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Full-Text Articles in Law
Finding A Third Way: The Use Of Public Engagement And Adr To Bring School Communities Together For The Safety Of Gay Students, David S. Doty
Finding A Third Way: The Use Of Public Engagement And Adr To Bring School Communities Together For The Safety Of Gay Students, David S. Doty
UC Law SF Journal on Gender and Justice
On its face, the suggestion that gay and lesbian students, along with all other students, should be protected from violence and harm in public schools does not seem to warrant controversy. Yet, disputes over this issue threaten to consume school communities, as school officials wrestle with complicated legal requirements and emotional stakeholders. Contributing to the turmoil is the fact that school officials cannot begin to address the safety concerns of gay students strictly within a legal framework without finding themselves frustrated by a number of conflicting mandates. On the one hand, schools are obligated under Title IX and the Equal …
Dispelling The Misconceptions Raised By The Davis Dissent, Joan E. Schaffner
Dispelling The Misconceptions Raised By The Davis Dissent, Joan E. Schaffner
UC Law SF Journal on Gender and Justice
The Supreme Court, in Davis v. Monroe County Board of Education, correctly held school districts liable under Title IX for deliberate indifference to known instances of student-on-student sexual harassment that is so severe, pervasive and objectively offensive that it effectively bars the victim's access to an educational opportunity or benefit. Professor Schaffner argues, however, that the majority failed to adequately address three concerns raised by the Davis dissent, that: (1) as a matter of federalism, this issue should be left to the states; (2) student peer sexual harassment does not constitute sex discrimination and (3) holding schools liable for student …
Students As Targets And Perpetrators Of Sexual Harassment: Title Ix And Beyond, Martha Mccarthy
Students As Targets And Perpetrators Of Sexual Harassment: Title Ix And Beyond, Martha Mccarthy
UC Law SF Journal on Gender and Justice
This article address legal protections for public school students who are the victims of sexual harassment inflicted by school employees or their classmates. Constitutional and statutory remedies are explored, with particular attention given to the liability of school districts under Title IX of the Education Amendments of 1972 that bars gender discrimination in federal assisted educational programs or activities. The article discusses in some detail the Title IX standards for students to be awarded damages from school districts for sexual harassment that the Supreme Court announced in Franklin v. Gwinnett Public Schools, Gebser v. Lago Vista Independent School District and …
Combating Fetal Substance Abuse And Governmental Foolhardiness Through Collaborative Linkages, Therapeutic Jurisprudence And Common Sense: Helping Women Help Themselves, David C. Brody, Heidee Mcmillin
Combating Fetal Substance Abuse And Governmental Foolhardiness Through Collaborative Linkages, Therapeutic Jurisprudence And Common Sense: Helping Women Help Themselves, David C. Brody, Heidee Mcmillin
UC Law SF Journal on Gender and Justice
Annually thousands of babies are born exposed to alcohol or illicit drugs while in their mother's womb. While the government has addressed the problem by punishing pregnant women and their children, the number of affected infants continues to rise. This is largely due to states taking gendered, punitive and illogical actions, which are antithetical to the social, scientific and medical research that has shown that treatment, not punishment, is the appropriate means to deal with the problem. Instead of addressing the problem honestly in search of a practical solution, states have focused on casting blame and meting out punishment upon …
Peace Be With You, Mary E. Davis
Peace Be With You, Mary E. Davis
UC Law SF Journal on Gender and Justice
No abstract provided.
In The Best Interests Of The Child: An Analysis Of Wisconsin Supreme Court Rulings Involving Same-Sex Couples With Children, Amy Persin Linnert
In The Best Interests Of The Child: An Analysis Of Wisconsin Supreme Court Rulings Involving Same-Sex Couples With Children, Amy Persin Linnert
UC Law SF Journal on Gender and Justice
The children of same-sex couples are often the unintended victims of legal discrimination against homosexuals. This note examines the Wisconsin Supreme Court's approach to the issues of adoption, custody and visitation involving the children of same-sex couples. Wisconsin was chosen as the focus of this note because it is widely recognized as a legally progressive state and is one of the few states that prohibits discrimination on the basis of sexual orientation. This note urges the Wisconsin courts and legislature to reexamine the issue of same-sex marriage as a means of protecting the best interests of the children of same-sex …
Sexual Harassment Meets Zero Tolerance: Life In K-12 Schools Since Davis, Nan Stein
Sexual Harassment Meets Zero Tolerance: Life In K-12 Schools Since Davis, Nan Stein
UC Law SF Journal on Gender and Justice
No abstract provided.
Response To Peer Sexual Harassment Of Lgbt Youth In Schools: Advocacy, Legislation And Litigation, Christine Hwang
Response To Peer Sexual Harassment Of Lgbt Youth In Schools: Advocacy, Legislation And Litigation, Christine Hwang
UC Law SF Journal on Gender and Justice
No abstract provided.
