Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication Year
- Publication Type
Articles 121 - 150 of 247
Full-Text Articles in Law and Gender
Reconstructive Feminism: Changing The Way We Talk About Gender And Work Thirty Years After The Pda, Joan C. Williams
Reconstructive Feminism: Changing The Way We Talk About Gender And Work Thirty Years After The Pda, Joan C. Williams
Faculty Scholarship
No abstract provided.
Foreword, Amanda Kennedy
Foreword, Amanda Kennedy
UC Law SF Journal on Gender and Justice
No abstract provided.
The Evolution Of Women's Rights In Inheritance, Kristine S. Knaplund
The Evolution Of Women's Rights In Inheritance, Kristine S. Knaplund
UC Law SF Journal on Gender and Justice
The Evolution of Women's Rights in Inheritance explores the period shortly after the passage of the Married Women's Property Acts, when women had increasing economic power and, in many jurisdictions, the right to execute wills without their husbands' consent. Through original research and comparisons with earlier and later studies, the author discovered ways in which women differed significantly from men. In addition, the author found an astonishing amount of litigation, including will contests, objections to accounts, and actions to quiet title in over twenty percent of the wills. This study fills in gaps in the legal literature in women's history …
The Future Of Women In The Legal Profession: Recognizing The Challenges Ahead By Reviewing Current Trends, Maria Pabon Lopez
The Future Of Women In The Legal Profession: Recognizing The Challenges Ahead By Reviewing Current Trends, Maria Pabon Lopez
UC Law SF Journal on Gender and Justice
In 2004, the Indiana Supreme Court Race and Gender Commission undertook a large survey of lawyers' perceptions about women in the legal profession in order to assess which areas of gender bias have improved and which areas could stand improvement. This Article takes the data from this survey and interprets its significance for women in the profession and for the justice system overall. The Article compares the findings from the 2004 study of Indiana lawyers to the findings of a similar earlier Indiana study (conducted in 1990), and draws conclusions regarding the overall occurrence of gender bias in Indiana along …
Three's Company - How American Law Can Recognize A Third Social Parent In Same-Sex Headed Families, Laura Nicole Althouse
Three's Company - How American Law Can Recognize A Third Social Parent In Same-Sex Headed Families, Laura Nicole Althouse
UC Law SF Journal on Gender and Justice
In light of recent American and Canadian case law granting legal parenting rights to three parents in same-sex headed families, this Article explores how the Uniform Parentage Act can be modified to accommodate multiple parenthood within this population subset. The author draws from Professor Nancy Dowd's scholarship on unbundling social and economic parenting rights to support social fatherhood. The author also analyzes existing methods by which same-sex couples may obtain parenting rights under American law and recent California precedents applying the Uniform Parentage Act to recognize two legal mothers. The Article proposes that Nancy Dowd's revisions to the Act, coupled …
One The Steps Of The Mosque: The Legal Rights Of Non-Marital Children In Egypt, Laura M. Thomason
One The Steps Of The Mosque: The Legal Rights Of Non-Marital Children In Egypt, Laura M. Thomason
UC Law SF Journal on Gender and Justice
This Note seeks to address the legal implications of being a non-marital child in Egypt and to parse out the legal discrimination from the social. It further explores Islam's influence on Egyptian law and whether the basic precepts of Islam are in part responsible for the legal treatment of nonmarital children in Egypt. Lastly, possible changes to the laws in Egypt are considered arising out of Egypt's ratification of the Convention on the Rights of the Child, the implementation of this convention, and how it may influence the rights of non-marital children.
