Law and Gender Commons^™

Seeking Integral Reparations For The Murders And Disappearances Of Women In Ciudad Juárez: A Gender And Cultural Perspective, Jorge Calderón Gamboa

Human Rights Brief

No abstract provided.

Gender Dimensions Of Biotechnology Policy And Trade, Constance Z. Wagner

All Faculty Scholarship

Gender issues in biotechnology policy and trade are rapidly emerging as some of the most interesting and challenging within these fields. Gender issues have been identified in three important areas impacted by biotechnology, namely agriculture, traditional knowledge, and health. The policy discussion on these matters is still in its early stages and more research will be needed in order to formulate approaches that adequately incorporate a gender perspective. Gendered aspects of biotechnology also raise concerns in international trade law, which have not yet been addressed in the current legal framework at any level, including the World Trade Organization (“WTO”) regime. …

Title Ix As Pragmatic Feminism, Deborah L. Brake

Cleveland State Law Review

This article examines Title IX as an example of a pragmatic approach to theory, and argues that pragmatic feminism is an approach that holds promise for feminists grappling with the complexity of gender oppression. Part II briefly examines pragmatism as an alternative to foundational theory and considers pragmatism's relationship to feminist legal theory. Part III explores the many forms and iterations of gender subordination in sports. Calls for a consistent, unifying theory of Title IX cannot account for the shifting nature and multiplicity of social and institutional practices that subordinate women in sports. These varied forms of subordination necessitate a …

A National Putative Father Registry, Wells Conference On Adoption Law, Mary M. Beck

Faculty Publications

This Article will discuss the mechanics of putative father registries, review jurisdictional issues, analyze the policies behind their development, and review relevant case law over the last 5 years.

The Legacy Of Colonialism: Law And Women's Rights In India, Varsha Chitnis, Danaya C. Wright

UF Law Faculty Publications

The relationship between nineteenth century England and colonial India was complex in terms of negotiating the different constituencies that claimed an interest in the economic and moral development of the colonies. After India became subject to the sovereignty of the English Monarchy in 1858, its future became indelibly linked with that of England's, yet India's own unique history and culture meant that many of the reforms the colonialists set out to undertake worked out differently than they anticipated. In particular, the colonial ambition of civilizing the barbaric native Indian male underlay many of the legal reforms attempted in the nearly …

International Union, U.A.W. V. Johnson Controls: The History Of Litigation Alliances And Mobilization To Challenge Fetal Protection Policies, Caroline Bettinger-Lopez, Susan P. Sturm

Faculty Scholarship

The Supreme Court's decision in Johnson Controls is the culmination of a long legal campaign by labor, women's rights, and workplace safety advocates to invalidate restrictions on women's employment based on pregnancy. This campaign powerfully demonstrates the use of amicus briefs as opportunities to link the efforts of groups with overlapping agendas and to shape the Supreme Court's understanding of the surrounding empirical, social and political context. But Johnson Controls also provides important lessons about the narrowing effects and fragility of litigation-centered mobilization. The case affirmed an important anti-discrimination principle but ironically left women (and men) with the right to …

Forward, Rebecca Green, Lauren Whittemore

UC Law SF Journal on Gender and Justice

No abstract provided.

Battered Women, Homicide Convictions, And Sentencing: The Case For Clemency, Carol Jacobsen, Kammy Mizga, Lynn O'Orio

UC Law SF Journal on Gender and Justice

For battered women who are forced to kill their attackers, unequal treatment by the law and gendered modes of punishment often lead to unfair convictions and sentences. In a study conducted by the Michigan Battered Women's Clemency Project, startling levels of discrimination in the courts against women who were victims of domestic violence were revealed. In this study, victims of domestic violence had higher conviction rates and longer sentences than all other defendants charged with homicide. The criminal and legal systems have failed to protect battered women from being killed or being forced to kill. Clemency remains the only hope …

Forward, Lauren Whittemore, Rebecca Green

UC Law SF Journal on Gender and Justice

No abstract provided.

