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Articles 181 - 207 of 207

Full-Text Articles in Law and Gender

Cultural Resistance To Global Governance, Joel Richard Paul Jan 2000

Cultural Resistance To Global Governance, Joel Richard Paul

Michigan Journal of International Law

This article maps out the terrain in which state actors and legal scholars make claims premised on a cultural exception to justify derogating from international legal norms. The author’s aim is to understand why some of these claimed cultural practices displace international legal norms, while other practices are dismissed as violating international legal norms. Part II will examine this discourse in relation to the rights of women and sexual minorities. This article will show that the international community generally regards gender norms as cultural and the international legal norm of gender equality usually defers to national cultural practices. Part III …

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Civilizing The Natives: Marriage In Post-Apartheid South Africa, David L. Chambers Jan 2000

Civilizing The Natives: Marriage In Post-Apartheid South Africa, David L. Chambers

Articles

South Africa is a land of many cultures. For several hundred years, British and Afrikaaner whites controlled the country, systematically manipulating black people to the whites' advantage. For the most part, however, whites tolerated the continuation within black communities of traditional marriage practices that white Christians considered uncivilized. In 1994, South Africa changed governments. A black majority Parliament came to power, adopting a consitution dedicated to equality and human dignity. Four years later, Parliament adopted a new marriage law that, though permitting some of the external trappings of the traditional marriage system to continue, eliminated by law much of the …

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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 Jan 1999

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 …

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'M' Is For The Many Things That 'Mother' Means Family Life Has Changed, But Family Law Hasn't Kept Pace, Jane C. Murphy May 1998

'M' Is For The Many Things That 'Mother' Means Family Life Has Changed, But Family Law Hasn't Kept Pace, Jane C. Murphy

All Faculty Scholarship

No abstract provided.

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Las Olvidadas -- Gendered In Justice/Gendered Injustice: Latinas, Fronteras And The Law, Berta E. Hernández-Truyol Apr 1998

Las Olvidadas -- Gendered In Justice/Gendered Injustice: Latinas, Fronteras And The Law, Berta E. Hernández-Truyol

UF Law Faculty Publications

This Article will study Latinas in the United States and develop a framework that aims to eradicate injustices Latinas experience by importing the voices of las olvidadas into the heart of rights-talk, thus placing Latinas in justice. First, the piece will identify who the olvidadas are-unseen, unheard, and virtually non-existent in the world of law as well as in the myriad other worlds they inhabit. Parts III and IV consider structural roadblocks-first external and then internal-that conspire to perpetuate Latina invisibility and disempowerment, keeping Latinas from justice. Part V presents the locations and positions of Latinas who suffer intimate violence …

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Assesing The Family And Medical Leave Act In Terms Of Gender Equality, Work/Family Balance, And The Needs Of Children, Angie K. Young Jan 1998

Assesing The Family And Medical Leave Act In Terms Of Gender Equality, Work/Family Balance, And The Needs Of Children, Angie K. Young

Michigan Journal of Gender & Law

While recognizing that parental leave is only one aspect of the FMLA, this Article concentrates on the provision allowing leave to parents in order to care for their children. Before analyzing the FMLA in detail, it is helpful to explore what aims a parental-leave policy should have. The purpose of this Article is to propose and defend three goals that parental-leave legislation should strive to meet: equality of career opportunities for men and women, the right to participate in both work and family, and meeting the needs of children. After articulating what parental-leave legislation should aim for in theory, this …

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U.S. Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Julia Ernst Jan 1996

U.S. Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Julia Ernst

Michigan Journal of Gender & Law

The purpose of this article is to highlight the need for ratification of the Convention by the United States, and to address arguments against ratification. Various concerns have been raised with respect to CEAFDAW, both specific to the United States and more international in scope. Some problems pertain to United States ratification generally, other issues concern potential conflicts between specific articles of the Convention and U.S. law, and broader problems have been raised with respect to international implementation. Most of these issues are not uncommon in international agreements, and may therefore be remedied through conventional mechanisms, including implementing legislation, reservations, …

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Book Review: From Basic Needs To Basic Rights: Women's Claim To Human Rights. Edited By Margaret A. Schuler. Washington, D.C.: Women, Law And Development International, 1995. 597 Pages., Joel Armstrong Schoenmeyer Jan 1996

Book Review: From Basic Needs To Basic Rights: Women's Claim To Human Rights. Edited By Margaret A. Schuler. Washington, D.C.: Women, Law And Development International, 1995. 597 Pages., Joel Armstrong Schoenmeyer

Michigan Journal of Gender & Law

In the review of this work, Schoenmeyer will adhere to the structure provided by Schuler. In doing so, he will give an overview of the topics addressed in each individual section and then attempt to tie together and further analyze some of the book's main concepts.

