Law and Gender Commons^™

Sexual Equality, The Equal Protection Clause, And The Era, Phyllis N. Segal

Buffalo Law Review

No abstract provided.

Preface

Women's Annotated Legal Bibliography

No abstract provided.

Introduction, Eleanor Holmes Norton

Women's Annotated Legal Bibliography

No abstract provided.

Chapter 3: Des

Women's Annotated Legal Bibliography

Cases — p. 89

Annotations — p. 91

Chapter 10: Health

Women's Annotated Legal Bibliography

Cases — p. 290

Surrogate Motherhood — p. 300

Childbirth-Related Issues — p. 306

Health Care in General — p. 307

Miscellaneous Issues — p. 308

Addiction — p. 309

Breast Cancer — p. 309

Freedom Of Association After Roberts V. United States Jaycees, Douglas O. Linder

Faculty Works

No abstract provided.

Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers

Articles

A few states, mostly in the West and South, still retain a preference in custody disputes for placing young children with their mothers. In most other states, legislatures or courts have replaced the maternal presumption with a rule directing courts to be guided solely by the child's "welfare" or "best interests." A few legislatures have created a new preference for joint custody, directing courts to consider favorably requests by a parent for such arrangements, even over the objection of the other parent. This Article argues that the trend away from the maternal presumption is sensible, but that the current best-interests …

Educating Our Children "On Equal Terms": The Failure Of The Dejure/Defacto Analysis In Desegregation Cases, Antoinette M. Sedillo Lopez

Faculty Scholarship

This Article will describe the narrow process oriented analysis and contrast it with the broader analysis of both the process and the results. It will demonstrate the different conceptual framework involved in evaluating each component. This Article will show how the Supreme Court has viewed educational equality following Plessy v. Ferguson. Initially, the Court's evaluation was quite perfunctory, but it became increasingly strict. By 1954, the Court in Brown v. Board of EducationI was well on its way toward evaluating the results as well as the process. Since Brown, the Court has vacillated between reviewing only the purity of the …

A Review Of Federal Court Decisions Under Title Vii Of The Civil Rights Act Of 1964, Mary L. Heen

Law Faculty Publications

Fifteen essays examine the highly emotional debate, considering discussions by unions, state legislatures, and the courts.

Legal Implications Of Human In Vitro Fertilization For The Practicing Physician In North Carolina, Roger B. Bernholz, G. Nicholas Herman

Campbell Law Review

Discussed in this article is the current federal and North Carolina law that bears upon IVF, the potential criminal and tort liabilities that should be of concern to the IVF practitioner, and the recourses available to the IVF practitioner for protection against liability in the course of this practice. In appropriate circumstances, the law of other American jurisdictions is drawn upon.

Inequality In Marital Liabilities: The Need For Equal Protection When Modifying The Necessaries Doctrine, Debra S. Betteridge

University of Michigan Journal of Law Reform

This Note contends that the "primary/secondary" modification is unconstitutional because it ignores the husband's equal protection rights while unlawfully stigmatizing women as dependent. Part I discusses how the growing independence of women has led courts to modify the common law doctrine. Part II develops the test that the Supreme Court would apply in judging the constitutionality of any modification of the doctrine. Part III applies this test to the "primary/secondary" modification and concludes that the modification is unconstitutional and, therefore, not a legitimate reformation of the common law necessaries doctrine.

Ua21 Wku Affirmative Action Plan Volume Iii, Wku Office Of Equal Opportunity / 504 / Ada Compliance

WKU Administration Documents

This annual report of progress in the affirmative action - equal employment opportunity program is made in accordance with Section XIII of the Affirmative Action Plan, as amended July 1, 1981. This report will consist of four main elements:

1. Promotions During the Year
2. Recruitment Activities, Includes Goals & Results
3. Comparison of Personnel Strengths during 1981-82 & 1982-83
4. Conclusions Regarding Overall Progress & Recommendations for Future Improvements

Sexism In The Statutes: Identifying And Solving The Problem Of Ambiguous Gender Bias In Legal Writing, Ray Stilwell

Buffalo Law Review

No abstract provided.

Applying Restitution To Remedy A Discriminatory Denial Of Partnership, Candace Kovacic-Fleischer

Scholarly Articles in Law Reviews & Journals

This article suggests that a plaintiff can bring a state cause of action in restitution, liability in unjust enrichment, as an alternative to a federal cause of action in Title VII if the plaintiff was discriminatorily denied partnership by a firm that paid her a salary, but billed her time by the hour to clients. If the firm earned more than it paid in salary and overhead to the plaintiff, that amount would be defendant’s gain, one of the elements of an action in restitution, and the amount to be disgorged should plaintiff prove the other two elements, that the …

Child Support Law And Policy: The Systematic Imposition Of Costs On Women, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

From 1970 to 1981, the number of divorces in the United States more than doubled, and the number of children living with one parent increased by fifty-four percent, to a total of 12.6 million children, or one child in five. The great majority of these children have a living noncustodial parent from whom they are entitled to receive support payrents. Thus, approximately twenty percent of the nation's children are involved- at least potentially-in the child support system. Yet, despite its growing reach, the child support system remains in many ways primitive and inchoate. Award amounts are inadequate to pay for …

The Alter Ego Doctrine: Alternative Challenges To The Corporate Form, Antoinette M. Sedillo Lopez

Faculty Scholarship

This Comment examines alternative challenges to the separate entity fiction. First, it will analyze the economic policies underlying the separate entity concept and the justification for imposing shareholder liability in typical alter ego cases. Second, this Comment will review cases in which the corporate entity is challenged for alternative purposes and demonstrate how the usual alter ego analysis fails in these cases. Finally, this Comment proposes a three-stage analysis for examining alternative challenges to the separate entity fiction. The proposal would require courts to analyze the facts of the cases, identify the policies underlying the challenge, and balance the economic …

Differentiating Sex From Sex: The Male Irresistible Impulse, Jane H. Aiken

Georgetown Law Faculty Publications and Other Works

The courts have not wholeheartedly embraced the idea of equality of the sexes, and therefore do not attack sex discrimination with the same vigor as they attack racism. Rather, the courts are equivocal about sexual equality and weigh equality less carefully for sex than for race. Color is thought an arbitrary distinction; gender, however, is assumed to be something of substance.

