
The Marriage Dower: Essential Guarantor Of Women's Rights In The West Bank And Gaza Strip, Heather Jacobson
The Marriage Dower: Essential Guarantor Of Women's Rights In The West Bank And Gaza Strip, Heather Jacobson
Michigan Journal of Gender & Law
This Article evaluates the impact that eliminating or reducing the marriage dower would have on the well-being of Muslim women in the West Bank and Gaza Strip. Although Palestinian women's rights organizations seek to eliminate dower on the grounds that it is a "burdensome custom" that is "inconsistent with the intifada's stated goal of improving women's status," in fact, the interaction between dower and other laws relating to marriage and divorce is such that the majority of women would be materially harmed by its discontinuance. Therefore, while the movement to eliminate dower may benefit the financially secure upper class women …
Lawyers And Domestic Violence: Raising The Standard Of Practice, John M. Burman
Lawyers And Domestic Violence: Raising The Standard Of Practice, John M. Burman
Michigan Journal of Gender & Law
Lawyers and judges should be the vanguard of those working to end domestic violence and mitigate its effects, yet they are not. This article is an attempt to change that. It strives to shed some light on the profound effect domestic violence has on law and law practice, as well as the profound effect lawyers and the legal system can have on domestic violence. Part II of this article demonstrates the extent and pervasiveness of domestic violence. Part III describes how domestic violence will affect a lawyer's practice. Part IV provides guidance on what a lawyer should do to determine …
Covering Women And Violence: Media Treatment Of Vawa's Civil Rights Remedy, Sarah F. Russell
Covering Women And Violence: Media Treatment Of Vawa's Civil Rights Remedy, Sarah F. Russell
Michigan Journal of Gender & Law
This Article analyzes how newspapers described and characterized the civil rights provision over the past decade and shaped the public discourse about the law. The author examines how lower federal courts, and eventually the Supreme Court, categorized the VAWA remedy when deciding whether Congress had acted within its commerce powers. After considering why there may have been resistance in the press and in the courts to VAWA's categorization of violence against women as a civil rights issue, the author concludes by examining the remedies that have been introduced at the state and local level for victims of gender-motivated violence, and …
Whatever Happened To G.I. Jane?: Citizenship, Gender, And Social Policy In The Postwar Era, Melissa E. Murray
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.
The Logician Versus The Linguist- An Empirical Tale Of Functional Discrimination In The Legal Academy, Andrea Kayne Kaufman
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 …
The Customer Is Always Right… Not! Employer Liability For Third Party Sexual Harassment, Lea B. Vaughn
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?
"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
"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 …
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.
Reconsidering The Abuse That Dare Not Speak Its Name: A Criticism Of Recent Legal Scholarship Regarding Same-Gender Domestic Violence, Ryiah Lilith
Michigan Journal of Gender & Law
This article argues that while recent legal scholarship effectively disputes the applicability of a gendered model of domestic violence to same-gender abuse, it goes too far in embracing a completely gender-neutral model. Part I explains the theoretical problems with the non-gendered model of domestic violence by examining in detail the research which is most often cited in legal writings in support of this model. Part II briefly explores the pragmatic implications for lesbian and gay male victims of domestic violence when law enforcement policies such as mandatory arrest are based on a model of domestic violence which ignores contexts such …
Lucas Rosa V. Park West Bank And Trust Company, Katherine M. Franke
Lucas Rosa V. Park West Bank And Trust Company, Katherine M. Franke
Michigan Journal of Gender & Law
In July of 1998 something rather mundane happened: Lucas Rosa walked into Park West Bank in Holyoke, Massachusetts and asked for a loan application. Since it was a warm summer day, and because she wanted to look credit-worthy, Rosa wore a blousey top over stockings. Suddenly, the mundane transformed into the exceptional: When asked for some identification, Rosa was told that no application would be forthcoming until and unless she went home, changed her clothes and returned attired in more traditionally masculine/male clothing. Rosa, a biological male who identifies herself as female was, it seems, denied a loan application on …
