Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication Year
- Publication Type
Articles 31 - 60 of 247
Full-Text Articles in Law and Gender
Sexual Hostility A Mile High, Michelle L.D. Hanlon
Sexual Hostility A Mile High, Michelle L.D. Hanlon
UC Law SF Journal on Gender and Justice
Flight attendants have spent the past few decades eradicating the “pinup” girl persona that is often associated with their profession. This sexualized image has created a dangerous and harassing workplace environment for female flight attendants. This article addresses how the flight cabin is uniquely hostile workplace and how the International Civil Aviation Organization needs to take action to combat the gender discrimination and sexual harassment too common in this industry.
Foreword, Amy Depuy, Tyra Singleton
Foreword, Amy Depuy, Tyra Singleton
UC Law SF Journal on Gender and Justice
No abstract provided.
Rising Out Of Legal Blind Spots: Hwlj 2016-2017 Symposium, Jackie Gross
Rising Out Of Legal Blind Spots: Hwlj 2016-2017 Symposium, Jackie Gross
UC Law SF Journal on Gender and Justice
HWLJ hosts an annual Symposium every spring to bring together the greatest legal minds to discuss new, important, and complex legal issues. This year, HWLJ sought to inspire action through three panels that discussed the rapidly changing laws and policies affecting some of the most vulnerable communities.
Sex Panic And Videotape, Stephan Ferris
Sex Panic And Videotape, Stephan Ferris
UC Law SF Journal on Gender and Justice
In the November 2016 election, Californians voted on Proposition 60— a measure unfairly targeting the LGBT community’s production of pornography by mandating condoms in all adult entertainment production. This article examines the defeat of this proposed legislation and argues that similar legislation and policies are assimilationist practices that attack sexual autonomy and expression. This note will examine the scientific history and advancements of the HIV virus and how the AIDS Healthcare Foundation’s role in advancing a condom-only agenda, is out of touch with the scientific community.
Where’S My Dad? A Feminist Approach To Incentivized Paternity Leave, Jennifer E. Karr
Where’S My Dad? A Feminist Approach To Incentivized Paternity Leave, Jennifer E. Karr
UC Law SF Journal on Gender and Justice
This article examines paid paternal leave from a feminist perspective. First, this article aims to trace the history of gender roles in America and how the Family Medical Leave Act (FMLA) was enacted to allow women to maintain roles in both the public and private sphere. Second, this article explores how gender roles began to shift and more fathers sought FMLA leave to care for their children. This gender shift caused numerous shortcomings in law and public policy. This article will examine these shortcomings, compare various international paternal leave packages to each other, look to what deficiencies currently exist, and …
Foreword, Amy Depuy, Tyra Singleton
Foreword, Amy Depuy, Tyra Singleton
UC Law SF Journal on Gender and Justice
No abstract provided.
Nudging The Criminal Justice System Into Listening To Crime Victims In Plea Agreements, Dana Pugach, Michal Tamir
Nudging The Criminal Justice System Into Listening To Crime Victims In Plea Agreements, Dana Pugach, Michal Tamir
UC Law SF Journal on Gender and Justice
The Crime Victim’s Rights Act has given victims “the right to participate in the system.” However, crime victims remain marginalized as their involvement in plea agreements is yet under enforced. This article reveals the largely unnoticed gap between the victim’s rights and the disadvantaged reality they experience in plea agreements. Further, the paper identifies the legal causes that led to this gap; namely, the broad discretion and dominance of the prosecution on the one hand, and the victim’s lack of enforcement mechanisms to participate on the other. The article provides a solution whose novelty is twofold. First, the solution advocated …
Changing Motherhood Paradigms: Jewish Law, Civil Law, And Society, Avishalom Westreich
Changing Motherhood Paradigms: Jewish Law, Civil Law, And Society, Avishalom Westreich
UC Law SF Journal on Gender and Justice
This paper indicates initial signs of a far-reaching interaction between Jewish law, civil law, and society, which goes to the very heart of the concept of motherhood in cases of assisted reproductive technologies. The paper argues that both civil law and Jewish law are dynamic. They influence one another very deeply, and both are affected by the social reality (which itself is, of course, dynamic by nature). But this influence is not only on the practical level. Within Jewish law, the paper reveals a fascinating process of a conceptual paradigmatic change: from a substantive approach to parenthood to a functionalist …
Revenge In Modern Times: The Necessity Of A Federal Law Criminalizing Revenge Porn, Katlyn M. Brady
Revenge In Modern Times: The Necessity Of A Federal Law Criminalizing Revenge Porn, Katlyn M. Brady
