Open Access. Powered by Scholars. Published by Universities.®

Law and Gender Commons™

Open Access. Powered by Scholars. Published by Universities.®

1999

Discipline
Institution
Keyword
Publication
Publication Type

Articles 121 - 137 of 137

Full-Text Articles in Law and Gender

From Office Ladies To Women Warriors?: The Effect Of The Eeol On Japanese Women, Jennifer S. Fan Jan 1999

From Office Ladies To Women Warriors?: The Effect Of The Eeol On Japanese Women, Jennifer S. Fan

Articles

In this Article, Jennifer Fan argues that existing laws in Japan do not adequately protect working women from sex discrimination. Specifically, Fan examines the Equal Employment Opportunity Law (EEOL), a law designed to prevent discrimination against women in the workplace, and concludes that the EEOL is little more than a paper tiger that preserves the status quo. After briefly discussing the legal sources of protection for working women in Japan before the passage of the EEOL, Fan examines the creation of the EEOL, its substantive provisions, and its legal impact. Through her analysis of recent sexual harassment cases in light …


The End Of The North Carolina Abortion Fund, Paul Stam Jan 1999

The End Of The North Carolina Abortion Fund, Paul Stam

Campbell Law Review

This Article supports the court's position that there is no state constitutional right to state funding of abortion. It focuses on three areas often neglected by appellate courts. First, this article will look at the legal environment in which the Constitution of 1868 was adopted. As of 1868, the law of North Carolina would have been hostile to a claim of a right to abortion or a right to state funding of abortion. Abortion rights litigants offer several state cases as precedent for their position. Next, this article will demonstrate that many of these cases are not persuasive or are …


British Masculinities, Canadian Lawyers, W. Wesley Pue Jan 1999

British Masculinities, Canadian Lawyers, W. Wesley Pue

All Faculty Publications

This paper explores the construction of early twentieth century Canadian legal professionalism as the workings-out of Britishness understood through the lenses of cultural history, cultures of imperialism, and gender relations. It provides a case study in the histories of professionalism in a settler colony.


The First Women Members Of The Supreme Court Bar, 1879-1900, Mary Clark Jan 1999

The First Women Members Of The Supreme Court Bar, 1879-1900, Mary Clark

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Litigation Against Employment Penalties For Pregnancy, Breastfeeding, And Childcare, Candace Kovacic-Fleischer Jan 1999

Litigation Against Employment Penalties For Pregnancy, Breastfeeding, And Childcare, Candace Kovacic-Fleischer

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Lesbians, Legal Theory And Other Superheroes, Book Review Of Ruthann Robson’S Sappho Goes To Law School: Fragments In Lesbian Legal Theory, Kris Franklin, Sarah Chinn Jan 1999

Lesbians, Legal Theory And Other Superheroes, Book Review Of Ruthann Robson’S Sappho Goes To Law School: Fragments In Lesbian Legal Theory, Kris Franklin, Sarah Chinn

Articles & Chapters

No abstract provided.


Foreword, “Symposium 1999: Women, Equity And Federal Tax Policy: Open Questions.” ., Ann F. Thomas Jan 1999

Foreword, “Symposium 1999: Women, Equity And Federal Tax Policy: Open Questions.” ., Ann F. Thomas

Articles & Chapters

No abstract provided.


Violence Against Women In South Africa: The Role Of Culture And The Limitations Of The Law, Penelope Andrews Jan 1999

Violence Against Women In South Africa: The Role Of Culture And The Limitations Of The Law, Penelope Andrews

Articles & Chapters

This paper describes the role of culture in perpetuating violence against women. It does this by contextualizing violence against women in South Africa within the grand project of transformation taking place there, and highlighting the possibilities of fundamental restructuring, with respect to rights and equality for women, when the feminist project intersects with the non-racial project. The paper, therefore, visits a familiar question, namely, the obstacles to transformation when the eradication of racism takes precedence over the elimination of sexism, as it historically has in South Africa. In addition, this paper describes recent attempts by the legislature and courts in …


Whose Security Is It? Military Violence Against Women During Peacetime, Cathleen Caron Jan 1999

Whose Security Is It? Military Violence Against Women During Peacetime, Cathleen Caron

Human Rights Brief

No abstract provided.


