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Full-Text Articles in Law
Lost In Forest Grove: Interpreting Idea's Inherent Paradox, Natalie Pyong Kocher
Lost In Forest Grove: Interpreting Idea's Inherent Paradox, Natalie Pyong Kocher
UC Law SF Journal on Gender and Justice
The passage of the Individuals with Disabilities Education Act ("IDEA"), a major civil rights bill, provided children with disabilities heightened access to education. At the heart of the IDEA is a school district's responsibility to provide each child with an individualized education, often referred to as a "free appropriate public education" ("FAPE"). Where a public school district is itself unable to provide a FAPE, IDEA requires the district to pay for the student's enrollment in a private school. Courts initially interpreted IDEA to require that parents give public school districts an opportunity to provide a FAPE before removing their child …
Probable Cause From Probable Bonds: A Genetic Tattle Tale Based On Familial Dna, Jessica D. Gabel
Probable Cause From Probable Bonds: A Genetic Tattle Tale Based On Familial Dna, Jessica D. Gabel
UC Law SF Journal on Gender and Justice
DNA represents the "gold standard" of evidence that solves crimes and obtains convictions. Law enforcement agencies increasingly turn to national and local DNA databanks to generate possible suspects. These searches may "hit" upon databank samples that only partially match the DNA left at a crime scene. The value in a partial match is that it might identify a relative of the perpetrator. Some states have embraced this technique - called familial DNA testing - as a harmless additive to traditional or routine investigatory methods, but at least one state has explicitly banned its use. This Article examines the scientific, legal, …
Disrupting Sexual Categories Of Intimate Preference, Luke A. Boso
Disrupting Sexual Categories Of Intimate Preference, Luke A. Boso
UC Law SF Journal on Gender and Justice
The Article first explores what "discrimination" in the intimate realm may mean, and it discusses the ineffective application of traditional legal antidiscrimination measures in favor of Professor Vicki Shultz's "disruption" model. The disruption model looks at institutional practices rather than individual intent, explaining that discrimination occurs when institutions create differential categories and apply hierarchical meanings to those categories. The Article then critically examines "sexual orientation" as an incoherent and oppressive social construct in need of disruption. Finally, the Article demonstrates the ways in which the law has created rigidly defined categories of sex, gender, and sexual identity (all inextricable components …
Poems By Richard Krech, Richard Krech
Poems By Richard Krech, Richard Krech
UC Law SF Journal on Gender and Justice
No abstract provided.
All Carrots And No Sticks: Moving Beyond The Misapplication Of Burlington Industries, Inc. V. Ellerth, E. Jacob Lindstrom
All Carrots And No Sticks: Moving Beyond The Misapplication Of Burlington Industries, Inc. V. Ellerth, E. Jacob Lindstrom
UC Law SF Journal on Gender and Justice
In pair of 1998 cases, Burlington Industries, Inc. v. Ellerth and Faragher v. City of Boca Raton, the U.S. Supreme Court crafted a new framework for employer liability in sexual harassment cases. Thenceforth, employers were to be strictly liable for the harassment of employees by supervisors, but employers would also be able to employ an affirmative defense if (a) the employer acted reasonably in preventing and correcting harassment and (b) the employee acted unreasonably in avoiding or stopping the harassment. The Court marketed this new framework as a compromise between the competing values of eliminating harassment (hence, strict liability) and …
Still Pioneers: Special Social And Economic Hardships For Elderly Gays And Lesbians, Annick Persinger
Still Pioneers: Special Social And Economic Hardships For Elderly Gays And Lesbians, Annick Persinger
UC Law SF Journal on Gender and Justice
This Note will first discuss the social factors that make accessing retirement and support services problematic for lesbian and gay elders, such as ageism in the gay and lesbian community and heterosexual-focused retirement institutions. Part II will investigate how federal law and policy affects lesbian and gay elders' ability to obtain health care benefits and save for retirement. Part III will examine state and municipal solutions for same-sex couples, in the face of federal discrimination. Part IV will illustrate the necessity of acquiring an attorney because of the challenges in preparing for a lesbian or gay elder's incompetence, and the …
