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Full-Text Articles in Law
Foreword, Amy Depuy, Tyra Singleton
Foreword, Amy Depuy, Tyra Singleton
UC Law SF Journal on Gender and Justice
No abstract provided.
Sex Panic And Videotape, Stephan Ferris
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.
What Prohibition Teaches About Guns And Abortion: How Alcohol Can Save Individual Rights, Jesse D.H. Snyder
What Prohibition Teaches About Guns And Abortion: How Alcohol Can Save Individual Rights, Jesse D.H. Snyder
UC Law SF Journal on Gender and Justice
The Supreme Court has made numerous decisions regarding the constitutionality of abortion and gun ownership. Both highly cherished individual rights are systematically and consistently litigated. This article will explore how the documented history of Prohibition can be used to save both abortion and gun rights by examining how individual rights impact society as a whole. In addition, this article will examine the impact a oncerecognized right has when it is no longer in place. Prohibition can be used as a mechanism to ensure ongoing protections of these cherished individual rights.
Sexual Hostility A Mile High, Michelle L.D. Hanlon
Sexual Hostility A Mile High, Michelle L.D. Hanlon
UC Law SF Journal on Gender and Justice
Flight attendants have spent the past few decades eradicating the “pinup” girl persona that is often associated with their profession. This sexualized image has created a dangerous and harassing workplace environment for female flight attendants. This article addresses how the flight cabin is uniquely hostile workplace and how the International Civil Aviation Organization needs to take action to combat the gender discrimination and sexual harassment too common in this industry.
Rising Out Of Legal Blind Spots: Hwlj 2016-2017 Symposium, Jackie Gross
Rising Out Of Legal Blind Spots: Hwlj 2016-2017 Symposium, Jackie Gross
UC Law SF Journal on Gender and Justice
HWLJ hosts an annual Symposium every spring to bring together the greatest legal minds to discuss new, important, and complex legal issues. This year, HWLJ sought to inspire action through three panels that discussed the rapidly changing laws and policies affecting some of the most vulnerable communities.
Where’S My Dad? A Feminist Approach To Incentivized Paternity Leave, Jennifer E. Karr
Where’S My Dad? A Feminist Approach To Incentivized Paternity Leave, Jennifer E. Karr
UC Law SF Journal on Gender and Justice
This article examines paid paternal leave from a feminist perspective. First, this article aims to trace the history of gender roles in America and how the Family Medical Leave Act (FMLA) was enacted to allow women to maintain roles in both the public and private sphere. Second, this article explores how gender roles began to shift and more fathers sought FMLA leave to care for their children. This gender shift caused numerous shortcomings in law and public policy. This article will examine these shortcomings, compare various international paternal leave packages to each other, look to what deficiencies currently exist, and …
Conflicting Definitions Of Sexual Assault And Consent: The Ramifications Of Title Ix Male Gender Discrimination Claims Against College Campuses, Tyra Singleton
Conflicting Definitions Of Sexual Assault And Consent: The Ramifications Of Title Ix Male Gender Discrimination Claims Against College Campuses, Tyra Singleton
UC Law SF Journal on Gender and Justice
Sexual assault is pervasive on college campuses across the country. Title IX mandates that school’s receiving federal funding protect student victims of sexual assault. Some campuses have gone further than the Title IX requirements and have created internal policies that are stacked against the accused and potentially reach the level of violating the accused’s constitutional rights. This note examines how Title IX has influenced academia and how unjust campus tribunals have caused accused male students to seek redress in federal courts for gender discrimination. This note will also examine the racial implications of Title IX and consider how race contributes …
Revenge In Modern Times: The Necessity Of A Federal Law Criminalizing Revenge Porn, Katlyn M. Brady
Revenge In Modern Times: The Necessity Of A Federal Law Criminalizing Revenge Porn, Katlyn M. Brady
UC Law SF Journal on Gender and Justice
Revenge porn is a growing phenomenon where the victim is constantly re-victimized as the intimate photographs are shared across the Internet. Once a picture has been uploaded victims have no control over its distribution. The current patchwork of state criminal laws is often inadequate because the victim cannot utilize them to force websites to remove the photographs, the laws are often inadequate, and often police or legislatures fail to recognize that revenge porn is a type of sexual exploitation. States are only now beginning to take the complaints seriously. This paper sets out to define revenge porn, explain why it …
The Principal Theory, Jennifer Twist, Merienne Star Blake
The Principal Theory, Jennifer Twist, Merienne Star Blake
UC Law SF Journal on Gender and Justice
Prison inmates Jennifer Twist and Merienne Star Blake are just two of hundreds of women who are currently serving life sentences on a “Principal Theory.” This theory contains and entails that being at the scene or near the scene of the crime indicates a guilty demeanor as much as the person who actually committed the crime. The theory does not account for mitigating factors of trauma that many women face. Twist and Blake stand up as warriors for this cause and give a voice to the many woman serving life without parole on the basis of the Principal Theory.