Liberalism And Abortion, Robin West Jan 1999

Liberalism And Abortion, Robin West

Georgetown Law Faculty Publications and Other Works

First in a groundbreaking book, Breaking the Abortion Deadlock: From Choice to Consent, published in 1996, then in various public fora, from academic conference panels to Christian radio call-in shows, and now in a major law review article entitled My Body, My Consent: Securing the Constitutional Right to Abortion Funding, Eileen McDonagh has sought to redefine drastically our understanding of the still deeply contested right to an abortion, and hence, of the nature of the constitutional protections which in her view this embattled right deserves. Her argument is complicated and subtle, but its basic thrust can be readily …


Redefining The State's Response To Domestic Violence: Past Victories And Future Challenges, Deborah Epstein Jan 1999

Redefining The State's Response To Domestic Violence: Past Victories And Future Challenges, Deborah Epstein

Georgetown Law Faculty Publications and Other Works

What role should the state play in the fight against domestic violence? Although most activists in the early domestic abuse movement viewed government institutions with a robust dose of suspicion, over time they began to look to the state for substantial assistance. During this period-the late sixties and seventies-increased hope for a positive governmental role appeared to be well-founded. The civil rights, feminist, and labor movements had pushed the federal government into expanding civil liberty guarantees and economic protections. Laws were enacted prohibiting sex- and race-based discrimination, health care got a strong boost through the creation of Medicaid and Medicare, …


Effective Intervention In Domestic Violence Cases: Rethinking The Roles Of Prosecutors, Judges, And The Court System, Deborah Epstein Jan 1999

Effective Intervention In Domestic Violence Cases: Rethinking The Roles Of Prosecutors, Judges, And The Court System, Deborah Epstein

Georgetown Law Faculty Publications and Other Works

Despite over two decades of reform, fundamental failures persist in the justice system's response to domestic violence. Society now widely accepts elimination of intrafamily abuse as a crucial goal, and it has been illegal in most states since the late nineteenth century. But the problem remains one of epidemic proportions. As documented in Part I of this Article, battering by husbands, ex-husbands, or lovers is the single largest cause of injury to women in the United States, and accounts for approximately thirty percent of all murders of women. Physical aggression occurs in at least one out of four marriages, and …


Silence Broken: Gebser's New Standard Of School Liability For Title Ix Sexual Harassment, Callie R. Owen Jan 1999

Silence Broken: Gebser's New Standard Of School Liability For Title Ix Sexual Harassment, Callie R. Owen

Kentucky Law Journal

No abstract provided.


Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury Jan 1999

Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury

Faculty Scholarship

The Supreme Court increasingly has interpreted the Equal Protection Clause as a mandate for the state to treat citizens as if they were equal-as a limitation on the state's ability to draw distinctions on the basis of characteristics such as race and, to a lesser extent, gender. In the context of race, the Court has struck down not only race-specific policies designed to harm the historically oppressed, but race conscious policies designed to foster racial equality. Although in theory the Court has left open the possibility that benign uses of race may be constitutional under some set of facts, in …


Reviving The Public/Private Distinction In Feminist Theorizing Symposium On Unfinished Feminist Business, Tracy E. Higgins Jan 1999

Reviving The Public/Private Distinction In Feminist Theorizing Symposium On Unfinished Feminist Business, Tracy E. Higgins

Faculty Scholarship

The public/private distinction has been a target of thoroughgoing feminist critique for quite some time now. Indeed, attacking the public/private line has been one of the primary concerns (if not the primary concern) of feminist legal theorizing for over two decades. If Carole Pateman is correct, one would think that this particular problem might be assigned to the category of "finished business" by this time. In this Essay, I do argue that the critique is, in certain ways, finished business in that it is no longer particularly useful in its most common forms. More importantly, however, I suggest several ways …


Chimera Or Jackalope? Department Of Defense Efforts To Apply Civilian Sexual Harassment Criteria To The Military, Michael F. Noone Jr. Jan 1999

Chimera Or Jackalope? Department Of Defense Efforts To Apply Civilian Sexual Harassment Criteria To The Military, Michael F. Noone Jr.

Scholarly Articles

No abstract provided.


Do Wives Own Half? Winning For Wives After Wendt, Joan C. Williams Jan 1999

Do Wives Own Half? Winning For Wives After Wendt, Joan C. Williams

Faculty Scholarship

No abstract provided.