Trans-Phobia And The Relational Production Of Gender, Elaine Craig

UC Law SF Journal on Gender and Justice

This Article posits that gender identity is in large measure produced relationally and that due to the interpretive, relational nature of gender production many experience gender transgression in others as disruptive to their own sense of identity. It suggests that this results in much of the legal discrimination and oppression faced by individuals whose gender presentation does not conform with dominant gender norms. It further suggests that the disruption in the face of gender transgression is produced by the binary model itself and proposes legal strategies that will assist in a non-binary re-conceptualization of gender.

Ten Years Of Resistance To Coercive Population Control: Section 601 Of The Iirira Of 1996 To Section 101 Of The Real Id Act Of 2005, Jamie Jordan

UC Law SF Journal on Gender and Justice

As a result of China's enactment of the one-child policy in the 1970s, the United States was confronted with a new type of asylum applicant: Chinese citizens who were seeking asylum based on a coercive population control scheme. This Note reviews the United States' attempts to cope with this influx of Chinese asylum applicants. The first section describes the one-child policy and the coercive methods with which it was implemented. Section two outlines how the United States has attempted to offer some protection under its asylum laws to those who have fled China to avoid the one-child policy . Finally, …

Marital Rape: A Unique Blend Of Domestic Violence And Non-Marital Rape Issues, Morgan Lee Woolley

UC Law SF Journal on Gender and Justice

Marital rape is frequently treated within the frameworks of domestic violence and non-marital rape. However, social attitudes and legislation regarding domestic violence are often caught in a tension between family privacy and victim/survivor protection, whereas non-marital rape is often lodged between problems of consent and evidentiary proof. Thus, subsuming marital rape under either paradigm, to assess marital rape as we would treat domestic violence or non-marital rape, fails to account for the unique circumstances and consequences of rape that is perpetrated by one's own spouse. This Note addresses those unique circumstances and takes a look at current marital rape legislation …

Emerson Family Values: Claims To Duration And Renewal In American Narratives Of Divorce, Love And Marriage, Mae Kuykendall

UC Law SF Journal on Gender and Justice

Themes in American family life contain contradictions between a public narrative of duration and a private narrative of renewal. This seeming conflict in values, in combination with a high divorce rate, might be thought to indicate that the marital vows are a culturally hollow ceremony. In fact, Americans' disposition in matters of family seemingly to waver between vows of duration and belief in renewal can be accounted for as well as given moral weight by the thinking and influence of Ralph Waldo Emerson. Dismissed at times as an idealist, a proponent of unthinking American individualism, and an irresponsible wordsmith, Emerson …

Who Was That Mother's Son, Alan Laird

UC Law SF Journal on Gender and Justice

No abstract provided.

I Had A Dream, J. K. D.

UC Law SF Journal on Gender and Justice

No abstract provided.

A Literate Dyslexic, M. L. Fraser

UC Law SF Journal on Gender and Justice

No abstract provided.

Our Other Reproductive Choices: Equality In Sex Education, Contraceptive Access, And Work-Family Policy, Cornelia T. Pillard

Georgetown Law Faculty Publications and Other Works

Reproductive rights are traditionally understood to be protected by the privacy aspect of the due process liberty guarantee, but equal protection is also at the heart of the matter. Many of us intuitively know the close relationship between sex equality and abortion rights, and the law, too, is starting to reflect it. This Symposium broadens the focus of traditional abortion-rights jurisprudence to develop equality-based analyses of abortion rights. Widening the angle even further, this Article looks at sex equality and reproductive rights issues beyond the core right to abortion . . . To highlight some of the opportunities created by …

Janet Halley, Split Decisions: How And Why To Take A Break From Feminism, Princeton University Press. 2006 (Book Review), Mary Anne Franks

Articles

No abstract provided.

Gendered Risks Of Retirement: The Legal Governance Of Defined Contribution Pensions In Canada, Mary G. Condon

Articles & Book Chapters

This paper examines how the governance of new employer-sponsored pension arrangements in Canada mediates the relationship between gender and discourses of economic risk. It considers the role played by these pension regimes in maintaining gendered forms of financial self-governance and economic insecurity. It asks whether evolving precepts of pension regulation assist or hinder women who wish to resist the disciplinary reach of policy restructurings in the employer-based pension sector.

