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Discrimination (p. 260): Racial discrimination (Aborigines, indigenous peoples and minorities) (p. 269):

Aboriginal customary law (p. 280)

Related issues-

Makarrata



Aboriginal Land Rights: Action Booklet. Redfern, N.S.W., Aboriginal Land Rights Campaign, 1976. Pp. 23.

In August 1976 a National Aboriginal Land Rights Conference met in Sydney. The aim was to study the implications of the Aboriginal Land Rights (Northern Territory) Bill, 1976 and to determine what action needed to be taken to oppose unacceptable aspects of the Bill. This action handbook sets out the grounds for opposition and the reasons underlying it. With land rights an important issue at present for any Aborigines, this booklet is a useful statement of some of the issues involved.

AUSTRALIA, ABORIGINAL LAND RIGHTS COMMISSION. Second Report, April 1974. Canberra, Australian Government Publishing Service, 1975. Pp. 184.

The Commission tried to discover the aspirations towards land ownership of a wide variety of Aboriginal groups. The document sets out, in clear and precise language, all the relevant information on which the Commission based its recommendations. This information is most valuable.

AUSTRALIA, PARLIAMENT, JOINT SELECT COMMITTEE ON ABORIGINAL LAND RIGHTS IN THE NORTHERN TERRITORY. Report. Canberra, Australian Government Publishing Service, 1977. Pp. 104. ISBN 0 642 03057 X.

Coe v. Commonwealth. (1979) 24 Australian Law Reports 118-38.

The claim to land rights, advanced in terms of common law doctrine, failed for procedural reasons.


282 Bibliography
EAMES, G. Land Rights or a Sell Out? An Analysis of the Aboriginal Land Rights (Northern Territory) Bill 1976. Alice Springs, Central Land Council. Pp. 18.

The paper is a comparative analysis of the Aboriginal Land Rights Bill passed by Federal Parliament in December 1976 with forty-two amendments. The author argues that the Bill can be seen as an attempt to drive a wedge between traditionally oriented Aborigines in the Territory and other Aboriginal groups, and that the government has acceded to pressure from the Northern Territory Legislative Assembly and Mining and Pastoral interests.

KEON-COHEN, B. A. 'A Progress Report, Land Rights in the Territory'. (1979) 4 Legal Service Bulletin, 235-39.

KEON-COHEN, B. A. 'The Makarrata — a Treaty within Australia Between Australians: Some Legal Issues'. (1981) 57(9) Current Affairs Bulletin, 4.

MADDOCK, K. J. Anthropology, Law and the Definition of Australian Aboriginal Rights to Lands. Nijmegan, Institute of Folk Lore, Catholic University, 1980.

MIDDLETON, H. But Now We Want the Land Back. Sydney, New Age Publishers, 1977. Pp. 202. ISBN 0 908077 16 5.



Miiirrpum v. Nabako Pty Ltd and Commonwealth. (1971) 17 Federal Law Reports 141-294 (Gove Land Rights Case).

The claim to land rights, advanced in terms of Common Law doctrine, failed.

PETERSON, NICOLAS (ed.). Aboriginal Land Rights: A Handbook. Canberra, Australian Institute of Aboriginal Studies, 1981. Pp. vi + 297. ISBN 0 85575 125 8.

PITTOCK, A. BARRIE. 'Aboriginal Land Rights', in F. S. Stevens (ed.), Racism: The Australian Experience. vol. 2. Australia and New Zealand Book Company, 1971, pp. 188-210.

TOBIN, P. Aboriginal Land Rights in N .S .W .: Demands, Law and Policy. Carlton, Vic., Abschol. Pp. 53.

A great deal of work has gone into this attempt to document the basis for land claims in N.S.W. The Aboriginal people on some of the twelve reserves visited by three Aborigines and the writer express their concepts of their rights and their needs in relation to land. Also of great value are the two sections dealing with the position of Aboriginal land claims with respect to land. Although not stated, it is evident that the material was prepared prior to 1972 which immediately dates some of it — for example the section titled 'Current N.S.W. Government Policy towards Aboriginal Reserves'. There remains, however, much that is useful and, as the author intended, it will provide N.S.W. Aborigines with an information resource about land claims. There are a number of annoying printing errors in the text.

External affairs power

Commonwealth of Australia v. Tasmania. (1983) 57 Australian Law Journal Reports 450-574; (1982-83) 46 Australian Law Reports 625-861 (the Dams case, or Tasmanian Dams case).

The High Court held (by a 4-3 majority) that the Commonwealth has power under the 'external affairs' power of the Australian Constitution (section 51(xxix)) to make laws to meet international obligations which arise from the signing of multilateral treaties.

HOWARD, C. `Koowarta v. Bjelke-Petersen and Others; Queensland v. Commonwealth of Australia — External Affairs Power'. (1982) 13 Melbourne University Law Review, 635-42.


Discrimination 283


Koowarta v. Bjelke-Petersen. (1982) 56 Australian Law Journal Reports 625-68; (1981-82) 39 Australian Law Reports 417-95.

The High Court held that the Commonwealth of Australia had power under the Australian Constitution's 'external affairs' power (s. 51(xxix)) to pass the Racial Discrimination Act 1975, in order to meet Australia's international obligations.

LANE, P. H. 'The Federal Parliament's External Affairs Power: Koowarta's Case'. (October 1982) 56 Australian Law Journal, 519-23.

LANE, P. H. 'The Federal Parliament's External Affairs Power: The Tasmanian Dam Case'. (1983) 57 Australian Law Journal, 554-9.

NETTHEIM, GARTH. 'Case Note: Validity of Racial Discrimination Act, 1975 (Cth.)'. (1982) 4 Aboriginal Law Bulletin, 8-9.

SAWER, GEOFFREY. 'The External Affairs Powers of the Commonwealth and Koowarta's Case'. (1982) 54 Australian Quarterly, 428-34.

SAWER, GEOFFREY, 'The Koowarta Decision'. (1982) 1 Human Rights, 6-8.

In this paper, Professor Sawer discusses the Commonwealth's power under the external affairs power of the Constitution to legislate against discrimination.

Voting

See also—



Discrimination (p. 260): Racial discrimination (Aborigines, indigenous peoples and minorities) (p. 269); Human
rights — general (p. 131): Domestic instruments and agencies (p. 154): United States Constitution (p. 159);
Philosophy of equality (p. 173), Sex discrimination — women (p. 288)

AUERBACH, CARL A. 'The Reapportionment Cases: One Person, One Vote — One Vote, One Value'. (1964) Supreme Court Review, 1-87.

CASTBERG, FREDE. The European Convention on Human Rights. Leiden, Sijthoff; Dobbs Ferry N.Y., Oceana, 1974, pp. 181-183. ISBN 90 286 0503 7 (Sijthoff).

ISBN 0 379 00202 7 (Oceana).

DERFNER, A. 'Racial Discrimination and Right to Vote'. (1973) 26 Vanderbilt Law Review, 532-84.

GILLETTE, W. The Right to Vote: Politics and the Passage of the Fifteenth Amendment. Baltimore and London, The John Hopkins Press, 1965. Pp. 206.

