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Full-Text Articles in Law
Improperly Performed Abortion As Fetal Homicide: An Uneasy Coexistence Becomes More Difficult, Laura E. Back
Improperly Performed Abortion As Fetal Homicide: An Uneasy Coexistence Becomes More Difficult, Laura E. Back
UC Law SF Journal on Gender and Justice
Is the difference between abortion and fetal homicide the pregnant woman's choice-or the provider's medical license? Reports of a recent Texas case suggest that ever-proliferating fetal homicide laws may be applied to charge non-medical abortion providers with murder. Although the state has legitimate interests in protecting women's health through prohibition of dangerous non-medical abortions, it defies justice to enforce such prohibitions by charging violators with murder of the aborted fetus. This Note explores how constitutional limitations on permissible state interests in regulating abortion provide a basis for Eighth Amendment proportionality and due process challenges to this misuse of fetal homicide …
Big Love: Is Feminist Polygamy An Oxymoron Or A True Possibility, Michele Alexandre
Big Love: Is Feminist Polygamy An Oxymoron Or A True Possibility, Michele Alexandre
UC Law SF Journal on Gender and Justice
For the past few decades, Islamic reformists have attempted to reverse patriarchal set-ups in Islamic practices. In light of these efforts, the time is ripe to consider what role women's agency will play in the implementation of such reforms. The way we account for agency in advocating for women's rights is an issue with which feminist legal scholars struggle. It has been explored particularly when analyzing women's rights in the area of pornography and prostitution. As the reform movements in Islamic law become concrete, similar explorations will have to take place. Agencydriven explorations in the area of Islamic law will …
Guatemala's Femicides And The Ongoing Struggle For Women's Human Rights: Update To Cgrs's 2005 Report Getting Away With Murder, Katharine Ruhl
Guatemala's Femicides And The Ongoing Struggle For Women's Human Rights: Update To Cgrs's 2005 Report Getting Away With Murder, Katharine Ruhl
UC Law SF Journal on Gender and Justice
This Article is an update to the report entitled Getting Away With Murder: Guatemala's Failure to Protect Women and Rodi Alvarado's Quest for Safety, published by the Center for Gender & Refugee Studies (CGRS) in November 2005, and by the Hastings Women's Law Journal in its Summer 2006 issue. That report explored the root causes of why Guatemalan women are forced to seek asylum in order to escape violence in their home country, and offered recommendations to the Guatemalan government. In this Article, the author argues that the Guatemalan government has made only limited progress in addressing the problem of …
Eviction, Discrimination, And Domestic Violence: Unfair Housing Practices Against Domestic Violence Survivors, Kristen M. Ross
Eviction, Discrimination, And Domestic Violence: Unfair Housing Practices Against Domestic Violence Survivors, Kristen M. Ross
UC Law SF Journal on Gender and Justice
Domestic violence survivors are victimized a second time when they are refused available housing or evicted from their homes because of the domestic violence committed against them. Although allowing a domestic violence survivor to remain on the property may, in certain rare incidents, pose a threat to other tenants, evicting the survivor is an extreme measure, and is unjust. This Note discusses the potential liabilities that may arise against landlords who rent to domestic violence survivors and show why such liabilities do not warrant discrimination. This Note further examines the inadequacy of state and federal laws in protecting domestic violence …
Sex, Trust, And Corporate Boards, Joan Macleod Heminway
Sex, Trust, And Corporate Boards, Joan Macleod Heminway
UC Law SF Journal on Gender and Justice
This Article collects and interprets social science research on sex and trust to shed new light on the emerging case for gender diversity on corporate boards. Specifically, the Article describes social science research findings indicating (1) that men and women trust and are trustworthy on different bases; and (2) that there is a bias against women in chief executive officer (and potentially other corporate leadership) positions. Based on this research, the nature of corporate management and control, and current legal scholarship on corporate governance, the Article asserts that gender diversity on corporate boards may be desirable but difficult to attain. …
Forward, Rebecca Green, Lauren Whittemore
Forward, Rebecca Green, Lauren Whittemore
UC Law SF Journal on Gender and Justice
No abstract provided.
