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Full-Text Articles in Law
Street Harassment: The Need For Criminal Remedies, Sonja Arndt
Street Harassment: The Need For Criminal Remedies, Sonja Arndt
UC Law SF Journal on Gender and Justice
This article shines light on the lack of street harassment laws in the United States, while outlining why there is an immediate need for these types of laws. The author seeks to develop a working legal definition of street harassment, while subcategorizing street harassment into three separate categories: catcalling, verbal sexual harassment, and verbal sexual assault. Lastly, the author puts forth a legal proposal which would criminalize verbal sexual harassment and verbal sexual assault.
I Don’T Understand, Ryan Khojasteh
I Don’T Understand, Ryan Khojasteh
UC Law SF Journal on Gender and Justice
A poem expressing confusion and frustration at the lack of action taken by legislators to ensure women’s rights and an end to gun violence.
Romance Or Sexual Assault? Ambiguity Of Sexual Consent In The Media And How Yes Means Yes Legislation Can Help, Courtney Anne Groszhans
Romance Or Sexual Assault? Ambiguity Of Sexual Consent In The Media And How Yes Means Yes Legislation Can Help, Courtney Anne Groszhans
UC Law SF Journal on Gender and Justice
Before the reckoning of Me Too and the Time's Up Movement, legislation was being passed trying to prevent the numbers of sexual assault on college campuses with the Yes Means Yes legislation. Yes Means Yes Legislation often received the critique that people would have to sign a contract before engaging in sexual activity. However, upon reflection, a part of why Yes Means Yes sounds so severe is the American public is bombarded with an idea of romance in Hollywood movies that are arguably non-consensual and could be viewed as illegal depending on the targeted audience. Below these messages are further …
Thank You Harvey Weinstein, Rochelle Dornatt
Thank You Harvey Weinstein, Rochelle Dornatt
UC Law SF Journal on Gender and Justice
After spending 35 years working on the Hill for Congress, Ms. Dornatt reflects upon the sexual harassment she witnessed firsthand, while examining the strides women have taken to put an end to workplace sexual harassment. Witnessing a significant turn of events after the Harvey Weinstein event in October 2017, Ms. Dornatt breathes hope into ending workplace sexual harassment, and calls upon men to join women in ensuring it stops.
Intersectional Resistance: A Case Study On Crimmigration And Lessons For Organizing In The Trump Era, Robin Pomerenke
Intersectional Resistance: A Case Study On Crimmigration And Lessons For Organizing In The Trump Era, Robin Pomerenke
UC Law SF Journal on Gender and Justice
Increasingly, the federal government has sought to utilize local law enforcement’s proximity to and intimacy with local communities to detain and deport immigrants. The resultant growth of crimmigration—the simultaneous enforcement of immigration law and criminal law—has sparked a large-scale social movement in California over the last ten years. This movement has built connections and solidarities among actors across communities and issue areas, including the faith community, the legal community, [etc.]. Using the response to crimmigration as a case study, this Note examines the potentials for intersectional resistance. What role has an awareness of intersectionality played in the fight against crimmigration? …
Foreword, Sonja Arndt
Employment Status Of Uber And Lyft Drivers: Unsettlingly Settled, Jillian Kaltner
Employment Status Of Uber And Lyft Drivers: Unsettlingly Settled, Jillian Kaltner
UC Law SF Journal on Gender and Justice
Uber and Lyft drivers are part of a vast pool of workers in the new economy who exist in the legal grey area between independent contractors and employees. Because these workers are currently classified as independent contractors, they are without the protections and benefits that are guaranteed to employees by law. This note delineates the work risks facing Uber and Lyft drivers and various approaches scholars have used to attempt to address their employment status. It analyzes the driver’s employment status using the widely accepted Economic Realities test, and discusses the roadblocks these workers will likely face on the road …
Participating Equally: Using Tax Policy To Improve Female Workforce And Management Participation In The 21st Century, Katherine E. Smalley
Participating Equally: Using Tax Policy To Improve Female Workforce And Management Participation In The 21st Century, Katherine E. Smalley
UC Law SF Journal on Gender and Justice
Examining the question as to why there are so few women in the upper ranks of corporate America, this article proposes the use of the Tax Code as a powerful tool that can be used to promote social objectives. This article seeks to demonstrate ways in which the Tax Code previously has influenced behavior, and to provide a possible way to use the Tax Code that would positively impact top female workforce representation.
No Justice For Guatemalan Women: An Update 20 Years After Guatemala’S First Violence Against Women Law, Héctor Ruiz
No Justice For Guatemalan Women: An Update 20 Years After Guatemala’S First Violence Against Women Law, Héctor Ruiz
UC Law SF Journal on Gender and Justice
This article is a report update examining the development and implementation of violence against women laws in Guatemala. In 2015, the Center for Gender and Refugee Studies, accompanied by U.C. Hastings, College of the Law professors and students, including the author, went to Guatemala and met with various agencies who work to combat violence against women. This report summarizes the study’s findings, in addition to offering recommendations to the Guatemalan and United States governments on how to protect women and children in Guatemala from gender-based violence.