Use Of Female Interrogators: The Analysis Of Sexualized Interrogations The Detainee Interrogation Working Group Did Not Conduct, Celia Rumann
UC Law SF Journal on Gender and Justice
In the years following the Abu Ghraib scandal, it has become apparent that Lynndie England was punished for the crime of providing the world with photographic evidence of a government policy of using sexuality as a weapon of war. Ms. England's actions were not, as has been asserted, borne of whole cloth out of the sexually deviant minds of young soldiers bent on exploiting prisoners for their own amusement. Rather, they embodied the arguably extreme end of the systematic work of the United States government to engage in sexually deviant exploitation of prisoners purportedly for the collective safety and well-being …
Am I That Race - Punjabi Mexicans And Hybrid Sensitivity, Or How To Do Theory So That It Doesn't Do You, Faljuni A. Sheth
Am I That Race - Punjabi Mexicans And Hybrid Sensitivity, Or How To Do Theory So That It Doesn't Do You, Faljuni A. Sheth
UC Law SF Journal on Gender and Justice
This paper explores the conceptual and racial status of "Punjabi Mexicans" at the turn of the twentieth century. In the literature, this group appears to be a "given," i.e., it is portrayed as a coherent identity that emerges from a simple set of circumstances. Yet, it is anything but a given; its existence and its collective and individual consciousness is created out of a complex nexus of legal, political, social, and natural environments that spurred the migration of East-Indian men and Mexican women from their homelands and to their adopted lands. By understanding human beings as subjects rather than as …
Alma Mater: Clara Floltz And Hastings College Of Law, Barbara Babcock
Alma Mater: Clara Floltz And Hastings College Of Law, Barbara Babcock
UC Law SF Journal on Gender and Justice
No abstract provided.
Reduced Hours, Full Success: Part-Time Partners In U.S. Law Firms, Cynthia Thomas Calvert, Linda Bray Chanow, Linda Marks
Reduced Hours, Full Success: Part-Time Partners In U.S. Law Firms, Cynthia Thomas Calvert, Linda Bray Chanow, Linda Marks
UC Law SF Journal on Gender and Justice
When the Project for Attorney Retention ("PAR") was founded a decade ago, part-time partners were rare. Most associates who reduced their hours were taken off the partnership track either expressly or de facto; regardless of what the policy said, in most firms no part-time associate had ever been elevated to partner. Recognizing reduced hours work could not be a real option as long as it was a career ender, PAR developed a best practice balanced-hours policy, which helps eliminate the stigma associated with part-time and keeps those associates who work reduced hours developing professionally toward partnership. As the number of …
Crimes Without Punishment: Violence Against Women In Guatemala, Karen Musalo, Elisabeth Pellegrin, S. Shawn Roberts
Crimes Without Punishment: Violence Against Women In Guatemala, Karen Musalo, Elisabeth Pellegrin, S. Shawn Roberts
UC Law SF Journal on Gender and Justice
In Guatemala, impunity for the battering and killing of women is at such levels that perpetrators rightly feel confident that there is no price to pay for their unrestrained violence. Each year the number of women murdered rises precipitously, and there is general consensus that the impunity enjoyed by those responsible is a significant factor in the escalating numbers of killings in Guatemala. As a result, victims are fleeing persecution to the United States, seeking, with little success, asylum. One of the main factors contributing to the delay in deciding asylum cases is the government's fear of "opening the floodgates," …
Realizing Ledbetter's Dream With Diy Sensitivity, Jessi Leigh Swensen
Realizing Ledbetter's Dream With Diy Sensitivity, Jessi Leigh Swensen
UC Law SF Journal on Gender and Justice
While passage of the Lilly Ledbetter Fair Pay Act is a triumph for American women, it highlights that pay disparity between men and women is a persistent problem. According to U.S. Bureau of Labor Statistics reports, women currently earn eighty-one percent of the average weekly wages for men. The restoration of this cause of action could prove an important deterrent to employers, but the relief and remedy is ex post facto rather than prophylactic. This note recounts Lilly Ledbetter's personal journey through the workplace, courts, legislature, and White House. It goes on to expand on systemic factors that perpetuate wage …
Crimes Without Punishment: Violence Against Women In Guatemala, Karen Musalo, Elisabeth Pellegrin, S. Shawn Roberts
Crimes Without Punishment: Violence Against Women In Guatemala, Karen Musalo, Elisabeth Pellegrin, S. Shawn Roberts
Faculty Scholarship
No abstract provided.