Law and Gender Commons^™

The Civil Rights Act Of 1991: A “Quota Bill,” A Codification Of Griggs, A Partial Return To Wards Cove, Or All Of The Above?, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

Pimping And Pornography As Sexual Harassment: Amicus Brief In Support Of Plaintiff-Respondent In Thoreson V. Penthouse Int'l Ltd., Dorchen A. Leidholdt

Michigan Journal of Gender & Law

Several issues were raised on appeal to the New York Court of Appeals. Thoreson AKA DiLorenzo was the Respondent on the issue of sexual harassment and the Appellant on the issue of the amount of damages awarded by the Supreme Court. This portion of the brief addresses only the issue of sexual harassment. Wendy C. Lecker (J.D. 1988, New York University School of Law), authored a section on the issue of compensatory damages.

Battered Women Who Kill: Perspectives Of Prosecutors Who Have Tried "Burning Bed" Cases, Gena Christine Philibert-Ortega

Theses Digitization Project

No abstract provided.

The Hunger Trap: Women, Food, And Self-Determination, Christine Chinkin, Shelley Wright

Michigan Journal of International Law

The authors examine the relationship of international law and food to women by first presenting seven stories of women from different situations, geographical locations, and conditions of affluence or poverty. These individual stories illustrate in a concrete way the circumstances of individual women's lives and their relationship to food and hunger. They are, to some extent, representative of women generally. We then examine the international legal framework and the provisions of international law that might be relevant to relieving the reality of hunger and women's vulnerability to food deprivation.

Feminism And International Law: A Reply, Fernando R. Tesón

Scholarly Publications

Over the past several years, legal scholars have extended feminist theory to many areas of the law, and legal discourse has been enriched by feminist jurisprudence. Until recently, however, international law had not undergone a sustained feminist critique. This gap is now slowly being filled; a notable contribution to that effort is a recent article by Hilary Charlesworth, Christine Chinkin, and Shelley Wright.

This Essay presents a reply to the Charlesworth-Chinkin-Wright critique. Although much of this reply engages more general issues in feminist theory, it would be impossible, within the scope of this work, to address every important political, cultural, …

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

Dianne Pothier Collection

The Task Force Report is a comprehensive one that deserves to be read by all members of the profession. It documents widespread problems and suggests wide ranging solutions. Reading a review is not an adequate substitute. A review can only touch on highlights, whereas it is in the detail of the Report that its real impact lies. This review will briefly comment on each of the themes announced in the title of the Report: equality, diversity, and accountability. Although in my assessment the report is in some respects too timid, that should not take away from the fact the Report …

Prostitution And Civil Rights, Catharine A. Mackinnon

Michigan Journal of Gender & Law

The gap between the promise of civil rights and the real lives of prostitutes is an abyss which swallows up prostituted women.' To speak of prostitution and civil rights in one breath moves the two into one world, at once exposing and narrowing the distance between them.

Strategies Of Connection: Prostitution And Feminist Politics, Margaret A. Baldwin

Michigan Journal of Gender & Law

A feminist political approach to prostitution must begin from these strengths and be tested against the standards set by them. I want to address how taking each of these strengths seriously can create sustained resistance against prostitution.

An Analysis Of Individual, Institutional, And Cultural Pimping, Evelina Giobbe

Michigan Journal of Gender & Law

A pimp is a man .. .who takes all or a part of the earnings of women who sell their bodies for gain. He may have inveigled her into becoming a prostitute or acquired her after she started the business. Invariably he encourages her to continue in prostitution, and he may be either her lover or her husband, but always he is her supposed protector.

An Imperfect Remedy For Imperfect Violence: The Construction Of Civil Rights In The Violence Against Women Act, David Frazee

Michigan Journal of Gender & Law

Along with the Civil Rights Act of 1964 and the Americans with Disabilities Act, the Violence Against Women Act (VAWA) could be the most significant addition to federal civil rights laws in the last century. While potentially revolutionary, the VAWA's civil rights remedy forges two problematic legal concepts-traditional civil rights jurisprudence and "perfect" violence-into a super-remedy that risks combining the worst aspects of each. Those who utilize and interpret the Act can avoid this outcome by situating individual violent acts in the broader social and historical context of gender-motivated violence.

Gendered States: Feminist (Re)Visions Of International Relations Theory, Hilary Charlesworth

Michigan Journal of International Law

Review of the book edited by V. Spike Peterson.

The Exclusion Of Pregnant, Pregnable, And Once-Pregnable People (A.K.A. Women) From Biomedical Research, Vanessa Merton

Elisabeth Haub School of Law Faculty Publications

The barriers to women's participation as subjects in biomedical research are currently being challenged as a matter of legislative policy, medicine, and law. This Article catalogs the ways in which women have been disadvantaged by their exclusion and recent developments to redress them, and goes on to dissect the underlying rationales for excluding women from clinical trials. The author reveals the 'fundamental misconception' behind exclusionary rationales, and argues that research sponsors in fact have more to fear in the way of potential liability from the exclusion of women, even pregnant women and women of child-bearing capacity, than from their inclusion. …

Prostitution: A Violation Of Women's Human Rights, Dorchen Leidholdt

Cardozo Journal of Equal Rights & Social Justice

The article argues that prostitution is a violation of women's human rights, asserting that it is not a form of work or a legitimate choice but rather an exploitative institution rooted in gender inequality. The author criticizes the pro-prostitution lobby for framing prostitution as empowering, arguing that this perspective ignores the inherent abuse and exploitation faced by women in the industry.

