Law Commons^™

Lessons From Bostock: Analysis Of The Jurisprudential (Mis)Treatment Of “Sex” In Title Vii Cases, Allison Greenberg

UC Irvine Law Review

The Supreme Court’s decision in Bostock v. Clayton County extended Title VII’s prohibition on sex discrimination to lesbian, gay, and transgender individuals. This decision represents the latest step forward in a long line of Title VII jurisprudence, which slowly expanded the definition of “sex” as the cultural understanding of sex, gender identity, and sexual orientation improved. This Note critically reviews that history of jurisprudence, using the Bostock decision as a frame to examine the ways in which the courts’ definition of “sex” has evolved out of a flawed understanding of the relationships between sex, gender identity, …

Women And M&A, Afra Afsharipour

UC Irvine Law Review

Corporations, law firms, and investment banks all state that diversity matters. This Article shows that there is a chasm between discourse and action. For the most important decisions undertaken by companies—large merger and acquisition (M&A) transactions—a gender gap persists. This Article provides a holistic examination of the network of lead actors involved in M&A, revealing that women’s leadership opportunities continue to be vastly unequal. Using hand-collected data from 700 transactions, this Article reveals that thirty years after women began to account for almost half of all law students, gender parity in M&A leadership lags far behind. To illustrate, over …

Time, Equity, And Sexual Harassment, Joseph A. Seiner

UC Irvine Law Review

Sexual harassment remains a pervasive problem in the workplace. Recent studies and empirical research reveal that this unlawful conduct continues to pervade all industries and sectors of the economy. The #MeToo movement has made great progress in raising awareness of this problem and in demonstrating the lengths that some employers will go to conceal a hostile work environment. The movement has further identified the lasting emotional toll workplace harassment can have on its victims.

The research in this area demonstrates that the short timeframe harassment victims have to bring a federal discrimination charge—180 or 300 days depending on the …

Misguided At Best, Malevolent At Worst: The International Impact Of United States Policy On Reproductive Rights, Lindsay Marum

UC Irvine Journal of International, Transnational, and Comparative Law

This Note discusses the effect of U.S. foreign policies on the reproductive rights of women in developing countries. Many international human rights treaties and their progeny have consistently found that reproductive rights are intertwined with basic human rights, such as the right to privacy, the right to health, the right to education, and the right to start a family. Despite considering itself a superpower among all other countries, U.S. policies like the Helms Amendment and the Mexico City Policy fail to adhere to these basic international human rights standards. At the same time the United States recognized the constitutional right …

Sexual Harassment In The Post-Weinstein World, Joanna L. Grossman

UC Irvine Law Review

The 2017 iteration of the #MeToo movement has brought tremendous attention to the problem of sexual harassment in the workplace, as well as in a variety of other contexts. We learned that sexual harassment is rampant, varied in form, and harmful, or, more accurately, that it is still all of these things. Sexual harassment at work has existed as long as women have worked, whether paid, valued, or enslaved. The law of sexual harassment has a much more recent provenance. Courts began to recognize harassment as a form of sex discrimination in the early 1980s, and the entire current structure …

Shining Another Light On Spousal Rape Exemptions: Spousal Sexual Violence Laws In The #Metoo Era, Kennedy Holmes

UC Irvine Law Review

This Note builds on the growing scholarly discourse involving the #MeToo movement and places an importance on discussing the issue of spousal rape in the #MeToo era. It fills a crucial gap in legal scholarship by articulating how sexual violence during marriage persists despite greater attention to sexual violence in the public discourse. There may be a blind spot in the popular discourse surrounding the #MeToo movement. This Note argues that the current conversation around sexual violence in the workplace fails to address the importance of fixing sexual violence in other areas (such as the home). The Centers for Disease …

The Quiet Resignation: Why Do So Many Female Lawyers Abandon Their Careers?, Jane R. Bambauer, Tauhidur Rahman

UC Irvine Law Review

Thirty percent of female lawyers leave their careers. The same is true for female doctors. Over time, an increasing number of married professionals have recreated traditional gender roles, and society has lost a tremendous amount of training and well-honed talent as a result. Neither workplace discrimination nor family obligations can fully and satisfactorily explain the trend. Both of those theories assume that women take a more dependent and vulnerable position in the household because of constraints, but in one important respect, men are more constrained than women, and they are better off for it: to maintain social status, men have …

Deporting Undesirable Women, Pooja R. Dadhania

UC Irvine Law Review

Immigration law has long labeled certain categories of immigrants “undesirable.” One of the longest-standing of these categories is women who sell sex. Current immigration laws subject sellers of sex to an inconsistent array of harsh immigration penalties, including bars to entry to the United States as well as mandatory detention and removal. A historical review of prostitution-related immigration laws reveals troubling origins. Grounded in turn-of-the-twentieth-century morality, these laws singled out female sellers of sex as immoral and as threats to American marriages and families. Indeed, the first such law specifically targeted Asian women as threats to the moral fabric of …

Being Transgender In The Era Of Trump: Compassion Should Pick Up Where Science Leaves Off, Robin Fretwell Wilson

UC Irvine Law Review

No abstract provided.

Female Toplessness: Gender Equality's Next Frontier, Nassim Alisobhani

UC Irvine Law Review

No abstract provided.

The Rescaling Of Feminist Analyses Of Law And State Power: From (Domestic) Subjectivity To (Transnational) Governance Networks, Mariana Valverde

UC Irvine Law Review

No abstract provided.

“Of The Law, But Not Its Spirit”: Immigration Marriage Fraud As Legal Fiction And Violence Against Asian Immigrant Women, Lee Ann S. Wang

UC Irvine Law Review

No abstract provided.

Degradation Ceremonies And The Criminalization Of Low-Income Women, Kaaryn Gustafson

UC Irvine Law Review

No abstract provided.

Empirical Intersectionality: A Tale Of Two Approaches, Ange-Marie Hancock

UC Irvine Law Review

No abstract provided.

A New Approach To Juvenile Justice: An Analysis Of The Constitutional And Statutory Issues Raised By Gender-Segregated Juvenile Courts, Katherine M. Harrison

UC Irvine Law Review

No abstract provided.