Law Commons^™

Hiv And Aids In Africa: Compulsory Licensing Under Trips And Doha Declaration, Ufuoma Barbara Akpotaire

Ufuoma Barbara Akpotaire

In today’s world, there is a lot of focus on issues such as militancy, global warming, terrorism, racism and even politics. Unfortunately, there is a problem that has killed and is still killing far more people than any of the above issues. That problem is HIV/AIDS.

AIDS is a serious medical condition that predisposes patients towards opportunistic infecting tumors, dementia and death. HIV is the viral agent associated with AIDS. Africa is without doubt more heavily affected by HIV/AIDS than any other region of the world. Although Nigeria’s HIV/AIDS prevalence rate is still relatively low compared to some countries in …

Dazzling The World: A Study Of India's Constitutional Amendment Mandating Reservations For Women On Rural Panchayats, Eileen Kaufman, Louise Harmon

Louise Harmon

No abstract provided.

Ua5/3 University Attorney - Committee File, Wku Archives

WKU Archives Collection Inventories

Unprocessed committee files created by the University Attorney. Committees include the Council on Higher Education Special Committee on Minority Affairs, Administrative Council and Teacher Admissions, Certification, and Student Teaching Committee. This record group is unprocessed and must be reviewed for potential restricted materials before access is granted. Please contact the University Archivist prior to your visit.

Dazzling The World: A Study Of India's Constitutional Amendment Mandating Reservations For Women On Rural Panchayats, Eileen Kaufman, Louise Harmon

Eileen Kaufman

No abstract provided.

Not Just One Of The Boys: A Post-Feminist Critique Of Title Ix's Vision For Gender Equity In Sports, Dionne L. Koller

All Faculty Scholarship

Title IX as applied to athletics is a high-profile, controversial public policy effort that has opened up the world of athletics to millions of girls and women. Yet as it is both celebrated for the opportunities it has created for women, and decried as going too far at the expense of men, a reality persists that women do not pursue or remain committed to sport in numbers comparable to men. This Article seeks to explore this phenomenon by moving the discourse beyond the debate over whether women are inherently as "interested" in sport as men to examine the conception of …

Incrementalism, Civil Unions, And The Possibility Of Predicting Legal Recognition Of Same-Sex Marriage, Erez Aloni

Erez Aloni

Scholars who have examined the legal recognition of same-sex partnerships in European countries have concluded that the path to the legalization of same-sex marriage follows an incremental process involving specific stages. They suggest that it is possible to predict, based on certain visible social and legal processes or assessable parameters, which U.S. states will be the next to recognize same-sex marriage. These scholars argue that such small cumulative legal changes at the state level constitute the best means of legalizing same-sex marriage in the United States, and that civil unions are a necessary step in this process. This article shows …

El Papel De La Educación Y Las Ong’S En Mejorar El Acceso A Derechos Para Inmigrantes: El Caso De Los Derechos Sexuales Y Reproductivos = The Role Of Education And Ngo’S In Helping Immigrants Obtain Better Access To Their Rights: The Specific Case Of Sexual And Reproductive Rights, Amy Torres

Independent Study Project (ISP) Collection

In January of 2004, Argentina approved a new immigration law that guaranteed the protection of human rights for all immigrants in the country regardless of their legal status with the State. Among the rights explicitly guaranteed by this law were the right to migrate, the right to education and the right to health care. While this law represents a significant advance by the Argentine government in protecting the human rights of immigrants, oppressive mechanisms still remain in everyday practices that inhibit actual access to their rights.

Considering the changes in the law and the breach between the laws and everyday …

Sex And The Supremes: Towards A Legal Theory Of Sexuality, Elaine Craig

PhD Dissertations

This thesis examines how the Supreme Court of Canada, across legal contexts, has tended to conceptualize sexuality. It focuses primarily on areas of public law including sexual assault law, equality for sexual minorities, sexual harassment and obscenity and indecency laws. There were a number of trends revealed upon reviewing the jurisprudence in this area. First, the Court’s decisions across legal contexts reveal a tendency to conceptualize sexuality as innate, as a pre-social naturally occurring phenomenon and as an essential element of who we are as individuals. This is true whether one is speaking of the approach to gay and lesbian …

Sex Lex: Creating A Discourse, Gerald Torres

Cornell Law Faculty Publications

No abstract provided.

A Guy Walks Into A Bar: Gender Discriminatory Pricing And Admission Policies In Las Vegas Establishments, Shana S. Brouwers

Nevada Law Journal

No abstract provided.

