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Articles 1 - 30 of 125
Full-Text Articles in Law and Gender
Transsexualism As Metaphor: The Collision Of Sex And Gender, Leslie Pearlman
Transsexualism As Metaphor: The Collision Of Sex And Gender, Leslie Pearlman
Buffalo Law Review
No abstract provided.
Homologizing Pregnancy And Motherhood: A Consideration Of Abortion, Julia E. Hanigsberg
Homologizing Pregnancy And Motherhood: A Consideration Of Abortion, Julia E. Hanigsberg
Michigan Law Review
In this essay I reconsider abortion in order to bridge what initially seem to be two opposing frameworks: first, the conception of abortion as an issue of women's bodily integrity and liberty, and second, the acknowledgement of the existence and meaning of intrauterine life. The abortion choice is indeed deeply and necessarily tied to women's bodily integrity. I will discuss how taking away women's ability to control their decision not to become mothers can be severely damaging to their very sense of self, for this denial of decisionmaking divides women from their wombs and uses their wombs for a purpose …
Professionalism, Gender And The Public Interest: The Advocacy Of Protection, Minna J. Kotkin
Professionalism, Gender And The Public Interest: The Advocacy Of Protection, Minna J. Kotkin
Faculty Scholarship
No abstract provided.
A Feminist Understanding Of Sex-Selective Abortion: Solely A Matter Of Choice, April L. Cherry
A Feminist Understanding Of Sex-Selective Abortion: Solely A Matter Of Choice, April L. Cherry
Law Faculty Articles and Essays
This essay consists of five sections. The first section describes the problem of sex-selective abortion, including an analysis of sociological data regarding adult preference for male children and its current effects. Section Two discusses various philosophical paradigms and analyses of sex-selective abortion with the goal of developing a coherent philosophical base from which to argue for a policy regarding sex-selective abortion which furthers the goals of gender equality. Section Three addresses the constitutionality of sex-selective abortion prohibitions in light of the Supreme Court's pronouncement in Planned Parenthood of Southeastern Pennsylvania v. Casey. Section Four outlines the liberal feminist response to …
We Can't Go On Together With Suspicious Minds: Judicial Bias And Racialized Perspective In R. V. R.D.S., Richard F. Devlin
We Can't Go On Together With Suspicious Minds: Judicial Bias And Racialized Perspective In R. V. R.D.S., Richard F. Devlin
Dalhousie Law Journal
In recent years it has been recognized that the Canadian judiciary has been drawn from only a relatively small cross section of the community, specifically privileged white males. As a result there have been calls for, and some action in pursuit of, appointment processes that are designed to diversify the bench in order to render it more inclusive. Gender and race are the two primary categories that are invoked as the benchmarks of diversity. While it would appear that numerically there seems to be some very modest progress towards the goal of achieving a more inclusive judiciary, significant qualitative, institutional …
Without Distinction: Recognizing Coverage Of Same-Gender Sexual Harassment Under Title Vii, Trish K. Murphy
Without Distinction: Recognizing Coverage Of Same-Gender Sexual Harassment Under Title Vii, Trish K. Murphy
Washington Law Review
Federal court decisions conflict regarding the applicability of Title VII of the Civil Rights Act of 1964 to sexual harassment cases where the alleged harasser and victim are members of the same gender. This Comment examines the courts' treatment of same-gender sexual harassment claims and argues that same-gender sexual harassment claims fall within the purview of Title VII as impermissible discrimination. In reaching this position, this Comment demonstrates that Title VII lacks gender-based limitations. It then argues that no valid justification exists for distinguishing between same-gender sexual harassment and sexual harassment involving members of different genders. Finally, this Comment suggests …
Rethinking Feminist Judging, Michael E. Solimine, Susan E. Wheatley
Rethinking Feminist Judging, Michael E. Solimine, Susan E. Wheatley
Indiana Law Journal
No abstract provided.
Important Steps And Instructive Models In The Fight To Eliminate Violence Against Women, Elizabeth M. Misiaveg
Important Steps And Instructive Models In The Fight To Eliminate Violence Against Women, Elizabeth M. Misiaveg
Washington and Lee Law Review
No abstract provided.
