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Union Power, Soul Power: Intersections Of Race, Gender And Law, Wendy L. Wilbanks
Union Power, Soul Power: Intersections Of Race, Gender And Law, Wendy L. Wilbanks
Golden Gate University Law Review
This Comment will cover three main topics. First, this Comment will tell the story of the Charleston strike and the individual women involved. Second, this Comment will examine, through the eyes of those individuals, the unique ways in which race and gender come together to create unique circumstances that deserve legal consideration. For both of these sections, I use the women's own voices to illustrate and reinforce substantive points. Third, this comment will describe the 10-day strike notice provision, examining how it would have affected the Charleston workers had it been enacted in 1969 during the time of the strike. …
Divinity Vs. Discrimination: Curtailing The Divine Reach Of Church Authority, Whitney Ellenby
Divinity Vs. Discrimination: Curtailing The Divine Reach Of Church Authority, Whitney Ellenby
Golden Gate University Law Review
Church authority to practice gender discrimination in employment decisions represents the collision of principles of religious liberty on one hand, and the need to eradicate invidious discrimination on the other. In order to secure the free exercise of religion, the First Amendment prohibits legislation which interferes with or significantly abridges religious belief or conduct. To the extent that employment decisions represent the extension of religious belief, churches have a strong claim of immunity from judicial review of their decisions. Title VII of the Civil Rights Act of 1964 thus exempts religious entities from civil liability when their discriminatory conduct is …
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 …
Johnson V. Santa Clara County Transportation Agency: Affirmative Action Expanded Under Title Vii, Theresa Marks
Johnson V. Santa Clara County Transportation Agency: Affirmative Action Expanded Under Title Vii, Theresa Marks
Golden Gate University Law Review
This note discusses the guidelines established in Johnson. It will suggest that under the Johnson standards, general societal discrimination may provide a sufficient basis for imposing voluntary, sexually classified remedies under Title VII It will further suggest that voluntary affirmative action in response to general societal discrimination is consistent with the United States Supreme Court's interpretation of Congress's intent in enacting Title VII Finally, this note will evaluate the potential benefit the Johnson decision brings to women's rights as well as noting the problems presented by the Court's failure to clearly delineate appropriate standards for affirmative action.
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 …
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.
Bobb V. Municipal Court: A Challenge To Sexism In Jury Selection And Voir Dire, Randy Riddle
Bobb V. Municipal Court: A Challenge To Sexism In Jury Selection And Voir Dire, Randy Riddle
Golden Gate University Law Review
This Note discusses how sexism in the jury selection and voir dire processes can operate to produce a voir dire which violates of a prospective juror's guarantee of equal protection. It then outlines California's use of strict scrutiny to analyze gender-based classifications. Third, the Note reviews and evaluates the three Bobb opinions. Finally, the significance of Justice Miller's opinion is discussed.
Rostker V. Goldberg: The Uneven Development Of The Equal Protection Doctrine In Military Affairs, Sara Macdwyer
Rostker V. Goldberg: The Uneven Development Of The Equal Protection Doctrine In Military Affairs, Sara Macdwyer
Golden Gate University Law Review
This Note examines the Court's refusal in Goldberg to apply heightened scrutiny to a discriminatory statute. The Court never satisfactorily answered the constitutional challenge: Whether, under the equal protection component of the fifth amendment's due process clause, women as a class may be excluded from military registration. Further, this Note argues that the Court improperly and unnecessarily deferred to congressional findings in ruling that Congress acted within its authority by registering only men.
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 …
Women Judges Unite: A Report From The Founding Convention Of The National Association Of Women Judges, Lynn C. Rossman
Women Judges Unite: A Report From The Founding Convention Of The National Association Of Women Judges, Lynn C. Rossman
Golden Gate University Law Review
No abstract provided.
Older Women And Pensions: Catch 22, Frances Leonard
Older Women And Pensions: Catch 22, Frances Leonard
Golden Gate University Law Review
No abstract provided.