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Full-Text Articles in Law
What Does It Take To Be A (Lesbian) Parent - On Intent And Genetics, Sanja Zgonjanin
What Does It Take To Be A (Lesbian) Parent - On Intent And Genetics, Sanja Zgonjanin
UC Law SF Journal on Gender and Justice
This Note analyzes KM v. E.G., 13 Cal. Rptr 3d 136 (Cal. Ct. App. 2004), the first case brought in front of any court of appeals in the U.S. where the lesbian egg donor (the genetic mother) who raised her children for six years together with her partner (the gestational mother) was denied parental rights after the couple separated. The application of the intent based determination of parentage originally devised to solve competing parental claims in surrogacy case is criticized as inappropriate, unnecessary and unjustified. The absence of legal protections for lesbian parents and standards addressing issues unique to lesbian …
A Woman Of Property: From Being It To Controlling It - A Bicentennial Perspective On Women And Ohio Property Law, 1803 To 2003, Sarah Miller Little
A Woman Of Property: From Being It To Controlling It - A Bicentennial Perspective On Women And Ohio Property Law, 1803 To 2003, Sarah Miller Little
UC Law SF Journal on Gender and Justice
This Article reviews the development of women's legal rights, by tracing the right of a married woman to own and control real property from after the American Revolution to the present. Early feminist leaders were much of the impetus for change in women's real property laws. The Article examines the early feminist movement in Ohio, and the profound effects of the many, courageous feminist leaders on Ohio property law.
Using Postmodern Feminist Legal Theory To Interrupt The Reinscription Of Sex Stereotypes Through The Institution Of Marriage, Jessica Knouse
Using Postmodern Feminist Legal Theory To Interrupt The Reinscription Of Sex Stereotypes Through The Institution Of Marriage, Jessica Knouse
UC Law SF Journal on Gender and Justice
The institution of marriage has long been an engine of the subordination of women, the normalization of relationships and the repression of individual desires. This Article suggests that the time has come to dismantle the institution and end its deleterious impact upon society. The Article begins by defining "sex" and "sex stereotypes" and by examining, from various feminist perspectives, the influence of sex stereotypes upon individual identity creation. The Article proceeds to review the historical development of marriage, illustrating that marriage inevitably reinscribes sex stereotypes, and arguing that the institution and the stereotypes are presently so intertwined that disaggregation is …
Asking Adolescents: Does A Mature Minor Have A Right To Participate In Health Care Decisions, Cara D. Watts
Asking Adolescents: Does A Mature Minor Have A Right To Participate In Health Care Decisions, Cara D. Watts
UC Law SF Journal on Gender and Justice
Many children approaching the age of majority struggle with severe and sometimes terminal illnesses. Does such a minor possess a Fourteenth Amendment Due Process right to participate in medical decisions concerning her care, or is her fate left solely in the hands of her parents and the State? This Note examines the health care rights of minors and attempts to give a voice to children, a vast, silent population in this country, in the medical care context. After examining such fundamental cases as Belotti v. Baird, this Note finds numerous exceptions, crafted by the courts over several decades in a …
Toward A More Equitable Approach To Causation In Veterinary Malpractice Actions, Jayne De Young
Toward A More Equitable Approach To Causation In Veterinary Malpractice Actions, Jayne De Young
UC Law SF Journal on Gender and Justice
The legal and economic barriers to veterinary malpractice cases are significant. Potential plaintiffs are often discouraged from pursuing their claims because of the very limited potential for significant damages and the difficulty of proving causation. This Note advocates a burden-shifting approach to the causation element of veterinary malpractice. It commences with an overview of some of the different methods by which animal guardians have sought redress for the injury or death of an animal while under the care of a veterinarian. This overview is followed by a detailed look at the elements of veterinary malpractice. Next, the recordkeeping standards in …