UC Law SF Journal on Gender and Justice
Revenge porn is a growing phenomenon where the victim is constantly re-victimized as the intimate photographs are shared across the Internet. Once a picture has been uploaded victims have no control over its distribution. The current patchwork of state criminal laws is often inadequate because the victim cannot utilize them to force websites to remove the photographs, the laws are often inadequate, and often police or legislatures fail to recognize that revenge porn is a type of sexual exploitation. States are only now beginning to take the complaints seriously. This paper sets out to define revenge porn, explain why it …
Legal Censure Of Unconventional Expressions Of Love And Sexuality; Finding A Place In The Law For Bdsm, Anne Onoma
Legal Censure Of Unconventional Expressions Of Love And Sexuality; Finding A Place In The Law For Bdsm, Anne Onoma
UC Law SF Journal on Gender and Justice
The laws against assault and battery do not provide an exception for consensual BDSM. Consequently, a BDSM practitioner may be charged with criminally assaulting or battering a sexual partner despite having engaged in an activity that was completely consensual and not harmful in any meaningful way. Consent is the legal difference between sex and rape, and so consent should also be the difference between BDSM and criminal assault or battery. However, courts remain unwilling to even consider a defense of consent in assault and battery cases that include alleged BDSM activities. This note will explore the multiple ways in which …
The Principal Theory, Jennifer Twist, Merienne Star Blake
The Principal Theory, Jennifer Twist, Merienne Star Blake
UC Law SF Journal on Gender and Justice
Prison inmates Jennifer Twist and Merienne Star Blake are just two of hundreds of women who are currently serving life sentences on a “Principal Theory.” This theory contains and entails that being at the scene or near the scene of the crime indicates a guilty demeanor as much as the person who actually committed the crime. The theory does not account for mitigating factors of trauma that many women face. Twist and Blake stand up as warriors for this cause and give a voice to the many woman serving life without parole on the basis of the Principal Theory.
The Constitutionality And Future Of Sex Reassignment Surgery In United States Prisons, Brooke Acevedo
The Constitutionality And Future Of Sex Reassignment Surgery In United States Prisons, Brooke Acevedo
UC Law SF Journal on Gender and Justice
This note examines how federal and state prisons do not currently have a policy for prison inmates living with gender dysphoria to receive their sex-reassignment surgery while incarcerated. Transgendered inmates face various legal, social, and medical challenges in the prison system. These challenges are only amplified when they are denied access to sexreassignment surgery. After various independent doctors have determined the sex-reassignment surgery is a medical necessity, denying inmates the surgery is a violation of their constitutional rights. California has developed a policy to determine when an inmate can receive their surgery, the rest of the country needs to model …
Medical Marijuana And Child Custody: The Need To Protect Patients And Their Families From Discrimination, Alice Kwak
Medical Marijuana And Child Custody: The Need To Protect Patients And Their Families From Discrimination, Alice Kwak
UC Law SF Journal on Gender and Justice
This note addresses parents who stand to lose child custody due to discrimination against the parent’s status as a medical marijuana patient or provider for their children. Parents may be forced to choose between marijuana to alleviate health problems and the retention of custody of their children; in some cases, parents are being forced to choose between living with chronic, debilitating pain and potentially facing a child custody battle or loss of a child to the foster care system.
Forging A Path For Women's Rights In Customary Law, Tamar Ezer
Forging A Path For Women's Rights In Customary Law, Tamar Ezer
UC Law SF Journal on Gender and Justice
Common law in Africa began as a dynamic, fluid structure that was effective for governing small, tight-knit communities. After the introduction of European colonialism, however, common law incorporated European customs, such as patriarchy and individualism. The individual and patriarchal structure solidified in many African communities and had a grossly disproportionate effect on women, whose lives were dictated by lack of property rights and self-determination. In South Africa in particular, the patriarchal structure continued into the 20th century despite a global recognition of equal rights for women. This article explores the origins of common law and suggests that many communities may …
Reasonable Person And I, Lydia J. Carlsgaard
Reasonable Person And I, Lydia J. Carlsgaard
UC Law SF Journal on Gender and Justice
No abstract provided.