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The Countermajoritarian Paradox, Neal Davis May 1995

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

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The Anticaste Principle, Cass R. Sunstein Aug 1994

The Anticaste Principle, Cass R. Sunstein

Michigan Law Review

In this essay, I seek to defend a particular understanding of equality, one that is an understanding of liberty as well. I call this conception "the anticaste principle." Put too briefly, the anticaste principle forbids social and legal practices from translating highly visible and morally irrelevant differences into systemic social disadvantage, unless there is a very good reason for society to do so. On this view, a special problem of inequality arises when members of a group suffer from a range of disadvantages because of a group-based characteristic that is both visible for all to see and irrelevant from a …

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Employment Discrimination Law In Perspective: Three Concepts Of Equality, John J. Donohue Iii Aug 1994

Employment Discrimination Law In Perspective: Three Concepts Of Equality, John J. Donohue Iii

Michigan Law Review

The essay begins with a discussion of which groups deserve the protection of employment discrimination law. With the protected categories of Title VII of the 1964 Civil Rights Act etched into the American consciousness, many might consider the appropriate categories to be fully self-evident. But of course, they are not, and many jurisdictions continue to struggle over whether certain dispreferred groups merit the law's solicitude.

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A Comment On The Canadian Bar Association's Gender Equality Task Force Report, Dianne Pothier Oct 1993

A Comment On The Canadian Bar Association's Gender Equality Task Force Report, Dianne Pothier

Dalhousie Law Journal

The Canadian Bar Association's Gender Equality Task Force Report sets out to challenge the traditions of a male model of the legal profession. The title of the Report, Touchstones for Change: Equality, Diversity, and Accountability, announces the challenge. Although in a formal sense the legal profession has been open to women since well before the Judicial Committee of the Privy Council acknowledged women's eligibility to be Senators, the sad truth is that, in many respects, the legal profession is still not a welcoming environment to women. While women are entering the profession in greater numbers than ever before, they are …

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International Human Rights And Feminism: When Discourses Meet, Karen Engle Jan 1992

International Human Rights And Feminism: When Discourses Meet, Karen Engle

Michigan Journal of International Law

In this article, the author brings some of the issues identified and discussed in domestic law into public international law, through an analysis of that area of human rights law pertaining to women. Although she is inspired by the domestic debate, her purpose here is not specifically to critique or defend rights. Rather, to explore the various ways that advocates of international women's rights have deployed, and at the same time critiqued, existing rights frameworks in order to achieve change for women. In doing so, the author analyzes the multiple roles that rights discourse plays in the advocacy of women's …

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Note, The Convention For The Elimination Of All Forms Of Discrimination Against Women: Radical, Reasonable, Or Reactionary?, Sarah C. Zearfoss Jan 1991

Note, The Convention For The Elimination Of All Forms Of Discrimination Against Women: Radical, Reasonable, Or Reactionary?, Sarah C. Zearfoss

Michigan Journal of International Law

This Note will explore the merits behind these positions and attempt a resolution. If the potential effect of the Convention can only be to freeze and enshrine sex equality law as it currently exists, one who is interested in achieving changes in the law for the purpose of benefiting women will not want to put her energy into lobbying for ratification. It is therefore important to get past political strategies and determine what promise the Convention might hold for women in the United States. If the United States were to ratify the Convention, what changes, if any, would result?

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Nurturin Rights: An Essay On Women, Peace, And International Human Rights, Barbara Stark Jan 1991

Nurturin Rights: An Essay On Women, Peace, And International Human Rights, Barbara Stark

Michigan Journal of International Law

This essay will explore the relationship between what many view as the two most urgent issues of our time: nurturing rights, and promoting peace.

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Women And Contracts: No New Deal, Elizabeth S. Anderson May 1990

Women And Contracts: No New Deal, Elizabeth S. Anderson

Michigan Law Review

A Review of The Sexual Contract by Carole Pateman

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Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West Jan 1990

Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West

Georgetown Law Faculty Publications and Other Works

During the 1980s a handful of state judges either held or opined in dicta what must be incontrovertible to the feminist community, as well as to most progressive legal advocates and academics: the so-called marital rape exemption, whether statutory or common law in origin, constitutes a denial of a married woman's constitutional right to equal protection under the law. Indeed, a more obvious denial of equal protection is difficult to imagine: the marital rape exemption denies married women protection against violent crime solely on the basis of gender and marital status. What possibly could be less rational than a statute …

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The Obliging Shell: An Informal Essay On Formal Equal Opportunity, Patricia Williams Aug 1989

The Obliging Shell: An Informal Essay On Formal Equal Opportunity, Patricia Williams

Michigan Law Review

I am struck by the Court's use of the word "equality" in the last line of its holding. It seems an extraordinarily narrow use of "equality," when it excludes from consideration so much clear inequality. It, again, resembles the process by which the Parol Evidence Rule limits the meaning of documents or words by placing beyond the bounds of reference anything that is inconsistent, or, depending on the circumstances, even that which is supplementary. It is this lawyerly language game of exclusion and omission that is the subject of the rest of this essay.

