Law Commons^™

Commercial Surrogacy: Building Families Outside Of Family Law, Sylvie Armstrong

UC Law SF Journal on Gender and Justice

Assisted Reproductive Technology continues to grow in popularity. Commercial surrogacy has proved no exception to this trend. However, lack of regulation at the international, federal, and state levels has given rise to a myriad of ethical and legal problems. This article considers the taxonomical question that any regulator must ask: Which field of law ought to be responsible for regulating this industry? It argues that although commercial surrogacy is often discussed as part of the family law rubric, on closer inspection, family law is fundamentally ill-suited to meet the needs of those involved in commercial surrogacy. By demonstrating the challenges …

Tanks And Rubber Bullets Vs. Pussy Hats And High-Fives: A Comparative Look At The 2014 Ferguson Uprising And The 2017 Women’S March On Washington, Abby Harrington

UC Law SF Journal on Gender and Justice

No abstract provided.

Papercuts: Hierarchical Microaggressions In Law Schools, Nantiya Ruan

UC Law SF Journal on Gender and Justice

No abstract provided.

“Girl Riot, Not Gonna Be Quiet”––Riot Grrrl, #Metoo, And The Possibility Of Blowing The Whistle On Sexual Harassment, Kendra Doty

UC Law SF Journal on Gender and Justice

The 1990s’ Riot Grrrl movement was powerful. Beginning with feminist punk rock bands in Olympia, Washington and spreading throughout the country, girls sparked a revolution. In song lyrics, at group meetings, and in zines, girls formed a community devoted to loudly challenging the constraints society places on women. Part of this project involved flashpoint acts of rebellion—sparks of anger’s flame shooting out as these girls confronted sexual violence and called out perpetrators by name.

Foreshadowing the cascading stories of sexual assault and harassment that erupted in 2017 with #MeToo, the Riot Grrrls warned one another about dangerous people and provided …

The Case For Socioeconomic Affirmative Action: A Jurisprudential Examination At The Disparity Between Privilege And Poverty In Higher Education Admissions, Katelyn P. Dembowski

UC Law SF Journal on Gender and Justice

No abstract provided.

A Proposal To Properly Address Implicit Bias In The Jury, Anona Su

UC Law SF Journal on Gender and Justice

No abstract provided.

A No-Win Situation: Pregnant Mothers In Medication Assisted Therapy Programs Face Discrimination For Following Doctors Orders, Axl Campos Kaminski

UC Law SF Journal on Gender and Justice

According to new research, one in five pregnant women in the United States take some form of opioid during pregnancy, and one in twenty are addicted to opioid medications. In response, the government has increased their attempts to regulate pregnant women’s conduct in order to protect the health of unborn children. Opioid dependent mothers often find themselves subject to being reported to Child Protective Services by doctors and hospital staff for ingesting drugs while pregnant. Individuals’ in substance abuse treatment, including pregnant mothers receiving opioid replacement therapy, are protected from discrimination under the Americans with Disabilities Act. However, mothers who …

Hazing In “White” Sororities: Explanations At The Organizational-Level, Gregory S. Parks, Sarah J. Spangenburg

UC Law SF Journal on Gender and Justice

Hazing has been a persistent issue in a variety of contexts, institutions, and organizations. In forty-four states, legislatures have passed anti-hazing statutes. However, the law, as a whole, has been insufficient to curtail hazing. This Article analyzes this phenomenon by looking through the lens of historically white-predominant sororities. Among the broad range of organizational dynamic, at play are the pervasive cognitive biases among members. Further, sororities face many challenges to integrating new and better information across the membership. Lastly, the Article analyzes a range of organizational dynamics that play a role in sorority members’ collective decision-making processes.

Views On Prostitution, Shulamit Almog, Ariel L. Bendor

UC Law SF Journal on Gender and Justice

The Essay argues that both law and art represent deeply-rooted cultural ambivalences and ethical incoherence towards prostitution. The choice of Picasso's Les Demoiselles d’Avignon as representative of this tension stems from the sui-generis status of the painting in the history of modern art—as an avant-garde which later became a canon. Of the various views evoked by the painting, four are especially prominent: a moralizing, a normalizing, a victimizing and a patheticizing view. The examination of various Western prostitution laws shows that each of the laws simultaneously expresses different perceptions and ideologies about prostitution, much like the views evoked by the …

Too Much Talk, Too Little Action: The Corporate Side Of Gender Diversity In Governance, Douglas M. Branson

UC Law SF Journal on Gender and Justice

The tech industry accounts for twenty-one percent of our gross national product. Yet, tech is the most backward of major U.S. industries when it comes to promoting women to leadership positions or positioning them for future ascension into executive positions. Even lower down in the ranks, the number of women tech companies employ has declined from thirtyseven percent of employees in 1995 to twenty-four percent today (2016), with prognostications that the number will decline further, to twenty-two percent or lower in the next decade. As revealed in compensation tables that companies file with the Securities and Exchange Commission, women account …

Arizona Gamete Donor Law: A Call For Recognizing Women’S Asymmetrical Property Interest In Pre-Embryo Disposition Disputes, Melissa B. Herrera