ISBN 8018 0218 0.

HAMILTON, HOWARD (ed.). Legislative Apportionment: Key to Power. New York, Harper and Row, 1964. Pp. viii + 181.

This is a collection of essays which deal with such facets of apportionment as

malapportionment and the power of rural areas prior to judicially ordered reapportionment.

MEIKLEJOHN, ALEXANDER. Political Freedom: The Constitutional Powers of the People. New York, Harpers, 1960. Pp. xxv + 166.

This is a declaration of the important roles of the guarantees of speech and voting in assuring political freedom.

SYMPOSIUM. 'Baker v. Carr'. (1962) 72 Yale Law Journal, 7-160.

The principle of equal representation of individuals was held to limit the permissible extent of special representation of groups or regions, though the precise nature of this limit was not specified. This symposium examines practical and theoretical issues.


284 Bibliography
SYMPOSIUM. 'Developments in the Law: Elections'. (1975) 88 Harvard Law Review, 1111-339.

Deals with the U.S. Supreme Court decisions which upheld representation proportionate to population, against State schemes of uneven representation based on local geographical, economic or political factors.

SYMPOSIUM. 'Reapportionment'. (1964) 63 Michigan Law Review, 209-77.

Incitement to racial hatred and prejudice

See also —

Discrimination (p. 260): Racial discrimination (Aborigines, indigenous peoples and minorities) (p. 269); Civil and political rights (p. 176): Freedom of religion, thought and conscience (p. 255): Civil disobedience

and symbolic speech (p. 258)

Related issues —

access to the media; censorship; defamation and libel; freedom of the press (media); journalistic privileges



Beauharnais v. Illinois. 343 United States Reports 250 (1952).

In this case the U.S. Supreme Court upheld a law prohibiting 'group libel', arguing that libel was not within the constitutional guarantee of free speech. Four dissenting opinions argued this to be dangerous censorship.



Bond v. Floyd. 358 United States Reports 116 (1966).

Bond was elected to the Georgia House of Representatives but was refused his seat because he publicly criticised the involvement of the U.S. in Vietnam. The Supreme Court held that his unseating was a violation of the 1st Amendment of the U.S. Constitution. This decision is important because it makes clear that stirring speech is protected speech.

BRECKHEIMER, S. E. & NELSON, R. O. 'Group Methods for Reducing Racial Prejudice and Discrimination'. (1976) 39 Psychological Reports, 1259-68.

COHEN, STEPHEN S. 'Hate Propaganda — The Amendments to the Criminal Code'. (1971) 17 McGill Law Journal, 740-91.

ENGEL, F. 'The Protestant Church and Race Prejudice', in F. S. Stevens (ed.), Racism: The Australian Experience. vol. 1. Sydney, Australia and New Zealand Book Company, 1971, pp. 175-88.

HUMAN RIGHTS COMMISSION. Incitement to Racial Hatred: Issues and Analysis (Occasional Paper No. 1). Canberra, Australian Government Publishing Service, 1982.

Pp. 31 + 2. ISBN 0 644 02192 6. ISSN 0810 0314.

HUMAN RIGHTS COMMISSION. Incitement to Racial Hatred: The International Experience (Occasional Paper No. 2). Canberra, Australian Government Publishing Service, 1982. Pp. 65. ISBN 0 644 02222 1. ISSN 0810 2023.

Discusses the history and implementation of legislation dealing with the dissemination of racially hateful ideas in the U.K., New Zealand, Canada, the U.S., Belgium, France and the Netherlands. Includes comparative table of legislation, and relevant sections of the various Acts discussed.


Discrimination 285


HUMAN RIGHTS COMMISSION. Words that Wound (Occasional Paper No. 3). Canberra, Australian Government Pubishing Service, 1983. Pp. 97. ISBN 0 644 02491 7. ISSN 0810 2023.

Proceedings of a Conference on Freedom of Expression and Racist Propaganda held in Melbourne in November 1982. Discusses community perspectives and perceptions, as well as legal and social responses.

HUMAN RIGHTS COMMISSION. Proposed Amendments to the Racial Discrimination Act Concerning Racial Defamation (Discussion Paper No. 3). Canberra, Human Rights Commission, 1983. Pp. 7.

LEOPOLD, P. M. 'Incitement to Hatred the History of a Controversial Criminal Offence'. (1977) Public Law, 389-405.

MARKUS, A. From the Barrel of a Gun: the Oppression of the Aborigines, 1860-1900. West Melbourne, Vic., Victorian Historical Association, 1974. Pp. 80.

ISBN 0 9500 9673 3.

MULKEARNS, R. A. 'The Catholic Church and Race Prejudice', in F. S. Stevens (ed.), Racism: The Australian Experience. vol. 1. Sydney, Australia and New Zealand Book Company, 1971, pp. 189-193.

NEW SOUTH WALES ETHNIC AFFAIRS COMMISSION. Racist Propaganda Its Nature, Extent and Community Reaction to it — A Summary of the Current Situation as at 20th November. Sydney, Government Printer, 1981. Pp. 11.

This paper is an investigation into racist activities which have come to the Commission's attention.

NETTHEIM, GARTH. 'Racism, the Church and Australia', in F. S. Stevens (ed.), Racism: The Australian Experience. vol. 1. Sydney, Australia and New Zealand Book Company, 1971, pp. 159-74.

PAVLAK, T. J. 'Social Class, Ethnicity and Racial Prejudice'. (1973) 37 Public Opinion, 225-31.

PAY, J. J. 'Authoritarianism and Racial Prejudice in Australia — Reply'. (1976) 9 Journal of Social Psychology, 163-6.

STEVENS, F. S. (ed.). Racism: The Australian Experience: A Study of Race Prejudice in Australia. 3 vols. Sydney, Australia and New Zealand Book Company, 1971. Pp. 221 (Vol. 1), Pp. 266 (Vol. 2) and Pp. 477 (Vol. 3). ISBN 0 85552 023 X (Vol. 1),

0 85552 009 4 (Vol. 2) and 0 85552 045 0 (Vol. 3).

This book is a comprehensive treatment of the subject of race prejudice consisting of a large collection of papers by experts in the field. Prejudice and Xenophobia (vol. 1) looks at the nature of race and racism and analyses the Australian situation mainly in terms of the migrant population. Black versus White (vol. 2) deals with the nation's treatment of Aborigines particularly the parameters of the conflict, the law, politics, economics and education. The third volume, Colonialism, moves into the international sphere and is concerned with Australia and the Empire, Papua New Guinea and Africa. An important collection of papers.

WILLIAMS, D. G. T. 'Protest and Public Order'. (1970) Cambridge Law Journal, 96-121.

WILLIAMS, D. G. T. 'Racial Incitement and Public Order'. (1966) Criminal Law Review, 320-27.

WILLIAMS, D. G. T. 'Threats, Abuse, Insults'. (1967) Criminal Law Review, 385-400.


286 Bibliography
Employment

See also —



Discrimination (p. 260): Racial discrimination (Aborigines, indigenous peoples and minorities) (p. 269),

Affirmative action (p. 299), Freedom of association (p. 220): Trade unions (p. 221)

ASHENFEL, O. 'Racial Discrimination and Trade Unionism'. (1972) 80journal of Political Economy, 435-64.