The Hpv Vaccination: Necessary Of Evil, Pauline Self
The Hpv Vaccination: Necessary Of Evil, Pauline Self
UC Law SF Journal on Gender and Justice
This Note discusses the recent Human Papillomavirus (HPV) vaccination, whether the vaccine should be mandated for minors and the vaccine's legal, and medical implications. Presently, there exists a unique opportunity to significantly reduce the rate of HPV-associated cervical cancer through anti-viral vaccination strategies using the HPV vaccine. Despite the apparent public health benefits of the HPV vaccine, the desire of some lawmakers to mandate the vaccine for schoolgirls has placed it at the center of political, medical, and moral jousting throughout the country. The multiple state and federal proposals as well as a state bill signed into law making the …
Posthumour Children, Hegemonic Human Rights, And The Dilemma Of Reform - Conservations Across Cultres, Uche Ewerlukwa
Posthumour Children, Hegemonic Human Rights, And The Dilemma Of Reform - Conservations Across Cultres, Uche Ewerlukwa
UC Law SF Journal on Gender and Justice
This Article compares the unequal treatment of posthumous procreation in Africa and in the Western world within the contexts of jurisprudence and human rights discourse. Though customary law recognizes the legality of posthumous procreation in many parts of Africa, courts and international human rights advocates have condemned the practice as repugnant to public policy, public morality, and public health. The fact that comparable processes in the West have been ignored or even promoted suggests a double standard in human rights discourse, perhaps even an attempt to delegitimize non-Western customs while imposing Western values on non-Western societies. The Article urges cross-cultural …
Because We Say So: The Unfortunate Denial Of Rights To Transgender Minors Regarding Transitions, Amanda Kennedy
Because We Say So: The Unfortunate Denial Of Rights To Transgender Minors Regarding Transitions, Amanda Kennedy
UC Law SF Journal on Gender and Justice
This Note explores the barriers that transgender youth face when attempting to explore transition through counseling or medical treatment. The Note first addresses barriers facing the transgender community generally, including cost of transition, social hurdles, and psychological factors. The Note then addresses the legal ramifications of three different situations: (1) when parents agree with their child's choice to explore transition; (2) when parents disagree with each other about their child's choice; and (3) when both parents oppose their child's transition. Finally, the Note addresses Constitutional and policy arguments in support of transgender youth.
Challenging Changing Legal Definitions Of Family In Same-Sex Domestic Violence, Shannon Little
Challenging Changing Legal Definitions Of Family In Same-Sex Domestic Violence, Shannon Little
UC Law SF Journal on Gender and Justice
Many state legislatures have amended domestic violence laws to cover non-marital relationships, at the same time removing references to gender so that same-sex relationships may receive protection. The de-gendered domestic violence law is not a perfect solution. Abuse in a same-sex relationship may involve different forms of physical and non-physical violence that traditional laws do not recognize. Gender-neutral laws also do nothing to address or remedy bias within the courts. Finally, some gender-neutral laws face challenges for violating state laws or constitutional amendments restricting marriage benefits to heterosexual relationships. This Note surveys the landscape of same-sex domestic violence protections, provides …
Economic, Social, And Cultural Rights And The Right To Education In American Jurisprudence: Barriers And Approaches To Implementation, Emily H. Wood
Economic, Social, And Cultural Rights And The Right To Education In American Jurisprudence: Barriers And Approaches To Implementation, Emily H. Wood
UC Law SF Journal on Gender and Justice
This Note discusses the development and recognition of the U.N. Covenant on Economic, Social, and Cultural Rights both in the context of international human rights and U.S. jurisprudence. The Note explores a number of the obstacles that have previously prevented economic, social, and cultural rights from being recognized in the U.S., and poses possible methods to overcome these hurdles. These approaches include explorations of recognizing international legal standards in U.S. courts and recognizing such rights as either an inherent component of political and civil rights or a fundamental right. The Note concludes with an assessment of the enforcement and implementation …
Foreword, Emily Wood
Forward, Rebecca Green, Lauren Whittemore
Forward, Rebecca Green, Lauren Whittemore
UC Law SF Journal on Gender and Justice
No abstract provided.
Trans-Phobia And The Relational Production Of Gender, Elaine Craig
Trans-Phobia And The Relational Production Of Gender, Elaine Craig
UC Law SF Journal on Gender and Justice
This Article posits that gender identity is in large measure produced relationally and that due to the interpretive, relational nature of gender production many experience gender transgression in others as disruptive to their own sense of identity. It suggests that this results in much of the legal discrimination and oppression faced by individuals whose gender presentation does not conform with dominant gender norms. It further suggests that the disruption in the face of gender transgression is produced by the binary model itself and proposes legal strategies that will assist in a non-binary re-conceptualization of gender.
