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Articles 1 - 30 of 126
Full-Text Articles in Law
A Guy Walks Into A Bar: Gender Discriminatory Pricing And Admission Policies In Las Vegas Establishments, Shana S. Brouwers
A Guy Walks Into A Bar: Gender Discriminatory Pricing And Admission Policies In Las Vegas Establishments, Shana S. Brouwers
Nevada Law Journal
No abstract provided.
California's Incarcerated Mothers: Legal Roadblocks To Reunification, Heidi Rosenberg
California's Incarcerated Mothers: Legal Roadblocks To Reunification, Heidi Rosenberg
Golden Gate University Law Review
This comment will provide statistical information regarding the increase in the number of mothers incarcerated in the United States. Part II will then use California as an example, providing statistical information and a detailed account of the judicial proceedings that an incarcerated mother must adhere to in order to reunite with her children. It will then provide a case example, using In re Precious J. v. Contra Costa County Department of Social Services, which demonstrates how the proceedings actually work.18 In re Precious is a 1996 California case that chronicles the difficulties imposed on a mother and child when a …
Preface, Christine B. Gregson
Preface, Victoria R. Riede
Deaf Justice?: Battered Women Unjustly Imprisoned Prior To The Enactment Of Evidence Code Section 1107, Scott G. Baker
Deaf Justice?: Battered Women Unjustly Imprisoned Prior To The Enactment Of Evidence Code Section 1107, Scott G. Baker
Golden Gate University Law Review
On March 5, 1993, Assembly Bill 2295 (hereinafter AB 2295) was introduced by Assembly Member Barbara Friedman. On October 11, 1993, the Governor of the State of California vetoed AB 2295. Assembly Bill 2295 was designed to provide a fair and even application of the law to those individuals affected by the issue of battered woman syndrome (hereinafter BWS). Battered women charged with criminal activity after January 1, 1992 are permitted to present battered woman syndrome expert testimony at their trials pursuant to Evidence Code Section 1107.8 Battered women convicted prior to this date remain unjustly imprisoned because they have …
Survey: Women And California Law
Survey: Women And California Law
Golden Gate University Law Review
No abstract provided.
X Marks The Spot While Casey Strikes Out: Two Controversial Abortion Decisions, Sabina Zenkich
X Marks The Spot While Casey Strikes Out: Two Controversial Abortion Decisions, Sabina Zenkich
Golden Gate University Law Review
This article studies and defines abortion law in Ireland after X and in the United States after Casey. It addresses how these decisions affect Irish and American women's rights, respectively, to secure an abortion. It also scrutinizes the justices' opinions and criticizes the reasoning for their holdings. This article argues that both Courts changed their nations' straightforward abortion laws to reach decisions that the courts felt would be more palatable to their respective political constituencies and satisfy their own subjective beliefs. On the one hand, the Irish court declined to abide by the traditionally conservative position denying abortion rights as …
The Forgotten And Neglected: Pregnant Women And Women Of Childbearing Age In The Context Of The Aids Epidemic, Carol Beth Barnett
The Forgotten And Neglected: Pregnant Women And Women Of Childbearing Age In The Context Of The Aids Epidemic, Carol Beth Barnett
Golden Gate University Law Review
This article will explore why pregnant women with HIV disease have become the focus of some of the most deeply-rooted value judgments about women and HIV, and how certain governmental policies, including state statutes, and local medical practices by hospitals, doctors and health clinics, raise reproductive freedom issues for pregnant women and women of childbearing age in the context of AIDS and HIV infection. Part I discusses the overall demographic picture of women with HIV disease, particularly as it relates to the interconnection between substance abuse and the transmission of HIV disease to women, and its affect on the numbers …
Courtroom, Code And Clemency: Reform In Self-Defense Jurisprudence For Battered Women
Courtroom, Code And Clemency: Reform In Self-Defense Jurisprudence For Battered Women
Golden Gate University Law Review
This article is a reproduction of a panel discussion which took place at Golden Gate University School of Law in January 1993. Of the four panelists who participated in the discussion, three panelists' comments are reprinted here. Thanks to Gina Harmon, Sarah Hughes and Rosanne Calbo-Jackson for their work, along with the Golden Gate Feminist Jurisprudence Speaker Series, in organizing this event. Much appreciation goes to Karen Brkick for her help in typing this article and to Rosanne Calbo-Jackson for her editing of this article. Also, thanks to Richard Karoly for filming the panel discussion. Finally, thank you to Professors …
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 …
Three Perspectives On Workplace Harassment Of Women Of Color, Maria L. Ontiveros
Three Perspectives On Workplace Harassment Of Women Of Color, Maria L. Ontiveros
Golden Gate University Law Review
In this address, I suggest a framework for understanding the ways in which issues of race and culture play a pivotal role in what we have thought of as "sexual harassment." This framework views an incident of workplace harassment from the perspectives of the three key players: the harasser, the victim and the judicial system. From the viewpoint of the harasser, women of color appear to be less powerful, less likely to complain, and the embodiment of particular notions of sexuality. From the perspective of the women, attitudes in their community and lessons learned in their culture may make it …
Survey: Women And California Law, Carol Beth Barnett, Heather Allyson Elrick, Julie Hammel Brook, Michael Weiss, Susan M. Crocker, Theresa M. Kolish, Jessica Rudin
Survey: Women And California Law, Carol Beth Barnett, Heather Allyson Elrick, Julie Hammel Brook, Michael Weiss, Susan M. Crocker, Theresa M. Kolish, Jessica Rudin
Golden Gate University Law Review
No abstract provided.
