Law for Women Semester 2
Terms in this set (19)
U.S v. Virginia
a landmark case in which the Supreme Court of the United States struck down the long-standing male-only admission policy of the Virginia Military Institute in a 7-1 decision
Mercer v. Duke
Heather Sue Mercer challenges the federal district court's holding that Title IX provides a blanket exemption for contact sports and the court's consequent dismissal of her claim that Duke Univ. discriminated against her during her participation in Duke's intercollegiate football program
Cohen v. Brown University
issuance of a preliminary injunction ordering Brown to reinstate its women's gymnastics and volleyball programs to full intercollegiate varsity status pending the resolution of a Title IX claim
Fuhr v. School Dist. Of Cty. Of Hazel Park
A woman with more experience was passed over for a varsity coaching job for a man with less experience. Summary judgement is denied.
Gebser v. Lago Vista Independent School District
after a teacher was found having a relationship with his student, the parents sued the school district under title IX which prohibits discrimination based on sex in any public institution-- the courts ruled that the school was NOT liable because they didn't have knowledge of the relationship and therefore couldn't be liable for it
McGuire v. McGuire
A couple must live apart for a wife to get support and maintenance. The court recognized the principle of family autonomy which is that the court should not interfere with the inner workings of an ongoing family.
Glover v. Glover
Question: What services must a wife provide?
What happens if a wife fails to provide the expected services?
Holding: If a wife fails to provide the expected services, she may lose her right to alimony after divorce.
Duty to Provide Services: The wife failed to uphold her end of the marital exchange, so she is not entitled to economic support after the marriage dissolves. Court maintained that the wife had once held a job and was pretty so would not need economic support for longer than 4 weeks.
Kline v. Ansell
Question: Does a Maryland law that only men could sue or be sued for criminal conversation (adultery) violate the E.R.A.?
Holding: Yes, criminal conversation law was unconstitutional under the Maryland Equal Rights Act
Duty of fidelity is not a one-way road, and in Maryland the cause of action for criminal conversation is unconstitutional and is no longer viable.
Kirchberg Vs. Feenstra
At issue in this case was the power the law afforded husbands over marital property.
In this case, the state law provided husbands the right to dispose of community property without
obtaining the consent of their wives.Husband did not pay lawyer and also executed the family mortgage without informing the wife. The lawyer was not paid by the husband so he sued the wife.
US Petitioner v. Antonio J. Morrison
was indicted for the distribution of heroine and sought private counsel. In the latter's absence she was subject to advisement by two public DEA agents; immediately after Morrison contacted her private counsel and claimed that her Sixth Amendment rights were violated, unsuccessfully issuing the District Court for a drop of the charges. This decision was turned around in the Court of Appeals and reached the Supreme Court. Did they wrongfully dismiss criminal charges on the ground that the defendant's Sixth Amendment rights were violated in a way that had no tangible effect on the trial? Yes, by unanimous decision. Although Morrison's rights were violated, they should not have been remedied beyond the scope of harm inflicted on the defendant.
Beck v. Beck
whether or not courts should be allowed to grant joint custody of children when both the mother and father never filed for it.
Lehr v. Robertson
Dad hadn't been with child, child gets adopted by stepfather, father tries to null adoption, court sides with stepfather
Marvin v. Marvin
• Not married, California isn't a common-law state (7 year rule doesn't apply) but they were holding out
• Issue: she was kicked out and he supported her for a little while, but then stopped
• She wanted money for her years of service, but she didn't get any
Goodridge v. Department of Public Health
MA legalizes same-sex marriage
- The denial of marriage licenses to same-sex couples violated provisions of the state constitution guaranteeing individual liberty and equality, and was not rationally related to a legitimate state interest
Hernandez v. Robles
There, the court upheld that state's (then) ban on same-sex marriage, finding "at least two grounds that
rationally support the limitation on marriage that the Legislature has enacted" Note that the state of New York ended up passing a law allowing for samesex marriage
Strauss et al Vs. Horton
Proposition 8 was upheld by the California Supreme Court.
Alison D. v. Virginia M
whether a biological stranger to a child who is in custody of biological mother has the right to seek visitation for a child
-not a parent in the eyes of the law so does deserve visitation
Chambers v. Ormiston
C.M. v. C.C.