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Full-Text Articles in Law
Foreign Wives, Domestic Violence: U.S. Law Stigmatizes And Fails To Protect Mail-Order Bridges, Olga Grosh
Foreign Wives, Domestic Violence: U.S. Law Stigmatizes And Fails To Protect Mail-Order Bridges, Olga Grosh
UC Law SF Journal on Gender and Justice
Despite the Violence Against Women Act (VAWA) that allows immigrant victims of battery and extreme cruelty to self-petition for changes to their immigration status, the protection that VAWA offers is severely hindered by conflict with immigration law. The assumption underlying immigration law that foreign bride marriages are fraudulent stigmatizes the immigrant wives or fiancees as women less deserving of independent relationship decisions. This reduces their autonomy and increases their vulnerability to domestic violence. This Note proposes that Congress could prevent tragic deaths by removing from battered immigrant brides the burden of overcoming the negative presumption that they entered into marriage …
Polarized Circuits: Party Affiliation Of Appointing Presidents, Ideology, And Circuit Court Voting In Race And Gender Civil Rights Cases, Christopher Smith
Polarized Circuits: Party Affiliation Of Appointing Presidents, Ideology, And Circuit Court Voting In Race And Gender Civil Rights Cases, Christopher Smith
UC Law SF Journal on Gender and Justice
The legitimacy of the American federal judiciary stems from its role as the non-political branch of government. Federal judges must decide cases independent of political leanings. However, Federal judges receive lifetime appointments from Presidents of different parties, and different political eras. This Article explores whether the ideology of the appointing president affects the decision making of judges within the United States Circuit Courts of Appeals. An analysis of the decisions by Republican- and Democrat-appointed judges in gender discrimination and race discrimination cases shows politics does creep into judicial decision making. Furthermore, this Article reveals the changing landscape of judicial ideology …
The Emperor's New Scanner: Muslim Women At The Intersection Of The First Amendment And Full-Body Scanners, Rohen Peterson
The Emperor's New Scanner: Muslim Women At The Intersection Of The First Amendment And Full-Body Scanners, Rohen Peterson
UC Law SF Journal on Gender and Justice
This Note focuses on the intersection of religious freedom and the need for public safety at airport security checkpoints. The main text of Islam, the Qur'an, instructs women to express their faith through modesty. This religiously prescribed practice gives rise to an important privacy interest for Muslim women, protected by the First Amendment's Free Exercise Clause. Faced with a growing public concern about airport security, the Transportation Security Administration has chosen to expand the use fullbody scanners at airport security checkpoints. The state has established a strong interest in the use of such devices in order to maintain public safety. …
Choosing Your Child's Race, Dov Fox
Choosing Your Child's Race, Dov Fox
UC Law SF Journal on Gender and Justice
Assisted reproduction has answered many couples' hopes of conceiving a child. In assisted reproduction, the appearance of racial salience matters, and adjusting the prominence of race in decision making frameworks can shape social meaning. There is a spectrum of salience-varying approaches that sperm banks could adopt to manage information about donor race, each of which sends a different message about the social meaning of donor catalog and website design. This Article considers four such approaches: race-indifferent, race-sensitive, race-attentive, and raceexclusive. Although civil rights scholarship reveals that race-based classification is not a necessary condition of wrongful discrimination, we should remain diligent …
Evil Women And Innocent Victims: The Effect Of Gender On California Sentences For Domestic Homicide, Ryan Elias Newby
Evil Women And Innocent Victims: The Effect Of Gender On California Sentences For Domestic Homicide, Ryan Elias Newby
UC Law SF Journal on Gender and Justice
A quantitative and qualitative examination of seventy-three domestic homicide cases in California suggests that, to the extent women and men commit domestic homicide in different ways and for different reasons, their outcomes at trial are different. Women were more likely to receive weapons enhancements because of their constrained options vis-a-vis weapon choice. However, women who are able to show prior aggression by their male partners may receive lesser sentences than their male and female counterparts even though they are still convicted of an unlawful killing, i.e., when they are unable to prove perfect self-defense. This Note argues that the extent …
Women's Eggs: Exceptional Endings, Justine Durrell
Women's Eggs: Exceptional Endings, Justine Durrell
UC Law SF Journal on Gender and Justice
Fertility businesses and stem cell researchers promise infertile women the miracle of having a child. There are, however, potential physical and psychological risks to the egg donors that have not yet been properly studied. The limited studies undertaken to date have not been able to determine whether the use of fertility drugs increases egg donors' risks of cancer. In fact, federal regulations and guidelines do not require a national registry to track an egg donor's health after donation. Despite that assisted reproduction has been changing how we conceive children for several decades, there are no longitudinal studies on donors' well-being. …
Dainty Hands: Perceptions Of Women And Crime In Sherlock Holmes Stories, Hadar Aviram
Dainty Hands: Perceptions Of Women And Crime In Sherlock Holmes Stories, Hadar Aviram
UC Law SF Journal on Gender and Justice
For the last 150 years, conventional wisdom among criminologists saw crime as a predominantly male phenomenon. Recent socio-historical research has challenged this premise, showing a decline in the presence of women in the process as criminal defendants. Cultural studies have attributed this decline to a shift in perception of female deviance, from autonomy and enterprise to passivity and predetermination. This Article follows this transition in the cultural image of women and crime through the lens of Arthur Conan Doyle's Sherlock Holmes stories. The women in the stories are not clearly distinguished by their role in the criminal enterprise (perpetrators, accomplices, …