Amicus Curiae Brief Of Now Legal Defense And Education Fund And Equal Rights Advocates In Support Of Plaintiff-Appellant And In Support Of Reversal In The United States Court Of Appeals For The First Curcuit Lucas Rosa V. Park West Bank And Trust Company On Appeal From The United States District Court For The District Of Massachusetts, Katherine M. Franke
Michigan Journal of Gender & Law
By dismissing the plaintiffs complaint under the Equal Credit Opportunity Act ("ECOA") on the ground that "the issue in this case is not [Rosa's] sex, but rather how he chose to dress when applying for a loan" (Bench Order at 1), the lower court erroneously established that there are no set of facts in which clothing-based sex stereotyping can form the basis of a legitimate claim of sex discrimination in access to credit. This view of the meaning and scope of the ECOA runs contrary to well-established Supreme Court precedent which prohibits, inter alia, the adverse treatment of a …
Law As A Tool For A Sexual Revolution: Israel's Prevention Of Sexual Harassment Law- 1998, Tzili Mor
Law As A Tool For A Sexual Revolution: Israel's Prevention Of Sexual Harassment Law- 1998, Tzili Mor
Michigan Journal of Gender & Law
Discussion of the newly enacted law will outline the theoretical underpinnings and their effect on the resultant version (Part III), followed by the legislative history, including the Knesset and the public debate surrounding the bill (Part IV), and the impact of that debate on the final outcome of the law (Part V). Part VI will pay particular attention to the innovative approach of the law as a whole and some of the revolutionary specific provisions within. In particular, the legislative framework will be considered in the context of a nation founded and conducted on traditional religious tenets of Judaism. Finally, …
United Nations Convention Documents In Light Of Feminist Theory, R. Christopher Preston, Ronald Z. Ahrens
United Nations Convention Documents In Light Of Feminist Theory, R. Christopher Preston, Ronald Z. Ahrens
Michigan Journal of Gender & Law
This article proposes that language identifying human rights of women in U.N. Conference documents has its origin in several different feminist theories. An understanding of these theories can help to clarify meaning, resolve inconsistencies, and predict the future direction of language in U.N. documents. Part I examines three prominent feminist theories and their relation to international law. Part II examines the history of women's rights in U.N. documents and examines the influence of feminist theory on the document language. Using the Women and the Economy section of the Fourth World Conference on Women, Platform for Action (Platform for Action), Part …
Brief For The Plaintiff-Appellant Lucas Rosa In The United States Court Of Appeals For The First Circuit Lucas Rosa V. Park West Bank And Trust Company On Appeal From The United States District Court For The District Of Massachusetts, Jennifer L. Levi, Mary L. Bonauto
Brief For The Plaintiff-Appellant Lucas Rosa In The United States Court Of Appeals For The First Circuit Lucas Rosa V. Park West Bank And Trust Company On Appeal From The United States District Court For The District Of Massachusetts, Jennifer L. Levi, Mary L. Bonauto
Michigan Journal of Gender & Law
The District Court fundamentally misconceived the law as applicable to the Plaintiffs claim by concluding that there may be no relationship, as a matter of law, between telling a bank customer what to wear and sex discrimination. It also misapplied Rule 12(b)(6) to the extent that it resolved any factual questions beyond the allegations of the Complaint regarding the basis of the Bank's different treatment of the Plaintiff. Finally, because the District Court incorrectly dismissed the single federal claim in Plaintiffs Complaint, it improperly dismissed Plaintiffs pendant state claims for want of federal court jurisdiction.
Epilogue, Jennifer L. Levi
Epilogue, Jennifer L. Levi
Michigan Journal of Gender & Law
The First Circuit reversed the district court's order dismissing Lucas Rosa's claim against Park West Bank. The appeals court's reversal seems to be part of an emerging nationwide rejection of cases from the 1970s and 1980s in which courts summarily dismissed sex discrimination claims brought by transgender plaintiffs, no matter how squarely the facts appeared to present a clear-cut case of discrimination based on sex. Creating what appeared to be a "transgender" exception to sex discrimination law, those earlier courts ignored what the First Circuit recognized here-that a bank officer who tells an applicant to go home, change, and return …
"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 …
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.