CASTLE, R., ENDRES, A., HOGAN, J. & MAHER, T. Employment Opportunities for Aborigines in New South Wales. Wollongong, Ministry of Aboriginal Affairs, 1983. Pp. 98.

COUSINS, DAVID & NIEUWENHUYSEN, JOHN. Aboriginal Unemployment in Australia: Its Extent and Policies to Reduce It. Melbourne, Committee for Economic Development of Australia, 1983. Pp. 52. ISBN 0 85801 128 X.

EDWARDS, H. T. 'Race Discrimination in Employment — What Price Equality'. (1976) University of Illinois Law Review, 572-626.

'Employment Discrimination — The Use of the 'Bumping' Remedy to Alleviate Effects


of Past Sex and Race Discrimination'. (1975) 28 Rutgers Law Review, 1285-303.

Griggs v. Duke Power Co. 401 United States Reports 424 (1970).

This is an important case because the Supreme Court argued that Title VII of the Civil Rights Act of 1964 requires the elimination of artificial, arbitrary, and unnecessary barriers to employment that operate invidiously to discriminate on the basis of race. If an employment practice that operates to exclude Negroes cannot be shown to be related to job performance, it is prohibited, notwithstanding the employer's lack of discriminatory intent.

HARRIES, JOHN V. Employment Protection: the 1975 Act Explained. London, Oyez, 1975. Pp. xix + 194. ISBN 0 85120 277 2.

HEPPLE, B. A. Race, jobs and the Law. 2nd edn. Harmondsworth, Penguin, 1970.

HUMAN RIGHTS COMMISSION. Payment of Award Wages on Aboriginal Reserves in Queensland (Discussion Paper No. 2). Canberra, Human Rights Commission, 1983. Pp. 4.

ROSENTHAL, A. J. 'Employment Discrimination and Law'. (1973) 407 Annals of the American Academy of Political and Social Science, 91-101.

Education

See also —



Discrimination (p. 260): Racial discrimination (Aborigines, indigenous peoples and minorities) (p. 269), Affirmative action (p. 299); Civil and political rights (p. 176): Reverse discrimination (p. 303), Preferential admission (p. 305) Related issues —

religious schools; segregation, separate-but-equal doctrine

ASAKI, DAVID, JACOBS, MICHAEL A. & SCOTT, SHARON Y. 'Racial Segregation and the Tax-Exempt Status of Private Educational and Religious Institutions'. (1982) 25 Howard Law Journal, 545-66.


Discrimination 287


BELL, DERRICK A. Race, Racism and American Law. Boston, Little, Brown, 1980. Pp. xxvii + 685.

Brown v. Board of Education 347 United States Reports 483 (1954).

This case held 'separate but equal' to be inherently impossible, the very fact of segregation by race being an imposition of inequality unlawful under the U.S. Constitution.

COLEMAN, J. S. et al. Equality of Educational Opportunity. Washington, Government Printing Office, 1966.

CRAIN, ROBERT L. & MAHARD, RITA E. 'How Desegregation Orders May Improve Minority Academic Achievement'. (1982) 16 Harvard Civil Rights — Civil Liberties Law Review, 693-734.

DORSEN, NORMAN. 'Racial Discrimination in "Private" Schools'. (1967) 9 William and Mary Law Review, 39-58.

GRAGLIA, LINO A. Disaster by Decree: The Supreme Court Decisions on Race and the Schools. Ithaca, Cornell University Press, 1976. Pp. 351. ISBN 0 8014 0980 2.

This is an analysis of judicial decisions in the area of educational desegregation and a criticism of judicially devised remedies designed to implement substantive constitutional rights, particularly the controversial busing remedy.

GRAHAM, STEWART. 'A Jurisprudence of Equality: The Fourteenth Amendment and School Desegregation'. (1977) 11 Akron Law Review, 203-24.

JuD, G. D. & WALKER, J. L. 'Discrimination by Race and Class and Impact of School Quality'. (1977) 57 Social Science Quarterly, 731-49.

KLUGER, RICHARD. Simple Justice: The History of Brown v. Board of Education and Black


America's Struggle for Equality. New York, Alfred A. Knopf, 1975. Pp. x + 823

+ xxiii. ISBN 0 394 47289 6.

This is a massive, in-depth analysis of the history of the Court's decision in the public school
segregation case and of the struggle for racial equality in the United States education system.

MANLEY, R. E. 'Prejudice, Race and Educational Advancement'. (1974) 6 Urban Lawyer, 414-20.

MILLER, ARTHUR S. Racial Discrimination and Private Education: A Legal Analysis. Chapel Hill, University of North Carolina Press, 1957.

This is a somewhat outdated but nonetheless useful analysis of some of the constitutional problems involved in preventing racial segregation in private schools.

MILLER, TRACY. 'Desegregation and the Meaning of Equal Educational Opportunity in Higher Education'. (1982) 17 Harvard Civil Rights — Civil Liberties Law Review, 555-629.

MOENS, GABRIEL. Equality for Freedom. A Critical Study of Unresolved Problems of School Desegregation in the United States. Vienna, Wilhelm-Braumuller Universitats-Verlagsbuchhandlung, 1976. Pp. viii + 73. ISBN 3 7003 0135 9.

The role of education in the American legal system as well as the history of desegregation are discussed critically in this book. It is a good introduction to the study of race relations in the field of education.

Plessy v. Ferguson 163 United States Reports 537 (1896)

This case held the 'equal protection of the laws' clause of the U.S. Constitution to prohibit laws imposing political but not social inequality. Segregation was permissible since the races could be 'separate but equal'.


288 Bibliography
'Racial Exclusion By Religious Schools'. (1979) 91 Harvard Law Review, 879-86.

ROTHSTEIN, LAWRENCE E. 'The Politics of Legal Reasoning: Conceptual Contests and Racial Segregation'. (1980) 15 Valparaiso University Law Review, 81-136.

RUBIN, LILLIAN B. Busing and Backlash: White Against White in a California School District. Berkeley, University of California Press, 1972. Pp. viii + 248.

ISBN 0 520 02198 3.

SANDALOW, TERRANCE. 'Racial Preferences in Higher Education: Political Responsibility and the Judicial Role'. (1975) 42 University of Chicago Law Review, 653-703.

SHimpo, MITSURU. The Social Process of Aboriginal Education in the Northern Territol y. Darwin, Department of Education, Northern Territory Division, 1978.

Pp. iv + 176.

'The Twenty-Fifth Anniversary of Brown'. (1979) 28 Emory Law Journal, 899-1032.

VICTORIA, COMMITTEE ON EQUAL OPPORTUNITY IN SCHOOLS. Report to the Premier of Victoria. Melbourne, Government Printer, 1977. Pp. 258. ISBN 0 7241 1390 8.

WILKINSON, J. HARVIE, III. From Brown to Bakke: The Supreme Court and School Integration: 1954-1978. New York, Oxford University Press, 1979. Pp. viii + 368. ISBN 0 19 502567 9.

