Law and Gender Commons^™

The Impact Of Public Abortion Funding Decisions On Lndigent Women: A Proposal To Reform State Statutory And Constitutional Abortion Funding Provisions, Carole A. Corns

University of Michigan Journal of Law Reform

This Note argues that state legislatures should relax funding restrictions on abortions for indigent women and proposes specific mechanisms to ensure the equal protection of indigent women in the abortion context. Part I briefly recounts the history of federal funding for abortions, from the liberal post-Roe funding scheme to the restrictive funding arrangements that have prevailed since the early 1980s. Part II surveys the existing literature and discusses patterns of state funding and the impact of funding restrictions on indigent women seeking abortions. This literature shows that the tightening of state funding policies subsequent to the federal Medicaid restrictions has …

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?

Unwelcome Imports: Racism, Sexism, And Foreign Investment, William H. Lash Iii

Michigan Journal of International Law

This article will address the problems minorities and women face from Japanese foreign direct investment. This article focuses on Japanese direct investment because the rapid rise in Japan's direct investment in the United States, combined with a record of discrimination by Japanese firms in Japan and abroad, makes Japanese investment the best example of the problems addressed in this article. However, the discriminatory attitudes described here may well be held by other foreign investors, and therefore, the legislation proposed later in this article addresses a broader problem.

Toward Guidelines For Compelling Cesarean Surgery: Of Rights, Responsibility And Decisional Authenticity, Joel J. Finer

Law Faculty Articles and Essays

When, if ever, may a pregnant woman be compelled to undergo a cesarean section to save the life of a viable, verge-of-birth fetus? Courts and scholars have increasingly addressed the constitutional and ethical problems presented when a woman about to give birth requires a cesarean section to prevent the death of or severe harm to her fetus, and the woman refuses to have the surgery. Nationally, over a five year period, courts have heard twenty-one cases in which a court-ordered cesarean was being sought. Under what circumstances, if any, is it legally and ethically appropriate to compel a woman to …

Note, Sex(Ual Orientation) And Title Vii, I. Bennett Capers

Faculty Scholarship

No abstract provided.

Divorce Stories: Readings, Comments And Questions On Law And Narrative, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.

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.

To Bear Or Not To Bear: Reproductive Freedom As An International Human Right, Berta E. Hernández-Truyol

UF Law Faculty Publications

The right to reproductive freedom is recognized and protected in virtually every corner of this world. Domestic and international tribunals have increasingly found that the right to privacy includes such a right. Using the various "sources" of international law as an analytical framework, this Article posits, based on an internationalist's perspective, that reproductive freedom -- as part of the penumbral zone of enumerated and existing human rights or as a particular right in se -- is now included in the body of protected international human rights. Consequently, any government interference with the individual's exercise of such freedom constitutes an impermissible …

Feminist Jurisprudence: Why Law Must Consider Women's Perspectives, Ann Juergens

Faculty Scholarship

A growing number of scholars are asking how the law would be different if it took women's points of view and experiences into account. Feminist Jurisprudence argues that we must look at the norms embedded in our legal system and rethink the law. It is about being inclusive of women, and of all people who differ from the norms of the law as it is today. The endeavor will necessarily shake up established relations between family, the workplace and the state. Lawyers, judges, and legislators should get ready for the changes.

The Big Mac Attack: A Critical Affirmation Of Mackinnon's Unmodified Theory Of Patriarchal Power, Alexandra Z. Dobrowolsky, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

For several years now, Catharine MacKinnon has impressed and inspired us in that she has consistently and eloquently articulated much of what we felt and feared: that the condition of women in North American society is intoler able; that the state, because of its acts and omissions, is complicitous in the enforced inequality of women; and that law, more often than not, has been part of the problem rather th.an part of the solution. However, despite our broad agreement with the general direction of MacKinnon 's analysis throughout this period, we each have had, in our own different ways, a …

Evidence Engendered, Kit Kinports

Faculty Scholarship

Part I of this article briefly describes feminist legal theory and its evolution. Part II then discusses the extent to which evidence as a whole is a gendered topic that reflects predominantly male traits and ideals, and Part III analyzes various specific evidentiary doctrines from a feminist perspective. Finally, Part IV examines way of incorporating feminist theories in teaching an evidence course.

