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Full-Text Articles in Law and Gender
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 …
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 These archaic, even offensive laws were largely repealed in the mid-nineteenth century.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 …
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, …
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 …
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 …
Lindsay’S Legacy: The Tragedy That Triggered Law Reform To Prevent Teen Dating Violence, D. Kelly Weisberg
Lindsay’S Legacy: The Tragedy That Triggered Law Reform To Prevent Teen Dating Violence, D. Kelly Weisberg
UC Law SF Journal on Gender and Justice
Intimate partner violence is common not only among adults but among teenagers as well. A recent large-scale study reveals the startling fact that dating violence begins as early as age eleven. In 2005, an innovative state law reform movement was launched that confers a proactive role on the schools to prevent teen dating violence (TDV). Currently, twenty states have laws that address TDV in the schools, and additional states have pending legislation. This article explores the impetus for this law reform movement, provides an analysis of state laws on TDV prevention, and examines pending federal legislation that overcomes a fundamental …
Collaboration And Coercion, Margaret B. Drew
Collaboration And Coercion, Margaret B. Drew
UC Law SF Journal on Gender and Justice
“Collaboration and Coercion” addresses the systemic and individual concerns that arise when family members that have experienced abuse enter into the collaborative law process. A form of alternative dispute resolution, collaborative law is a method of resolving disputes without engagement of the legal system. The author addresses the structural and cultural difficulties that survivors of abuse encounter throughout the process as well as the ethical concerns that are raised when collaborative practitioners accept cases where the parties have a history of coercion within the intimate relationship.
Forced Obstetrical Intervention: The Role Of Religion And Culture, And The Woman’S Autonomous Choice, Gina Gribow
Forced Obstetrical Intervention: The Role Of Religion And Culture, And The Woman’S Autonomous Choice, Gina Gribow
UC Law SF Journal on Gender and Justice
The right to bodily integrity is one of the most valued rights within our society. Yet, pregnant women have found this right to be jeopardized when making the informed decision to either accept or refuse medical treatment when the treatment is deemed necessary to improve or save the life of the fetus. Often, religion and culture play a central role in either establishing a basis for why the woman refuses the treatment, or establishing the context that ultimately leads to forced obstetrical intervention. Historically, it seems that when religion or culture is heavily intertwined with the woman’s decision to forgo …
De-Gendering Health Insurance: A Case For A Federal Insurance Gender Nondiscrimination Act, Kate Walsham
De-Gendering Health Insurance: A Case For A Federal Insurance Gender Nondiscrimination Act, Kate Walsham
UC Law SF Journal on Gender and Justice
The Patient Protection and Affordable Care Act, is the most sweeping change to the U.S. healthcare system since 1965. It creates the perfect platform from which to improve access to medical care for transgender people. In 2005, California enacted a first-of-its-kind bill, the Insurance Gender Nondiscrimination Act, which prohibits discrimination on the basis of gender and gender identity in insurance coverage. This bill should be the model for federal regulations as the Patient Protection and Affordable Care Act’s provisions go into effect. This note advocates for enactment of a federal Insurance Gender Nondiscrimination Act based on California’s bill and the …
Talk Delivered February 6, 2012, To Professor D. Kelly Weisberg’S Domestic Violence Class, Rolanda Pierre Dixon
Talk Delivered February 6, 2012, To Professor D. Kelly Weisberg’S Domestic Violence Class, Rolanda Pierre Dixon
UC Law SF Journal on Gender and Justice
Ms. Pierre Dixon’s speech delivered to Professor Weisberg’s Domestic violence class on her life’s work which included establishing and supervising the Santa Clara County Domestic Violence Task Force from 1991 until 2006. This issue features a transcription of that talk in which Ms. Pierre Dixon describes the challenges she faced in establishing the Task Force and the ongoing challenges prosecutors and domestic violence victims face.