WINTERTON, GEORGE. 'Comments on the "Integration Debate in the United States: The Interplay of Quality and Equality" by Gabriel Moens'. (April 1980) 18 Bulletin of the Australian Society of Legal Philosophy , 40-7.

YUDOF, MARK G. 'International Human Rights and School Desegregation in the United States'. (1980) 15 Texas International Law Journal, 1-45.



Sex discrimination — women

See also —



Discrimination (p. 260): Affirmative action (p. 299), Discrimination— homosexuals (p. 298); Rights of special groups (p. 310): Immigrants' and aliens' rights (p. 320), Disabled persons' rights (p. 329); Civil and political rights (p. 176): Right to life (p. 182): Abortion (p. 184)

Related issues —

battered women; employment; equal rights amendment; family law; feminism; marital status; matrimonial property; migrant women; prostitution; protection against rape; right to participate; sexual harassment; social services; union rights; women in universities

ARMSTRONG, SUSAN. 'Women and the Law', in Report of Third Biennial Conference (Australian Federation of Business and Professional Women's Clubs), 1-2 September, 1973, pp. 114-28.

ASCHE, AUSTIN. 'Changes in the Rights of Women and Children under Family Law Legislation'. (1975) 49 Australian Law Journal, 387-99.

AUSTRALIA, DEPARTMENT OF HOME AFFAIRS AND ENVIRONMENT, OFFICE OF WOMEN'S AFFAIRS. Copenhagen and Beyond. Canberra, Australian Government Publishing Service, 1981. Pp. 81. ISBN 0 642 06535 7.

A report on 'Perspectives on the World Conference and Non-government Organizations Forum for the United Nations Decade for Women' (the mid-decade conference), Copenhagen, Denmark, July 1980.


Discrimination 289


AUSTRALIA, DEPARTMENT OF THE PRIME MINISTER AND CABINET. Women and Politics Conference 1975. 2 vols. Canberra, Australian Government Publishing Service, 1977. Pp. 205 (vol. 1) and Pp. 247 (vol. 2).

These volumes contain articles on 'Bureaucracy and Aboriginals', 'Women and the Law', 'Migrant Women in the Workforce', 'Aboriginal Women' and 'Racism and Sexism as Determinants of the Status and Position of Aboriginal Men and Women in Australia'.

AUSTRALIA, SCHOOLS COMMISSION. Girls, School and Society. Canberra, Australian Government Publishing Service, 1975.

AUSTRALIAN COUNCIL OF CHURCHES, NEW SOUTH WALES STATE COUNCIL, COMMISSION ON THE STATUS OF WOMEN. Report of the Enquiry into the Status of Women in the Church. Sydney, Australian Council of Churches, 1974. Pp. 94.

BABCOCK, BARBARA, FREEDMAN, ANN, NORTON, ELEANOR & Ross, SUSAN. Sex Discrimination and the Law: Causes and Remedies. Boston, Little, Brown, 1975.

BELOFF, MICHAEL J. & WILSON, HILARY MARGARET. Sex Discrimination: The New Law. London, Butterworths, 1976. Pp. vi + 212.

BETTISON, MARGARET & SUMMERS, ANNE (eds). Her Story: Australian Women in Print
1788-1975. Sydney, Hale & Iremonger, 1980. Pp. 181. ISBN 0 908094 515.

This book is an attempt to bring together some of the published records of the achievements of women in Australia. The bibliography contains more than 3000 books and journals by or about women, grouped under topics for ease of access.

BISHOP, BARBARA & PETERSEN, KERRY. Pink Pages: A Directory of Women's Rights in Australia. Ringwood, Penguin, 1978. Pp. 325. ISBN 0 14 070067 6.

BOLES, JANET K. The Politics of the Equal Rights Amendment. Conflict and the Decision Process. New York, Longman, 1979. Pp. x + 214.

BRANSON, IAN 8z MILLER, DONALD B. Class, Sex and Education in Capitalist Society. Culture, Ideology and the Reproduction of Inequality in Australia. Malvern, Victoria, Sorrett Publishing, 1979. Pp. x + 182. ISBN 0 909752 52 4.

BROWN, BARBARA A., EMERSON, THOMAS I., FALK, GAIL & FREEDMAN, ANNE. 'The Equal Rights Amendment: A Constitutional Basis for Equal Rights for Women'. (1971) 80 Yale Law journal, 871-985.

This extensive article is a discussion of the inadequacy of the equal protection clause in protecting the rights of women, an argument in support of the adoption of an equal rights amendment and an in-depth analysis of the interpretation and application of such an amendment to a variety of situations. It discusses such matters as the development in Congress of the proposed amendment, the constitutional framework, the problems of transition the amendment would require, and the effect of the amendment in such areas as protective labor laws, domestic relations law, criminal law, and the military.

BROWNFOOT, JANICE & SCOTT, DIANNE. The Unequal Half: Women in Australia Since 1788. Sydney, Reed Education, 1977. Pp. 64. ISBN 0 589 09194 8.

BRUCE, M. K. 'Work of the United Nations Relating to the Status of Women'. (1971) 4 Human Rights Quarterly, 365-412.

CALHOUN, E. `13th and 14th Amendments—Constitutional Authority for Federal Legislation Against Private Sex-Discrimination'. (1977) 61 Minnesota Law Review, 313-62.


290 Bibliography
C
HASEN, J. H. 'Sex-Discrimination and Equal-Protection— Question of A Suspect Classification'. (1975) 5 New York University Review of Law and Social Change, 1-38.
ALIFORNIA COMMISSION ON THE STATUS OF WOMEN, EQUAL RIGHTS AMENDMENT PROJECT (ed.). Impact ERA: Limitations and Possibilities. Millbrae, California, Les Femmes Publishing, 1976. Pp. xii + 287.

CHAFE, WILLIAM H. Women and Equality. New York, Oxford University Press, 1977. Pp. xiii + 207. ISBN 0 19 502158 4.

CHAPMAN, JANE ROBERTS (ed.). Economic Independence for Women. The Foundation for Equal Rights. Beverly Hills, Sage Publications, 1976. Pp. 285. ISBN 0 8039 0444 4.

CHIPMAN, LAUCHLAN. 'Sexual Equality and Affirmative Action — How Far is too Far?'. (1983) 10 Canberra Bulletin of Public Administration, 33-40.

COOTE, A. & CAMPBELL, B. Sweet Freedom: The Struggle for Women's Liberation. London, Pan Books, 1982, Pp. 258. ISBN 0 330 26511 3.

COOTE, ANNA & GILL, TESS. Women's Rights: A Practical Guide. Harmondsworth, Penguin Books Ltd, 1974. Pp. 349. ISBN 0 14 052305 7.

DELSMAN, MARY A. Everything You Need to Know About ERA (The Equal Rights Amendment). Riverside, California, Meranza Press, 1975.

Designed for the general audience, this is an argument in support of the Equal Rights Amendment. Drawing upon scholarly studies, it discusses the effects of ERA upon law in general and in such areas as education, employment, sex crimes, marriage, and the family.

DIXSON, MIRIAM. The Real Matilda: Woman and Identity in Australia, 1788 to 1975. Harmondsworth, Penguin, 1976. Pp. 280.