UC Law SF Journal on Gender and Justice

In vitro fertilization (IVF) is a complex series of procedures used to treat fertility or genetic problems and assist with the conception of a child. Through the IVF process, couples and individuals alike can have preembryos created and cryo-preserved for later use. To those who go through the IVF process or are considering doing so, the pre-embryos represent many things, such as hope, flexibility in family planning, and the possibility of a child. It is estimated that over 5 million babies have been born through IVF worldwide, with as many as 620,000 cryo-preserved embryos in the United States alone. Typically, …

Corrective Rape: An Extreme Manifestation Of Discrimination And The State’S Complicity In Sexual Violence, Sarah Doan-Minh

UC Law SF Journal on Gender and Justice

Corrective rape originally referred to rape perpetrated by straight men against lesbians in order to “correct” or “cure” their homosexuality—a punishment for being gay and for violating traditional gender presentation. The term is now used more broadly to refer to the rape of any member of a group that does not conform to gender norms or heterosexuality when the motive of the perpetrator is to “correct” the individual. In the United States, the actual causes of corrective rape are usually ignored or de-emphasized, thereby perpetuating the rates of sexual violence. Sexual violence is often framed in terms of personal dynamics …

Street Harassment: The Need For Criminal Remedies, Sonja Arndt

UC Law SF Journal on Gender and Justice

This article shines light on the lack of street harassment laws in the United States, while outlining why there is an immediate need for these types of laws. The author seeks to develop a working legal definition of street harassment, while subcategorizing street harassment into three separate categories: catcalling, verbal sexual harassment, and verbal sexual assault. Lastly, the author puts forth a legal proposal which would criminalize verbal sexual harassment and verbal sexual assault.

I Don’T Understand, Ryan Khojasteh

UC Law SF Journal on Gender and Justice

A poem expressing confusion and frustration at the lack of action taken by legislators to ensure women’s rights and an end to gun violence.

Romance Or Sexual Assault? Ambiguity Of Sexual Consent In The Media And How Yes Means Yes Legislation Can Help, Courtney Anne Groszhans

UC Law SF Journal on Gender and Justice

Before the reckoning of Me Too and the Time's Up Movement, legislation was being passed trying to prevent the numbers of sexual assault on college campuses with the Yes Means Yes legislation. Yes Means Yes Legislation often received the critique that people would have to sign a contract before engaging in sexual activity. However, upon reflection, a part of why Yes Means Yes sounds so severe is the American public is bombarded with an idea of romance in Hollywood movies that are arguably non-consensual and could be viewed as illegal depending on the targeted audience. Below these messages are further …

Thank You Harvey Weinstein, Rochelle Dornatt

UC Law SF Journal on Gender and Justice

After spending 35 years working on the Hill for Congress, Ms. Dornatt reflects upon the sexual harassment she witnessed firsthand, while examining the strides women have taken to put an end to workplace sexual harassment. Witnessing a significant turn of events after the Harvey Weinstein event in October 2017, Ms. Dornatt breathes hope into ending workplace sexual harassment, and calls upon men to join women in ensuring it stops.

Intersectional Resistance: A Case Study On Crimmigration And Lessons For Organizing In The Trump Era, Robin Pomerenke

UC Law SF Journal on Gender and Justice

Increasingly, the federal government has sought to utilize local law enforcement’s proximity to and intimacy with local communities to detain and deport immigrants. The resultant growth of crimmigration—the simultaneous enforcement of immigration law and criminal law—has sparked a large-scale social movement in California over the last ten years. This movement has built connections and solidarities among actors across communities and issue areas, including the faith community, the legal community, [etc.]. Using the response to crimmigration as a case study, this Note examines the potentials for intersectional resistance. What role has an awareness of intersectionality played in the fight against crimmigration? …

Foreword, Sonja Arndt

UC Law SF Journal on Gender and Justice

No abstract provided.

Employment Status Of Uber And Lyft Drivers: Unsettlingly Settled, Jillian Kaltner

UC Law SF Journal on Gender and Justice

Uber and Lyft drivers are part of a vast pool of workers in the new economy who exist in the legal grey area between independent contractors and employees. Because these workers are currently classified as independent contractors, they are without the protections and benefits that are guaranteed to employees by law. This note delineates the work risks facing Uber and Lyft drivers and various approaches scholars have used to attempt to address their employment status. It analyzes the driver’s employment status using the widely accepted Economic Realities test, and discusses the roadblocks these workers will likely face on the road …

Participating Equally: Using Tax Policy To Improve Female Workforce And Management Participation In The 21st Century, Katherine E. Smalley

UC Law SF Journal on Gender and Justice

Examining the question as to why there are so few women in the upper ranks of corporate America, this article proposes the use of the Tax Code as a powerful tool that can be used to promote social objectives. This article seeks to demonstrate ways in which the Tax Code previously has influenced behavior, and to provide a possible way to use the Tax Code that would positively impact top female workforce representation.

