Law Commons^™

Women In The Workplace: Sexual Discrimination In Japan, Kelly Barrett

Human Rights Brief

No abstract provided.

Women's Inheritance Rights In Africa: The Need To Intergrate Cultural Understanding And Legal Reform, Abby Morrow Richardson

Human Rights Brief

No abstract provided.

Rule Of Law Prevails In The Case Of Amina Lawal, Hauwa Ibrahim

Human Rights Brief

No abstract provided.

Child Laborers: The World's Potential Future Labor Resources Exploited And Depleted, Rupneet Sidhu

UC Law SF Journal on Gender and Justice

At this very moment, child laborers are working in unsuitable and hazardous conditions in both developed and developing nations. The adults, who are the main medium for giving voice to the concerns of the child laborers at the international and national levels, have failed. However, there are some promising international instruments whose full and sincere implementation can aid nations to eliminate at least the worst forms of child labor. Concurrently improving and enforcing national laws will help as well. Moreover, the non-governmental organizations should be recognized for being instrumental in keeping the child labor issues as a priority of the …

The Voice Of The Unheard: An Evaluation Of And Proposed Solution To The Special Educational Needs Of Hearing Children Of Deaf Parents, Julie Ruschin

UC Law SF Journal on Gender and Justice

Spoken language acquisition depends on aural exposure to the language. A child must hear a language spoken. But more than this, the child must have the language directed at her in conversational context. Because spoken language acquisition requires something that may be beyond the capabilities of the State, and because language acquisition is an educational issue, the responsibility for providing a program to ensure that hearing children of deaf parents master spoken English rests on the State. The State should create programs to ensure that these children are properly exposed to spoken English during the brief period in life in …

Introduction And Congratulations, Mary Kay Kane

UC Law SF Journal on Gender and Justice

No abstract provided.

A New Image In The Looking Glass: Faculty Mentoring, Invitational Rhetoric, And The Second-Class Status Of Women In The U.S. Academia, Carlo A. Pedrioli

UC Law SF Journal on Gender and Justice

Despite earning more than 40% of doctorates awarded in the United States, women hold one third of the tenure-track teaching positions in higher education. Moreover, the women who enter U.S. academia still earn less than their male counterparts. This article maintains that Title VII of the Civil Rights Act of 1964 offers an inadequate solution for encouraging the presence and equal standing of women in U.S. academia. This article presents the slow progress of equality in academia achieved by Title VII and the limitations of traditional rhetoric. It then offers models of faculty mentoring and introduces the concept of invitational …

Stoning Single Nigerian Mothers For Adultery: Applying Feminist Theory To An Analysis Of Gender Discrimination In International Law, Sarah Crutcher

UC Law SF Journal on Gender and Justice

In 2003, an Islamic Sharia court in northern Nigeria sentenced Amina Lawal to death by stoning for having sex outside of marriage. After the man Lawal named as the father of her baby was acquitted for lack of evidence, the international community pressured Nigeria to oppose the ruling by adhering to its own constitutional provisions, and international law prohibiting torture and gender discrimination. This article explores the fundamental conflicts between international human rights law and Islamic law as implemented by Sharia courts. The author cites the UN Charter, the Universal Declaration of Human Rights, jus cogens and customary international law, …

Consent Engendered: A Feminist Critique Of Consensual Fourth Amendment Searches, Dana Raigrodski

UC Law SF Journal on Gender and Justice

This essay examines the inherent power imbalances that characterize police-individual encounters and questions the notion of consensual searches. Albeit feminist challenges to the notion of consent in other areas of the law, there has not been a feminist scrutiny of consent and agency as employed within search and seizure law. Therefore, this essay builds on feminist critique of rape laws and domestic violence to challenge the Court's dichotomized view of coercion and consent in its search and seizure cases and to offer a feminist concept of agency under conditions of subordination.

The Child Status Protection Act: Does Immigration Math Solve The Family Unity Equation, Shane Dizon

UC Law SF Journal on Gender and Justice

This note focuses on the Child Status Protection Act, passed by Congress in 2002 to allow individuals who turn 21 while their permanent residence paperwork is pending to preserve their eligibility as children. The note addresses the various reactions of the enforcing government authorities, practitioners, and courts since the Act's passage. In addition, the author explores the Act's place among other recent legislation and government agency policies purporting to advance the theme of family unity in immigration. Ultimately, the author suggests that the statutory stop-the-clock approach embodied by the Act seems not only inconsistent with its predecessors, which have expanded …

Lighting The Lantern: Visions Of A Virtual All-Women's Law School, Nancy E. Shurtz

UC Law SF Journal on Gender and Justice

"Lighting the Lantern: Visions of a Virtual All-Women's Law School" is a fictional narrative of a hypothetical all women's law school. It is written in non-traditional form in the hope that it will prompt the reader to view the law, academic institutions and societal constructs in ways more consistent with an evolving society that should embrace all differences, whether those differences are gender or racially based.

The mission of the All Women's Law School is threefold: "First, to teach specific lawyering skills and disseminate knowledge in a context designed to help students function effectively in the existing culture while working …

"[N]Ot A Story To Pass On": Constructing Mothers Who Kill, Susan Ayres

UC Law SF Journal on Gender and Justice

Society is horrified and shocked when mothers kill their children. While this reaction may be justified, the reasons behind infanticide are never fully explored. Motherhood has very specific definitions in our society which makes it difficult to understand the motivations behind infanticide. Social institutions, such as the legal system and the media, are responsible for constructing motherhood in such a way that we view mothers who kill their children as simply insane and deficient. This article asserts another possible viewpoint regarding infanticide. Instead of specularizing women, the author urges people to view mothers who kill their children within the context …

The Admissibility Of Tape Recordings In Criminal Trials Involving Domestic Disputes: California's Proposition 8 And Title Iii Of The Federal Omnibus Crime Control And Safe Streets Act, Lee Ashely Smith

UC Law SF Journal on Gender and Justice

Domestic cases of eavesdropping and wiretapping pose a special problem for laws that were initially meant to govern police misconduct and espionage. California voters passed Proposition 8 but its passage led to many additional questions including whether the law truly champions victims' rights and whether it protects innocent defendants. Federal law, by comparison, sets a minimum standard of one-party consent for the admissibility of wiretap or eavesdropping evidence in criminal trials. This standard has been shown to permit parental wiretaps without allowing purely clandestine recording of another's activities, including spouses and domestic partners. In short, privacy rights are protected to …

A Hometown Dilemma: Addressing Th E Sexual Harassment Of Undocumented Women In Meatpacking Plants In Iowa And Nebraska, Amanda Clark

UC Law SF Journal on Gender and Justice

Sexual harassment of undocumented women workers continues to be a systemic problem within the meatpacking industry. In Iowa and Nebraska, the state legislature, the Equal Employment Opportunity Commission, labor unions, and local advocacy organizations are working to address the problem of sexual harassment within the meatpacking industry. This note addresses the ongoing issues facing women in the meatpacking industry in Iowa and Nebraska, in particular the unique concerns facing undocumented and immigrant women workers. It also looks to the Supreme Court holding in Hoffman Plastic Compounds, Inc. v. NLRB to determine the applicability of that case to Title VII sexual …