DUCHACEK, I. D. Rights and Liberties in the World Today: Constitutional Promise and Reality. Santa Barbara, California, ABC Clio, 1973, pp. 89-95.

ISBN 0 87436 112 5.

EMERSON, THOMAS I. 'In Support of the Equal Rights Amendment'. (1970-71) 6 Harvard Civil Rights — Civil Liberties Law Review, 225-42.

ENGEL, S., MACKENZIE, N. & TEBBUTT, M. Women and Society: an Australian Study. Melbourne, Cheshire, 1974. Pp. xiii + 320. ISBN 0 7015 1921 5.

This book, which includes a valuable index and bibliographies, discusses the rights of women in Australian society.

EQUAL RIGHTS AMENDMENT PROJECT. The Equal Rights Amendment: A Bibliographic Study. Westport Connecticut, Greenwood Press, 1976.

This is a comprehensive bibliography of materials dealing with women's issues since the early twentieth century. It includes citations to newspapers, popular magazines, scholarly journals, government documents, dissertations and books. The Equal Rights Amendment Project was founded to undertake a study of the impact of the Equal Rights Amendment.

GOLDSTEIN, LESLIE FRIEDMAN. The Constitutional Rights of Women. Cases in Law and Social Change. New York, Longman, 1979. Pp. x + 414.

GRIEVE, N. & GRIMSHAW, P. (eds). Australian Women. Melbourne, Oxford University Press, 1981.

GUGGENHEIM, M. H. 'Implementation of Human Rights by the U.N. Commission on the Status of Women: A Brief Comment'. (1977) 12 Texas International Law Journal, 239-49.


Discrimination 291


HEITLINGER, ALENA. Women and State Socialism. Sex Inequality in the Soviet Union and
Czechoslovakia. London, Macmillan, 1979. Pp. x + 241. ISBN 0 333 26227 1.

HEWITT, PATRICIA. Rights for Women. London, National Council for Civil Liberties, 1975. Pp. 95. ISBN 0 901108 49 9.

This booklet includes a step-by-step guide on how women can protect their rights by taking a complaint to the English Equal Opportunities Commission, which has been set up to combat discrimination on grounds of sex.

HOSKEN, FRAN P. 'Toward a Definition of Women's Rights'. (1981) 3 Human Rights Quarterly, 1-10.

HUGHES, MARIJA MATICH. The Sexual Barrier. Legal, Medical, Economic and Social Aspects of Sex Discrimination. Washington, Hughes Press, 1977. Pp. xxi + 843. ISBN 0 912560 04 5.

A uniquely comprehensive bibliography that covers an exceedingly wide range of issues related to the status of women.

JOHNSTON, JOHN D., JR. 'Sex Discrimination and the Supreme Court — 1975'. (1975) 23 University of California Los Angeles Law Review, 235-65.

KHUSHALANI, YOUGINDRA. Dignity and Honour of Women as Basic and Fundamental Human Rights. The Hague, Martinus Nijhoff Publishers, 1982. Pp. 153. ISBN 90 247 2585 2.

The human right discussed here is the 'right of women to protection of dignity and honour as well as protection against rape during armed conflict'. A conclusion is drawn that the right of women to their dignity and honour is a fundamental, substantive, legal right. In time of war women retain their right to dignity and honour. Rape of women is a negation of such a right. States are committed to defend this right irrespective of whether a war is just or unjust.

KINGSTON, BEVERLEY (ed.). The World Moves Slowly: A Documentary History of Australian


Women. Stanmore, N.S.W., Cassell Australia, 1977. Pp. 202. ISBN 0 7269 4702 4.

KRICHMAR, ALBERT (ed.). The Women's Rights Movement in the United States 1848-1970. A Bibliography and Sourcebook. Metuchen, New Jersey, The Scarecrow Press, 1972. Pp. ix + 436. ISBN 0 8108 0528 6.

This bibliography contains over five thousand citations, some of which are annotated, to books, doctoral theses, periodical literature, and government documents dealing with various aspects of women. It also contains about four hundred citations to manuscript sources. In addition to the legal and political status of women, the suffrage movement, and the Equal Rights Amendment, topics such as women and employment, education, and religion are covered.

KURTZ, P. M. 'The State Equal Rights Amendments and their Impact on Domestic Relations Law'. (1977) 11 Family Law Quarterly, 101-50.

This article discusses various aspects of the State Equal Rights Amendments as they affect domestic relations law: homosexual marriage, minimum age requirements for marriage, alimony upon divorce, child custody and support.

LLOYD, C. Sex Discrimination and the Division of Labor. New York, Columbia University Press, 1975.

MACLEOD, J. S. 'Sex-Discrimination — What it is, how to Combat it'. (1976) 1 Employee Relations Law Journal, 559-62.

MADDEN, J. F. The Economics of Sex Discrimination. Lexington, Massachusetts, Lexington Books, 1973. Pp. xiii + 140. ISBN 0 669 90506 2.


292 Bibliography
MCDOUGAL, M. S., LASS WELL, H. D. & CHEN, L. 'Human Rights for Women and

World Public Order — Outlawing of Sex-Based Discrimination'. (1975) 69 American Journal of International Law, 497-533.

MILLER, HARRY V. B. 'Sex Discrimination and Equal Protection: An Analysis of

Constitutional Approaches to Achieve Equal Rights for Women'. (1973) 38 Albany Law Review, 66-83.

MITCHELL, ROMA. Women's Liberation and the Law (Sir John Morris lecture). Hobart, Adult Education Board (Tasmania) 1971.

The pamphlet discusses suffrage, election of women, jury service, education, women in the workforce, the family and discriminations against married women quoting some legal cases. The author argues that 'Most Australian men and women are probably still completely apathetic to the demands made by the Women's Liberation groups, but this may not be the position 10 years hence if inequalities are allowed to continue unchecked'.

MOEN, E. Women's Rights and Reproductive Freedom'. (1981) 3 Human Rights Quarterly, 53-60.

NATIONAL WOMEN'S ADVISORY COUNCIL. More Than a Token Gesture — First Annual



Report 1979. Canberra, Australian Government Publishing Service. Pp. 86. NATIONAL WOMEN'S ADVISORY COUNCIL. An Equal Voice — Annual Report 1980.

Canberra, Australian Government Publishing Service, 1980. Pp. 97.

This report contains recommendations relating to Aboriginal and Torres Strait Islanders Women, and the Convention on the Elimination of All Forms of Discrimination Against Women.

NATIONAL WOMEN'S ADVISORY COUNCIL. Annual Report 1980-81. Canberra, Australian Government Publishing Service, 1981. Pp. 139.

NATIONAL WOMEN'S ADVISORY COUNCIL. Australian Plan of Action. Canberra, Australian Government Publishing Service, 1982. Pp. 24.

NEW SOUTH WALES, COMMITTEE ON SEXISM IN EDUCATION. Report. Sydney, Government Printer, 1977.

NICHOLAS, S. C., PRICE, A. & RUBIN, R. Rights and Wrongs: Women's Struggle for Legal Equality. New York, Feminist Press/McGraw Hill, 1979.