California's Incarcerated Mothers: Legal Roadblocks To Reunification, Heidi Rosenberg

Golden Gate University Law Review

This comment will provide statistical information regarding the increase in the number of mothers incarcerated in the United States. Part II will then use California as an example, providing statistical information and a detailed account of the judicial proceedings that an incarcerated mother must adhere to in order to reunite with her children. It will then provide a case example, using In re Precious J. v. Contra Costa County Department of Social Services, which demonstrates how the proceedings actually work.18 In re Precious is a 1996 California case that chronicles the difficulties imposed on a mother and child when a …

Preface, Christine B. Gregson

Golden Gate University Law Review

No abstract provided.

Preface, Victoria R. Riede

Golden Gate University Law Review

No abstract provided.

Deaf Justice?: Battered Women Unjustly Imprisoned Prior To The Enactment Of Evidence Code Section 1107, Scott G. Baker

Golden Gate University Law Review

On March 5, 1993, Assembly Bill 2295 (hereinafter AB 2295) was introduced by Assembly Member Barbara Friedman. On October 11, 1993, the Governor of the State of California vetoed AB 2295. Assembly Bill 2295 was designed to provide a fair and even application of the law to those individuals affected by the issue of battered woman syndrome (hereinafter BWS). Battered women charged with criminal activity after January 1, 1992 are permitted to present battered woman syndrome expert testimony at their trials pursuant to Evidence Code Section 1107.8 Battered women convicted prior to this date remain unjustly imprisoned because they have …

Survey: Women And California Law

Golden Gate University Law Review

No abstract provided.

X Marks The Spot While Casey Strikes Out: Two Controversial Abortion Decisions, Sabina Zenkich

Golden Gate University Law Review

This article studies and defines abortion law in Ireland after X and in the United States after Casey. It addresses how these decisions affect Irish and American women's rights, respectively, to secure an abortion. It also scrutinizes the justices' opinions and criticizes the reasoning for their holdings. This article argues that both Courts changed their nations' straightforward abortion laws to reach decisions that the courts felt would be more palatable to their respective political constituencies and satisfy their own subjective beliefs. On the one hand, the Irish court declined to abide by the traditionally conservative position denying abortion rights as …

The Forgotten And Neglected: Pregnant Women And Women Of Childbearing Age In The Context Of The Aids Epidemic, Carol Beth Barnett

Golden Gate University Law Review

This article will explore why pregnant women with HIV disease have become the focus of some of the most deeply-rooted value judgments about women and HIV, and how certain governmental policies, including state statutes, and local medical practices by hospitals, doctors and health clinics, raise reproductive freedom issues for pregnant women and women of childbearing age in the context of AIDS and HIV infection. Part I discusses the overall demographic picture of women with HIV disease, particularly as it relates to the interconnection between substance abuse and the transmission of HIV disease to women, and its affect on the numbers …

Courtroom, Code And Clemency: Reform In Self-Defense Jurisprudence For Battered Women

Golden Gate University Law Review

This article is a reproduction of a panel discussion which took place at Golden Gate University School of Law in January 1993. Of the four panelists who participated in the discussion, three panelists' comments are reprinted here. Thanks to Gina Harmon, Sarah Hughes and Rosanne Calbo-Jackson for their work, along with the Golden Gate Feminist Jurisprudence Speaker Series, in organizing this event. Much appreciation goes to Karen Brkick for her help in typing this article and to Rosanne Calbo-Jackson for her editing of this article. Also, thanks to Richard Karoly for filming the panel discussion. Finally, thank you to Professors …

Three Perspectives On Workplace Harassment Of Women Of Color, Maria L. Ontiveros

Golden Gate University Law Review

In this address, I suggest a framework for understanding the ways in which issues of race and culture play a pivotal role in what we have thought of as "sexual harassment." This framework views an incident of workplace harassment from the perspectives of the three key players: the harasser, the victim and the judicial system. From the viewpoint of the harasser, women of color appear to be less powerful, less likely to complain, and the embodiment of particular notions of sexuality. From the perspective of the women, attitudes in their community and lessons learned in their culture may make it …

Discovering Our Connections: Reflections On Race, Gender And The Other Tales Of Difference, Madelyn C. Squire

Golden Gate University Law Review

This article is a reflective essay that was written as a result of the author's participation in a symposium held on September 12, 1992 at the American University Washington College of Law on "Discovering Our Connections: Race and Gender in Theory and Practice of the Law." The writer's panel was assigned the topic, "Philosophy, Morality and Foundations of Law" from which to address the symposium subject. The essay explains and addresses why African American women find it difficult to embrace the feminist agenda and reflects on whether there is common ground or some connection among the multivalent interests of race …

Survey: Women And California Law, Carol Beth Barnett, Heather Allyson Elrick, Julie Hammel Brook, Michael Weiss, Susan M. Crocker, Theresa M. Kolish, Jessica Rudin

Golden Gate University Law Review

No abstract provided.

