The Human Rights Of Women In The Hong Kong Special Administration Region,
2013
William & Mary Law School
The Human Rights Of Women In The Hong Kong Special Administration Region, Puja Kapai
William & Mary Journal of Race, Gender, and Social Justice
Although Hong Kong is a party to the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW) and has enacted legislation to safeguard women’s rights, the existing framework of protection is inadequate in critical respects and fails to achieve substantive equal protection for women. This paper examines existing law and policy governing women’s rights and identifies the underlying causes for its continued failings. It identifies some of the key gaps that render women continually vulnerable to discriminatory treatment. This paper concludes by outlining recommendations for achieving the goals of substantive and transformative equality for women.
California Expands Tort Liability Under The Novel Market Share Theory: Sindell V. Abbott Laboratories,
2013
Pepperdine University
California Expands Tort Liability Under The Novel Market Share Theory: Sindell V. Abbott Laboratories, N. Denise Taylor
Pepperdine Law Review
The California Supreme Court, in the novel and unprecedented case of Sindell v. Abbott Laboratories, eliminated the plaintiffs burden of identification of a negligent party, and thus the causation requirement, in a multiple party tort action. In the course of this decision, the court adopted the "market share" theory of liability which dictated in Sindell that nonidentifiable defendant-manufacturers of the generic drug DES would be liable for the damages in proportion to their share of business in the market. The author thoroughly examines various theories of recovery, such as "alternative liability," "concert of action" and "enterprise liability," which the court …
Harris V. Mcrae: Whatever Happened To The Roe V. Wade Abortion Right?,
2013
Pepperdine University
Harris V. Mcrae: Whatever Happened To The Roe V. Wade Abortion Right?, Laura Crocker
Pepperdine Law Review
The controversial Roe v. Wade decision purportedly removed the abortion controversy from the political arena and set constitutional standards by which questions on the issue could be resolved. The enactment of the Hyde Amendment, a bill which generally forbids the use of Medicaid funds for abortions, was a recent political response to the abortion controversy. However, in the recent case of Harris v. McRae, the Supreme Court upheld the constitutionality of the Hyde Amendment and thus injected the abortion controversy back into the political arena. The author exhaustively examines the abortion controversy from the time of the Roe decision up …
Wengler V. Druggists' Mutual Insurance Company: No More Skirting The Issue Of Sex Discrimination In Workers' Compensation Dependency Statutes,
2013
Pepperdine University
Wengler V. Druggists' Mutual Insurance Company: No More Skirting The Issue Of Sex Discrimination In Workers' Compensation Dependency Statutes, Teresa A. Saggese, Lawson A. Cox Ii
Pepperdine Law Review
No abstract provided.
Rostker V. Goldberg: A Step Backward In Equal Protection, Or A Justifiable Affirmation Of Congressional Power?,
2013
Pepperdine University
Rostker V. Goldberg: A Step Backward In Equal Protection, Or A Justifiable Affirmation Of Congressional Power?, Gilbert L. Purcell, Janet Rappaport
Pepperdine Law Review
The Supreme Court in Rostker v. Goldberg upheld a Congressional decision which excluded women from registration for service in the Armed Forces of the United States. Although the case was brought based upon equal protection grounds, the majority took a separation of powers stance and based its decision upon the fact that the Court has traditionally granted deference to the decisions of Congress in the area of military affairs. The minority opinions disagreed with the majority's analysis and claimed that the central issue in Rostker was not military in nature, but was that Congress' plan to register males only, promoted …
Justice Stevens And The Emerging Law Of Sex Discrimination ,
2013
Pepperdine University
Justice Stevens And The Emerging Law Of Sex Discrimination , John P. Wagner
Pepperdine Law Review
No abstract provided.