Domestic Violence As A Basis For Asylum: An Analysis Of 206 Case Outcomes In The United States From 1994 To 2012, Blaine Bookey
Domestic Violence As A Basis For Asylum: An Analysis Of 206 Case Outcomes In The United States From 1994 To 2012, Blaine Bookey
UC Law SF Journal on Gender and Justice
The recent granting of asylum in the United States to the women in the highly publicized Matter of R-A- and Matter of L-R- cases has opened doors for other women fleeing horrific violence at the hands of their husbands and partners. Some immigration judges have begun to accept domestic violence as a basis for asylum as a result of the U.S. government’s approach in these cases. However, the absence of binding jurisprudential and regulatory norms remains a major impediment to fair and consistent outcomes for women who fear returning to countries where they face heinous abuse, or even death. While …
Remarks Delivered April 5, 2012, To Cutting Edge Topics In Domestic Violence Symposium, Katherine Dowling
Remarks Delivered April 5, 2012, To Cutting Edge Topics In Domestic Violence Symposium, Katherine Dowling
UC Law SF Journal on Gender and Justice
Ms. Dowling’s speech delivered at the Journal’s Spring 2012 symposium entitled: “Cutting Edge Topics in Domestic Violence” is transcribed here for the benefit of our readers. Ms. Dowling describes the ways in which domestic violence has implications on interstate commerce, the basis for the Violence Against Women Act.
Limitations On Choice: Abortion For Women With Diminished Capacity, Elizabeth Ann Mccaman
Limitations On Choice: Abortion For Women With Diminished Capacity, Elizabeth Ann Mccaman
UC Law SF Journal on Gender and Justice
Abortion for women with diminished capacity is a complex, highly charged issue. Because many women with diminished capacity cannot give informed consent, an abortion cannot be performed without some form of legal intervention. Florida requires women with diminished capacity obtain a court order to authorize the procedure. New York allows a parent or guardian to consent directly on behalf of the woman. In California, conservators have general authority to consent to surgery on behalf of the woman so long as she does not object. In developing these state-specific legal interventions, it is important to balance the desire for reproductive freedom …
Professional Responsibility In Civil Domestic Violence Matters, Julie Saffren
Professional Responsibility In Civil Domestic Violence Matters, Julie Saffren
UC Law SF Journal on Gender and Justice
Professional Responsibility in Civil Domestic Violence Matters explores the fundamental ethical duties that arise in civil domestic violence practice. The article stresses the importance of an attorney having a comprehensive knowledge of domestic violence dynamics and describes how these complex dynamics impact the attorney-client relationship. Knowledge of domestic violence and its impact on the victim is required if the attorney is to fulfill their duty of competence, including providing legal services in a culturally competent and trauma-informed manner. The importance of safety and specific ethical responsibilities in the face of high lethality cases are also discussed. The author examines attorney …
Perceiving And Reporting Domestic Violence Incidents In Unconventional Settings: A Vignette Survey Study, Hadar Aviram, Annick Persinger
Perceiving And Reporting Domestic Violence Incidents In Unconventional Settings: A Vignette Survey Study, Hadar Aviram, Annick Persinger
UC Law SF Journal on Gender and Justice
Domestic violence abuse is under-reported to police, but has long been viewed only through a lens of female oppression. Some literature suggests that in unconventional abusive relationships, such as in same-sex relationships or in relationships with a female batterer and male victim, the problem of under-reporting is more severe. This Article uses a vignette survey design to examine the tendencies to report such incidents to the police, by controlling for the type of relationship, the existence of outing threats, and the presence of mutual violence. Compared to the typical scenario involving a male batterer and female victim, we find significantly …
Living Art, Jaime S. King
Living Art, Jaime S. King
UC Law SF Journal on Gender and Justice
In this narrative, Professor Jaime King explores her personal experience as a patient undergoing in vitro fertilization after studying the procedure as part of her doctoral dissertation in Health Policy and Ethics. Professor King reveals the challenges of being a patient when faced with medical uncertainty and a more paternalistic minded physician. She then argues in favor of changing informed consent law and physician practice patterns to promote the use of shared decision-making in order to improve medical decision-making in the context of IVF.
Body Art On Children's Bodies: Should It Be Up To Parents To Decide, Inna Volkova
Body Art On Children's Bodies: Should It Be Up To Parents To Decide, Inna Volkova
UC Law SF Journal on Gender and Justice
Legislation in certain states has placed limitations on children's ability to acquire piercings or tattoos until the age of 18-irrespective of parental consent. This note argues against this type of legislation and instead advocates for parental consent to be the authority in this process. Taking into account the modern trend of body piercings and tattoos, the path of educating minors about possible health risks would accomplish the government's objective of decreasing piercings and tattoos amongst youth, without banning their rights to self expression. It is important to acknowledge the exception carved out for soft ear lobe piercings which is based …
Fundamental Rights For Women: Applying Log Cabin Republicans To The Military Abortion Ban, Hillary Hansen
Fundamental Rights For Women: Applying Log Cabin Republicans To The Military Abortion Ban, Hillary Hansen
UC Law SF Journal on Gender and Justice
Controversial policies in the United States Armed Forces like the ban on abortions in military facilities and the discharge of openly homosexual service members under Don't Ask Don't Tell (DADT) have disproportionately deprived service women of the fundamental rights they fight to protect. These policies pose serious threats to the safety and efficacy of female military personnel forcing them to make impossible decisions regarding their health, intimate relationships, and military careers. While the 111th Congress successfully repealed DADT, efforts to repeal the abortion ban fell short. This note compares and contrasts the substantive details and legislative history of these two …
Don't Sleep - Be Firm - Listen, Rafe Posey
Don't Sleep - Be Firm - Listen, Rafe Posey
UC Law SF Journal on Gender and Justice
No abstract provided.