Democracy Stops At My Front Door: Obstacles To Gender Equality In South Africa, Penelope Andrews

Articles & Chapters

In South Africa, post-apartheid legislation promulgated in pursuit of the constitutional commitment to equality demonstrates that the government, at least at the formal level, is committed to a comprehensive democratic framework that promotes such equality. Statutes such as the Promotion of Equality and the Prevention of Unfair Discrimination Act, the Prevention of Domestic Violence Act, and the Black Empowerment Act amongst others, attest to the commitment of such a vision. In addition, statutes such as the Recognition of Customary Marriages Act, that purport to protect women in polygamous African customary unions, suggest that the South African Parliament is deeply committed …

Learning To Love After Learning To Harm: Post-Conflict Reconstruction, Gender Equality And Cultural Values, Penelope Andrews

Articles & Chapters

The question that the Jacob Zuma rape trial and its aftermath raised was how a country like South Africa, with such a wonderful Constitution and expansive Bill of Rights, could generate such negative and retrogressive attitudes towards women. In line with this inquiry, this article raises three issues: The first focuses on the legacy of apartheid violence and specifically the cultures of masculinity, the underbelly of apartheid violence. Second, the article explores the findings of the Truth and Reconciliation Commission (TRC), a vital part of the post-apartheid transformation agenda, to examine how the TRC pursued violations of women's human rights. …

Les Papiers De La Liberté: Une Mère Africaine Et Ses Enfants À L'Époque De La Révolution Haïtienne, Rebecca Scott, Jean M. Hebrard

Articles

During the Louisiana Constitutional Convention of 1867-1868, the young Edouard Tinchant proposed measures to protect the civil rights of women. He suggested that the State adopt legal measures to allow all women, regardless of race or color, to more easily bring complaints in the event of a breach of a marriage promise. He also proposed additional measures to prevent women from being forced into “concubinage” against their will. While that constitutional Convention was open to men of color and guaranteed a number of the rights for which Tinchant and his friends were fighting, the assembly did not adopt his propositions …

Panel One: Lessons Learned: Gender Analyses Of Past Policies And Practices: Introduction, Suzanne B. Goldberg

Faculty Scholarship

Hello. I'm Suzanne Goldberg. I am pleased to welcome you to the first of two afternoon panels as part of the Women's Rights Law Reporter Symposium, "Lessons Learned: Gender Analyses of Past Policies and Practices." Thank you to Dr. Enarson for the wonderful opening to our conversation today. She has inspired us to think about broadening our analytic lens by foregrounding questions of gender in our consideration of disasters and disaster relief.

Harassment Of Female Farmworkers - Can The Legal System Help?, Maria Ontiveros

Maria L. Ontiveros

This paper provides an in depth and highly textured description of "sexual harassment" as experienced by female farmworkers in California. It explains how the harassment is affected by the extremity of the consequences she faces if she does not comply with the harassment; the structural difficulties in the reporting of and response to these incidents of sexual harassment; the sexualization of migrant women; the cultural factors that influence the harassment; and the fluidity of her workplace. It then critiques both current legal doctrine and current feminist theories of sexual harassment as inadequate to address these workers' concerns. It suggests an …

Female Immigrant Workers And The Law: Limits And Opportunities, Maria Ontiveros

Maria L. Ontiveros

This paper explains the reasons that traditional United States labor and employment laws are incapable of effectively addressing the types of workplace problems confronting female immigrant workers. It critiques the protections supposedly offered by the free market, labor standards, antidiscrimination laws and collective bargaining. It argues that statutory exclusion, immigration issues, nonrecognition of injury, and cultural limitations thwart the effectiveness of traditional approaches. It then describes a variety of initiatives and approaches being taken at the domestic and international level that more effectively address these problems. These initiatives include the use of the Thirteenth Amendment and antitrafficking legislation, as well …

From "The Art Of War" To "Being Peace": Mindfulness And Community Lawyering In A Neoliberal Age, Angela P. Harris, Jeffrey Selbin, Margaretta Lin

Angela P Harris

No abstract provided.

Envisioning A U.S. Government That Isn't 84% Male: What The United States Can Learn From Sweden, Rwanda, Burundi, And Other Nations, Nancy E. Millar

Nancy E Millar

No abstract provided.

Progressive Lawyering In Politically Depressing Times, Susan D. Carle

Susan D. Carle