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Full-Text Articles in Law
Afterword, Exploring The Economic Meanings Of Gender, Joan C. Williams
Afterword, Exploring The Economic Meanings Of Gender, Joan C. Williams
Faculty Scholarship
No abstract provided.
The Resurgence Of Herbal Remedies: Controlling Access To Herbal Remedies And Medicinal Marijuana--Foreword, Hastings Women's Law Journal
The Resurgence Of Herbal Remedies: Controlling Access To Herbal Remedies And Medicinal Marijuana--Foreword, Hastings Women's Law Journal
UC Law SF Journal on Gender and Justice
No abstract provided.
The Criminalization Of Medicinal Marijuana, Hastings Women's Law Journal
The Criminalization Of Medicinal Marijuana, Hastings Women's Law Journal
UC Law SF Journal on Gender and Justice
No abstract provided.
Foreword, Joan C. Williams, Adrienne D. Davis
Foreword, Joan C. Williams, Adrienne D. Davis
Faculty Scholarship
No abstract provided.
U.S. Dietary Supplement Regulation: Belief Systems And Legal Rules, Michael H. Cohen
U.S. Dietary Supplement Regulation: Belief Systems And Legal Rules, Michael H. Cohen
UC Law SF Journal on Gender and Justice
This article explores dietary supplement regulation and the belief systems and legal rules that shape it. Part I discusses the key provisions of the federal Dietary Supplement Health and Education Act (DSHEA). Part II examines how DSHEA, philosophically, represents a compromise between extreme medical paternalism (the orthodox view that the FDA should dictate consumer access to dietary supplements) and radical patient autonomy (the liberal view that patients should have unlimited consumer access to dietary supplements). Part II frames the debate in terms of regulatory proposal, policy, values, and belief system. Strong controls in regulation (FDA's paternalistic viewpoint) and weak controls …
Herbal Remedies Are Not Dietary Supplements: A Proposal For Regulatory Reform, Cary Elizabeth Zuk
Herbal Remedies Are Not Dietary Supplements: A Proposal For Regulatory Reform, Cary Elizabeth Zuk
UC Law SF Journal on Gender and Justice
Increasingly, consumers are turning to herbal remedies to help heal what ails them. This note explores the past and present regulation of herbal remedies. The Dietary Supplement Health and Education Act (DSHEA) of 1994 provided a convenient regulatory vehicle-"dietary supplements"-for herbal remedies to enter the market with labeling that claims a positive effect on the structure or function of the body or on one's general sense of well-being. This note argues that DSHEA fails as a regulatory system for herbal remedies. While it safeguards access to herbal remedies, DSHEA only allows vague labeling information suggesting the therapeutic potential of the …
Breaking The Federal/State Impasse Over Medical Marijuana: A Proposal, Marsha N. Cohen
Breaking The Federal/State Impasse Over Medical Marijuana: A Proposal, Marsha N. Cohen
UC Law SF Journal on Gender and Justice
California's Proposition 215 legalizes the medical use of marijuana. Since its passage, the State of California and the federal government have been engaged in legal skirmishing over its implementation. In this policy commentary, Professor Cohen describes the current legal status of medical marijuana and the current scientific views about its efficacy for various medical purposes. She appeals to California's Governor Gray Davis to break the costly legal impasse between federal and state governments over medical marijuana. She proposes that the Governor support the scientific efforts needed to determine whether, and for what, marijuana is good medicine. Further, the Governor should …
When Service With A Smile Invites More Than Satisfied Customers: Third-Party Sexual Harassment And The Implications Of Charges Against Safeway, Sarah L. Ream
UC Law SF Journal on Gender and Justice
Sexual harassment in the workplace, a form of sex discrimination, has received substantial legislative and judicial attention in the past several decades. Courts have recognized that harassment may arise from supervisor or co-worker conduct. Increasingly, courts are also acknowledging harassment by third-parties, such as independent contractors or customers. This note examines the law of such "third-party sexual harassment" with regard to harassment perpetrated by customers. Particular attention is given to the implications of charges filed against a major super market chain alleging harassment by customers due to the implementation of a customer service policy.
Foreword, Cary Elizabeth Zuk
Foreword, Cary Elizabeth Zuk
UC Law SF Journal on Gender and Justice
No abstract provided.
