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Articles 1 - 27 of 27
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California's Incarcerated Mothers: Legal Roadblocks To Reunification, Heidi Rosenberg
California's Incarcerated Mothers: Legal Roadblocks To Reunification, Heidi Rosenberg
Golden Gate University Law Review
This comment will provide statistical information regarding the increase in the number of mothers incarcerated in the United States. Part II will then use California as an example, providing statistical information and a detailed account of the judicial proceedings that an incarcerated mother must adhere to in order to reunite with her children. It will then provide a case example, using In re Precious J. v. Contra Costa County Department of Social Services, which demonstrates how the proceedings actually work.18 In re Precious is a 1996 California case that chronicles the difficulties imposed on a mother and child when a …
Deaf Justice?: Battered Women Unjustly Imprisoned Prior To The Enactment Of Evidence Code Section 1107, Scott G. Baker
Deaf Justice?: Battered Women Unjustly Imprisoned Prior To The Enactment Of Evidence Code Section 1107, Scott G. Baker
Golden Gate University Law Review
On March 5, 1993, Assembly Bill 2295 (hereinafter AB 2295) was introduced by Assembly Member Barbara Friedman. On October 11, 1993, the Governor of the State of California vetoed AB 2295. Assembly Bill 2295 was designed to provide a fair and even application of the law to those individuals affected by the issue of battered woman syndrome (hereinafter BWS). Battered women charged with criminal activity after January 1, 1992 are permitted to present battered woman syndrome expert testimony at their trials pursuant to Evidence Code Section 1107.8 Battered women convicted prior to this date remain unjustly imprisoned because they have …
Survey: Women And California Law
Survey: Women And California Law
Golden Gate University Law Review
No abstract provided.
X Marks The Spot While Casey Strikes Out: Two Controversial Abortion Decisions, Sabina Zenkich
X Marks The Spot While Casey Strikes Out: Two Controversial Abortion Decisions, Sabina Zenkich
Golden Gate University Law Review
This article studies and defines abortion law in Ireland after X and in the United States after Casey. It addresses how these decisions affect Irish and American women's rights, respectively, to secure an abortion. It also scrutinizes the justices' opinions and criticizes the reasoning for their holdings. This article argues that both Courts changed their nations' straightforward abortion laws to reach decisions that the courts felt would be more palatable to their respective political constituencies and satisfy their own subjective beliefs. On the one hand, the Irish court declined to abide by the traditionally conservative position denying abortion rights as …
The Forgotten And Neglected: Pregnant Women And Women Of Childbearing Age In The Context Of The Aids Epidemic, Carol Beth Barnett
The Forgotten And Neglected: Pregnant Women And Women Of Childbearing Age In The Context Of The Aids Epidemic, Carol Beth Barnett
Golden Gate University Law Review
This article will explore why pregnant women with HIV disease have become the focus of some of the most deeply-rooted value judgments about women and HIV, and how certain governmental policies, including state statutes, and local medical practices by hospitals, doctors and health clinics, raise reproductive freedom issues for pregnant women and women of childbearing age in the context of AIDS and HIV infection. Part I discusses the overall demographic picture of women with HIV disease, particularly as it relates to the interconnection between substance abuse and the transmission of HIV disease to women, and its affect on the numbers …
Courtroom, Code And Clemency: Reform In Self-Defense Jurisprudence For Battered Women
Courtroom, Code And Clemency: Reform In Self-Defense Jurisprudence For Battered Women
Golden Gate University Law Review
This article is a reproduction of a panel discussion which took place at Golden Gate University School of Law in January 1993. Of the four panelists who participated in the discussion, three panelists' comments are reprinted here. Thanks to Gina Harmon, Sarah Hughes and Rosanne Calbo-Jackson for their work, along with the Golden Gate Feminist Jurisprudence Speaker Series, in organizing this event. Much appreciation goes to Karen Brkick for her help in typing this article and to Rosanne Calbo-Jackson for her editing of this article. Also, thanks to Richard Karoly for filming the panel discussion. Finally, thank you to Professors …
Discovering Our Connections: Reflections On Race, Gender And The Other Tales Of Difference, Madelyn C. Squire
Discovering Our Connections: Reflections On Race, Gender And The Other Tales Of Difference, Madelyn C. Squire
Golden Gate University Law Review
This article is a reflective essay that was written as a result of the author's participation in a symposium held on September 12, 1992 at the American University Washington College of Law on "Discovering Our Connections: Race and Gender in Theory and Practice of the Law." The writer's panel was assigned the topic, "Philosophy, Morality and Foundations of Law" from which to address the symposium subject. The essay explains and addresses why African American women find it difficult to embrace the feminist agenda and reflects on whether there is common ground or some connection among the multivalent interests of race …
Three Perspectives On Workplace Harassment Of Women Of Color, Maria L. Ontiveros
Three Perspectives On Workplace Harassment Of Women Of Color, Maria L. Ontiveros
Golden Gate University Law Review
In this address, I suggest a framework for understanding the ways in which issues of race and culture play a pivotal role in what we have thought of as "sexual harassment." This framework views an incident of workplace harassment from the perspectives of the three key players: the harasser, the victim and the judicial system. From the viewpoint of the harasser, women of color appear to be less powerful, less likely to complain, and the embodiment of particular notions of sexuality. From the perspective of the women, attitudes in their community and lessons learned in their culture may make it …
Survey: Women And California Law, Carol Beth Barnett, Heather Allyson Elrick, Julie Hammel Brook, Michael Weiss, Susan M. Crocker, Theresa M. Kolish, Jessica Rudin
Survey: Women And California Law, Carol Beth Barnett, Heather Allyson Elrick, Julie Hammel Brook, Michael Weiss, Susan M. Crocker, Theresa M. Kolish, Jessica Rudin
Golden Gate University Law Review
No abstract provided.
