Digital Commons Network^™

Illegally Yours, Laura Weinstock

UC Law SF Journal on Gender and Justice

No abstract provided.

A Comparative Analysis Of Women's Issues: Toward A Contextualized Methodology, Antoinette Sedillo López

UC Law SF Journal on Gender and Justice

No abstract provided.

Metaphor, Women And Law, Adam Arms

UC Law SF Journal on Gender and Justice

No abstract provided.

The Risks Of State Intervention In Preventing Prenatal Alcohol Abuse And The Viability Of An Inclusive Approach: Arguments For Limiting Punitive And Coercive Prenatal Alcohol Abuse Legislation In Minnesota, Caroline S. Palmer

UC Law SF Journal on Gender and Justice

No abstract provided.

Protecting Children: Explaining Disparities In The Female Offender's Pretrial Process, And Policy Issues Surrounding Lenient Treatment Of Mothers, Sean B. Berberian

UC Law SF Journal on Gender and Justice

No abstract provided.

Why Breastfeeding Is (Also) A Legal Issue, Corey Silberstein Shdaimah

UC Law SF Journal on Gender and Justice

No abstract provided.

We've Only Just Begun: The Law Of Sexual Harassment In Japan, Ryuichi Yamakawa

UC Law SF International Law Review

Discussions about sexual harassment in Japan first began a decade ago. However, Japan's Equal Employment Opportunity Law did not directly address sexual harassment until it was amended in 1997. Instead, Japanese courts responded with a jurisprudence that has distinctive characteristics regarding the nature of liability for sexual harassment. First, Japanese courts created a doctrine that sexual harassment constitutes a tort because it infringes on women's "personal rights" or on her rights to the dignity of her personality regarding sexuality. Second, Japanese courts held employers liable for sexual harassment by supervisory employees of subordinates. The 1997 amendment to the Equal Employment …

The Common Law In South Africa: Pro Apartheid Or Pro Democracy, Jeremy Sarkin

UC Law SF International Law Review

The role of the common law in South Africa has been controversial. Some argue that South Africa's common law, inherited from Roman-Dutch and English law, has a problematic colonial tradition that has done little to protect justice and equality. Others argue that if not for parliamentary security legislation, South Africa's common law could have protected rights and freedoms.

This article examines several apartheid-era cases in which the common law protection of individual rights was at stake to determine whether the common law was human rights friendly, or if it was compatible with the constitutional dispensation of human rights abuses. It …

Disabled Meanings: A Comparison Of The Definitions Of Disability In The British Disability Discrimination Act Of 1995 And The Americans With Disabilities Act Of 1990, Nick Wenbourne

UC Law SF International Law Review

The British Disability Discrimination Act (DDA) marks an important turning point in the history of disability civil rights in Great Britain. The DDA was the first legislation in Europe to specifically acknowledge that disabled people suffer from discrimination in a number of fields and public services including employment, education and transportation. However, people across the political spectrum have criticized the DDA.

This note compares the DDA with its United States counterpart, the Americans with Disabilities Act (ADA), which is widely regarded as the most comprehensive and radical legislation of its kind in the world. This note pays particular attention to …

Consumer Advocacy In The Sports Industry: Recognizing And Enforcing The Legal Rights Of Sports Fans, Amy Wang

UC Law SF Communications and Entertainment Journal

In the business of today's sports industry, the sports fan has been relegated to the status of a second-class consumer, exercising little influence over major market decisions. This note highlights some of the more fundamental issues affecting the rights of sports fans, focusing specifically on the rights arising from ticket ownership and the rights arising from support of local teams and players.

Economic Justice For Sex Workers, Margo St. James

UC Law SF Journal on Gender and Justice

No abstract provided.

Duet: Prostitution, Racism And Feminist Discourse, Vednita Carter, Evelina Giobbe

UC Law SF Journal on Gender and Justice

No abstract provided.

What's Wrong With Prostitution? What's Right With Sex Work? Comparing Markets In Female Sexual Labor, Elizabeth Bernstein

UC Law SF Journal on Gender and Justice

No abstract provided.

Sweating The International Garment Industy: A Critique Of The Presidential Task Force's Workplace Codes Of Conduct And Monitoring System, Heidi S. Bloomfield

UC Law SF International Law Review

Like employers in the United States, employers in Japan seek to prevent their former employees from competing with them by using noncompete covenants. As Japan's work force and employment system become more diverse, individualized and laterally mobile, noncompete provisions are appearing before the Japanese courts with increasing frequency.