Medical Marijuana And Child Custody: The Need To Protect Patients And Their Families From Discrimination, Alice Kwak
Medical Marijuana And Child Custody: The Need To Protect Patients And Their Families From Discrimination, Alice Kwak
UC Law SF Journal on Gender and Justice
This note addresses parents who stand to lose child custody due to discrimination against the parent’s status as a medical marijuana patient or provider for their children. Parents may be forced to choose between marijuana to alleviate health problems and the retention of custody of their children; in some cases, parents are being forced to choose between living with chronic, debilitating pain and potentially facing a child custody battle or loss of a child to the foster care system.
Legal Censure Of Unconventional Expressions Of Love And Sexuality; Finding A Place In The Law For Bdsm, Anne Onoma
Legal Censure Of Unconventional Expressions Of Love And Sexuality; Finding A Place In The Law For Bdsm, Anne Onoma
UC Law SF Journal on Gender and Justice
The laws against assault and battery do not provide an exception for consensual BDSM. Consequently, a BDSM practitioner may be charged with criminally assaulting or battering a sexual partner despite having engaged in an activity that was completely consensual and not harmful in any meaningful way. Consent is the legal difference between sex and rape, and so consent should also be the difference between BDSM and criminal assault or battery. However, courts remain unwilling to even consider a defense of consent in assault and battery cases that include alleged BDSM activities. This note will explore the multiple ways in which …
Nudging The Criminal Justice System Into Listening To Crime Victims In Plea Agreements, Dana Pugach, Michal Tamir
Nudging The Criminal Justice System Into Listening To Crime Victims In Plea Agreements, Dana Pugach, Michal Tamir
UC Law SF Journal on Gender and Justice
The Crime Victim’s Rights Act has given victims “the right to participate in the system.” However, crime victims remain marginalized as their involvement in plea agreements is yet under enforced. This article reveals the largely unnoticed gap between the victim’s rights and the disadvantaged reality they experience in plea agreements. Further, the paper identifies the legal causes that led to this gap; namely, the broad discretion and dominance of the prosecution on the one hand, and the victim’s lack of enforcement mechanisms to participate on the other. The article provides a solution whose novelty is twofold. First, the solution advocated …
The Constitutionality And Future Of Sex Reassignment Surgery In United States Prisons, Brooke Acevedo
The Constitutionality And Future Of Sex Reassignment Surgery In United States Prisons, Brooke Acevedo
UC Law SF Journal on Gender and Justice
This note examines how federal and state prisons do not currently have a policy for prison inmates living with gender dysphoria to receive their sex-reassignment surgery while incarcerated. Transgendered inmates face various legal, social, and medical challenges in the prison system. These challenges are only amplified when they are denied access to sexreassignment surgery. After various independent doctors have determined the sex-reassignment surgery is a medical necessity, denying inmates the surgery is a violation of their constitutional rights. California has developed a policy to determine when an inmate can receive their surgery, the rest of the country needs to model …
Foreword, Amy Depuy, Tyra Singleton
Foreword, Amy Depuy, Tyra Singleton
UC Law SF Journal on Gender and Justice
No abstract provided.
Changing Motherhood Paradigms: Jewish Law, Civil Law, And Society, Avishalom Westreich
Changing Motherhood Paradigms: Jewish Law, Civil Law, And Society, Avishalom Westreich
UC Law SF Journal on Gender and Justice
This paper indicates initial signs of a far-reaching interaction between Jewish law, civil law, and society, which goes to the very heart of the concept of motherhood in cases of assisted reproductive technologies. The paper argues that both civil law and Jewish law are dynamic. They influence one another very deeply, and both are affected by the social reality (which itself is, of course, dynamic by nature). But this influence is not only on the practical level. Within Jewish law, the paper reveals a fascinating process of a conceptual paradigmatic change: from a substantive approach to parenthood to a functionalist …