Autonomy And Community In Feminist Legal Thought, Susan G. Kupfer
Autonomy And Community In Feminist Legal Thought, Susan G. Kupfer
Golden Gate University Law Review
In Part I, following a brief analysis of the critique of liberal political theory, I argue that the theories of Fox-Genovese and West deny the felt experience of women in their own struggle to counteract the construct of gender; since women are "engendered" by social norms, they must first develop the subjective experience of autonomy, in which they seek to understand the inner direction of their authentic selves. Second, as I argue in Part II, the idea of community, much bandied about, is a concept which is ill-defined in most feminist thought. Further, the prescription for women's place as part …
Survey: Women And California Law, Mary Ratcliff, Georgine C. Baxter, Ann Chia
Survey: Women And California Law, Mary Ratcliff, Georgine C. Baxter, Ann Chia
Golden Gate University Law Review
This survey of California law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women.
Lavender Bruises: Intra-Lesbian Violence, Law And Lesbian Legal Theory, Ruthann Robson
Lavender Bruises: Intra-Lesbian Violence, Law And Lesbian Legal Theory, Ruthann Robson
Golden Gate University Law Review
This Article seeks to elucidate the confusion between sexuality and violence that confounds legal treatments of intra-lesbian violence. This confusion is both explicitly and implicitly revealed in judicial decisions and legislative enactments. A distinct but intertwined task of this Article is to situate intra-lesbian violence within the development of a lesbian legal theory. It is intra-lesbian violence that makes equally untenable either a separatist lesbian legal theory (eschewing all reference to a patriarchal legal system) or an assimilationist lesbian legal theory (advocating lesbianism as an irrelevant factor in legal determinations).
Enforcing The Hidden U.S. Equal Rights Law, Ann Fagan Ginger
Enforcing The Hidden U.S. Equal Rights Law, Ann Fagan Ginger
Golden Gate University Law Review
Since 1945 the law of the United States has required the United States government to take action to promote universal observance of human rights for all without distinction as to sex. This equal rights for women law is part of the supreme law of the land, to be faithfully executed by the President and the Administration, to be enforced by the federal courts and by the courts of the several states, to be implemented by Congress, and to be obeyed by industry, reported by the media, and relied on and obeyed by the people in their daily lives. Busy practitioners …
Survey: Woman And California Law, Amy C. Hirschkron, Michele M. Feher, Te Jung Chang
Survey: Woman And California Law, Amy C. Hirschkron, Michele M. Feher, Te Jung Chang
Golden Gate University Law Review
This survey of California, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.
Gender Issues And The Prosser, Wade And Schwartz Torts Casebook, Carl Tobias
Gender Issues And The Prosser, Wade And Schwartz Torts Casebook, Carl Tobias
Golden Gate University Law Review
The first section of the piece affords a general examination of many aspects of the Prosser casebook that involve issues of gender. This overview should enhance the understanding of readers, especially those persons not accustomed to thinking consciously in terms of gender, while providing a setting for the specific assessment in the second segment of the paper. That section explores how issues implicating gender can arise in the classroom context of learning and teaching from Prosser's materials on affirmative causes of action for intentional torts to persons and privileges to those torts. The final part reflects on the future of …
Survey: Women And California Law, Linda Macdonald, Kate Blackburn Rockas
Survey: Women And California Law, Linda Macdonald, Kate Blackburn Rockas
Golden Gate University Law Review
This survey of California law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.