O'KEEFFE, ELIZABETH. 'The Scope of Existing Anti-Discrimination Legislation in Australia'. (April 1981) 3 Newsheet (Office of Women's Affairs), 2-7.

REANDA, LAURA. 'Human Rights and Women's Rights: The United Nations Approach'. (1981)3 Human Rights Quarterly, 11-31.

REID, E. Equality: the New Issues. Melbourne, Victorian Fabian Society, 1973. Pp. 15. ISBN 0 909 95306 6.

This pamphlet, which includes bibliographical references, deals with egalitarianism and reform as far as women in Australia are concerned.

RIGG, JULIE (ed.). In Her Own Right. Thomas Nelson, Melbourne, 1969. Pp. viii + 184. ISBN 17 00181 8 O.

Ross, SUSAN DELLER. The Rights of Women. The Basic ACLU Guide to a Woman's Rights. New York, Avon Books, 1973. Pp. 384.

ROWLANDS, R. G. 'Are Girls a Disadvantaged Group?'. (1976) 20 Australian Journal of Education, 1, 21-37.


Discrimination 293
RUHL, MARY B. 'Constitutional Law: Equal Protection — Sex Discrimination — Selective Service Laws'. (1976) 1 Wisconsin Law Review, 330-51.

SACHS, ALBIE & WILSON, JOAN HOFF. Sexism and the Law. Oxford, Martin Robertson, 1978. Pp. x + 257. ISBN 0 85520 126 6.

This study documents the judicial response to attempts by feminists in England and the United States to use the courts to secure full citizenship, including the right to vote, to sit on juries, and to work in all occupations.

SAFILIOS-ROTHSCHILD, C. 'Sex Discrimination: Theory and Research', in W. A. Veenhoven & W. Crum Ewing (eds.), Case Studies on Human Rights and Fundamental Freedoms: A World Survey. The Hague, Nijhoff, 1976, vol. 5, pp. 135-174. ISBN 90 247 1779 5.

SMITH, P. M. 'The Rights of Spouses in the Matrimonial Home', in J. W. Bridge et al. (eds), Fundamental Rights. London, Sweet & Maxwell, 1973, pp. 84-101.

ISBN 421 19130 9.

STEPHENSON, ROSALIE. Women in Australian Society. South Yarra, Heinemann Educational, 1970. Pp. 129. ISBN 0 85859 001 8.

STINEMAN, ESTHER. Women's Studies. A Recommended Core Bibliography. Littleton,


Colorado, Libraries Unlimited Inc., 1979. Pp. 670. ISBN 0 87287 196 7.

TASMANIA, LAW REFORM COMMISSION. Report on Discrimination on the Ground of Sex. Hobart, Government Printer, 1977. Pp. 44. ISBN 0 7246 0338 7.

TAUBENFELD, FALK R. & TAUBENFELD, H. J. 'Achieving the Human Rights of Women: the Base Line, the Challenge, the Search for a Strategy'. (1975) 4 Human Rights, 125-69.

TAY, ALICE ERH-SOON. 'The Status of Women in the Soviet Union'. (1972) American Journal of Comparative Law, 662-92.

THORNTON, M. 'Sex Discrimination Legislation in Australia'. (1982) 54 Australian Quarterly, 393-403.

TINKER, CATHERINE. 'Human Rights for Women: The U.N. Convention On the Elimination of All Forms of Discrimination Against Women'. (1981) 3 Human Rights Quarterly, 32-43.

UNITED NATIONS. Convention on the Elimination of All Forms of Discrimination Against
Women. Opened for signature 1 March 1980. UN Doc. A/Res. 34/180 (1980).

UNITED NATIONS, SECRETARY-GENERAL. Implementation of the Declaration on the Elimination of Discrimination Against Women. UN Doc. E/CH. 6/571 (1973).



United States Ex. Rel. Robinson v. York (1968) 281 Federal Supplement 955.

This case discusses the question whether it is fair to jail women for an abortion when the father could be expected to be equally responsible for the conception and the decision to abort the foetus.

UNITED STATES, COMMISSION ON CIVIL RIGHTS. Social Indicators of Equality for Minorities and Women: A Report. Washington, 1978. Pp. 136.

Provides examples of ways to develop clear statistical comparisons for social indicators for minorities and women, and presents actual social indicators of equality values.

WELLS, GWENDOLYN M. 'Sex Discrimination and Title VII'. (1975) 43 University of Missouri-Kansas City Law Review, 273-95.


294 Bibliography


WHEELER, LEANN P. 'Judicial Dilemma: Extension or Invalidation of Sexually
Discriminatory Classifications'. (1981) 34 Rutgers Law Review, 128-53.

WILKINS, ROGER. 'Women: Concepts of Sexual Discrimination', in Alice Erh-Soon Tay et al. (eds), Teaching Human Rights: An Australian Symposium. Canberra, Australian Government Publishing Service, 1981, pp. 165-71. ISBN 0 642 06762 7.

WISEBERG, L. S. & SCOBLE, H. M. Women's Rights and International Human Rights: a Bibliographical Note'. (1981) 3 Human Rights Quarterly, 127-35.

Employment

See also —

Discrimination (p. 260): Affirmative action (p. 299)

ARCHIBALD, K. Sex and the Public Service. Ottawa, Public Service Commission of Canada, 1973. Pp. vi + 218.

AUSTRALIA, DEPARTMENT OF EMPLOYMENT AND YOUTH AFFAIRS, WOMEN'S BUREAU. The Role of Women in the Economy. Canberra, Australian Government Publishing Service, 1981. Pp. 73. ISBN 0 642 06845 3.

This is a position paper which was originally prepared as Australia's contribution to the High Level Conference on the Employment of Women held by the OECD in April 1980. It gives information regarding female participation in the Australian workforce and policies to reduce segregation.

AUSTRALIA, ROYAL COMMISSION ON AUSTRALIAN GOVERNMENT ADMINISTRATION. Sexism in Public Service: the Employment of Women in Australian Government Administration. Canberra, Australian Government Publishing Service, 1975.

BEDWELL, PAMELA. Women and Work: The NSW Anti-Discrimination Act. BA (Honours) Dissertion, Department of Sociology, University of New South Wales, 1981.

Pp. iv + 131.

Bell, Biggs, Collier, McKenzie, McHarg Noe and Stephens v . The Crown. Victorian Equal Opportunity Board, Unreported Decision, 11 May 1982.

BEVEGE, M., JAMES, M. & SHUTE, C. (eds). Worth Her Salt: Women at Work in Australia. Sydney, Hale & Iremonger, 1982. Pp. xix + 453. ISBN 0 86806 002 X.



Worth Her Salt brings together research and recollection in an illuminating exploration of women's experiences in Australia. A collection of refreshing diversity, its range of topics includes sexual harassment at work, 'flappers' and their lifestyle, the continuing fight for equal pay, and women pioneers of politic and social reform; it ranges from education in Adelaide at the turn of the century to life in north Queensland in World War II, and looks at the contemporary implications of technological change.