The First Pride Was A Riot: How Queer Activism Has Partnered With Police To Hurt The Community’S Most Vulnerable, Delaney Nevius
The First Pride Was A Riot: How Queer Activism Has Partnered With Police To Hurt The Community’S Most Vulnerable, Delaney Nevius
UC Law SF Journal on Gender and Justice
Summarizing the history and development of queer rights activism in San Francisco, this article reflects upon the legal goals of the queer community in San Francisco from 1960 to the present, observing a movement away from law enforcement resistance and towards collaboration and placing the community’s most vulnerable, queer people of color, at risk. The author outlines and problematizes three potential legal goals for the queer community moving forward: a constitutional claim of police misconduct, hate crime legislation, and police reform tactics.
“The World Is Changing Fast, And Women Will Be On Top”, Hastings Women’S Law Journal
“The World Is Changing Fast, And Women Will Be On Top”, Hastings Women’S Law Journal
UC Law SF Journal on Gender and Justice
Rep. Sam Farr represented the Central Coast of California in the U.S. House of Representatives for 23 years. During his time in Congress, he was given the unique opportunity to visit foreign countries and captured photos along the way. Rep. Farr shares three photos of women abroad, while also providing a short interview with Hastings Women’s Law Journal.
The Legal Implications Under Federal Law When States Enact Biology-Based Transgender Bathroom Laws For Students And Employees, Marka B. Fleming, Gwendolyn Mcfadden-Wade
The Legal Implications Under Federal Law When States Enact Biology-Based Transgender Bathroom Laws For Students And Employees, Marka B. Fleming, Gwendolyn Mcfadden-Wade
UC Law SF Journal on Gender and Justice
Recently, numerous states have considered enacting transgender bathroom laws based on the individual’s biological sex. In some cases, when these biology-based laws have been enacted, the results have been lawsuits filed by students and employees claiming violations of Title IX and Title VII. Actually, the legal rights of transgender students and employees when using public restrooms or facilities has become a hot topic of debate in recent times. In addressing this hotly debated topic, this article focuses on the transgender bathroom issue at the state level and provides insight into the attempts by states to turn policy into law. First, …
Analyzing The Disappearance Of Women’S Surnames And The Retrenchment Of Their Political-Legal Status In Early Modern England, Deborah Anthony
Analyzing The Disappearance Of Women’S Surnames And The Retrenchment Of Their Political-Legal Status In Early Modern England, Deborah Anthony
UC Law SF Journal on Gender and Justice
Multiple economic and political developments appear to have jointly contributed to the constriction of women’s surnames throughout history, including feudalism, the English common law, capitalism, colonialism and imperialism, and the development of the nation-state and its attendant concept of citizenship. While history generally moves in a positive direction, principles of coverture and female legal impotence appear to have in some ways become increasingly restrictive, with women’s surnames as one indication of that. Viewing the use of women’s surnames in terms of their effects on women, reveals the ways in which surname usage wrought a new formal exclusiveness and subordination of …
Foreword, Sonja Arndt
Shackling Women During Labor: A Closer Look At The Inhume Practice Still Occurring In Our Prisons, Amanda Glenn
Shackling Women During Labor: A Closer Look At The Inhume Practice Still Occurring In Our Prisons, Amanda Glenn
UC Law SF Journal on Gender and Justice
Despite legislation and policy to prevent such things from happening, incarcerated pregnant women are still being shackled and restrained when they give birth in prison. Shackling women during childbirth creates risks for both mother and child, and is completely unnecessary to ensure the safety of prison or heath personnel. This note reviews the rules and policies in place on both the federal and state level and highlights several personal stories of women who have been restrained, even when rules prohibiting the use of shackles are on the books. This note also emphasizes the gaps in the law and suggests the …
Courts Rule Too Narrowly Regarding The Right To Wear Religious Clothing In Public, Kendyl L. Green
Courts Rule Too Narrowly Regarding The Right To Wear Religious Clothing In Public, Kendyl L. Green
UC Law SF Journal on Gender and Justice
For numerous years, state and institutional rules have barred individuals from wearing religious clothing. Specifically, this issue has arisen in the military, the workplace, police departments, prisons, and public schools. Wearing religious clothing, particularly head coverings, is a vital aspect of Judaism, Islam, and Sikhism. The United States Constitution upholds the right to religious liberty in the First and Fourteenth Amendments. Additionally, the Religious Freedom and Restoration Act of 1993 (RFRA), Title VII of the Civil Rights Act of 1964, and the Religious Land Use and Institutionalized Persons Act (RLUIPA) statutes also protect religious freedom. Below, cases are examined that …