Law and Gender Commons^™

An Empirical Analysis Of The Equal Credit Opportunity Act, James A. Burns Jr.

University of Michigan Journal of Law Reform

This article will first examine the legislative history of the ECOA to discover (1) the impetus for its enactment; (2) the views of proponents and opponents of the legislation concerning the presence of credit discrimination, its proper cure, and the proposed provisions of the bills introduced to deal with the problem; and (3) the congressional intent as to the use of various credit-granting factors described by the Act. Regulation B will then be similarly examined to find out how the broad mandates of the ECOA have been made concrete for the use of creditors. Finally, the article will focus on …

Roe V. Wade And The Lesson Of The Pre-Roe Case Law, Richard Gregory Morgan

Michigan Law Review

The politically unsettled and judicially confused law of abortion in 1971 and 1972, when the Court twice heard arguments and deliberated Roe, should have warned it not to decide the case. By doing so; the Court thrust itself into a political debate and stunted the development of a thoughtful lower-court case law. If the Court did perceive the warnings but continued toward a decision anyway, perhaps trusting that its own considerable wits would devise an answer the lower courts had not, the result suggests that the judicial system's axioms deserve more respect than they received. This Article, by showing …

The Politics Of Abortion In The House Of Representatives In 1976, Maris A. Vinovskis

Michigan Law Review

The battle over federal funds for abortions and the attempts to pass a constitutional amendment to prohibit all abortions have become annual events that most members of Congress privately dread but publicly welcome. As "pro-life" and "pro-choice" constituents descend upon their elected officials each year, representatives are forced to face an issue that has no easy legislative solution. Despite the intensity and disruptiveness of these confrontations, there have been no thorough and independent analyses of this phenomenon. Instead, most information on the abortion controversy in Congress has come from the understandably biased pens of the activists on both sides. Representatives …

The Juridical Status Of The Fetus: A Proposal For Legal Protection Of The Unborn, Patricia A. King

Michigan Law Review

What claims to protection can be asserted by a human fetus? That question, familiar to philosophy and religion, has long haunted law as well. While the philosophical and theological issues remain unresolved, and are perhaps unresolvable, I believe that we can no longer avoid some resolution of the legal status of the fetus. The potential benefits of fetal research, the ability to fertilize the human ovum in a laboratory dish, and the increasing awareness that a mother's activities during pregnancy may affect the health of her offspring create pressing policy issues that raise possible conflicts among fetuses, mothers, and researchers. …

The Abortion-Funding Cases And Population Control: An Imaginary Lawsuit (And Some Reflections On The Uncertain Limits Of Reproductive Privacy), Susan Frelich Appleton

Michigan Law Review

Two issues are before us today: (I) the meaning of the term "medically necessary" in a public hospital's charter and (II) the constitutionality of state action that provides free medical treatment to indigent pregnant women seeking an abortion but denies them such assistance for prenatal care and childbirth. On the basis of recent Supreme Court authority, we find that such action violates neither the hospital's charter nor the United States Constitution.

Rewriting Roe V. Wade, Donald H. Regan

Articles

Roe v. Wade is one of the most controversial cases the Supreme Court has decided. The result in the case - the establishment of a constitutional right to abortion - was controversial enough. Beyond that, even people who approve of the result have been dissatisfied with the Court's opinion. Others before me have attempted to explain how a better opinion could have been written. It seems to me, however, that the most promising argument in support of the result of Roe has not yet been made. This essay contains my suggestions for "rewriting" Roe v. Wade

Ticket: Era Benefit Featuring Ms. Gloria Steinem

Saffy Collection - All Textual Materials

An ERA Benefit featuring Ms. Gloria Steinem. July 21, 1979 at Airport Holiday Inn. cypress and Westshore. Tampa, Florida.