Fictionalizing Harassment—Disclosing The Truth, Maria L. Ontiveros
Fictionalizing Harassment—Disclosing The Truth, Maria L. Ontiveros
Michigan Law Review
A Review of Disclosure by Michael Crichton, and Bearing Witness: Sexual Harassment and Beyond—Everywoman's Story by Celia Morris
Pragmatism, Feminism, And The Problem Of Bad Coherence, Catharine Pierce Wells
Pragmatism, Feminism, And The Problem Of Bad Coherence, Catharine Pierce Wells
Michigan Law Review
A Review of Reinterpreting Property by Margaret Jane Radin
Constitutional Misconceptions, Radhika Rao
Constitutional Misconceptions, Radhika Rao
Michigan Law Review
A Review of Children of Choice: Freedom and the New Reproductive Technologies by John A. Robertson
Putting Women First, Mary Coombs
Putting Women First, Mary Coombs
Michigan Law Review
A Review of Gender, Crime, and Punishment by Kathleen Daly
The Countermajoritarian Paradox, Neal Davis
The Countermajoritarian Paradox, Neal Davis
Michigan Law Review
A Review of Liberty and Sexuality: The Right to Privacy and the Making of Roe v. Wade. by David J. Garrow
Select Bibliography Of Women's Human Rights, Valerie Oosterveld, Rebecca J. Cook
Select Bibliography Of Women's Human Rights, Valerie Oosterveld, Rebecca J. Cook
Law Publications
No abstract provided.
W Stories: Women In Leadership Positions In The Judiciary, Deanell Reece Tacha
W Stories: Women In Leadership Positions In The Judiciary, Deanell Reece Tacha
West Virginia Law Review
No abstract provided.
Women And The Law: A Century Of Achievement, Mary Beth Nolan
Women And The Law: A Century Of Achievement, Mary Beth Nolan
West Virginia Law Review
No abstract provided.
West Virginia's Pioneer Women Lawyers, Teree E. Foster, Sandra M. Fallon
West Virginia's Pioneer Women Lawyers, Teree E. Foster, Sandra M. Fallon
West Virginia Law Review
No abstract provided.
The Dilemma Of Choice: A Feminist Perspective On The Limits Of Freedom Of Contract, Gillian K. Hadfield
The Dilemma Of Choice: A Feminist Perspective On The Limits Of Freedom Of Contract, Gillian K. Hadfield
Osgoode Hall Law Journal
In this essay I explore what Michael Trebilcock's work in The Limits of Freedom of Contract offers feminists in terms of a resolution or transcendance of the dilemma of choice. Trebilcock's work does not address the deepest feminist concerns about conflicts between autonomy and welfare, but it does shed light on narrower versions of the dilemma, providing an analytical framework for the feminist dilemma of choice and emphasizing the pervasiveness of this problem in contract law. Trebilcock's recommendation that society simultaneously use different institutions to promote different values also has salience for the feminist dilemma of choice.
Second Chances: Bill C-72 And The Charter, Isabel Grant
Second Chances: Bill C-72 And The Charter, Isabel Grant
Osgoode Hall Law Journal
This paper examines the legislative response to the Supreme Court of Canada's decision in R. v. Daviault. The author argues that Bill C-72, which limits the defence of extreme intoxication, is constitutional because of its strong underpinnings in equality. The author reviews the statistics on violence against women and the role of intoxication in that violence to illustrate why the defence of intoxication raises issues of sex equality. The author argues that a court assessing the constitutionality of Bill C-72 should consider this strong foundation in equality and the fact that the Bill is the result of a careful balancing …
Pregnancy And Unemployment: Problems And Solutions?, Mark R. Brown
Pregnancy And Unemployment: Problems And Solutions?, Mark R. Brown
University of Michigan Journal of Law Reform
Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.
Women's Rights In Early England, Christine G. Clark
Women's Rights In Early England, Christine G. Clark
BYU Law Review
No abstract provided.