Sex, Trust, And Corporate Boards, Joan Macleod Heminway
Sex, Trust, And Corporate Boards, Joan Macleod Heminway
UC Law SF Journal on Gender and Justice
This Article collects and interprets social science research on sex and trust to shed new light on the emerging case for gender diversity on corporate boards. Specifically, the Article describes social science research findings indicating (1) that men and women trust and are trustworthy on different bases; and (2) that there is a bias against women in chief executive officer (and potentially other corporate leadership) positions. Based on this research, the nature of corporate management and control, and current legal scholarship on corporate governance, the Article asserts that gender diversity on corporate boards may be desirable but difficult to attain. …
Ten Years Of Resistance To Coercive Population Control: Section 601 Of The Iirira Of 1996 To Section 101 Of The Real Id Act Of 2005, Jamie Jordan
UC Law SF Journal on Gender and Justice
As a result of China's enactment of the one-child policy in the 1970s, the United States was confronted with a new type of asylum applicant: Chinese citizens who were seeking asylum based on a coercive population control scheme. This Note reviews the United States' attempts to cope with this influx of Chinese asylum applicants. The first section describes the one-child policy and the coercive methods with which it was implemented. Section two outlines how the United States has attempted to offer some protection under its asylum laws to those who have fled China to avoid the one-child policy . Finally, …
Protecting Victims Of Gendered Persecution: Fear Of Floodgates Or Call To (Principled) Action?, Karen Musalo
Protecting Victims Of Gendered Persecution: Fear Of Floodgates Or Call To (Principled) Action?, Karen Musalo
Faculty Scholarship
No abstract provided.
Who Was That Mother's Son, Alan Laird
Who Was That Mother's Son, Alan Laird
UC Law SF Journal on Gender and Justice
No abstract provided.
I Had A Dream, J. K. D.
Improperly Performed Abortion As Fetal Homicide: An Uneasy Coexistence Becomes More Difficult, Laura E. Back
Improperly Performed Abortion As Fetal Homicide: An Uneasy Coexistence Becomes More Difficult, Laura E. Back
UC Law SF Journal on Gender and Justice
Is the difference between abortion and fetal homicide the pregnant woman's choice-or the provider's medical license? Reports of a recent Texas case suggest that ever-proliferating fetal homicide laws may be applied to charge non-medical abortion providers with murder. Although the state has legitimate interests in protecting women's health through prohibition of dangerous non-medical abortions, it defies justice to enforce such prohibitions by charging violators with murder of the aborted fetus. This Note explores how constitutional limitations on permissible state interests in regulating abortion provide a basis for Eighth Amendment proportionality and due process challenges to this misuse of fetal homicide …
Big Love: Is Feminist Polygamy An Oxymoron Or A True Possibility, Michele Alexandre
Big Love: Is Feminist Polygamy An Oxymoron Or A True Possibility, Michele Alexandre
UC Law SF Journal on Gender and Justice
For the past few decades, Islamic reformists have attempted to reverse patriarchal set-ups in Islamic practices. In light of these efforts, the time is ripe to consider what role women's agency will play in the implementation of such reforms. The way we account for agency in advocating for women's rights is an issue with which feminist legal scholars struggle. It has been explored particularly when analyzing women's rights in the area of pornography and prostitution. As the reform movements in Islamic law become concrete, similar explorations will have to take place. Agencydriven explorations in the area of Islamic law will …
Forward, Lauren Whittemore, Rebecca Green
Forward, Lauren Whittemore, Rebecca Green
UC Law SF Journal on Gender and Justice
No abstract provided.
