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Full-Text Articles in Law

Women Prisoners: Freedom From Sexual Harassment - A Constitutional Analysis, Laurie A. Hanson Sep 2010

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 …


Committee To Defend Reproductive Rights V. Myers: Procreative Choice Guaranteed For All Women, Alison Erca Sep 2010

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 …


Sexual Display Of Women's Bodies - A Violation Of Privacy, Barbara S. Bryant Aug 2010

Sexual Display Of Women's Bodies - A Violation Of Privacy, Barbara S. Bryant

Golden Gate University Law Review

No abstract provided.


Capturing The Judiciary: Carhart And The Undue Burden Standard, Khiara M. Bridges Jun 2010

Capturing The Judiciary: Carhart And The Undue Burden Standard, Khiara M. Bridges

Washington and Lee Law Review

In Planned Parenthood of Southeastern Pennsylvania v. Casey,' the Supreme Court replaced the trimester framework, first articulated nineteen years earlier in Roe v. Wade,2 with a new test for determining the constitutionality of abortion regulations-the "undue burden standard."3 The Court's 2007 decision in Gonzales v. Carhart 4 was its most recent occasion to use the undue burden standard, as the Court was called upon to ascertain the constitutionality of the Partial-Birth Abortion Ban Act, a federal statute proscribing certain methods of performing second- and third-trimester abortions.5 A majority of the Court held that the regulation was constitutionally permissible, finding that …