Peer Sexual Harassment In California After Davis, John F. Walsh
Peer Sexual Harassment In California After Davis, John F. Walsh
UC Law SF Journal on Gender and Justice
This article discusses, from a practice standpoint, the significance Davis v. Monroe County Board of Education will have for California schools and colleges. The article first discusses Ninth Circuit interpretations of peer harassment prior to Davis, then analyzes Davis from a practice standpoint, raising issues left open by the Davis decision. The article then discusses the interrelationship between Title IX and California law. Finally, the article addresses institutional and personal liability and immunity defense issues.
The Deterrent Effect Of Arrest In Domestic Violence: Differentiating Between Victim And Perpetrator Response, Johanna Niemi-Kiesilainen
The Deterrent Effect Of Arrest In Domestic Violence: Differentiating Between Victim And Perpetrator Response, Johanna Niemi-Kiesilainen
UC Law SF Journal on Gender and Justice
The effects of arrest in domestic violence have been debated since Professor Lawrence Sherman et al. published their widely cited empirical studies in the 1980s and early 1990s. These studies, however, focused on the perpetrator and did not consider the effects of arrest on the victim's willingness to report repeat violence to the police. In this article, Professor Niemi-Kiesiliinen argues that the effect of arresting the perpetrator on the behavior of the victim is a crucial factor in determining the overall effectiveness of arrest. It is likely that the arrest of the perpetrator deters violence, but it is equally possible …
A Cultural Rite Of Passage Or A Form Of Torture: Female Genital Mutilation From An International Law Perspective, Alexi Nicole Wood
A Cultural Rite Of Passage Or A Form Of Torture: Female Genital Mutilation From An International Law Perspective, Alexi Nicole Wood
UC Law SF Journal on Gender and Justice
Female genital mutilation (FGM) has been performed on approximately 135 million girls and women worldwide. It is estimated that two million girls and women undergo FGM each year approximately 6,000 a day. Often the procedure is performed clandestinely by local, unskilled practitioners in unsafe conditions. As many as fifteen to thirty percent of all girls and women who undergo FGM die as a result of bleeding or infection. In addition to short-term complications such as extreme pain, shock and hemorrhaging, FGM can cause severe long-term complications that can include sterility due to infection, complications during childbirth, as well as extreme …
United States Asylum Law In The Context Of Sexual Orientation And Gender Identity: Justice For The Transgendered, Fatima Mohyuddin
United States Asylum Law In The Context Of Sexual Orientation And Gender Identity: Justice For The Transgendered, Fatima Mohyuddin
UC Law SF Journal on Gender and Justice
This article examines the recognition given to sexual minorities through United States asylum law. This article begins with a general explanation of the evolution of asylum law and an overview of the different categories of persons eligible to apply for asylum, particularly persons facing persecution as a social group. Then the article discusses the traditional construction of gender and sexuality in lieu of persons who do not fit into the dimorphic, male/female, gender and sexual categories. These sexual minorities often face extreme hardship, government persecution and death in their home countries for stepping outside of culturally imposed sexual and gender …
Foreword, Heather Kirlin, Dominique Tauzin
Foreword, Heather Kirlin, Dominique Tauzin
UC Law SF Journal on Gender and Justice
No abstract provided.
School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake
School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake
UC Law SF Journal on Gender and Justice
In this article, Professor Brake discusses the Supreme Court's decision in Davis v. Monroe County Board of Education, which recognized student-on-student sexual harassment as a form of actionable discrimination under Title IX, as part of a larger tension in discrimination law between intent and causation as the guiding principle for defining unlawful discrimination. She argues that the liability standard adopted by the Davis Court properly focused on the question of whether schools cause sex-based harm, rather than inquiring into the bias or subjective intent of school officials. Although the deliberate indifference requirement the Court adopted sets a tougher liability standard …
Boys Will Be Boys: Peer Sexual Harassment In Schools And The Implications Of Davis V. Monroe County Board Of Education, Tianna Mcclure
Boys Will Be Boys: Peer Sexual Harassment In Schools And The Implications Of Davis V. Monroe County Board Of Education, Tianna Mcclure
UC Law SF Journal on Gender and Justice
The recent Supreme Court decision finding that the failure of schools to address and remedy peer sexual harassment in Davis v. Monroe County Board of Education, appears to be a victory for students and feminists alike. However, the Davis decision does not go far enough to insure the emotional and physical well-being of America's school children. While as a result of this decision schools must begin to recognize the true nature and severity of peer sexual harassment or face the possibility of monetary damages, Davis is, nevertheless, flawed. The Supreme Court operates under the assumption that actual knowledge is the …
Foreword, Heather Kirlin, Dominique Tauzin
Foreword, Heather Kirlin, Dominique Tauzin
UC Law SF Journal on Gender and Justice
No abstract provided.