Guatemala's Femicides And The Ongoing Struggle For Women's Human Rights: Update To Cgrs's 2005 Report Getting Away With Murder, Katharine Ruhl
Guatemala's Femicides And The Ongoing Struggle For Women's Human Rights: Update To Cgrs's 2005 Report Getting Away With Murder, Katharine Ruhl
UC Law SF Journal on Gender and Justice
This Article is an update to the report entitled Getting Away With Murder: Guatemala's Failure to Protect Women and Rodi Alvarado's Quest for Safety, published by the Center for Gender & Refugee Studies (CGRS) in November 2005, and by the Hastings Women's Law Journal in its Summer 2006 issue. That report explored the root causes of why Guatemalan women are forced to seek asylum in order to escape violence in their home country, and offered recommendations to the Guatemalan government. In this Article, the author argues that the Guatemalan government has made only limited progress in addressing the problem of …
Eviction, Discrimination, And Domestic Violence: Unfair Housing Practices Against Domestic Violence Survivors, Kristen M. Ross
Eviction, Discrimination, And Domestic Violence: Unfair Housing Practices Against Domestic Violence Survivors, Kristen M. Ross
UC Law SF Journal on Gender and Justice
Domestic violence survivors are victimized a second time when they are refused available housing or evicted from their homes because of the domestic violence committed against them. Although allowing a domestic violence survivor to remain on the property may, in certain rare incidents, pose a threat to other tenants, evicting the survivor is an extreme measure, and is unjust. This Note discusses the potential liabilities that may arise against landlords who rent to domestic violence survivors and show why such liabilities do not warrant discrimination. This Note further examines the inadequacy of state and federal laws in protecting domestic violence …
A Literate Dyslexic, M. L. Fraser
A Literate Dyslexic, M. L. Fraser
UC Law SF Journal on Gender and Justice
No abstract provided.
Marital Rape: A Unique Blend Of Domestic Violence And Non-Marital Rape Issues, Morgan Lee Woolley
Marital Rape: A Unique Blend Of Domestic Violence And Non-Marital Rape Issues, Morgan Lee Woolley
UC Law SF Journal on Gender and Justice
Marital rape is frequently treated within the frameworks of domestic violence and non-marital rape. However, social attitudes and legislation regarding domestic violence are often caught in a tension between family privacy and victim/survivor protection, whereas non-marital rape is often lodged between problems of consent and evidentiary proof. Thus, subsuming marital rape under either paradigm, to assess marital rape as we would treat domestic violence or non-marital rape, fails to account for the unique circumstances and consequences of rape that is perpetrated by one's own spouse. This Note addresses those unique circumstances and takes a look at current marital rape legislation …
Battered Women, Homicide Convictions, And Sentencing: The Case For Clemency, Carol Jacobsen, Kammy Mizga, Lynn O'Orio
Battered Women, Homicide Convictions, And Sentencing: The Case For Clemency, Carol Jacobsen, Kammy Mizga, Lynn O'Orio
UC Law SF Journal on Gender and Justice
For battered women who are forced to kill their attackers, unequal treatment by the law and gendered modes of punishment often lead to unfair convictions and sentences. In a study conducted by the Michigan Battered Women's Clemency Project, startling levels of discrimination in the courts against women who were victims of domestic violence were revealed. In this study, victims of domestic violence had higher conviction rates and longer sentences than all other defendants charged with homicide. The criminal and legal systems have failed to protect battered women from being killed or being forced to kill. Clemency remains the only hope …
Emerson Family Values: Claims To Duration And Renewal In American Narratives Of Divorce, Love And Marriage, Mae Kuykendall
Emerson Family Values: Claims To Duration And Renewal In American Narratives Of Divorce, Love And Marriage, Mae Kuykendall
UC Law SF Journal on Gender and Justice
Themes in American family life contain contradictions between a public narrative of duration and a private narrative of renewal. This seeming conflict in values, in combination with a high divorce rate, might be thought to indicate that the marital vows are a culturally hollow ceremony. In fact, Americans' disposition in matters of family seemingly to waver between vows of duration and belief in renewal can be accounted for as well as given moral weight by the thinking and influence of Ralph Waldo Emerson. Dismissed at times as an idealist, a proponent of unthinking American individualism, and an irresponsible wordsmith, Emerson …
Coercion In California: Eugenics Reconstituted In Welfare Reform, The Contracting Of Reproductive Capcity, And Terms Of Probation, Janet Simmonds
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
Sex-Based Discrimination In The American Workforce: Title Vii And The Prohibition Against Gender Stereotyping, Serafina Raskin
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 …