Law And The Biology Of Rape: Reflections On Transitions, Owen D. Jones
Law And The Biology Of Rape: Reflections On Transitions, Owen D. Jones
UC Law SF Journal on Gender and Justice
The effectiveness of the legal system in preventing rape depends, in part, on the accuracy of the model of rape behavior on which it relies. To date, most models of rape reflect the disciplinary isolation of their proponents. In this article, Professor Jones argues that integrating life science and social science perspectives on sexual aggression can improve law's model of rape behavior and further our efforts to reduce the .incidence of rape. Extending his prior work on law, biology, and sexual aggression, Professor Jones addresses both why law's model of rape behavior can usefully incorporate insights from biobehavioral science in …
Clara Shortridge Foltz: Angel And Revolutionary, Deborah H. King
Clara Shortridge Foltz: Angel And Revolutionary, Deborah H. King
UC Law SF Journal on Gender and Justice
Clara Shortridge Foltz has been described in many different ways. "Lady lawyer," "massive egotist" and "representative heroine" are just a few of the labels she has worn. This note attempts to find yet another label for Foltz by exploring her culture and the roles she chose to play within that culture. When Foltz is viewed in the context of her time it becomes apparent that her proper label lies somewhere between lady lawyer and feminist. She was a complex woman with varied responses to the Victorian notions that men and women occupied different spheres, which is referred to as separate …
Persecution On Account Of Gender: A Need For Refugee Law Reform, Bret Thiele
Persecution On Account Of Gender: A Need For Refugee Law Reform, Bret Thiele
UC Law SF Journal on Gender and Justice
Reacting to the horrors committed during World War II and the subsequent mass migration of individuals across State boundaries, the international community in 1951 agreed to a definition of refugee. This definition is still in use internationally and reflected in U.S. domestic law. This article illustrates how the current definition of refugee is limited and therefore inadequate to protect millions of persons, namely those persecuted or facing persecution on account of gender. Likewise, recent developments in refugee law do not sufficiently provide protection to individuals facing gender-specific forms of persecution. This article argues for the addition of a gender category …
Revisiting Poor Joshua: State-Created Danger Theory In The Foster Care Context, Michele Miller
Revisiting Poor Joshua: State-Created Danger Theory In The Foster Care Context, Michele Miller
UC Law SF Journal on Gender and Justice
The Supreme Court's decision in DeShaney v. Winnebago County Department of Social Services declared that abused children in the legal custody of the state (but residing with their natural parent) have no private cause of action against the state for substantive due process violations. Since the decision, many courts have attempted to circumvent DeShaney by using a "state-created danger theory," by which a state may be liable, under negligence principles, for removing a child from foster care and returning him/her to a parent, despite clear indications that future abuse will occur. This note examines the application of the state-created danger …
Knowledge, Identity, And The Politics Of Law, Margaret Davies, Nan Seuffert
Knowledge, Identity, And The Politics Of Law, Margaret Davies, Nan Seuffert
UC Law SF Journal on Gender and Justice
As indicated by the title, our primary question concerns the relationship of situated knowledges, identity politics and the political dimension of law. The term "situated knowledges" refers broadly to issues raised in feminist epistemology: how do oppressed groups experience the world differently to the dominant perspective, what is the relationship between different knowledge bases and what is the epistemological significance of "the view from below?" "Identity politics" is a term which has been used to describe political coalitions formed primarily around politically-charged identities. It has been used to indicate, for instance, that identification as a "feminist" or as a "lesbian" …
All Things Being Equal: Affirmative Action And Candidate Selection From A Scottish Perspective, Kirsteen Davidson, Rhona Smith, Ruth Webster, Nicole Busby
All Things Being Equal: Affirmative Action And Candidate Selection From A Scottish Perspective, Kirsteen Davidson, Rhona Smith, Ruth Webster, Nicole Busby
UC Law SF Journal on Gender and Justice
This article examines some of the issues surrounding attempts to increase the participation of women in formal political structures. Although prominent on the international agenda, only Scandinavia comes close to a true gender balance. Within an international political and legal context, this article examines the remarkable improvement in female representation which has occurred in Scotland since 1997. Scotland is an ideal case study with recent elections to the Local Councils, the Scottish Parliament, the national Westminster Parliament and the European Parliament. In some instances, different techniques of affirmative action or reverse discrimination were employed. Each of these elections will be …
Still Cloudy, With Little Chance Of Clearing: Fda's Proposed Rule On Structure/Function Claims For Dietary Supplements, Michele Simon
Still Cloudy, With Little Chance Of Clearing: Fda's Proposed Rule On Structure/Function Claims For Dietary Supplements, Michele Simon
UC Law SF Journal on Gender and Justice
The FDA's proposed rule regarding structure/function claims for dietary supplements is intended to give consumers more information about dietary supplements. While "disease claims" are prohibited under the rule, claims that a product affects a structure or function of the body are permissible. However, the distinction between a "disease claim" and a "structure/function claim" ignores the reasons why many consumers turn to dietary supplements. Rather than dispelling confusion surrounding dietary supplements, the proposed rule will only add to it.