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Report Of The New York Task Force On Women In The Courts Jan 1987

Report Of The New York Task Force On Women In The Courts

Fordham Urban Law Journal

Charged by the New York State Unified Court System with the responsibilities of reviewing and reporting on gender biases existing throughout the New York legal industry, the New York Task Force on Women, comprised of judges, leading practitioners, and academic scholars, set forth a plethora of evidence revealing the depth of gender biases in the New York legal industry. Concluding that gender bias is rampant and pervasive both in the court system and in the private legal industry, the Report reasons that the quickest and most effective way by which reform can be achieved is through the enlistment of the …

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Judging And Equality: Quis Custodiet Ipsos Custodes?, Edward J. Mcbride Sep 1986

Judging And Equality: Quis Custodiet Ipsos Custodes?, Edward J. Mcbride

Dalhousie Law Journal

"Equality," like law, politics, and life itself, displays myriad aspects. Reflections on equality, therefore, must take many differentforms, as this volume will subsequently demonstrate. Now that Canada has entrenched equality as a constitutional value, facets of the issue seem to proliferate, almost without end. Questions abound: Will the equality guarantees be confined to public action only? What constitutes public action? Will the enumerated categories protected against discrimination be supplemented by incorporation of unenumerated categories? Will a conventional liberal point of view inform the development of equality under the Charter? What part will a crystallizing feminist perspective play in the process? …

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Judging And Equality: For Whom Does The Chartertoll?, A Wayne Mackay Sep 1986

Judging And Equality: For Whom Does The Chartertoll?, A Wayne Mackay

Dalhousie Law Journal

While it may be in questionable taste to begin an article on equality with a poem that uses "man" in the global sense, John Donne's words do evoke a sense of community that feminists would applaud.' The tension between an individualistic and communitarian approach to the world is crucial to how equality will be defined in Canada. Violations of equality diminish the rights and dignity of all Canadians and not just the particular individuals or the specific groups who are the immediate victims of inequality. This recognition is only the beginning of the complex task of defining equality as guaranteed …

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Equality, Efficiency And Judicial Restraint: Towards Adynamic Constitution, Peter Rogers Sep 1986

Equality, Efficiency And Judicial Restraint: Towards Adynamic Constitution, Peter Rogers

Dalhousie Law Journal

Whatever else may be meant by "equality" in specific contexts, its ordinary usage requires a comparison of the political, social, and economic conditions of different members of society. Equality theories are normative theories that explain which differences in condition are justifiable, and which are unacceptable. In short, equality is about the distribution of social benefits and burdens; equality rights are rights to distributive justice.

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Equality, Ideology And Oppression: Women And Thecanadian Charter Of Rights And Freedoms, N Colleen Sheppard Sep 1986

Equality, Ideology And Oppression: Women And Thecanadian Charter Of Rights And Freedoms, N Colleen Sheppard

Dalhousie Law Journal

The major objective of this article is to contribute to an understanding of the potential impact of the equality provisions of the Canadian Charter of Rights and Freedoms2 on the lives of women. This requires an awareness of the realities of women's inequality in our society, an understanding of the legal conceptualization of equality, and a consideration of the role of "law" in remedying societal injustice. My focus in this article is on the second concern-that is, on legal theories of equality as they relate to women. I begin with a brief outline of the conflicting ideological approaches that infuse …

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Prostitution And Pornography: Beyond Formalequality, Christine Boyle, Sheila Noonan Sep 1986

Prostitution And Pornography: Beyond Formalequality, Christine Boyle, Sheila Noonan

Dalhousie Law Journal

Both issues that are the subject of this paper raise questions relating to the meaning and application of section 15 of the Canadian Charter ofRights and Freedoms.' They provide case studies of the difficulties in putting an abstract concept, such as equality, into practical legal effect.

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Women, Pensions And Equality, Susannah Worth Rowley Sep 1986

Women, Pensions And Equality, Susannah Worth Rowley

Dalhousie Law Journal

A society's values are reflected in its treatment of the elderly. The relationship of the aged to the rest of the population and the social and economic hierarchy within the aged as a group provide tangible and graphic evidence of a society's most fundamental values and attitudes. Who is rewarded and for what? What qualities and contributions are valued, and to what extent?

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From False Paternalism To False Equality: Judicial Assaults On Feminist Community, Illinois 1869-1895, Frances Olsen Jun 1986

From False Paternalism To False Equality: Judicial Assaults On Feminist Community, Illinois 1869-1895, Frances Olsen

Michigan Law Review

This essay will examine the "equal treatment" versus "special treatment" for women issue as it arose in Illinois in the late nineteenth century. In 1869 the Illinois Supreme Court barred Myra Bradwell from the practice of law on the basis that she was a married woman, and in 1870 it reaffirmed its exclusion of women in In re Bradwell, the state decision the United States Supreme Court upheld in Bradwell v. Illinois. This denial of equal treatment to women, especially the concurring opinion by United States Supreme Court Justice Bradley, appears to many to represent paternalism at its …

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Equality And The Rights Of Women, Michigan Law Review Mar 1981

Equality And The Rights Of Women, Michigan Law Review

Michigan Law Review

A Review of Equality and the Rights of Women by Elizabeth H. Wolgast

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