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Full-Text Articles in Law
Grey Matters, Lois Schwartz
Grey Matters, Lois Schwartz
UC Law SF Journal on Gender and Justice
In this narrative, Professor Lois Schwartz discusses the experience of finding her first grey hair, which led to her life-changing decision to enroll in law school at the age of forty. She explores her personal experience as a law student, a mother, a woman, and member of a so-called "geriatric study group" during her three years of legal education. Now a law professor herself, she discusses how her experiences as a student helped to shape who she is as a professor. She also reflects on the changes that have occurred to the legal profession since her time as a student, …
Breeding Incentives: Parental Leave In Japan And The United States, Talia Saypoff
Breeding Incentives: Parental Leave In Japan And The United States, Talia Saypoff
UC Law SF Journal on Gender and Justice
More so than in any other area, law that involves family issues tends to lack international consensus. This is certainly the case for parental leave law. This Note examines parental leave and family care leave laws, within the broader context of women's employment, in the United States and Japan. First, this Note offers an overview of the evolution of parental leave laws in the United States and Japan. Next, this Note looks at how many people take advantage of the leave offered and seek to understand parents' underlying motives. The United States, which has arguably the worst parental leave laws …
Protecting Traditional Surrogacy Contracting Through Fee Payment Regulation, Dominique Ladomato
Protecting Traditional Surrogacy Contracting Through Fee Payment Regulation, Dominique Ladomato
UC Law SF Journal on Gender and Justice
There is an outdated assumption that payment in exchange for traditional surrogacy services is equal to "baby-selling." Due to this assumption, there is an unrealistic expectation that altruism alone should sustain traditional surrogacy contracts in place of payment. While there is currently no uniform regulation on traditional surrogacy for-pay contracts in the United States, there is a wealth of conflicting state laws that make traditional surrogacy contracting a confusing area of the law. When it is unclear how a state will treat these surrogacy contracts, individuals enter into these unique contractual arrangements with little to no certainty about their enforceability. …
The "M Word" Symposium: An Interdisciplinary Adventure, Lisa Faigman
The "M Word" Symposium: An Interdisciplinary Adventure, Lisa Faigman
UC Law SF Journal on Gender and Justice
No abstract provided.
Hormone Therapy For Postmenopausal Women: A Brief History Of Time, Cynthia A. Stuenkel
Hormone Therapy For Postmenopausal Women: A Brief History Of Time, Cynthia A. Stuenkel
UC Law SF Journal on Gender and Justice
All women who live long enough with ovaries intact will experience the menopause transition. This nearly universal, natural physiological event transcends mere biology, however. In our culture, the menopause also connotes a marker of aging. Margaret Meade considered menopause as the portal to a season of postmenopausal zest. Others, such as the infamous gynecologist Robert Wilson, approached menopause as an endocrine deficiency disorder with only negative sequelae in a woman's appearance, sexuality, and health. In an effort to relieve women's symptoms and to ward off the vagaries of aging, hormone therapy entered midstream medicine over fifty years ago. In an …
Perceiving And Reporting Domestic Violence Incidents In Unconventional Settings: A Vignette Survey Study, Hadar Aviram, Annick Persinger
Perceiving And Reporting Domestic Violence Incidents In Unconventional Settings: A Vignette Survey Study, Hadar Aviram, Annick Persinger
UC Law SF Journal on Gender and Justice
Domestic violence abuse is under-reported to police, but has long been viewed only through a lens of female oppression. Some literature suggests that in unconventional abusive relationships, such as in same-sex relationships or in relationships with a female batterer and male victim, the problem of under-reporting is more severe. This Article uses a vignette survey design to examine the tendencies to report such incidents to the police, by controlling for the type of relationship, the existence of outing threats, and the presence of mutual violence. Compared to the typical scenario involving a male batterer and female victim, we find significantly …
Unsportsmanlike Conduct: Female Sportswriters As Targets For Sexual Harassment, Aishlin P. Hicks
Unsportsmanlike Conduct: Female Sportswriters As Targets For Sexual Harassment, Aishlin P. Hicks
UC Law SF Journal on Gender and Justice
Professional sports are big business in the United States, and so perhaps it is no surprise that reporters from magazines, newspapers, and television shows and networks flock to pro locker rooms and practice fields to interview the players and coaches. The situation can become a bit more complex when the person on the other end of the microphone is a woman. Female sportswriters often find themselves as targets for sexual harassment and lewd behavior. This Note considers the possible legal options that sportswriters may have when they are victimized by the athletes and coaches they are charged with reporting on. …