Constitutional Law—Sex Discrimination Under The Equal Rights Amendment—Marchioro V. Chaney, 90 Wn. 2d 298, 582 P.2d 487 (1978), Prob. Juris. Noted, 99 S. Ct. 718 (1979), Irene Hecht

Washington Law Review

Two of several statutes governing the composition and organization of the major political parties in Washington, R.C.W. § 29.42.020 and R.C.W. § 29.42.030, require that certain pairs of party representatives consist of one man and one woman. Following an intraparty dispute various interested persons filed suit, challenging, inter alia, the constitutionality of R.C.W. §§ 29.42.020-.030 under Washington's Equal Rights Amendment (ERA). The trial court granted the plaintiffs summary judgment on this claim. In a five to four decision the Washington Supreme Court reversed, upholding the constitutionality of both statutes under the ERA because they did not discriminate on the basis …

Letter To Dr. Joan Mcfadden, Anne Hatch

ADVANCE Library Collection

No abstract provided.

Letter To Social Services Committee, Anne Hatch

ADVANCE Library Collection

No abstract provided.

Changing The Law On Personal Status Within A Liberal Interpretation Of The Sharia, Mohammed Al-Nowaihi

Faculty Book Chapters

Many minds, multiple energies and much cooperation has gone into the creation and production of this monograph. Principally it is the outcome of a seminar on the theme of "Law and Social Change: Problems and Challenges" which was organized and co-sponsored within the general framework of the Open University Seminar Series by the Department of Sociology-Anthropology-Psychology of the American University in Cairo and the National Center for Sociological and Criminological Research. The Open University Seminar, held annually, is a forum through which members of the AUC community and interested persons from the larger Egyptian community can come together to express …

Eberts V. Westinghouse Electric Corp. Gender-Based Discrimination After Gilbert And Satty, 12 J. Marshall J. Prac. & Proc. 459 (1979), Carol M. Cervantes

UIC Law Review

No abstract provided.

Violent Pornography: Degradation Of Women Versus Right Of Free Speech, Lisa G. Lerman

Scholarly Articles

No abstract provided.

A Historical Analysis Of International Documents Relating To The Status Of Women And Their Relationship To The Future Foreign Policy Of The United States, John Warren Kindt

Seattle University Law Review

It was predicted that the U.N. World Conference of the International Women's Year would significantly further international human rights for women, but in retrospect the conference fell far short of accomplishing any such goal. In part, the political overtones that permeated the conference caused this failure. Lack of a cohesive strategy on the part of the major countries, especially the United States, allowed the conference to focus on political issues other than women's rights. The United States delegation also evidenced symptoms of being unprepared and unwilling to assume a leadership role. Until the advent of the Carter administration, these symptoms …

The “Right” To An Abortion, The Scope Of Fourteenth Amendment Personhood, And The Supreme Court's Birth Requirement, 4 S. Ill. U. L.J. 1 (1979), John D. Gorby

UIC Law Open Access Faculty Scholarship

No abstract provided.

Equality Between The Sexes In The 1980'S, Nancy S. Erickson

Cleveland State Law Review

Any discussion of equality under the law must necessarily revolve around the equal protection clause. Therefore, this discussion will indicate first where equal protection analysis has succeeded ineffectively dealing with sex discrimination and the significance of the judicial policy behind these successes. Secondly, the failures of the equal protection clause will be examined with specific attention to the five methods in which the equal protection clause has failed to eliminate laws discriminating on the basis of sex. Finally, the failures of the equal protection clause will be illustrated as starting points for work in the area of sexual equality in …

Equality Between The Sexes In The 1980'S, Nancy S. Erickson

Cleveland State Law Review

Any discussion of equality under the law must necessarily revolve around the equal protection clause. Therefore, this discussion will indicate first where equal protection analysis has succeeded ineffectively dealing with sex discrimination and the significance of the judicial policy behind these successes. Secondly, the failures of the equal protection clause will be examined with specific attention to the five methods in which the equal protection clause has failed to eliminate laws discriminating on the basis of sex. Finally, the failures of the equal protection clause will be illustrated as starting points for work in the area of sexual equality in …

Women In Law School Teaching: Problems And Progress, D. Kelly Weisberg

Faculty Scholarship

No abstract provided.