Illegally Yours, With Updated Foreword, Laura Weinstock
Illegally Yours, With Updated Foreword, Laura Weinstock
UC Law SF Journal on Gender and Justice
After a drastic change in landscape in the legality of same-sex marriage, the author readdresses the issues faced by the LGBT community just over a decade ago. The author highlights what challenges were presented when same-sex marriage was just becoming legal on a state level and the predictions for what was to come.
Who Is Suspicious, Jon Lau
Who Is Suspicious, Jon Lau
UC Law SF Journal on Gender and Justice
No abstract provided.
In The Padded Closet: Thoughts On A Secret Life, Naomi A. Himmelhoch
In The Padded Closet: Thoughts On A Secret Life, Naomi A. Himmelhoch
UC Law SF Journal on Gender and Justice
The author highlights their personal experience with several mental issues as a law student as UC Hastings. This piece explains one's approach to the battling the societal and legal issues through their secret battle against mental illness.
Artificial Wombs: The Third Era Of Human Reproduction And The Likely Impact On French And U.S. Law, Marion Abecassis
Artificial Wombs: The Third Era Of Human Reproduction And The Likely Impact On French And U.S. Law, Marion Abecassis
UC Law SF Journal on Gender and Justice
Advances in reproductive technology are outpacing statutory and regulatory authority, and artificial wombs as a form of assistive reproductive technology are no longer the subject of science fiction. This article begins with insight to the original ideas of artificial wombs and the subsequent effect these ideas had science and technology at the time. Artificial wombs, being disconnected from the body, were the subjects of dystopian portrayals of society, and many critics denied the possibility that such technology would ever exist. Experiments in the 20th century, however, have made artificial wombs a real possibility. The author explores how artificial wombs would …
Natural Incubators: Somatic Support As Reproductive Technology, And The Comparative Constitutional Implications On Cases Of Maternal Brain Death In The U.S., Canada, And Ireland, Sonya Laddon Rahders
Natural Incubators: Somatic Support As Reproductive Technology, And The Comparative Constitutional Implications On Cases Of Maternal Brain Death In The U.S., Canada, And Ireland, Sonya Laddon Rahders
UC Law SF Journal on Gender and Justice
Should a brain dead pregnant person be kept alive on life support, despite the family's wishes otherwise, in order to fully gestate the fetus? A 2013 grand rounds study out of United Arab Emirates found that medical technology has reached such an advanced stage that gestational age is no longer a barrier to whether or not a pregnant person may be kept on somatic support until the fetus is delivered. The study concluded that a brain dead pregnant person might serve as a "natural incubator" and successfully deliver a baby after the mother becomes brain dead at just 16 weeks' …
Lifting As They Climb: Race, Sorority, And African American Uplift In The 20th Century, Gregory S. Parks, Caryn Neumann
Lifting As They Climb: Race, Sorority, And African American Uplift In The 20th Century, Gregory S. Parks, Caryn Neumann
UC Law SF Journal on Gender and Justice
Founded in the 1920s, Zeta Phi Beta and Sigma Gamma Rho are two prominent African-American sororities with rich histories of community service and philanthropy work. As educated black women, sorority members took on the responsibility of engaging in community racial uplift-that is, to uplift the African-American race as a whole by working to better its purported "lowest" members-in order to acquire rights and to be uplifted in the eyes of whites. Therefore, Zeta Phi Beta and Sigma Gamma Rho dedicated themselves to helping others from their inception until today; both sororities have a vast alumni network of prominent African-American women …
An Uncommon Alliance: Finding Empowerment For Exotic Dancers Through Labor Unions, Sarah Chun
An Uncommon Alliance: Finding Empowerment For Exotic Dancers Through Labor Unions, Sarah Chun
UC Law SF Journal on Gender and Justice
This article explores the life of exotic dancers and their legal status in the employment context. The author highlights the stigma associated with exotic dancing as well as the legal and social barriers that confront these dancers as employees in their attempt to unionize. Specifically, this article addresses the implications of unionizing exotic dance clubs and the organizing efforts to do so in California.
