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Full-Text Articles in Law and Gender
The Evolution Of Women's Rights In Inheritance, Kristine S. Knaplund
The Evolution Of Women's Rights In Inheritance, Kristine S. Knaplund
UC Law SF Journal on Gender and Justice
The Evolution of Women's Rights in Inheritance explores the period shortly after the passage of the Married Women's Property Acts, when women had increasing economic power and, in many jurisdictions, the right to execute wills without their husbands' consent. Through original research and comparisons with earlier and later studies, the author discovered ways in which women differed significantly from men. In addition, the author found an astonishing amount of litigation, including will contests, objections to accounts, and actions to quiet title in over twenty percent of the wills. This study fills in gaps in the legal literature in women's history …
The Hpv Vaccination: Necessary Of Evil, Pauline Self
The Hpv Vaccination: Necessary Of Evil, Pauline Self
UC Law SF Journal on Gender and Justice
This Note discusses the recent Human Papillomavirus (HPV) vaccination, whether the vaccine should be mandated for minors and the vaccine's legal, and medical implications. Presently, there exists a unique opportunity to significantly reduce the rate of HPV-associated cervical cancer through anti-viral vaccination strategies using the HPV vaccine. Despite the apparent public health benefits of the HPV vaccine, the desire of some lawmakers to mandate the vaccine for schoolgirls has placed it at the center of political, medical, and moral jousting throughout the country. The multiple state and federal proposals as well as a state bill signed into law making the …
One The Steps Of The Mosque: The Legal Rights Of Non-Marital Children In Egypt, Laura M. Thomason
One The Steps Of The Mosque: The Legal Rights Of Non-Marital Children In Egypt, Laura M. Thomason
UC Law SF Journal on Gender and Justice
This Note seeks to address the legal implications of being a non-marital child in Egypt and to parse out the legal discrimination from the social. It further explores Islam's influence on Egyptian law and whether the basic precepts of Islam are in part responsible for the legal treatment of nonmarital children in Egypt. Lastly, possible changes to the laws in Egypt are considered arising out of Egypt's ratification of the Convention on the Rights of the Child, the implementation of this convention, and how it may influence the rights of non-marital children.
Three's Company - How American Law Can Recognize A Third Social Parent In Same-Sex Headed Families, Laura Nicole Althouse
Three's Company - How American Law Can Recognize A Third Social Parent In Same-Sex Headed Families, Laura Nicole Althouse
UC Law SF Journal on Gender and Justice
In light of recent American and Canadian case law granting legal parenting rights to three parents in same-sex headed families, this Article explores how the Uniform Parentage Act can be modified to accommodate multiple parenthood within this population subset. The author draws from Professor Nancy Dowd's scholarship on unbundling social and economic parenting rights to support social fatherhood. The author also analyzes existing methods by which same-sex couples may obtain parenting rights under American law and recent California precedents applying the Uniform Parentage Act to recognize two legal mothers. The Article proposes that Nancy Dowd's revisions to the Act, coupled …
The Future Of Women In The Legal Profession: Recognizing The Challenges Ahead By Reviewing Current Trends, Maria Pabon Lopez
The Future Of Women In The Legal Profession: Recognizing The Challenges Ahead By Reviewing Current Trends, Maria Pabon Lopez
UC Law SF Journal on Gender and Justice
In 2004, the Indiana Supreme Court Race and Gender Commission undertook a large survey of lawyers' perceptions about women in the legal profession in order to assess which areas of gender bias have improved and which areas could stand improvement. This Article takes the data from this survey and interprets its significance for women in the profession and for the justice system overall. The Article compares the findings from the 2004 study of Indiana lawyers to the findings of a similar earlier Indiana study (conducted in 1990), and draws conclusions regarding the overall occurrence of gender bias in Indiana along …
Challenging Changing Legal Definitions Of Family In Same-Sex Domestic Violence, Shannon Little
Challenging Changing Legal Definitions Of Family In Same-Sex Domestic Violence, Shannon Little
UC Law SF Journal on Gender and Justice
Many state legislatures have amended domestic violence laws to cover non-marital relationships, at the same time removing references to gender so that same-sex relationships may receive protection. The de-gendered domestic violence law is not a perfect solution. Abuse in a same-sex relationship may involve different forms of physical and non-physical violence that traditional laws do not recognize. Gender-neutral laws also do nothing to address or remedy bias within the courts. Finally, some gender-neutral laws face challenges for violating state laws or constitutional amendments restricting marriage benefits to heterosexual relationships. This Note surveys the landscape of same-sex domestic violence protections, provides …
Posthumour Children, Hegemonic Human Rights, And The Dilemma Of Reform - Conservations Across Cultres, Uche Ewerlukwa
Posthumour Children, Hegemonic Human Rights, And The Dilemma Of Reform - Conservations Across Cultres, Uche Ewerlukwa
UC Law SF Journal on Gender and Justice
This Article compares the unequal treatment of posthumous procreation in Africa and in the Western world within the contexts of jurisprudence and human rights discourse. Though customary law recognizes the legality of posthumous procreation in many parts of Africa, courts and international human rights advocates have condemned the practice as repugnant to public policy, public morality, and public health. The fact that comparable processes in the West have been ignored or even promoted suggests a double standard in human rights discourse, perhaps even an attempt to delegitimize non-Western customs while imposing Western values on non-Western societies. The Article urges cross-cultural …
Because We Say So: The Unfortunate Denial Of Rights To Transgender Minors Regarding Transitions, Amanda Kennedy
Because We Say So: The Unfortunate Denial Of Rights To Transgender Minors Regarding Transitions, Amanda Kennedy
UC Law SF Journal on Gender and Justice
This Note explores the barriers that transgender youth face when attempting to explore transition through counseling or medical treatment. The Note first addresses barriers facing the transgender community generally, including cost of transition, social hurdles, and psychological factors. The Note then addresses the legal ramifications of three different situations: (1) when parents agree with their child's choice to explore transition; (2) when parents disagree with each other about their child's choice; and (3) when both parents oppose their child's transition. Finally, the Note addresses Constitutional and policy arguments in support of transgender youth.
Foreword, Amanda Kennedy
Foreword, Amanda Kennedy
UC Law SF Journal on Gender and Justice
No abstract provided.
Foreword, Emily Wood
Economic, Social, And Cultural Rights And The Right To Education In American Jurisprudence: Barriers And Approaches To Implementation, Emily H. Wood
Economic, Social, And Cultural Rights And The Right To Education In American Jurisprudence: Barriers And Approaches To Implementation, Emily H. Wood
UC Law SF Journal on Gender and Justice
This Note discusses the development and recognition of the U.N. Covenant on Economic, Social, and Cultural Rights both in the context of international human rights and U.S. jurisprudence. The Note explores a number of the obstacles that have previously prevented economic, social, and cultural rights from being recognized in the U.S., and poses possible methods to overcome these hurdles. These approaches include explorations of recognizing international legal standards in U.S. courts and recognizing such rights as either an inherent component of political and civil rights or a fundamental right. The Note concludes with an assessment of the enforcement and implementation …