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Transcending the Body Politic
A poem.Lessons for the United States: A Greek Cypriot Model for Domestic Violence Law
The purpose of this Article is twofold: to view the problem of domestic violence victims not wishing to testify against their abusers through the lenses of different feminist perspectives; and to use the Greek Cypriot experience as a model to test the value of these theories when developing legal policies addressing this issue.An Essay on The Piano, Law, and the Search for Women’s Desire
The thesis of this essay is a simple one: to have a measure of control over her destiny, to have any choices, a woman must be a sexual agent, a subject of desire rather than an object. How can women exercise any autonomy in any other realms if in their most intimate lives they are unable to voice their desires? I do not mean to suggest that sexuality has unlimited explanatory power or that everything about women's domination can be explained by a rearticulation of desire. I do believe, however, that although the issue of sexuality is much discussed, feminist legal theorists have been saying "too much about too little." In this essay I propose that we cannot even know the explanatory power of sexuality as long as women do not have the words to express their own desires.Hostile Environent Sexual Harassment Claims and the Unwelcome Influence of Rape Law
This article considers the unwelcomeness requirement of the plaintiff’s prima facie case. In particular, it examines the discussion of unwelcomeness found in the decision of the Supreme Court in Meritor Savings Bank v. Vinson, and the content given to this element by the subsequent decisions of lower courts. Such an inquiry reveals several parallels between the approach of courts to sexual harassment claims and their traditional treatment of the criminal offense of rape. The same biases and erroneous assumptions that have hampered an effective response to the physical violation of women have permeated the application of the purported remedy for their psychological violation on the job. The effectiveness of potential remedies for this unfairness should be evaluated in light of the underlying reasons for the errors made to date by the courts. If the framework ultimately chosen for proof of hostile environment sexual harassment claims is constructed in a manner that recognizes the reasons behind the reality of women's experiences at work, it may have transformative potential not only for discrimination claims under Tide VII, but for the treatment of rape by the criminal law.China’s Denial of Tibetan Women’s Right to Reproductive Freedom
This Article first provides a historical account of the social and political context of the PRC's family planning policies in Tibet. Part B describes the PRC's official family policies from 1982 to the present. Part C discusses the PRC's actual practices, including its population quota controls, focusing on the forced and coerced abortions and sterilizations performed on Tibetan women. Part D applies international human rights law and concludes that the PRC's family planning policy, as implemented, violates international human rights laws. The Article concludes by recommending points of action for the PRC and international community to address these human rights violations.Women in the Courts: An Old Thorn in Men’s Sides
This article was inspired by the work of a series of state task forces on women in the courts. It examines the subject from a historical perspective, comparing ancient Rome, mainly during the period from the first century B.C. to the third A.D., with the United States, from its prerevolutionary beginnings to the present. The article's focus is gender bias against women acting in official court functions.Book Review: From Basic Needs to Basic Rights: Women’s Claim to Human Rights. Edited by Margaret A. Schuler. Washington, D.C.: Women, Law and Development International, 1995. 597 pages.
In the review of this work, Schoenmeyer will adhere to the structure provided by Schuler. In doing so, he will give an overview of the topics addressed in each individual section and then attempt to tie together and further analyze some of the book's main concepts.Damned for Using Daycare: Appellate Brief of Jennifer Ireland in Ireland V. Smith
At issue is custody of three-and-a-half-year-old Maranda (date of birth: April 22, 1991). The trial court found that Maranda had an established custodial environment with her mother, Jennifer Ireland, but then nominally ordered custody changed to Steven Smith. The court's order changing custody was based on a determination that day care is an inappropriate choice for care of a preschool child, and that no one effectively can be a single parent and a student at the same time. Those findings have no factual basis in the record, no legal basis under Michigan law, and no logical or even common sense basis at all. In addition, the trial court in effect gave custody of Maranda not to Smith, but to his parents, who were not even parties to the custody action.Can Families Be Efficient? A Feminist Appraisal
This Article examines the convergence of feminist and law and economics theory on family law questions, particularly issues of marriage and divorce. Both feminist legal theory and law and economics analysis have come to occupy a significant place in the American legal academy, demonstrated by growing numbers of conferences, journals, casebooks and monographs, and electronic mail lists in each area. Not surprisingly, as the two fields have grown, they have begun to touch, to overlap, and occasionally to come into conflict. This process has been evident in the extensive literature on sex discrimination in employment and is increasingly apparent in writing on family law issues.U.S. Ratification of the Convention on the Elimination of All Forms of Discrimination Against Women
The purpose of this article is to highlight the need for ratification of the Convention by the United States, and to address arguments against ratification. Various concerns have been raised with respect to CEAFDAW, both specific to the United States and more international in scope. Some problems pertain to United States ratification generally, other issues concern potential conflicts between specific articles of the Convention and U.S. law, and broader problems have been raised with respect to international implementation. Most of these issues are not uncommon in international agreements, and may therefore be remedied through conventional mechanisms, including implementing legislation, reservations, clarifying statements, participation in the monitoring body created by the Convention, and active involvement within the United Nations system and other international organizations involved in the creation of international laws and principles.