Newport News Shipbuilding & Dry Dock Company V. Eeoc: Expanding The Scope Of Title Vii ,
2013
Pepperdine University
Newport News Shipbuilding & Dry Dock Company V. Eeoc: Expanding The Scope Of Title Vii , Mark D. Klein
Pepperdine Law Review
Title VII of the Civil Rights Act of 1964 as amended by the Pregnancy Discrimination Act of 1978 prohibits sex discrimination on the basis of pregnancy. In Newport News Shipbuilding and Dry Dock Co. v. EEOC, the United States Supreme Court extended the scope of the Act to include not only female employees, but also female dependents of male employees. The author examines the Supreme Court's analysis of and the legislative intent behind the Pregnancy Discrimination Act and explores the future impact of the decision.
The Rhetoric Of Choice: Restoring Healthcare To The Abortion Right,
2013
University of Missouri - Kansas City, School of Law
The Rhetoric Of Choice: Restoring Healthcare To The Abortion Right, Yvonne F. Lindgren
Faculty Works
In 1973 the Supreme Court in Roe v. Wade both identified a constitutional right of abortion and asserted that, “the abortion decision in all its aspects is inherently, and primarily, a medical decision” to be made in consultation with a “responsible physician.” The Court thereby vested in doctors, instead of exclusively in women, the discretion to make the abortion decision. The Roe Court’s accommodation of the “medical model” of abortion reform was criticized for subordinating women’s constitutional rights to the judgment of their doctors. Since that time, the Court’s analysis has shifted to identify abortion exclusively as a right of …
Commercial Speech In Crisis: Crisis Pregnancy Center Regulations And Definitions Of Commercial Speech,
2013
University of Michigan Law School
Commercial Speech In Crisis: Crisis Pregnancy Center Regulations And Definitions Of Commercial Speech, Kathryn E. Gilbert
Michigan Law Review
Recent attempts to regulate Crisis Pregnancy Centers, pseudoclinics that surreptitiously aim to dissuade pregnant women from choosing abortion, have confronted the thorny problem of how to define commercial speech. The Supreme Court has offered three potential answers to this definitional quandary. This Note uses the Crisis Pregnancy Center cases to demonstrate that courts should use one of these solutions, the factor-based approach of Bolger v. Youngs Drugs Products Corp., to define commercial speech in the Crisis Pregnancy Center cases and elsewhere. In principle and in application, the Bolger factor-based approach succeeds in structuring commercial speech analysis at the margins of …
"'Petitions Without Number": Widows' Petitions And The Early Nineteenth-Century Origins Of Public Marriage-Based Entitlements,
2013
Boston University School of Law
"'Petitions Without Number": Widows' Petitions And The Early Nineteenth-Century Origins Of Public Marriage-Based Entitlements, Kristin Collins
Faculty Scholarship
Between 1792 and 1858, Congress enacted approximately seventy-six public law statutes granting cash subsidies to large classes of military widows. War widows’ pensions were not wholly unknown in Anglo-American law before this time, but the widows’ pension system of the early nineteenth century was distinctive in both scope and kind: Congress rejected the class-based approach that had characterized war widows’ pensions of the eighteenth century by pensioning widows of rank-and-file soldiers, not just widows of officers, and by extending pensions to widows of veterans. This significant equalization and expansion of widows’ pensions resulted in the creation of the first broad-scale …
Up Or Out And Into The Supreme Court: A Forecast For Hishon V. King And Spalding ,
2013
Pepperdine University
Up Or Out And Into The Supreme Court: A Forecast For Hishon V. King And Spalding , Linda Randlett Kollar
Pepperdine Law Review
The author presents an extensive analysis of Title VII in an effort to forecast the forthcoming Supreme Court decision of Hishon v. King and Spalding. Included are the issues presented to the Court, the legislative history of Title VII, the Eleventh Circuit Court of Appeals' decision, and a historical inquiry of the applicable decisions of the Burger Court. Although the outcome of the case has yet to be decided, the author's informed prediction will guide commentaries in the future.