Women's Work: Finding New Meaning Through A Feminist Concept Of Unionization, Janelle M. Rettler
Women's Work: Finding New Meaning Through A Feminist Concept Of Unionization, Janelle M. Rettler
Golden Gate University Law Review
In the first section I examine the traditional structures used to change the workplace to adapt to changing societal demands. I address what these structures have accomplished and the limitations of these structures in dealing with the problems endemic in women's work. Secondly I address why women's needs in the workforce should be confronted differently than they have been in the past. And lastly, I assert that by combining traditional structures with a clearer focus on women's needs, new concepts of reform will emerge to legitimate women's work experiences.
The Ywca As A Single Sex Organization - Would It Survive A Legal Challenge?, Rosanne Calbo
The Ywca As A Single Sex Organization - Would It Survive A Legal Challenge?, Rosanne Calbo
Golden Gate University Law Review
Section I of this article will discuss how the forces affecting all-male organizations, specifically economic constraints and legal challenges, might affect all-female organizations by using as a case study the Young Women's Christian Association (hereinafter referred to as the YWCA). This section will examine the history of the YWCA as a women's organization and the legal, psychological and sociological issues surrounding the YWCA's female-only membership policy. Section II of this article examines several of the legal challenges to the all-male membership policy of the Jaycees, the Rotary Club, the Boys Club and the Lions Club. Section II will argue that, …
Autonomy And Community In Feminist Legal Thought, Susan G. Kupfer
Autonomy And Community In Feminist Legal Thought, Susan G. Kupfer
Golden Gate University Law Review
In Part I, following a brief analysis of the critique of liberal political theory, I argue that the theories of Fox-Genovese and West deny the felt experience of women in their own struggle to counteract the construct of gender; since women are "engendered" by social norms, they must first develop the subjective experience of autonomy, in which they seek to understand the inner direction of their authentic selves. Second, as I argue in Part II, the idea of community, much bandied about, is a concept which is ill-defined in most feminist thought. Further, the prescription for women's place as part …
Survey: Women And California Law, Linda Sullivan, Sarah Afshar, Lisa K. Mccally, Kelly A. Mcmeekin
Survey: Women And California Law, Linda Sullivan, Sarah Afshar, Lisa K. Mccally, Kelly A. Mcmeekin
Golden Gate University Law Review
No abstract provided.
Survey: Women And California Law, Mary Ratcliff, Georgine C. Baxter, Ann Chia
Survey: Women And California Law, Mary Ratcliff, Georgine C. Baxter, Ann Chia
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.
Lavender Bruises: Intra-Lesbian Violence, Law And Lesbian Legal Theory, Ruthann Robson
Lavender Bruises: Intra-Lesbian Violence, Law And Lesbian Legal Theory, Ruthann Robson
Golden Gate University Law Review
This Article seeks to elucidate the confusion between sexuality and violence that confounds legal treatments of intra-lesbian violence. This confusion is both explicitly and implicitly revealed in judicial decisions and legislative enactments. A distinct but intertwined task of this Article is to situate intra-lesbian violence within the development of a lesbian legal theory. It is intra-lesbian violence that makes equally untenable either a separatist lesbian legal theory (eschewing all reference to a patriarchal legal system) or an assimilationist lesbian legal theory (advocating lesbianism as an irrelevant factor in legal determinations).
The Establishment Clause Argument For Choice, David R. Dow
The Establishment Clause Argument For Choice, David R. Dow
Golden Gate University Law Review
Although the Court's opinion in Roe has been subjected to substantial criticism, with its attention to the issue of viability coming under attack as an egregious instance of judicial legislation, any constitutional discussion of the abortion issue must begin with Roe itself. I do not propose to defend the jurisprudential analysis in Roe. Instead, my aim is to suggest that the majority's historical survey of the significance attributed by our culture to the moment of viability adumbrates the distinction between cultural and religious values that I propose in this essay. My argument proceeds as follows. Part I of this essay …
Enforcing The Hidden U.S. Equal Rights Law, Ann Fagan Ginger
Enforcing The Hidden U.S. Equal Rights Law, Ann Fagan Ginger
Golden Gate University Law Review
Since 1945 the law of the United States has required the United States government to take action to promote universal observance of human rights for all without distinction as to sex. This equal rights for women law is part of the supreme law of the land, to be faithfully executed by the President and the Administration, to be enforced by the federal courts and by the courts of the several states, to be implemented by Congress, and to be obeyed by industry, reported by the media, and relied on and obeyed by the people in their daily lives. Busy practitioners …
Survey: Woman And California Law, Amy C. Hirschkron, Michele M. Feher, Te Jung Chang
Survey: Woman And California Law, Amy C. Hirschkron, Michele M. Feher, Te Jung Chang
Golden Gate University Law Review
This survey of California, 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.