Intimacy Outside Of The Natural Family: The Limits Of Privacy, Martha Albertson Fineman

Faculty Articles

In this paper I undertake a very pragmatic and focused consideration of whether it is possible to rework existing legal concepts of privacy in a way that would be ideologically compatible with dominant social norms in order to shield single mothers from excessive state regulation and supervision. I ultimately conclude that my desire to protect the decisionmaking autonomy and the dignity of poor and/or single mothers cannot be satisfied by resort to this area of law. At the constitutional level, this is so because notions of privacy are typically articulated as rights belonging to individuals, not family entities. And …

Race, Gender, And Sexual Harassment, Kimberlé W. Crenshaw

Faculty Scholarship

I would like to thank Anita Hill and express my deep respect to her for having the courage to shatter the silence on sexual harassment. I am certain that I speak for millions of women in saying that I have been inspired and renewed by her strength and integrity.

I have looked forward to addressing you tonight on a critical issue at this very important juncture in our political history. Sexual harassment has captured our attention over the last several weeks and has of course galvanized women in a way that scarcely could have been imagined only a few short …

Law's Patriarchy, Lynne Henderson

Scholarly Works

No abstract provided.

Women's Annotated Legal Bibliography Staff, Vol. 6 (1991)

Women's Annotated Legal Bibliography

No abstract provided.

Table Of Contents - Women's Annotated Legal Bibliography, Vol. 6 (1991)

Women's Annotated Legal Bibliography

No abstract provided.

Chapter 1: Abortion And Reproductive Rights

Women's Annotated Legal Bibliography

Overview of Abortion Rights — p. 3

Abortion Clinics — p. 5

Abortion Funding — p. 7

Minor’s Rights — p. 11

Abortion Jurisprudence — p. 11

Reproductive Technology — p. 14

Right to Privacy — p. 19

Chapter 2: Aids

Women's Annotated Legal Bibliography

Health and Medical Issues — p. 25

Chapter 3: Battered Women

Women's Annotated Legal Bibliography

No abstract provided.

Chapter 4: Child Abuse

Women's Annotated Legal Bibliography

No abstract provided.

Chapter 5: Discrimination

Women's Annotated Legal Bibliography

Affirmative Action — p. 59

Racial, Gender and Age Discrimination — p. 64

Educational Discrimination — p. 85

Sexual Harassment — p. 87

Private Club Discrimination — p. 90

Voting Rights — p. 91

Chapter 6: Family Issues

Women's Annotated Legal Bibliography

Overview — p. 95

Adoption and Surrogacy — p. 98

Child Care — p. 101

Child Custody and Support — p. 104

Divorce and Related Financial Issues — p. 113

Inheritance — p. 119

Intrafamilial Abuse — p. 121

Paternal Rights — p. 127

Pregnancy and Motherhood — p. 131

Miscellaneous Family Issues — p. 141

Chapter 7: Gay And Lesbian Issues

Women's Annotated Legal Bibliography

Family Issues — p. 149   Discrimination — p. 151   Miscellaneous — p. 153

Chapter 8: International And Historical Issues

Women's Annotated Legal Bibliography

No abstract provided.

Chapter 9: Juvenile Rights

Women's Annotated Legal Bibliography

Sexuality — p. 161

Delinquency — p. 163

Capital Punishment — p. 167

Legal Representation for Juveniles — p. 169

Handicapped Children’s Rights and Issues — p. 171

Chapter 10: Pornography, Prostitution And Hate Speech

Women's Annotated Legal Bibliography

Prostitution and Pornography — p. 175

Freedom of Speech — p. 178

Chapter 11: Rape

Women's Annotated Legal Bibliography

No abstract provided.

Chapter 12: Supreme Court Jurisprudence

Women's Annotated Legal Bibliography

No abstract provided.

Chapter 13: Women And The Law

Women's Annotated Legal Bibliography

Law School Diversity — p. 193

Legal Careers — p. 196

Feminist Jurisprudence — p. 200

Crime and Punishment — p. 208

Gender Bias in the Courts — p. 210

The Death Penalty And Gender Discrimination, Elizabeth Rapaport

Faculty Scholarship

Despite the paucity of research on the death penalty and gender discrimination, it is widely supposed that women murderers are chivalrously spared the death sentence. This supposition is fueled by the relatively small number of women who are condemned. This article argues that women are represented on contemporary U.S. death rows in numbers commensurate with the infrequency of female commission of those crimes which our society labels sufficiently reprehensible to merit capital punishment. Additionally, preliminary investigation suggests that death-sentenced women are more likely than death-sentenced men to have killed intimates, although the explanation for this disparity is not yet at …