Harris V. Forklift Systems, Inc. Victory Or Defeat?, Laura Hoffman Roppe
Harris V. Forklift Systems, Inc. Victory Or Defeat?, Laura Hoffman Roppe
San Diego Law Review
This Casenote analyzes the significance and potential effects of the decision in Harris v. Forklift Systems, Inc., a Supreme Court case decided in November 1993. This case promulgates a framework for analysis of "hostile environment" sexual harassment claims arising under Title VII of the Civil Rights Act of 1964. The author sets forth the historical backdrop of the case, as well as exploring and comparing the effect of the decision in general with the decision's effect in the Ninth Circuit in particular. The author concludes that the Harris case potentially reduces women's chances of winning sexual harassment claims in the …
Report On The Consultation With The Maritime School Of Social Work Community, Dianne Pothier
Report On The Consultation With The Maritime School Of Social Work Community, Dianne Pothier
Dianne Pothier Collection
In my assessment there is a genuine and strong commitment to affirmative action and anti-racism at the MSSW. But that in itself is only the beginning. Real cross cultural understanding is a major challenge, and needs to be constantly worked at. In the process, mistakes will be made on all sides. Allowances need to be made for that. The School looks at itself compared to other institutions; critics look at the School compared to an ideal world. Neither perspective holds the complete truth. The MSSW needs to continue to work at the effectiveness of its affirmative action program, defining that …
Sex And Temperament In Modern Society: A Darwinian View Of The “Glass Ceiling” And The “Gender Gap” In Compensation, Kingsley R. Browne
Sex And Temperament In Modern Society: A Darwinian View Of The “Glass Ceiling” And The “Gender Gap” In Compensation, Kingsley R. Browne
Law Faculty Research Publications
No abstract provided.
The Effects Of Gender Composition In Academic Departments On Faculty Turnover, Pamela S. Tolbert, Tal Simons, Alice Andrews, Jaehoon Rhee
The Effects Of Gender Composition In Academic Departments On Faculty Turnover, Pamela S. Tolbert, Tal Simons, Alice Andrews, Jaehoon Rhee
ADVANCE Library Collection
Using data collected from a sample of 50 academic departments over the years 1977-88, the authors test several hypotheses about the effects of departmental gender composition on faculty turnover. They find that as the proportion of women in a department grew, turnover among women also increased, confirming the prediction that increases in the relative size of a minority will result in increased intergroup competition and conflict. The evidence also suggests, however, that when the proportion of female faculty reached a threshold of about 35-40%, turnover among women began to decline. The proportion of women had a negligible or negative impact …
Feminism And The False Dichotomy Of Victimization And Agency, Elizabeth M. Schneider
Feminism And The False Dichotomy Of Victimization And Agency, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Epilogue: Making Reconceptualization Of Violence Against Women Real, Elizabeth M. Schneider
Epilogue: Making Reconceptualization Of Violence Against Women Real, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Person Or Thing - In Search Of The Legal Status Of A Fetus: A Survey Of North Carolina Law, Tony Hartsoe
Person Or Thing - In Search Of The Legal Status Of A Fetus: A Survey Of North Carolina Law, Tony Hartsoe
Campbell Law Review
What is the status of a fetus in North Carolina? This the primary question addressed by Mr. Hartsoe as he analyzes and critiques the case law and statutory enactments which deal with this question. While there is some case law and statutory authority on point, Mr. Hartsoe concludes that there is an overall paucity of law which defines the legal status of a fetus and, furthermore, the law that does exist is inconsistent. As such, Mr. Hartsoe examines the legal status of a fetus in North Carolina in the areas of wrongful death, prenatal injury, criminal law, wrongful life, wrongful …
From Human Rights Law To Program Reality: Vienna, Cairo, And Beijing In Perspective Conference On The Interventional Protection Of Reproductive Rights, Mona Zulficar
American University Law Review
No abstract provided.
Remarks Cecilia Medina-Quiroga Conference On The Interventional Protection Of Reproductive Rights: Reproduction, Rights, And Reality: How Facts And Law Can Work For Women , Cecelia Medina-Quiroga
Remarks Cecilia Medina-Quiroga Conference On The Interventional Protection Of Reproductive Rights: Reproduction, Rights, And Reality: How Facts And Law Can Work For Women , Cecelia Medina-Quiroga
American University Law Review
No abstract provided.