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.
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, …
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 …
Gender, Risk Taking, And Negotiation Performance, Charles B. Craver, David W. Barnes
Gender, Risk Taking, And Negotiation Performance, Charles B. Craver, David W. Barnes
Michigan Journal of Gender & Law
This Article will evaluate the impact of the confluence of two factors- gender and the availability of a credit/no-credit grading option- on student performance in Professor Craver's Legal Negotiating course at George Washington University. Our empirical assessment will analyze the results achieved on negotiation exercises and on course papers by the 612 male and female law students who took Professor Craver's course over the past eleven years. Do a greater percentage of female students take the Legal Negotiating course on a credit/no-credit basis, when that option is available, than do their male cohorts? Are the woman students who take the …
Traffic Jam: Recommendations For Civil Penalties To Curb The Recent Trafficking Of Women From Post-Cold War Russia, Christopher M. Pilkerton
Traffic Jam: Recommendations For Civil Penalties To Curb The Recent Trafficking Of Women From Post-Cold War Russia, Christopher M. Pilkerton
Michigan Journal of Gender & Law
This Article will examine the recent criminal trend of trafficking women from post-Cold War Russia into the United States. First, it will examine the Russian mafia and its development. It will also discuss the system of economic corruption that currently exists in Russia, which facilitates government involvement with this criminal activity. It will further investigate the issues surrounding trafficked women and the international anti-trafficking conventions that have been created by the United Nations. Next, it will go into a deeper discussion of the current status of relevant international law and the issues involving the International Criminal Court. Finally, this Article …
Be Careful What You Wish For: An Examination Of Arrest And Prosecution Patterns Of Domestic Violence Cases In Two Cities In Michigan, Andrea D. Lyon
Be Careful What You Wish For: An Examination Of Arrest And Prosecution Patterns Of Domestic Violence Cases In Two Cities In Michigan, Andrea D. Lyon
Michigan Journal of Gender & Law
This Article will examine six months of data on arrests for domestic violence in the cities of Ypsilanti and Ann Arbor. In order to be able to interpret what the data means Lyon did some other research. The results were surprising- for example, although women tend to be injured most severely by domestic violence, they use violence in intimate relationships a little more often than men. Part I of this Article traces a brief history of domestic violence and discusses the issue of who commits domestic violence, Part II discusses the "must arrest" and "should arrest" policies and their history, …
The Freedom To Marry For Same-Sex Couples: The Opening Appellate Brief Of Plaintiffs Stan Baker Et Al. In Baker Et Al. V. State Of Vermont, Mary Bonauto, Susan M. Murray, Beth Robinson
The Freedom To Marry For Same-Sex Couples: The Opening Appellate Brief Of Plaintiffs Stan Baker Et Al. In Baker Et Al. V. State Of Vermont, Mary Bonauto, Susan M. Murray, Beth Robinson
Michigan Journal of Gender & Law
As the first state to prohibit slavery by constitution, and one of the few states which, from its inception, extended the vote to male citizens who did not own land, the State of Vermont has long been at the forefront of this nation's march toward full equality for all of its citizens. In July 1997, three same-sex couples challenged Vermont to act as a leader yet again, this time in affording full civil rights to the State's gay and lesbian citizens. Stan Baker and Peter Harrigan, Nina Beck and Stacy Jolles, and Holly Puterbaugh and Lois Farnham were denied marriage …
Reproductive Liberty Under The Threat Of Care: Deputizing Private Agents And Deconstructing State Action, Linda Kelly
Reproductive Liberty Under The Threat Of Care: Deputizing Private Agents And Deconstructing State Action, Linda Kelly
Michigan Journal of Gender & Law
This Article uncovers the unsettling parallels between feminism and the recent restrictions on reproductive liberty in order to reveal the threat posed by the feminist ethic of care. By critically reexamining feminism's foundation and direction, the need for greater emphasis on female individuality becomes apparent. Kelly’s contention is that such a perspective, aggressively supported by the state, will ensure feminism's progress and encourage the achievement of gender equality.