Women's Self-Defense Under Washington Law—State V. Wanrow, 88 Wn. 2d 221, 559 P.2d 548 (1977), Jennifer Marsh

Washington Law Review

The Washington Supreme Court, in State v. Wanrow, examined the issue of self-defense for women under Washington law and held that the application of traditional self-defense rules resulted in prejudicial treatment of women defendants. This note will examine the meaning of the Wanrow decision and offer support for its holding in light of available psychological and sociological data. Additionally, this note will suggest a special analytical framework utilizing social science data to test accepted legal doctrines for latent sex discrimination. The importance of these data in exposing such discrimination will be shown by examining related cases in the area of …

Unmarried Couples And Unjust Enrichment: From Status To Contract And Back Again?, Robert C. Casad

Michigan Law Review

In recent years, litigation over property arrangements between unmarried cohabitants has posed some old questions in a new light and has yielded some new answers. One of the most intriguing of these questions is whether a cohabitant has a right, upon dissolution of the relationship, to remuneration for household services rendered during the relationship. A spouse who contributed household services in an actual marriage, of course, may upon divorce receive a share of the property acquired by the other spouse during the marriage or may receive a monetary award as compensation for the contributions made to the other during the …

One Small Word: Sexual Equality Through The State Constitution, Ruth L. Gokel

Florida State University Law Review

No abstract provided.

Sexual Harassment And Title Vii: The Foundation For The Elimination Of Sexual Cooperation As An Employment Condition, Michigan Law Review

Michigan Law Review

Ten years after the enactment of Title VII, the federal judiciary confronted its first Title VII case in which sexual harassment was the primary allegation. In the next three-and-one-half years, six more claims of sexual harassment reached federal district courts, 4 and three federal circuit courts of appeal reviewed lower court holdings.

Neither these cases nor the considerable journalistic and academic attention they received reveals a consensus regarding the appropriate application of Title VII to cases of sexual harassment. This Note, therefore, examines the application of Title VII to the problem of sexual harassment and suggests a coherent framework for …

Pamphlet: Women And The Law. April 22, 1978

Saffy Collection - All Textual Materials

A seminar that explores the legal and humanistic issues concerning women and the law. Produced by the Mayor's advisory commission on the status of women in the City of Jacksonville, Florida.

Representation Of Women Who Defend Themselves In Response To Physical Or Sexual Assault Arguedas, Elizabeth M. Schneider, Susan B. Jordan, Cristina C. Arguedas

Faculty Scholarship

No abstract provided.

Sex Discrimination—Court Narrows Gilbert—Some Pregnancy Discrimination Is Sex Related, Claudia G. Allen, Jean C. Powers

Buffalo Law Review

No abstract provided.

Wife Abuse: The Failure Of Legal Remedies, 11 J. Marshall J. Of Prac. & Proc. 549 (1978), Lynn A. Sacco

UIC Law Review

No abstract provided.

Forcible Rape And Statutory Rape: The Delicate Balance Between The Rights Of Victim And Defendant, 11 J. Marshall J. Of Prac. & Proc. 481 (1978), Philip A. Oretsky

UIC Law Review

No abstract provided.

Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne

Faculty Scholarship

This commentary breaks down the case of the City of Los Angeles Department of Water and Power v. Manhart and discusses what effects the Supreme Court's decision will have when Title VII is applied to university employers, particularly in their relationship with TIAA-CREF

Women At The Bar—A Generation Of Change, Ruth Bader Ginsburg

Seattle University Law Review

This lecture, delivered at the University of Puget Sound School of Law, addresses the evolving role of women in the legal profession.

Equal Rights Amendment South Carolina Coalition Records - Accession 183, Equal Rights Amendment South Carolina Coalition, Coleman Groves Poag

Manuscript Collection

The Equal Rights Amendment (ERA) South Carolina Coalition Records consists of correspondence, newsletters, brochures, pamphlets, and telegrams, extending from 1972-1978, sent by both supporters and non-supporters of ERA to Coleman Poag, South Carolina state senator for district 6, in an effort to influence Poag’s vote. The ERA was a proposed amendment to the United States Constitution designed to guarantee equal rights for women.