No Justice For Guatemalan Women: An Update 20 Years After Guatemala’S First Violence Against Women Law, Héctor Ruiz

UC Law SF Journal on Gender and Justice

This article is a report update examining the development and implementation of violence against women laws in Guatemala. In 2015, the Center for Gender and Refugee Studies, accompanied by U.C. Hastings, College of the Law professors and students, including the author, went to Guatemala and met with various agencies who work to combat violence against women. This report summarizes the study’s findings, in addition to offering recommendations to the Guatemalan and United States governments on how to protect women and children in Guatemala from gender-based violence.

The First Pride Was A Riot: How Queer Activism Has Partnered With Police To Hurt The Community’S Most Vulnerable, Delaney Nevius

UC Law SF Journal on Gender and Justice

Summarizing the history and development of queer rights activism in San Francisco, this article reflects upon the legal goals of the queer community in San Francisco from 1960 to the present, observing a movement away from law enforcement resistance and towards collaboration and placing the community’s most vulnerable, queer people of color, at risk. The author outlines and problematizes three potential legal goals for the queer community moving forward: a constitutional claim of police misconduct, hate crime legislation, and police reform tactics.

“The World Is Changing Fast, And Women Will Be On Top”, Hastings Women’S Law Journal

UC Law SF Journal on Gender and Justice

Rep. Sam Farr represented the Central Coast of California in the U.S. House of Representatives for 23 years. During his time in Congress, he was given the unique opportunity to visit foreign countries and captured photos along the way. Rep. Farr shares three photos of women abroad, while also providing a short interview with Hastings Women’s Law Journal.

The Legal Implications Under Federal Law When States Enact Biology-Based Transgender Bathroom Laws For Students And Employees, Marka B. Fleming, Gwendolyn Mcfadden-Wade

UC Law SF Journal on Gender and Justice

Recently, numerous states have considered enacting transgender bathroom laws based on the individual’s biological sex. In some cases, when these biology-based laws have been enacted, the results have been lawsuits filed by students and employees claiming violations of Title IX and Title VII. Actually, the legal rights of transgender students and employees when using public restrooms or facilities has become a hot topic of debate in recent times. In addressing this hotly debated topic, this article focuses on the transgender bathroom issue at the state level and provides insight into the attempts by states to turn policy into law. First, …

Analyzing The Disappearance Of Women’S Surnames And The Retrenchment Of Their Political-Legal Status In Early Modern England, Deborah Anthony

UC Law SF Journal on Gender and Justice

Multiple economic and political developments appear to have jointly contributed to the constriction of women’s surnames throughout history, including feudalism, the English common law, capitalism, colonialism and imperialism, and the development of the nation-state and its attendant concept of citizenship. While history generally moves in a positive direction, principles of coverture and female legal impotence appear to have in some ways become increasingly restrictive, with women’s surnames as one indication of that. Viewing the use of women’s surnames in terms of their effects on women, reveals the ways in which surname usage wrought a new formal exclusiveness and subordination of …

Foreword, Sonja Arndt

UC Law SF Journal on Gender and Justice

No abstract provided.

Shackling Women During Labor: A Closer Look At The Inhume Practice Still Occurring In Our Prisons, Amanda Glenn

UC Law SF Journal on Gender and Justice

Despite legislation and policy to prevent such things from happening, incarcerated pregnant women are still being shackled and restrained when they give birth in prison. Shackling women during childbirth creates risks for both mother and child, and is completely unnecessary to ensure the safety of prison or heath personnel. This note reviews the rules and policies in place on both the federal and state level and highlights several personal stories of women who have been restrained, even when rules prohibiting the use of shackles are on the books. This note also emphasizes the gaps in the law and suggests the …

Courts Rule Too Narrowly Regarding The Right To Wear Religious Clothing In Public, Kendyl L. Green

UC Law SF Journal on Gender and Justice

For numerous years, state and institutional rules have barred individuals from wearing religious clothing. Specifically, this issue has arisen in the military, the workplace, police departments, prisons, and public schools. Wearing religious clothing, particularly head coverings, is a vital aspect of Judaism, Islam, and Sikhism. The United States Constitution upholds the right to religious liberty in the First and Fourteenth Amendments. Additionally, the Religious Freedom and Restoration Act of 1993 (RFRA), Title VII of the Civil Rights Act of 1964, and the Religious Land Use and Institutionalized Persons Act (RLUIPA) statutes also protect religious freedom. Below, cases are examined that …

Foreword, Amy Depuy, Tyra Singleton

UC Law SF Journal on Gender and Justice

No abstract provided.

Sex Panic And Videotape, Stephan Ferris

UC Law SF Journal on Gender and Justice

In the November 2016 election, Californians voted on Proposition 60— a measure unfairly targeting the LGBT community’s production of pornography by mandating condoms in all adult entertainment production. This article examines the defeat of this proposed legislation and argues that similar legislation and policies are assimilationist practices that attack sexual autonomy and expression. This note will examine the scientific history and advancements of the HIV virus and how the AIDS Healthcare Foundation’s role in advancing a condom-only agenda, is out of touch with the scientific community.