Reinforcement Of Middle Level Review Regarding Gender Classifications: Mississippi University For Women V. Hogan ,
2013
Pepperdine University
Reinforcement Of Middle Level Review Regarding Gender Classifications: Mississippi University For Women V. Hogan , Mary Ellen Shull
Pepperdine Law Review
In Mississippi University for Women v. Hogan, the United States Supreme Court was presented with an equal protection challenge initiated by a male who was denied admission to a state-supported all-female school of nursing. After a review of relevant decisions in this area, the author examines the Supreme Court's intermediate level of scrutiny analysis and argues that application of a higher level of scrutiny to gender-based classifications is a prerequisite to true equality between the sexes.
Benign Sex Discrimination Revisited: Constitutional And Moral Issues In Banning Sex-Selection Abortion ,
2013
Pepperdine University
Benign Sex Discrimination Revisited: Constitutional And Moral Issues In Banning Sex-Selection Abortion , George Schedler
Pepperdine Law Review
No abstract provided.
Cohabitant Benefits For Michigan State Workers Upheld,
2013
New York Law School
Cohabitant Benefits For Michigan State Workers Upheld, Arthur S. Leonard
Other Publications
No abstract provided.
Religious Freedom And Women's Health - Litigation On Contraception,
2013
Washington and Lee University School of Law
Religious Freedom And Women's Health - Litigation On Contraception, Timothy Stoltzfus Jost
Scholarly Articles
Not available.
The Legacy Of Jane Larson: The Politics Of Practicality And Surprise,
2013
University of Maryland Francis King Carey School of Law
The Legacy Of Jane Larson: The Politics Of Practicality And Surprise, Martha M. Ertman
Faculty Scholarship
Jane Larson's work and life enriched my own and others. Her intellectual framework - applying legal economic ideas of consent to feminist theory, backed up by legal history - suggest surprising practical solutions to problems ranging from the injuries of adultery and prostitution to housing in border towns.
In Defense Of The Law Review: A Response To Megan S. Knize’S Article, The Pen Is Mightier: Rethinking The “Gladiator” Ethos Of Student-Edited Articles,
2013
Public Defender’s Office, Washoe County, Nevada
In Defense Of The Law Review: A Response To Megan S. Knize’S Article, The Pen Is Mightier: Rethinking The “Gladiator” Ethos Of Student-Edited Articles, Evelyn A. Grosenick
McGeorge Law Review
No abstract provided.
State Interests And The Duration Of Abortion Rights,
2013
University of Georgia School of Law
State Interests And The Duration Of Abortion Rights, Randy Beck
McGeorge Law Review
No abstract provided.
Bathroom Bias: Making The Case For Trans Rights Under Disability Law,
2013
University of Michigan Law School
Bathroom Bias: Making The Case For Trans Rights Under Disability Law, Daniella A. Schmidt
Michigan Journal of Gender & Law
Disability law is one of the more successful tools currently being used to protect trans people fom discrimination. While the use of disability law as a framework for affirming or creating trans rights has come with some success, many in the community remain reluctant to use disability law for fear of the policy implications and stigma associated with medicalization of trans identity. After exploring the current state of the law on both the federal and state level, this Note will argue how disability law both could and should be used more often to further trans protections. In particular, this Note …
Does The Constitution Protect Abortions Based On Fetal Anomaly?: Examining The Potential For Disability-Selective Abortion Bans In The Age Of Prenatal Whole Genome Sequencing,
2013
University of Michigan Law School
Does The Constitution Protect Abortions Based On Fetal Anomaly?: Examining The Potential For Disability-Selective Abortion Bans In The Age Of Prenatal Whole Genome Sequencing, Greer Donley
Michigan Journal of Gender & Law
This Note examines whether the state or federal government has the power to enact a law that prevents women from obtaining abortions based on their fetus’s genetic abnormality. Such a ban has already been enacted in North Dakota and introduced in Indiana and Missouri. I argue below that this law presents a novel state intrusion on a woman’s right to obtain a pre-viability abortion. Moreover, these pieces of legislation contain an outdated understanding of prenatal genetic testing—-the landscape of which is quickly evolving as a result of a new technology: prenatal whole genome sequencing. This Note argues that the incorporation …