Meritor Savings Bank V. Vinson: Title Vii Liability For Sexual Harassment, Suzanne Egan
Meritor Savings Bank V. Vinson: Title Vii Liability For Sexual Harassment, Suzanne Egan
Golden Gate University Law Review
In Meritor Savings Bank v. Vinson,! the United States Supreme Court addressed the issue of sexual harassment for the first time. The Court held that when sexual harassment creates a hostile or offensive working environment, it is actionable under Title VII of the Civil Rights Act of 1964. The Court interpreted Title VII as demonstrating a congressional intent to preserve the economic, psychological and emotional benefits of employment. This interpretation has been advanced by the Equal Employment Opportunity Commission (EEOC) and in lower court opinions. The Supreme Court rejected the District of Columbia Circuit Court of Appeals ruling that an …
Sexual Speech And The State: Putting Pornography In Its Place, Mary C. Dunlap
Sexual Speech And The State: Putting Pornography In Its Place, Mary C. Dunlap
Golden Gate University Law Review
This article reviews the wider legal, political and psychological consequences of the drive against "pornography". The concern of this article is that the "anti-pornography" campaign has serious and as-yet ill-considered implications for a broader category of communication, here termed "sexual speech".
Survey: Women And California Law, Linda C. Kramer, T. A. Graudin, Donna Cobe Beekman, Kathy A. Alfieri
Survey: Women And California Law, Linda C. Kramer, T. A. Graudin, Donna Cobe Beekman, Kathy A. Alfieri
Golden Gate University Law Review
This survey of California law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A briefanalysis of the issues pertinent to women raised in each case is provided.
Survey: Women And California Law, Alan Black, Katherine Hardy
Survey: Women And California Law, Alan Black, Katherine Hardy
Golden Gate University Law Review
This survey of California law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.
Survey: Women And California Law, Carol A. King
Survey: Women And California Law, Carol A. King
Golden Gate University Law Review
This survey of California Law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.
Women Prisoners: Freedom From Sexual Harassment - A Constitutional Analysis, Laurie A. Hanson
Women Prisoners: Freedom From Sexual Harassment - A Constitutional Analysis, Laurie A. Hanson
Golden Gate University Law Review
Sexual harassment of female inmates by male guards permeates American prisons because the imbalance of power between the guard and the prisoner allows and encourages it to exist. Sexual harassment in prison is not a series of isolated incidents; rather, it is so much a part of the power structure that it is almost invisible. There are few reported cases of sexual harassment of women prisoners. Until recently sexual harassment, even outside the prison, went unnoticed. Also, if a prisoner reports sexual abuse, the prison administration will generally blame the prisoner, or deny the accusation, but only occasionally fire the …
Survey: Women And California Law, Michele Modena-Kurpinsky
Survey: Women And California Law, Michele Modena-Kurpinsky
Golden Gate University Law Review
This survey of California case law and legislation is a regular feature of the Women's Law Forum. The survey summarizes recent California Supreme Court decisions, courts of appeal decisions, and new legislation which are of special importance to women. The focus of the survey is on presenting issues most pertinent to women, rather than on analyzing all issues raised in each case or bill. The survey period for cases in this issue is March 1, 1981 through February 28, 1982. Summaries of significant legislation enacted between October 1, 1980 and December 31, 1981 are also included.
Committee To Defend Reproductive Rights V. Myers: Procreative Choice Guaranteed For All Women, Alison Erca
Committee To Defend Reproductive Rights V. Myers: Procreative Choice Guaranteed For All Women, Alison Erca
Golden Gate University Law Review
This Note will trace the development of the right to privacy as applied to abortion funding and as interpreted by the United States and California Supreme Courts. Although both courts have recognized the physical and psychological harm from forced childbearing or parenting, only the California court has been willing to unequivocally acknowledge the enormous implications on a woman's education, employment and associational opportunities. For a woman, the right to privacy, inherent in the decision whether or not to bear a child, is essential for personal control of her body. Unlike the United States Supreme Court, the C.D.R.R. court has asserted …
Pregnancy Benefits, Benign Sex Discrimination, And Justice: Why Does It Matter How We Ask The Questions?, Patricia Ann Boling
Pregnancy Benefits, Benign Sex Discrimination, And Justice: Why Does It Matter How We Ask The Questions?, Patricia Ann Boling
Golden Gate University Law Review
One purpose of this essay will be to respond to this argument by showing what sorts of considerations are pertinent and what conclusions are warranted if one considers the underlying issue in pregnancy benefits cases to be distributive justice, and then contrasting this with the considerations and judgments indicated by a more comprehensive view of sex discrimination. There are other reasons as well for maintaining the debate about the proper perspective on pregnancy disability issues. The Court's difficulties in convincingly justifying the refusal to equate pregnancy with sex-based discrimination in Geduldig and Gilbert, and in distinguishing the seniority and pregnancy …
The Marital Rape Exemption: A Violation Of A Woman's Right Of Privacy, Maria Pracher
The Marital Rape Exemption: A Violation Of A Woman's Right Of Privacy, Maria Pracher
Golden Gate University Law Review
This Comment reviews the statutory status of the marital rape exemption, examines its historical origins, and critically analyzes the legal justifications supporting the exemption. The final section discusses the relation between the marital rape exemption and a woman's constitutional right of privacy.
Survey: Women And California Law, Carole Levine
Survey: Women And California Law, Carole Levine
Golden Gate University Law Review
No abstract provided.