BOYLE, M. BARBARA. 'Equal Opportunity for Women is Smart Business', in Harold H. Frank (ed.), Women in the Organization. Philadelphia, University of Pennsylvania Press, 1977, pp. 173-90. ISBN 0 8122 7715 5.

The author enumerates in this article the economic, social and legal advantages to business of providing equal opportunity for women, and outlines the steps to be taken in establishing a corporate affirmative action program.

BURMAN, SANDRA (ed.). Fit Work For Women. Canberra, Australian National University Press, 1979. Pp. 201. ISBN 0 7081 1075 4.


Discrimination 295
This book presents a collection of essays which discuss the origins of the domestic ideal and its effect on activities usually undertaken by women.

CASs, B., DAWSON, M., TEMPLE, D., WILLS, S. & WINKLER, A. Why so Few? Women


Academics in Australian Universities. Sydney, Sydney University Press, 1983.

Pp. xiv + 253. ISBN 0 424 00095 4.

This study alerts people to the ways in which sex-role division of labour operates in universities. It also argues that discrimination in universities against women is real and systemic. The authors make practical recommendations for breaking down the barriers to the full participation of women academics in the university.

CHIPLIN, BRIAN & SLOANE, PETER J. Tackling Discrimination at the Workplace. An Analysis


of Sex Discrimination in Britain. Cambridge, Cambridge University Press, 1982.

Pp. vii + 156.

CREIGHTON, W. B. Working Women and the Law. London, Mansell, 1979. Pp. xi + 292. ISBN 0720105528.

DEVESON, ANNE. 'Women and Equal Opportunity'. (October 1978) 8 Australian Director, 51-3.



Elaine Opal Markby v. Beaumaris Returned Servicemen's C/ub.Victorian Equal Opportunity Board, Unreported Decision, 4th May 1982.

FRANCIS, B. 'Equal Opportunity: The Anti-Sexist Myth'. (April 1979) Quadrant, 12-20.

GAME, ANN & PRINGLE, ROSEMARY. Gender at Work. Sydney, George Allen & Unwin, 1983. ISBN 0 86861 253 7.

An up-to-date exploration of sex-stereotyping in Australian industries, particularly in manufacturing, banking, retailing, computing, health and housework. Especially informative on the effects of de-skilling.

GINZBERG, ELI & YOHALEM, ALICE M. (eds). Corporate Lib: Women's Challenge to Management. Baltimore, Johns Hopkins University Press, 1973. Pp. x + 153. ISBN 0 8018 1475 8.

The book examines the opportunities of women in corporate management and the question whether women executives cope with conflicting family and corporate responsibilities.

GOUTTMAN, R. 'Males Need Not Apply'. (1975) 10 Australian Journal of Social Issues, 133-4.

HARGREAVES, KAYE. Women at Work. Harmondsworth, Penguin Books, 1982. Pp. xi + 402. ISBN 0 14 022096 8.

The author discusses crucial issues, including the issues of the right to work, equal opportunities and rewards, healthy work environment and unionisation. She argues that the increased participation of women in the Australian workforce presents a major challenge to organisation in the workplace.

JENKS, C. W. Human Rights and International Labour Standards. London, Stevens & Sons; New York, Praeger, 1960, pp. 91-100.

Discusses equal remuneration for men and women.

JONGEWARD, DOROTHY & SCOTT, DRU (eds). Affirmative Action for Women: A Practical


Guide. Reading, Massachusetts, Addison-Wesley Publishing Company, 1973.

Pp. xvi + 334. ISBN 0 201 03293 2.



Julie Diane Gross v. Thomas Nelson (Australia) Pty Ltd. Victorian Equal Opportunity Board, Unreported Decision, 28 November 1980.


296 Bibliography


Kevin Longworth and Erica Mostert v . Parcel Freight Cabs. Victorian Equal Opportunity Board, Unreported Decision, 7 July 1981.

KRANTZ, HARRY. The Participatory Bureaucracy. Lexington, Massachusetts, D.C. Heath, 1976. Pp. 245. Pp. xxii + 244. ISBN 0 669 00557 8.

The author discusses how better representation of various ethnic groups, and of women, can be secured in the public services, mainly by changes in methods of selection and promotion.

Krantz describes 'participatory bureaucracy' as an optimal model in which each minority group is represented at every significant occupational level of the public services according to its proportion of the population of the relevant jurisdiction.

LAKE, LOUISE. 'Equal Employment Opportunities for Women'. (April 1981) 3 Newsheet (Office of Women's Affairs), 1-2.

A brief description of the guidelines for employers. These guidelines were developed by the National Labour Consultative Council.

LAKE, LOUISE. 'Women and Unions'. (May — June 1982) 8 Newsheet (Office of Women's Affairs), 10-13.

LAWRENCE, KENNETH & KLOS, KATHARINE A. (eds). Sex Discrimination in the Workplace. Aspen Systems Corporation, 1978. Pp. vi + 532. ISBN 0 89443 041 6.

LOVERING, KERRY. 'Married Women Workers and Youth Unemployment'. (May 1980) 3 Equal Opportunity Forum, 4-9.

In this article, the writer argues that the removal of married women from the labour force would do very little to alleviate the unemployment problem because it would merely shift the problem from one group to another.



Maria Wilhelmina Smith v . Jetset Tours (Australia) Pty Ltd. Victorian Equal Opportunity Board, Unreported Decision, 28 November 1980.

MAYMI, CARMEN R. 'Women and Work. Rights, Realities and Prospects'. (1976) 3 Journal of Employment Counseling, 122-5.

NATIONAL LABOUR CONSULTATIVE COUNCIL. Guidelines for Employers — Equal Employment Opportunities for Women. Canberra, Australian Government Publishing Service, 1980. Pp. 14. ISBN 0 642 05702 8.

This booklet suggests possible action for enterprises wishing to encourage equal employment opportunities for women. It provides a set of guidelines from which policies and procedure suited to the needs of individual enterprises can be developed.



Penelope Elanor Nichol v. Transport Regulation Board. Victorian Equal Opportunity Board, Unreported Decision, 4 December 1981.

PLAYER, MARK A. Federal Law of Employment Discrimination in a Nutshell. St Paul, Minnesota, West Publishing Co., 1976. Pp. xlvi + 336.

RADFORD, GAIL. Equal Employment Opportunity for Women in the Australian Public Service Public Service Board, Equal Employment Opportunity Bureau, August 1981.

Pp. 14 + tables.

RADFORD, GAIL. National Labour Consultative Council Guidelines for Employers on Equal Employment Opportunities for Women. Program for Implementation in the Australian Public Service. Public Service Board, Equal Employment Opportunity Bureau, April 1981. Pp. 27.

THOMSON, J. M. & WOOLDRIDGE, F. 'Equal Pay, Sex Discrimination and European Community Law'. (1980-2) Legal Issues of European Integration, 1-45.


Discrimination 297
THORNTON, M. 'Board's First Decision'. (1979) 4 Legal Service Bulletin, 180-183.

TURNER, CYNTHIA & GLARE, ALYSON. Women in Large Retail Companies in Victoria: Perspectives on Work Status, Opportunities and Prospects. Melbourne, Program in Public Policy Studies, Faculty of Arts, University of Melbourne, and Equal Opportunity Board, Victoria, 1982. ISBN 0 86839 117 4.