Gender Issues And The Prosser, Wade And Schwartz Torts Casebook, Carl Tobias
Gender Issues And The Prosser, Wade And Schwartz Torts Casebook, Carl Tobias
Golden Gate University Law Review
The first section of the piece affords a general examination of many aspects of the Prosser casebook that involve issues of gender. This overview should enhance the understanding of readers, especially those persons not accustomed to thinking consciously in terms of gender, while providing a setting for the specific assessment in the second segment of the paper. That section explores how issues implicating gender can arise in the classroom context of learning and teaching from Prosser's materials on affirmative causes of action for intentional torts to persons and privileges to those torts. The final part reflects on the future of …
Survey: Women And California Law, Linda Macdonald, Kate Blackburn Rockas
Survey: Women And California Law, Linda Macdonald, Kate Blackburn Rockas
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.
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 …
Judicial Indifference To Pornography's Harm: American Booksellers V. Hudnut, Penelope Seator
Judicial Indifference To Pornography's Harm: American Booksellers V. Hudnut, Penelope Seator
Golden Gate University Law Review
This paper will evaluate the opinions of the district court and the Seventh Circuit that held that an Indianapolis ordinance violated the first amendment, with particular attention to the courts' treatment of the demonstrated harms of pornography (II). The paper argues that pornography is a practice of discrimination through which women are subordinated on the basis of sex (III). When pornography is understood in the context of social reality, it is seen as a practice of sex discrimination, just as racial segregation is understood as a practice of race discrimination when it and its meaning are seen in the context …
Sexual Speech And The State: Putting Pornography In Its Place, Mary C. Dunlap
Sexual Speech And The State: Putting Pornography In Its Place, Mary C. Dunlap
Golden Gate University Law Review
This article reviews the wider legal, political and psychological consequences of the drive against "pornography". The concern of this article is that the "anti-pornography" campaign has serious and as-yet ill-considered implications for a broader category of communication, here termed "sexual speech".
Survey: Women And California Law, Linda C. Kramer, T. A. Graudin, Donna Cobe Beekman, Kathy A. Alfieri
Survey: Women And California Law, Linda C. Kramer, T. A. Graudin, Donna Cobe Beekman, Kathy A. Alfieri
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 briefanalysis of the issues pertinent to women raised in each case is provided.
California Federal Savings & Loan Association V. Guerra: The State Of California Has Determined That Pregnancy May Be Hazardous To Your Job, Susan Spalter Berman
California Federal Savings & Loan Association V. Guerra: The State Of California Has Determined That Pregnancy May Be Hazardous To Your Job, Susan Spalter Berman
Golden Gate University Law Review
In California Federal Savings & Loan Association v. Guerra, the United States Court of Appeals for the Ninth Circuit upheld the facial validity of California Government Code section 12945(b)(2). The court vehemently rejected a federal preemption argument and held that a law setting a minimum leave for pregnancy disabilities did not, on its face, discriminate against men or conflict with the purpose of Title VII of the Civil Rights Act of 19644 as amended in 1978 by the Pregnancy Discrimination Act (PDA). The issue of whether the PDA allows any different treatment for pregnancy has divided the feminist community.
Comparable Worth And The Market Defense: A National Debate, Helena Kaminski
Comparable Worth And The Market Defense: A National Debate, Helena Kaminski
Golden Gate University Law Review
The concept of comparable worth is rooted in a simple premise: salaries should be based on the intrinsic value of the employee's work to the employer. Yet attempts to enact comparable worth measures have caused controversy in state legislatures, city boardrooms, and courts. Increasingly, the debate has centered on the market's role in setting wages. Comparable worth advocates argue that employers pay women a sex-slanted wage which is illegal under Title VII. Employers, in turn, urge that far from being discriminatory, such wages reflect the market's workings, and are necessary to their survival. The defense has hitherto proven remarkably successful …
Women And Children First: An Examination Of The Unique Needs Of Women In Prison, Terri L. Schupak
Women And Children First: An Examination Of The Unique Needs Of Women In Prison, Terri L. Schupak
Golden Gate University Law Review
This Comment will examine the deficiencies of the prison prenatal care system. It will discuss current litigation in terms of its impact on the prison staff to effectuate change and its possible influence upon future litigation. Further, three states' models for permitting the retention of physical custody of a child by an incarcerated mother will be investigated.