The M Word: From Partial Coverture To Skills-Based Fiduciary Duties In Marriage, Jo Carrillo
The M Word: From Partial Coverture To Skills-Based Fiduciary Duties In Marriage, Jo Carrillo
UC Law SF Journal on Gender and Justice
Fiscal realities and duties play a larger role in defining the nature of marriage today than they did in the past. This Article sketches out the transition in California community property law from partial coverture-a system in which married women could own, but not manage or control, separate property in marriage-to skills-based fiduciary duties-an equal management system in which either spouse has the authority to manage and control marital property subject to statutorily enumerated fiduciary duties. Skills-based fiduciary duties create interspousal causes of action if breached; hence this Article offers prospective spouses a brief overview of the legal dimensions of …
Taking (Live)Stock Of Animal Welfare In Agriculture: Comparing Two Ballot Initiatives, Neil Thapar
Taking (Live)Stock Of Animal Welfare In Agriculture: Comparing Two Ballot Initiatives, Neil Thapar
UC Law SF Journal on Gender and Justice
Current federal regulation of livestock welfare is inadequate to address the increasing abuses inflicted upon animals in agriculture today. In order to fill this enforcement gap, citizens and organizations have turned to the state ballot initiative. In 2008, Californians passed Proposition 2, banning intensive confinement practices for livestock. Other states have passed similar measures. In a preemptive response to this growing movement for stricter livestock welfare standards, the agricultural lobby in Ohio passed Issue 2 in 2009, creating a constitutionally-mandated board with authority over livestock welfare. This Note analyzes each of these ballot initiatives in the context of promoting animal …
Mentoring For A Public Good, George Kawamoto
Mentoring For A Public Good, George Kawamoto
UC Law SF Journal on Gender and Justice
Even into the 1970s, Asian American attorneys faced significant discrimination and difficulty finding work in law firms. Because of these injustices and a desire to right them, social justice lawyering became a hallmark of that generation of Asian American lawyers. Litigating civil rights violations in cases such as Korematsu v. United States allowed senior Asian American attorneys to mentor a younger generation of lawyers. Although more minority attorneys now are offered work in firms and the appearance of racism has diminished, social justice mentoring remains vital to today's Asian American legal community. Teaming minority law students and young attorneys with …
Who Cares About The Rights Of Indigenous Children - Infanticide In Brazilian Indian Tribes, Aquila Mazzinghy Alvarenga
Who Cares About The Rights Of Indigenous Children - Infanticide In Brazilian Indian Tribes, Aquila Mazzinghy Alvarenga
UC Law SF Journal on Gender and Justice
In some parts of this world, children are abandoned or even buried alive when their tribes-their own families-consider them dangerous to the well-being of the group. Scholars and advocates have largely framed the discourse on infanticide in indigenous tribes as a conflict between the rights of indigenous peoples to preserve and practice their cultures, and internationally-recognized individual rights that forbid infanticide. This Article examines infanticide in indigenous tribes in Brazil and argues that cultural diversity cannot be invoked to justify indigenous infanticide because life is the sine qua non condition for the existence of culture. Rather, the right to life …
Kicking The Ina Out Of Bed: Abolishing The Consummation Requirement For Proxy Marriages, Karthryn Rae Edwards
Kicking The Ina Out Of Bed: Abolishing The Consummation Requirement For Proxy Marriages, Karthryn Rae Edwards
UC Law SF Journal on Gender and Justice
The Immigration and Nationality Act's requirement that proxy marriages be consummated in order to be valid is intrusive, inflexible, and outdated. The case of Hotaru Ferschke illustrates how the consummation requirement creates inequitable results. One month after she married United States Marine Sergeant Ferschke in a proxy wedding ceremony, United States Citizenship and Immigration Services summarily denied her application for legal permanent residency because she did not consummate her proxy marriage, even though she was pregnant when she got married. This Note argues the government has no reasonable interest in dictating whether and when a couple becomes intimate. The consummation …
Dying For The Bonds Of Marriage: Forced Marriages As A Weapon Of Genocide, Carmel O'Sullivan
Dying For The Bonds Of Marriage: Forced Marriages As A Weapon Of Genocide, Carmel O'Sullivan
UC Law SF Journal on Gender and Justice
For centuries, women have been "spoils of war." In some corners of the world, forced marriage remains a method of extermination, and rape and sexual violence against women are still the inevitable consequences of armed conflict. Amidst significant recent advances in protecting women during war, forced marriages have been recognized as a crime against humanity. However, this recognition is limited and does not address the gravity of forced marriages. This Article seeks to draw attention to the practice of forced marriages as an instrument of genocide and, thus, a "heinous reality that calls for a historic response." As the landmark …
Women, Decision Making And Sustainability: Exploring The Experience Of The Badi Foundation In Rural China, Lori Noguchi, Shahla Ali
Women, Decision Making And Sustainability: Exploring The Experience Of The Badi Foundation In Rural China, Lori Noguchi, Shahla Ali
UC Law SF Journal on Gender and Justice
This Report follows the experience of the Badi Foundation, a nonprofit organization operating in rural China, in its efforts to release women's potential to effect change in their communities. Numerous international conferences and treaties have recognized that female decision making is essential to achieve global environmental change and sustainable development. Recent scholarship recognizes that women are oftoverlooked sources for knowledge, skills, and leadership. Project-based efforts to empower and encourage women to participate in problem solving and other decision making in their communities have produced positive results. Through the Badi Foundation's Environmental Action Program (EAP), rural women gain the skills they …