Silencing The Different Voice: Competence, Feminist Theory And Law, Susan Stefan

University of Miami Law Review

No abstract provided.

Who Is A Parent?: The Need To Develop A Lesbian Conscious Family Law, Paula L. Ettelbrick

NYLS Journal of Human Rights

No abstract provided.

Prostitution: A Narrative By A Former "Call Girl", Anonymous

Michigan Journal of Gender & Law

Why do women get involved in prostitution? I believe there are two primary causes: money and drugs.

Male Sexuality: Why Ownership Is Sexy, John Stoltenberg

Michigan Journal of Gender & Law

What I want to address is what I call the eroticism of owning. We have a lot of circumstantial evidence that this eroticism exists. For instance, based on the testimony of women who are or have been sexually owned in marriage, taken in rape, and/or sexually used for a fee in prostitution, it appears that for many men, possession is a principal part of their sexual behavior. Many men can scarcely discern any erotic feelings that are not associated with owning someone else's body.

Prostitution: Where Racism & Sexism Intersect, Vednita Nelson

Michigan Journal of Gender & Law

Black women find themselves in a unique and extremely difficult position in our society. They are forced to deal with the oppression that arises from being Black in a white-supremacist culture and the oppression that arises from being female in a male-supremacist culture. In order to examine the experience of being Black and female, this paper attempts to describe that very difficult, tight space where Black women attempt to survive-that space where racism and sexism intersect.

Prostitution Is Cruelty And Abuse To Women And Children, Susan Kay Hunter

Michigan Journal of Gender & Law

Each day I rise to take up the truly good fight to stop the harm to women in prostitution. I long for complete liberation of all oppressed peoples. I passionately believe that the work I do to end prostitution is revolutionary. No one deserves to be used and abused, and that is the universal experience of prostituted women and children. It is also revolutionary work because my freedom as a woman is meaningless so long as some of us can be bought and sold. The giant sex industry grinds on, exploiting and enslaving women, while sexual liberals are well-paid by …

Challenging Solicitation Statues As Unconstitutional: Appellate Brief In Support Of Defendant-Appellant In Ypsilanti V. Patterson, Lore A. Rogers

Michigan Journal of Gender & Law

Appellate Brief in Support of Defendant-Appellant in Ypsilanti v. Patterson

Providing Legal Protection For Battered Women: An Analysis Of State Statutes And Case Law, Catherine F. Klein, Leslye E. Orloff

Scholarly Articles

This Article presents a comprehensive survey of civil protection order statutes and state appellate opinions in all fifty jurisdictions, the District of Columbia, and Puerto Rico. We examine recent developments and trends, and highlight innovations. We include recommendations for further legislative reform and for creative development of case law. We have incorporated available social science research, the published policies and recommendations of judicial authorities, and the legal literature written by domestic violence experts. Moreover, our recommendations are based on our experience as domestic violence advocates. Each of us has represented battered women in court for more than a decade.

In …

Approval Of Ru-486 As A Postcoital Contraceptive, Kari Hanson

Seattle University Law Review

This Comment argues that if RU-486 were approved as a postcoital contraceptive rather than as an abortifacient, the drug would be of greater overall benefit to women seeking to control their fertility. To support the argument that RU-486 should be approved as a postcoital contraceptive, Part II of this Comment examines the background and development of the drug, the controversy it has engendered, and the drug's recently discovered contraceptive potential. Part III provides a short look at the process by which the FDA approves new drugs and discusses how RU-486 would likely progress through this process. Part IV begins by …

In A Conflict Between Equal Rights For Women And Customary Law, The Botswana Court Of Appeal Chooses Equality, 24 U. Tol. L. Rev. 563 (1993), Michael P. Seng

UIC Law Open Access Faculty Scholarship

No abstract provided.

Moral Reasoning And The Quest For Legitimacy, Michael D. Daneker

American University Law Review

No abstract provided.

Whiteness And Women, In Practice And Theory: A Reply To Catharine Mackinnon, Martha R. Mahoney

Articles

No abstract provided.

Operation Rescue Blockades And The Misuse Of 42 U.S.C. 1985(3), Michael F. O'Brien

Cleveland State Law Review

The purpose of this Note is to demonstrate that § 1985(3) is not applicable to Operation Rescue's blockade activities. Part II provides a brief survey of the history of § 1985(3) from its roots in the post-Civil War era to the 1950's. Part III examines the requirements for a § 1985(3) claim as delineated in the Griffin, Novotny, and Scott decisions. Part IV applies these requirements to the blockade controversy and argues that: (1) Gender-based animus should be accepted by the Court as a form of class-based animus within the meaning of § 1985(3); (2) the blockades do not fall …

Mackinnon And Equality: Is Dominance Really Different?, Laura W. Brill

University of Arkansas at Little Rock Law Review

No abstract provided.

Civil Rights—Sex Discrimination In Education—Compensatory Damages Available In A Title Ix Sexual Harassment Claim. Franklin V. Gwinnett County Public Schools., Joanne Liebman Matson

University of Arkansas at Little Rock Law Review

No abstract provided.

Perinatal Substance Abuse: The Rhetoric And Reality Of 'Rights,' And Beyond And A Recent Bibliography, Sam S. Kepfield

Cardozo Journal of Equal Rights & Social Justice

The article critiques the legal system's handling of perinatal substance abuse (PSA), arguing that current approaches are ineffective and unjust. It proposes a new legal framework focusing on harm and causation, advocating for universal prenatal care and non-punitive solutions to address the root causes of PSA.

Book Review. Utopianism, Epistemology, And Feminist Theory, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.