Hey, What About Me: Why Sexual Education Classes Shouldn't Keep Ignoring Lgbtq Students, Sarah Camille Conrey
Hey, What About Me: Why Sexual Education Classes Shouldn't Keep Ignoring Lgbtq Students, Sarah Camille Conrey
UC Law SF Journal on Gender and Justice
This Note discusses the issue of public school sexual education classes that do not discuss LGBTQ-specific issues. I look at the history of sexual education in public schools in the United States, and the evolving purposes behind such curricula. Next I discuss the social implications of omitting LGBTQ-specific information in sexual education classes, which include the reinforcement of heteronormative beliefs among students. I examine how the failure to inform students of protective measures when having same-sex sexual encounters can have health implications by potentially reinforcing the mistaken belief that such sexual encounters are relatively risk free because there is not …
Fundamental Rights For Women: Applying Log Cabin Republicans To The Military Abortion Ban, Hillary Hansen
Fundamental Rights For Women: Applying Log Cabin Republicans To The Military Abortion Ban, Hillary Hansen
UC Law SF Journal on Gender and Justice
Controversial policies in the United States Armed Forces like the ban on abortions in military facilities and the discharge of openly homosexual service members under Don't Ask Don't Tell (DADT) have disproportionately deprived service women of the fundamental rights they fight to protect. These policies pose serious threats to the safety and efficacy of female military personnel forcing them to make impossible decisions regarding their health, intimate relationships, and military careers. While the 111th Congress successfully repealed DADT, efforts to repeal the abortion ban fell short. This note compares and contrasts the substantive details and legislative history of these two …
From Gender To Genomics: Achievements And Challenges In Sex-Specific Science, Marianne J. Legato
From Gender To Genomics: Achievements And Challenges In Sex-Specific Science, Marianne J. Legato
UC Law SF Journal on Gender and Justice
Dr. Legato's keynote speech, delivered at the Journal's Symposium, covered the evolution of gendered approaches to medical examination and research from the early 1900s up to today. This issue features a transcribed version of that address. In the early 1900s, doctors and medical researchers focused solely on men as normative subjects representative of the population at large. Since then, the focus has shifted; first, to a dual approach, considering both sexes, and then, to a greater emphasis on women, to the detriment of the male community. The classic debate of nature versus nurter has been a recurring theme throughout these …
Living Art, Jaime S. King
Living Art, Jaime S. King
UC Law SF Journal on Gender and Justice
In this narrative, Professor Jaime King explores her personal experience as a patient undergoing in vitro fertilization after studying the procedure as part of her doctoral dissertation in Health Policy and Ethics. Professor King reveals the challenges of being a patient when faced with medical uncertainty and a more paternalistic minded physician. She then argues in favor of changing informed consent law and physician practice patterns to promote the use of shared decision-making in order to improve medical decision-making in the context of IVF.
Body Art On Children's Bodies: Should It Be Up To Parents To Decide, Inna Volkova
Body Art On Children's Bodies: Should It Be Up To Parents To Decide, Inna Volkova
UC Law SF Journal on Gender and Justice
Legislation in certain states has placed limitations on children's ability to acquire piercings or tattoos until the age of 18-irrespective of parental consent. This note argues against this type of legislation and instead advocates for parental consent to be the authority in this process. Taking into account the modern trend of body piercings and tattoos, the path of educating minors about possible health risks would accomplish the government's objective of decreasing piercings and tattoos amongst youth, without banning their rights to self expression. It is important to acknowledge the exception carved out for soft ear lobe piercings which is based …
Don't Sleep - Be Firm - Listen, Rafe Posey
Don't Sleep - Be Firm - Listen, Rafe Posey
UC Law SF Journal on Gender and Justice
No abstract provided.
The Intriguing Potential Of Postnuptial Contract Modifications, M. Neil Browne, Katherine S. Fister
The Intriguing Potential Of Postnuptial Contract Modifications, M. Neil Browne, Katherine S. Fister
UC Law SF Journal on Gender and Justice
An ugly reality faced by many couples is the prospect of an impending divorce. Regardless of this fact, there is a longstanding opposition to the creation of marital contracts that is routed in history and enforced by popular opinion. This Article contends that marriage contracts drafted during the marriage, known as postnuptial contracts, can be effective in providing cleaner ways for marriages to dissolve and for saving marriages that are on the brink of collapse. These contracts allow couples to address marital disagreements that were unanticipated prior to the marriage. Unlike prenuptial contracts, however, postnuptial contracts are difficult to enforce …