Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2006

Law and Gender

Journal

UC Law SF Journal on Gender and Justice

Articles 1 - 5 of 5

Full-Text Articles in Law

Being Gay In Lubbock: The Equal Access Act In Caudillo, Sarah Orman Jan 2006

Being Gay In Lubbock: The Equal Access Act In Caudillo, Sarah Orman

UC Law SF Journal on Gender and Justice

The Equal Access Act which prohibits high schools from discriminating among extracurricular clubs on the basis of viewpoint, was originally intended to protect the rights of high school students to hold prayer groups and other religious-oriented meetings on campus. In an unintended (but not unexpected) twist, the Act has expanded from protecting religious expression to ensuring equal access for groups of gay and lesbian students. This Note examines the history and purpose of the Equal Access Act, focusing on a recent case in which a federal district court upheld the decision of Lubbock High School to deny access to members …


Getting Away With Murder: Guatemala's Failure To Protect Women And Rodi Alvarado's Quest For Saftey, Angelica Chazaro, Jennifer Casey Jan 2006

Getting Away With Murder: Guatemala's Failure To Protect Women And Rodi Alvarado's Quest For Saftey, Angelica Chazaro, Jennifer Casey

UC Law SF Journal on Gender and Justice

A decade after the 1996 Peace Accords that marked the end of the 36-year internal armed conflict, Guatemala fails to provide basic protection of women's human rights. The plight of asylumseeker Rodi Alvarado and the spiked increase in the murders of Guatemalan women ("femicides") highlight the scope of Guatemala's lack of protection for women. After suffering ten years of brutal domestic violence, with the authorities ignoring her pleas for protection, Rodi fled Guatemala, seeking asylum in the United States. She is not alone in her suffering. Since 2001, over 1,500 women have been murdered in Guatemala, with the perpetrators enjoying …


Honor Thy Mother: The Supreme Court's Jurisprudence Of Motherhood, Laura Oren Jan 2006

Honor Thy Mother: The Supreme Court's Jurisprudence Of Motherhood, Laura Oren

UC Law SF Journal on Gender and Justice

The United States Supreme Court's views about motherhood must be teased out from holdings it fails to connect into a coherent whole. The Justices have considered issues relating to women's physical and social reproductive roles in four major areas: comparative family relationships (unwed mothers versus unwed fathers), dependent mothers, mothers in the workplace, and the right to choose or refuse to become a mother. Despite some positive developments and much lip service, the Court's jurisprudence of motherhood fails to follow one of the fundamental precepts of our culture - "Honor Thy Mother."


Sex-Based Discrimination In The American Workforce: Title Vii And The Prohibition Against Gender Stereotyping, Serafina Raskin Jan 2006

Sex-Based Discrimination In The American Workforce: Title Vii And The Prohibition Against Gender Stereotyping, Serafina Raskin

UC Law SF Journal on Gender and Justice

Employers across the nation are imposing sex "appropriate" dress codes in the workplace and courts across the country are deferring to employers' preferences under the guise of managerial discretion. In focusing on a feminist critique of the developing case law surrounding workplace appearance rules, this Note highlights how the existing conceptions of American sex-discrimination law fail to meet the changing forms of sexual discrimination in the workplace. The Note also addresses the way in which localities have attempted to legislate in the area of appearance and dress and asks whether such legislation will be able to force employers to change …


Coercion In California: Eugenics Reconstituted In Welfare Reform, The Contracting Of Reproductive Capcity, And Terms Of Probation, Janet Simmonds Jan 2006

Coercion In California: Eugenics Reconstituted In Welfare Reform, The Contracting Of Reproductive Capcity, And Terms Of Probation, Janet Simmonds

UC Law SF Journal on Gender and Justice

In an era where courts are expanding the scope of a constitutionally protected right to privacy, it is hard to imagine that the exercise of that right is being legally perverted to promote eugenic ideals. This, however, is precisely what has been happening in the state of California. This Note explores how modern day policies and practices, such as the family cap component of welfare policy, the sale of the reproductive capacity of drug addicts, and prohibitions on procreation as a term of probation, are used to coerce women with regard to their reproductive decisions