Personal Experiences Of A Deaf Law Student, With Updated Foreword, Alice Mcgill
Personal Experiences Of A Deaf Law Student, With Updated Foreword, Alice Mcgill
UC Law SF Journal on Gender and Justice
This article highlights the author's experience as a deaf individual. What began as a challenge in law school became a greater challenge in the legal profession. However, the author highlights, with the passage often American Disabilities Act, that legal landscape has changed drastically in both positive and negative ways. With new technology, new types of discrimination, and new forms of education, the author notes how much her life has changed since law school and how she has become to appreciate the Deaf community in new ways.
I Dance For A Living, Dawn Passar
I Dance For A Living, Dawn Passar
UC Law SF Journal on Gender and Justice
No abstract provided.
Feminism On The Front Lines, With Updated Foreword, Blythe Leszkay
Feminism On The Front Lines, With Updated Foreword, Blythe Leszkay
UC Law SF Journal on Gender and Justice
This article details the history of women in the military and the policies that have kept women out of combat positions, as well as the effect that the ban has had on servicewomen and women in general. It concludes that women should be allowed into combat positions and specifically responds to various arguments of those opposed to women's inclusion in combat roles.
Empty Benefits: Employer-Sponsored Oocyte Cryopreservation And Potential For Employment Discrimination, Ali L. Nicolette
Empty Benefits: Employer-Sponsored Oocyte Cryopreservation And Potential For Employment Discrimination, Ali L. Nicolette
UC Law SF Journal on Gender and Justice
This note analyzes the complexities employer-sponsored egg freezing poses to female employees. The author highlights that with the high-cost procedure and low success rates, this enticing procedure should not be everyone's choice. Given the legal, social, and individual implications for female employees, the author notes that such employer-sponsored egg freezing is an implicit form of gender discrimination as employers push the female employees to work harder selling the sponsorship as a "benefit" of delaying having a family.
Boy Or Girl: Who Gets To Decide: Gender-Nonconforming Children In Child Custody Cases, David Alan Perkiss
Boy Or Girl: Who Gets To Decide: Gender-Nonconforming Children In Child Custody Cases, David Alan Perkiss
UC Law SF Journal on Gender and Justice
Transgender youth, especially those in families that express rejecting behavior, are at great risk for physical and psychological harms that can be alleviated by the support of family. However, when separated parents disagree about whether to support their gender-nonconforming children in their felt genders, especially as more transgender youth come out at earlier ages, disagreements between the parents leads to harm for the child as well as renewed custody challenges. This disagreement was adjudicated in the custody dispute Smith v. Smith. This Article analyzes Smith and applies to cases involving gender-nonconforming children, regardless of a court's finding of gender identity …
Clearing Some Smoke: Medical Cannabis, Fifteen Years Later, Steven Heilig
Clearing Some Smoke: Medical Cannabis, Fifteen Years Later, Steven Heilig
UC Law SF Journal on Gender and Justice
The legalization of medical cannabis in California came with the passage of the California Proposition 215. However, with the passage of Proposition 215, also came some setbacks, one of them being California Proposition 19. Proposition 19 sought to legalize the sale of cannabis throughout the state, but due to the biases and fear related to the marijuana industry, the proposition failed to pass. The author explains the unique position California is in for the cannabis industry across the country and how it can work to help alleviate the fears of such a growing industry.
Asian/American/Alien: Birth Tourism, The Racialization Of Asians, And The Identity Of The American Citizen, Mehera Nori
Asian/American/Alien: Birth Tourism, The Racialization Of Asians, And The Identity Of The American Citizen, Mehera Nori
UC Law SF Journal on Gender and Justice
The challenges faced by Asians and Asian Americans are typically left out of the discussion when it comes to the media's depiction of the complexities behind immigration policies in the United States. Yet, behind the scenes, the rise of birth tourism as a major form of Asian immigration to the United States continues to grow. Birth tourism encompasses medical facilities that provide childbearing services to foreign women who wish to receive care in the United States, which results in the child having American citizenship. This note highlights the growing impact of birth tourism on Asian immigrants and the redefining of …
A Visit With Guanyin, Carol Collins
A Visit With Guanyin, Carol Collins
UC Law SF Journal on Gender and Justice
No abstract provided.