When courts sustain sex discrimination, they generally do not characterize it as such. Rather, differences between the sexes, both real and imagined, are used to justify the gender distinction. It is easy to be hypnotized by the purported differences …

Sex Stereotyping And Statistics—Equality In An Insurance Context, Cheryl Bleakney

Seattle University Law Review

This Comment first outlines a few basic insurance concepts and distinguishes employer-provided plans from individually purchased policies. It then examines discrimination criteria and City of Los Angeles, Department of Water and Power v. Manhart's application of Title VII and applies those principles to Supreme Court cases. The Comment also suggests that FIPA be revised to extend its gender-neutral requirements only to employer provided group plans.

Gender And Crime: Offense Patterns And Criminal Court Sanctions, Ilene H. Nagel, John Hagan

Articles by Maurer Faculty

The relation between gender and criminality is strong, and is likely to remain so. Women have traditionally been much less likely than men to commit violent crimes, and that pattern persists today. Rates of female involvement in some forms of property crime-notably petty theft and fraud-appear to be increasing. However, while the relative increase in women's property crime involvement is significant, female participation even in these crimes remains far less than that of men.

The relation of gender to case processing decisions in the criminal justice system varies from stage to stage. Although the pertinent literature is plagued by methodological …

Legitimacy For The Florida Midwife: The Midwifery Practice Act, Katherine Simmons Yagerman

University of Miami Law Review

The rite of childbirth once belonged to the mother and her midwife, a companion and attendant interned in the mysteries of human birth. Modern medicine usurped that position, replacing the midwife with the professional physician. The author traces the journey of the midwife to her present status as a legitimate source of obstetrical care and examines the Florida Legislature's recent enactment of the Midwifery Practice Act.

A Proposed Analysis For Gender-Based Practices And State Public Accommodations Laws, Alan J. Hoff

University of Michigan Journal of Law Reform

This Note argues that the proper test of gender-preferential practices in public accommodations proceeds from the principle of "equal treatment:'' separate standards are tolerable only where reasonable and applied evenhandedly. Part I sets out a typical public accommodations statute and criticizes the principle tests used to evaluate this type of legislation. Part II applies traditional methods of statutory construction which trigger an equal treatment analysis. Extrapolating from this analysis, Part III advocates a two-part test for examining gender-based practices in public accommodations.

Sexual Harassment And The Employer-Employee Relationship, Alayne B. Adams

West Virginia Law Review

No abstract provided.

Rostker V. Goldberg: Gender Based Equal Protection V. The War Power, 15 J. Marshall L. Rev. 725 (1982), James Graney

UIC Law Review

No abstract provided.

The Legal Status Of Women In Alabama, Ii: A Crazy Quilt Restitched, Marjorie F. Knowles

Faculty Publications By Year

No abstract provided.

Domestic Violence: Illinois Responds To The Plight Of The Battered Wife - The Illinois Domestic Violence Act, 16 J. Marshall L. Rev. 77 (1982), Mary Lou Boland

UIC Law Review

No abstract provided.

Surrogate Gestation And The Protection Of Choice, Louise E. Graham

Law Faculty Scholarly Articles

Proponents of surrogate gestation contracts base their case on both the constitutional privacy rights of persons involved in the contract and the notion that contractual agreements are capable of sufficiently protecting all interests involved. This article first speculates on how courts might handle surrogate gestation contracts under existing laws and offers arguments for and against such contracts. Although some commentary on the contractual aspect of the agreement exists, little attention has been given to the privacy arguments of the parties. The major focus of this article, therefore, is upon the nature of the privacy claims asserted by the prospective parents …

Electoral Folklore: An Empirical Examination Of The Abortion Issue, Jeffrey W. Stempel

Scholarly Works

Though partisans on both sides claim credit for electoral victories and defeats, and politicians treat both groups with deference, few studies have attempted to gauge the impact of the abortion issue in more than an anecdotal manner. In 1976, NARAL noted that of the 13 members of the U.S. Representatives that lost re-election bids, nine were pro-life, and four were pro-choice. A study conducted by the Alan Guttmacher Institute of the 1974 House races found that, in “competitive” districts, 92 percent of the pro-choice candidates studied were re-elected while only 61 percent of the pro-life candidates were returned to Congress, …

Norris V. Arizona Governing Committee: Titile Vii's Applicability To Arizona's Deferred Compensation Plan, Mary E. Berkheiser

Scholarly Works

Analysis of Norris v. Arizona Governing Comm., 671 F.2d 330 (9^th Cir. 1982).

Sex Discrimination - Title Ix Applies To Employees, Barbara Hollingsworth

Campbell Law Review

This note will examine the Court's rationale and the implications of the North Haven Board of Education v. Bell decision.

Women's Rights And The Proposed Family Protection Act, Karen Flax

University of Miami Law Review

In this article, the author examines the potential ramifications of the Family Protection Act, a bill recently introduced in the Senate by Senators Jespen and Laxalt. The author criticizes the bill both as a mechanism for legislatively enforcing the traditional role of women in American society and as a threat to civil liberties in general.