The Japanese courts' approach to noncompete clauses is to scrutinize their "reasonableness" by balancing the competing interests of the employer in protecting its business goals and the employee in preserving his right to freedom of occupation. However, the notion of "reasonableness" has been elusive, causing the Japanese courts to struggle with application …

Pigeonholing Illness: Medical Diagnosis As A Legal Construct, Lars Noah

UC Law Journal

Disease definitions and clinical judgments routinely affect coverage and reimbursement decisions by health insurers, the licensing determinations of regulatory agencies charged with reviewing new therapeutic technologies, evidentiary and substantive rulings by the judiciary in personal injury lawsuits and criminal trials, eligibility decisions in disability programs, and the resolution of claims before workers' compensation tribunals. This reliance on the definition and identification of disease by the medical profession fails to appreciate the extent to which our conceptions of illness are socially constructed rather than based on value-neutral scientific data and the application of technical expertise.

Just as social forces shape medical …

Engalla V. Permanente Medical Group, Inc.: Can Arbitration Clauses In Employment Contracts Survive A "Fairness" Analysis?, Russell Evans

UC Law Journal

This Note examines the California Supreme Court's treatment of binding arbitration clauses in Engalla v. Permanente Medical Group, Inc. Rather than limit its review to the traditional arbitration issues of formation and consent, the Engalla Court carefully scrutinized the functions and procedures of a particular arbitration process. By refusing to compel arbitration in this case, the decision implies that minimum levels of procedural fairness will be required for all arbitration systems.

An increase in the judicial scrutiny of arbitration clauses has important implications for the employment context where the use of binding arbitration clauses has become increasingly prevalent. This Note …

Our Straight-Laced Judges: Twenty Years Later, Rhonda R. Rivera

UC Law Journal

No abstract provided.

Our Straight-Laced Judges: The Legal Position Of Homosexual Persons In The United States, Rhonda R. Rivera

UC Law Journal

No abstract provided.

Neutrality Of The Equal Protection Clause, K. G. Jan Pillai

UC Law Constitutional Quarterly

Espousing colorblindness as the defining feature of the Equal Protection Clause, a bare majority of the Justices of the United States Supreme Court has outlawed almost all race and gender-conscious government programs such as affirmative action, legislative redistricting and school desegregation. The doctrinal foundation of colorblindness is government neutrality. Colorblindness also envisions vigorous enforcement of anti-discrimination laws as the substitute for race-conscious measures to achieve racial equality. However, equal protection neutrality remains amorphous, undefined and structureless, and it often provides a safe harbor for race disadvantaging laws that do not measure up to the Court's standard of invidious discrimination. Moreover, …

Shining The Spotlight On Johns: Moving Toward Equal Treatment Of Male Customers And Female Prostitutes, Julie Lefler

UC Law SF Journal on Gender and Justice

No abstract provided.

Sex Work And Feminism: Building Alliances Through A Dialogue Between Siobhan Brooks And Professor Angela Davis, Siobhan Brooks

UC Law SF Journal on Gender and Justice

No abstract provided.

Feminists As Collaborators And Prostitutes As Autobiographers: De-Constructing An Inclusive Yet Political Feminist Jurisprudence, Cynthia Chandler

UC Law SF Journal on Gender and Justice

No abstract provided.

A First Hand Look At The San Francisco Task Force Report On Prostitution, Carol Leigh

UC Law SF Journal on Gender and Justice

No abstract provided.

An Uncommon Alliance: Finding Empowerment For Exotic Dancers Through Labor Unions, Sarah Chun

UC Law SF Journal on Gender and Justice

No abstract provided.

Tax Expenditure Analysis And Constitutional Decisions, Linda Sugin

UC Law Journal

Proponents of tax expenditure analysis have insisted that when tax programs are economically equivalent to direct spending programs, they should be treated as legally equivalent. While agreeing that tax expenditure analysis is a tool of immense importance and usefulness to legislatures, Professor Sugin argues that courts should be wary about adopting that analysis into constitutional adjudication. She analyzes the problems of legalizing tax expenditure analysis by exploring the definitional problems inherent in defining the tax base, the political manipulability of the tax expenditure budget, the dangers of constitutionalizing the definition of income, and the theoretical challenges presented by the hybrid …

America's Uneasy Relationship With The Working Poor, A. Mechele Dickerson

UC Law Journal

While Americans historically have supported efforts to provide financial assistance to the truly needy members of our society, we have a fear that giving cash or other forms of economic assistance to the unemployed but able-bodied is morally corrupting and fosters economic dependency. Recent efforts to overhaul welfare and bankruptcy laws resulted from the public's perception that too many people failed to become economically self-sufficient despite an extended peacetime period of economic prosperity.

This Article examines our society's uneasy relationship with the working poor and our hesitancy to provide economic relief to ablebodied people who appear to have contributed to …