Women's Work: Finding New Meaning Through A Feminist Concept Of Unionization, Janelle M. Rettler

Golden Gate University Law Review

In the first section I examine the traditional structures used to change the workplace to adapt to changing societal demands. I address what these structures have accomplished and the limitations of these structures in dealing with the problems endemic in women's work. Secondly I address why women's needs in the workforce should be confronted differently than they have been in the past. And lastly, I assert that by combining traditional structures with a clearer focus on women's needs, new concepts of reform will emerge to legitimate women's work experiences.

The Ywca As A Single Sex Organization - Would It Survive A Legal Challenge?, Rosanne Calbo

Golden Gate University Law Review

Section I of this article will discuss how the forces affecting all-male organizations, specifically economic constraints and legal challenges, might affect all-female organizations by using as a case study the Young Women's Christian Association (hereinafter referred to as the YWCA). This section will examine the history of the YWCA as a women's organization and the legal, psychological and sociological issues surrounding the YWCA's female-only membership policy. Section II of this article examines several of the legal challenges to the all-male membership policy of the Jaycees, the Rotary Club, the Boys Club and the Lions Club. Section II will argue that, …

Autonomy And Community In Feminist Legal Thought, Susan G. Kupfer

Golden Gate University Law Review

In Part I, following a brief analysis of the critique of liberal political theory, I argue that the theories of Fox-Genovese and West deny the felt experience of women in their own struggle to counteract the construct of gender; since women are "engendered" by social norms, they must first develop the subjective experience of autonomy, in which they seek to understand the inner direction of their authentic selves. Second, as I argue in Part II, the idea of community, much bandied about, is a concept which is ill-defined in most feminist thought. Further, the prescription for women's place as part …

Survey: Women And California Law, Linda Sullivan, Sarah Afshar, Lisa K. Mccally, Kelly A. Mcmeekin

Golden Gate University Law Review

No abstract provided.

Survey: Women And California Law, Mary Ratcliff, Georgine C. Baxter, Ann Chia

Golden Gate University Law Review

This survey of California law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women.

Lavender Bruises: Intra-Lesbian Violence, Law And Lesbian Legal Theory, Ruthann Robson

Golden Gate University Law Review

This Article seeks to elucidate the confusion between sexuality and violence that confounds legal treatments of intra-lesbian violence. This confusion is both explicitly and implicitly revealed in judicial decisions and legislative enactments. A distinct but intertwined task of this Article is to situate intra-lesbian violence within the development of a lesbian legal theory. It is intra-lesbian violence that makes equally untenable either a separatist lesbian legal theory (eschewing all reference to a patriarchal legal system) or an assimilationist lesbian legal theory (advocating lesbianism as an irrelevant factor in legal determinations).

The Establishment Clause Argument For Choice, David R. Dow

Golden Gate University Law Review

Although the Court's opinion in Roe has been subjected to substantial criticism, with its attention to the issue of viability coming under attack as an egregious instance of judicial legislation, any constitutional discussion of the abortion issue must begin with Roe itself. I do not propose to defend the jurisprudential analysis in Roe. Instead, my aim is to suggest that the majority's historical survey of the significance attributed by our culture to the moment of viability adumbrates the distinction between cultural and religious values that I propose in this essay. My argument proceeds as follows. Part I of this essay …

Enforcing The Hidden U.S. Equal Rights Law, Ann Fagan Ginger

Golden Gate University Law Review

Since 1945 the law of the United States has required the United States government to take action to promote universal observance of human rights for all without distinction as to sex. This equal rights for women law is part of the supreme law of the land, to be faithfully executed by the President and the Administration, to be enforced by the federal courts and by the courts of the several states, to be implemented by Congress, and to be obeyed by industry, reported by the media, and relied on and obeyed by the people in their daily lives. Busy practitioners …

Survey: Woman And California Law, Amy C. Hirschkron, Michele M. Feher, Te Jung Chang

Golden Gate University Law Review

This survey of California, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.