WYNDHAM, DIANA. 'Why Study Working Mothers and Ignore Working Fathers?'. (1983) 55 Australian Quarterly, 33-41.

Social services

ASCHE, AUSTIN. 'Changes in the Rights of Women and Children under Family Law Legislation'. (1975) 49 Australian Law Journal, 387-99.

BEQUAERT HOLMES, H. & PETERSON, S. 'Rights Over One's Own Body: A Woman—Affirming Health Care Policy'. (1981) 3 Human Rights Quarterly, 71-87.

NATIONAL WOMEN'S ADVISORY COUNCIL. Migrant Women Speak (A Report to the Commonwealth Government by the National Women's Advisory Council). Canberra, Australian Government Publishing Service, April 1979. Pp. 55. ISBN 0 642 04465 1.

NEW SOUTH WALES ETHNIC AFFAIRS COMMISSION. Proceedings of the Seminar on Immigrant Women and Women's Refuges. Sydney, Government Printer, 1979. Pp. 36.

This book discusses the use and non-use of refuges by immigrant women and their

expectations of these services. It also contains an outline of the legal problems confronting immigrant women after separation from their husbands.

SMITH BLAKELY, S. 'Credit Opportunity for Women: the ECOA and Its Effects'. (1981) Wisconsin Law Review, 655-96.

SYBACZYNKYJ, LAD°. Women's Refuges and Other Services for Women'. (Aug. 1981) 4 Newsheet (Office of Women's Affairs), 2.

WADE, J. H. De F acto Marriages in Australia. Sydney, CCH Australia, 1981. Pp. v + 122. ISBN 0 86903 293 3.

This is a brief and comprehensive overview of the law as it relates to de facto marriages and families. It is a valuable guide to cases and legislation for the practitioner, student and law reformer. Includes a useful index.

Domestic violence

'Battered Wife's Dilemma: to Kill or to be Killed'. (1981) 32 Hastings Law Journal, 895-931.

BOYLE, CHRISTINE. 'Violence Against Wives — The Criminal Law in Retreat?'. (1980) 31 Northern Ireland Law Quarterly, 35-57.

BRANSON, MELINDA. 'Sexual Harassment in the A.C.T.'. (April 1981) 3 Newsheet (Office of Women's Affairs), 8-9.

FARLEY, L. Sexual Shakedown: Sexual Harassment of Women in the Working World. London, Melbourne House Publishers, 1978. Pp. xvii + 228. ISBN 0 86161 024 5.


298 Bibliography


FREEDMAN, M. D. A. 'Violence Against Women: Does the Legal System Provide Solutions or Itself Constitute the Problem?'. (1980) 7 British Journal of Law and Society, 215-41.

GRIFFITHS, A. 'Legacy and Present Administration of English Law. Some Problems for Battered Women in Context. (1980) 11 Cambrian Law Review, 29-39.

LAKE, LOUISE. 'Sexual Harassment'. (April 1981) 3 Newsheet (Office of Women's Affairs), 7-8.

MCKINNON, C. Sexual Harassment of Working Women: A Case of Sex Discrimination. New Haven, Yale University Press, 1979. Pp. xiv + 312. ISBN 0 300 02298 O.

NEW SOUTH WALES, TASK FORCE ON DOMESTIC VIOLENCE. Report. Sydney, Women's Co-ordination Unit, 1981. Pp. 181 + 147. ISBN 0 7240 2036 5.

A comprehensive study of the problem which looks at the incidence, causes and possible solutions to domestic violence. Includes as appendixes a statistical survey on domestic violence, a report on Aboriginal women and domestic violence and a bibliography of some ten pages. The focus of the study is on violence to women. The Report gave rise to the Crimes (Domestic Violence) Amendment Bill.

PAHL, JAN. 'Police Response to Battered Wives'. (1982)journal of Social Welfare Law, 337-43

SCUTT, J. A. 'Spouse Assault: Closing the Door on Criminal Acts'. (1980) 54 Australian Law Journal, 720-31.



Discrimination — homosexuals

See also —

Discrimination (p. 260): Sex discrimination — women (p. 288), Affirmative action (p. 299)

Related issues —



education; employment; family law; gay rights; lesbianism; police powers; privacy; right to child custody; right to parenthood

BOYLE, CHRISTINE. 'Custody, Adoption and the Homosexual Parent'. (1976) 23 Reports of Family Law, 129-45.

CHAPPELL, DUNCAN & WILSON, PAUL R. 'Changing Attitudes towards Homosexual Law Reform'. (1972) 46 Australian Law Journal, 22-9.

CURRY, HAYDEN & CLIFFORD, DENNIS. A Legal Guide for Lesbian and Gay Couples. Reading, Massachusetts, Addison-Wesley, 1980.

GARDE, PAUL. 'Gay Parents under the Family Law Act'. (1979) 2 Gay Changes, 17-19.

GOODMAN, ELLEN. 'Homosexuality of a Parent: A New Issue in Custody Disputes'. (1978) Monash University Law Review, 305-15.

HARRISON, KATE. 'Child Custody and Parental Sexuality: Just Another Factor?'. (1981) 6 Legal Service Bulletin, 169-72.

HITCHENS, DONNA J., MARTIN, DEL & MORGAN, MARY. 'An Alternative View to Child Custody When One Parent is Homosexual'. (1979) 17 Conciliation Courts Review, 27-30.

HUNTER, N. D. & PALIKOFF, N. D. 'Custody Rights of Lesbian Mothers — Legal
Theory and Litigation Strategy'. (1976) 25 Buffalo Law Review, 691-733.


Discrimination 299


LAVINE, KAREN S. 'Free Speech Rights of Homosexual Teachers'. (1980) 80 Columbia Law Review, 1513-34.

MONEY, J. 'Statement on Anti-Discrimination Regarding Sexual Orientation'. (1977) 2 Journal of Homosexuality, 159-61.

NEW SOUTH WALES ANTI-DISCRIMINATION BOARD. Discrimination and Homosexuality. Sydney, Government Printer, July 1982. Pp. 650.

This report has chapters on the definition of homosexuality, arguments against homosexuality. It recommends that the N.S.W. Anti-Discrimination Act be amended to make it unlawful to discriminate on the ground of homosexuality in the areas of education, employment, accommodation, goods and services and registered clubs. This recommendation was later implemented.

PARKER, WILLIAM. Homosexuality. A Selective Bibliography of over 3,000 Items. Metuchen, New Jersey, The Scarecrow Press, Inc., 1971. Pp. viii + 323. ISBN 0 8108 0425 5.

PARKER, WILLIAM. Homosexuality Bibliography: Supplement, 1970-1975. Metuchen, New Jersey, The Scarecrow Press, Inc., 1977. Pp. 337. ISBN 0 8108 1050 6.

PAYNE, ANNE T. 'The Law and the Problem Parent: Custody and Parental Rights of Homosexual, Mentally Retarded, Mentally Ill and Incarcerated Parents'. (1978) 16 Journal of Family Law, 797-818.

Affirmative action

See also —





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