Battered Women, Homicide Convictions, And Sentencing: The Case For Clemency, Carol Jacobsen, Kammy Mizga, Lynn O'Orio
Battered Women, Homicide Convictions, And Sentencing: The Case For Clemency, Carol Jacobsen, Kammy Mizga, Lynn O'Orio
UC Law SF Journal on Gender and Justice
For battered women who are forced to kill their attackers, unequal treatment by the law and gendered modes of punishment often lead to unfair convictions and sentences. In a study conducted by the Michigan Battered Women's Clemency Project, startling levels of discrimination in the courts against women who were victims of domestic violence were revealed. In this study, victims of domestic violence had higher conviction rates and longer sentences than all other defendants charged with homicide. The criminal and legal systems have failed to protect battered women from being killed or being forced to kill. Clemency remains the only hope …
Forward, Lauren Whittemore, Rebecca Green
Forward, Lauren Whittemore, Rebecca Green
UC Law SF Journal on Gender and Justice
No abstract provided.
Trans-Phobia And The Relational Production Of Gender, Elaine Craig
Trans-Phobia And The Relational Production Of Gender, Elaine Craig
UC Law SF Journal on Gender and Justice
This Article posits that gender identity is in large measure produced relationally and that due to the interpretive, relational nature of gender production many experience gender transgression in others as disruptive to their own sense of identity. It suggests that this results in much of the legal discrimination and oppression faced by individuals whose gender presentation does not conform with dominant gender norms. It further suggests that the disruption in the face of gender transgression is produced by the binary model itself and proposes legal strategies that will assist in a non-binary re-conceptualization of gender.
Ten Years Of Resistance To Coercive Population Control: Section 601 Of The Iirira Of 1996 To Section 101 Of The Real Id Act Of 2005, Jamie Jordan
UC Law SF Journal on Gender and Justice
As a result of China's enactment of the one-child policy in the 1970s, the United States was confronted with a new type of asylum applicant: Chinese citizens who were seeking asylum based on a coercive population control scheme. This Note reviews the United States' attempts to cope with this influx of Chinese asylum applicants. The first section describes the one-child policy and the coercive methods with which it was implemented. Section two outlines how the United States has attempted to offer some protection under its asylum laws to those who have fled China to avoid the one-child policy . Finally, …
Marital Rape: A Unique Blend Of Domestic Violence And Non-Marital Rape Issues, Morgan Lee Woolley
Marital Rape: A Unique Blend Of Domestic Violence And Non-Marital Rape Issues, Morgan Lee Woolley
UC Law SF Journal on Gender and Justice
Marital rape is frequently treated within the frameworks of domestic violence and non-marital rape. However, social attitudes and legislation regarding domestic violence are often caught in a tension between family privacy and victim/survivor protection, whereas non-marital rape is often lodged between problems of consent and evidentiary proof. Thus, subsuming marital rape under either paradigm, to assess marital rape as we would treat domestic violence or non-marital rape, fails to account for the unique circumstances and consequences of rape that is perpetrated by one's own spouse. This Note addresses those unique circumstances and takes a look at current marital rape legislation …
Emerson Family Values: Claims To Duration And Renewal In American Narratives Of Divorce, Love And Marriage, Mae Kuykendall
Emerson Family Values: Claims To Duration And Renewal In American Narratives Of Divorce, Love And Marriage, Mae Kuykendall
UC Law SF Journal on Gender and Justice
Themes in American family life contain contradictions between a public narrative of duration and a private narrative of renewal. This seeming conflict in values, in combination with a high divorce rate, might be thought to indicate that the marital vows are a culturally hollow ceremony. In fact, Americans' disposition in matters of family seemingly to waver between vows of duration and belief in renewal can be accounted for as well as given moral weight by the thinking and influence of Ralph Waldo Emerson. Dismissed at times as an idealist, a proponent of unthinking American individualism, and an irresponsible wordsmith, Emerson …
Who Was That Mother's Son, Alan Laird
Who Was That Mother's Son, Alan Laird
UC Law SF Journal on Gender and Justice
No abstract provided.
I Had A Dream, J. K. D.
A Literate Dyslexic, M. L. Fraser
A Literate Dyslexic, M. L. Fraser
UC Law SF Journal on Gender and Justice
No abstract provided.
Protecting Victims Of Gendered Persecution: Fear Of Floodgates Or Call To (Principled) Action?, Karen Musalo
Protecting Victims Of Gendered Persecution: Fear Of Floodgates Or Call To (Principled) Action?, Karen Musalo
Faculty Scholarship
No abstract provided.