Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 7 of 7
Full-Text Articles in Law
A Visit With Guanyin, Carol Collins
A Visit With Guanyin, Carol Collins
UC Law SF Journal on Gender and Justice
No abstract provided.
A Wander, Sebastian Milla
A Wander, Sebastian Milla
UC Law SF Journal on Gender and Justice
No abstract provided.
No Freedom In A Ship Of Fools: A Democratic Justification For The Common Core State Standards And Federal Involvement In K-12 Education, Neelam Takhar
No Freedom In A Ship Of Fools: A Democratic Justification For The Common Core State Standards And Federal Involvement In K-12 Education, Neelam Takhar
UC Law SF Journal on Gender and Justice
One of the most important functions of the government is the provision of a free public education. While Brown v. Board of Education removed one obvious barrier to equal education opportunities—that of racially segregated education—it left in place another: the obstacle faced by poor school districts that wish to provide an education to their students on equal terms with the education offered by wealthier school districts. The disparities in the quality of education between districts and states are becoming more and more obvious as a growing obstacle to equity. The new Common Core State Standards, which are a single set …
Combatting Gender Privilege And Recognizing A Woman’S Right To Privacy In Public Spaces: Arguments To Criminalize Catcalling And Creepshots, Marc Tran
UC Law SF Journal on Gender and Justice
This comment explores two permutations of entitlement to women’s attention and bodies in public: street harassment (“catcalling”) and upskirt and down-blouse photography (collectively, “creepshots”). Part I is devoted to discussing street harassment—its harms (on an individual and societal scale), legal solutions, and the limits of the law. Part II is devoted to creepshots—their harms, the evolution of the perpetrator, and legal solutions. Both catcalling and creepshots disproportionately impact women. As such, an acknowledgement of gender privilege is a necessary prerequisite to exploring the harms and possible remedies of street harassment and up-skirt photography. There have been various attempts by men …
Holistic Pregnancy: Rejecting The Theory Of The Adversarial Mother, Rona Kaufman Kitchen
Holistic Pregnancy: Rejecting The Theory Of The Adversarial Mother, Rona Kaufman Kitchen
UC Law SF Journal on Gender and Justice
In its zealous effort to protect the lives and health of unborn children, the law frequently views the expecting mother with suspicion. In its most extreme form, the law regards the potential mother as a potential murderess. This perspective does not reflect the nature of pregnancy, it undermines the autonomy of loving mothers, and it is detrimental to children. Regardless of whether there is any conflict between mother and fetus, the State presumes the mother to be a threat to her fetus and subjugates her rights as a result. The State interferes with the mother’s autonomy, bodily integrity, parental rights, …
Medicaid As Coverture, Thomas E. Simmons
Medicaid As Coverture, Thomas E. Simmons
UC Law SF Journal on Gender and Justice
Antiquated views of women’s property rights and the status conferred by a marital relationship deprived a woman of separate property rights, treated the spouses as one unit incapable of contracting with one another, and transferred liability for one spouse’s debts to the other. These archaic, even offensive laws were largely repealed in the mid-nineteenth century. Today, women expect to enjoy a legal existence that is not consumed by the status of marriage, and to exercise property rights largely free from interference or paternalism. An examination of Medicaid eligibility rules reveals the retention and even reinstatement of the legal fiction of …
Mitigating The Employer’S Exposure To Third Party Claims Of A Hostile Work Environment, John A. Pearce Ii, Ilya A. Lipin
Mitigating The Employer’S Exposure To Third Party Claims Of A Hostile Work Environment, John A. Pearce Ii, Ilya A. Lipin
UC Law SF Journal on Gender and Justice
We are only beginning to understand the impact of sexual harassment in the workplace on third parties. With few precedent cases, potential third party plaintiffs face the extremely difficult task of providing evidence of quid pro quo or hostile work environment sexual harassment when substantiating their claims as victims of widespread sexual favoritism, unreasonable interference in their workplace, or an intimidating, hostile, or offensive environment. However, as judicial decisions bring clarity to sexual harassment law, new theories provide promising options for potential plaintiffs, and courts increasingly recognize the viability of sexplus theory, the potential for third party sexual harassment claims …