Grey Matters, Lois Schwartz
Grey Matters, Lois Schwartz
UC Law SF Journal on Gender and Justice
In this narrative, Professor Lois Schwartz discusses the experience of finding her first grey hair, which led to her life-changing decision to enroll in law school at the age of forty. She explores her personal experience as a law student, a mother, a woman, and member of a so-called "geriatric study group" during her three years of legal education. Now a law professor herself, she discusses how her experiences as a student helped to shape who she is as a professor. She also reflects on the changes that have occurred to the legal profession since her time as a student, …
Protecting Traditional Surrogacy Contracting Through Fee Payment Regulation, Dominique Ladomato
Protecting Traditional Surrogacy Contracting Through Fee Payment Regulation, Dominique Ladomato
UC Law SF Journal on Gender and Justice
There is an outdated assumption that payment in exchange for traditional surrogacy services is equal to "baby-selling." Due to this assumption, there is an unrealistic expectation that altruism alone should sustain traditional surrogacy contracts in place of payment. While there is currently no uniform regulation on traditional surrogacy for-pay contracts in the United States, there is a wealth of conflicting state laws that make traditional surrogacy contracting a confusing area of the law. When it is unclear how a state will treat these surrogacy contracts, individuals enter into these unique contractual arrangements with little to no certainty about their enforceability. …
Breeding Incentives: Parental Leave In Japan And The United States, Talia Saypoff
Breeding Incentives: Parental Leave In Japan And The United States, Talia Saypoff
UC Law SF Journal on Gender and Justice
More so than in any other area, law that involves family issues tends to lack international consensus. This is certainly the case for parental leave law. This Note examines parental leave and family care leave laws, within the broader context of women's employment, in the United States and Japan. First, this Note offers an overview of the evolution of parental leave laws in the United States and Japan. Next, this Note looks at how many people take advantage of the leave offered and seek to understand parents' underlying motives. The United States, which has arguably the worst parental leave laws …
Unsportsmanlike Conduct: Female Sportswriters As Targets For Sexual Harassment, Aishlin P. Hicks
Unsportsmanlike Conduct: Female Sportswriters As Targets For Sexual Harassment, Aishlin P. Hicks
UC Law SF Journal on Gender and Justice
Professional sports are big business in the United States, and so perhaps it is no surprise that reporters from magazines, newspapers, and television shows and networks flock to pro locker rooms and practice fields to interview the players and coaches. The situation can become a bit more complex when the person on the other end of the microphone is a woman. Female sportswriters often find themselves as targets for sexual harassment and lewd behavior. This Note considers the possible legal options that sportswriters may have when they are victimized by the athletes and coaches they are charged with reporting on. …
From Gender To Genomics: Achievements And Challenges In Sex-Specific Science, Marianne J. Legato
From Gender To Genomics: Achievements And Challenges In Sex-Specific Science, Marianne J. Legato
UC Law SF Journal on Gender and Justice
Dr. Legato's keynote speech, delivered at the Journal's Symposium, covered the evolution of gendered approaches to medical examination and research from the early 1900s up to today. This issue features a transcribed version of that address. In the early 1900s, doctors and medical researchers focused solely on men as normative subjects representative of the population at large. Since then, the focus has shifted; first, to a dual approach, considering both sexes, and then, to a greater emphasis on women, to the detriment of the male community. The classic debate of nature versus nurter has been a recurring theme throughout these …
Hey, What About Me: Why Sexual Education Classes Shouldn't Keep Ignoring Lgbtq Students, Sarah Camille Conrey
Hey, What About Me: Why Sexual Education Classes Shouldn't Keep Ignoring Lgbtq Students, Sarah Camille Conrey
UC Law SF Journal on Gender and Justice
This Note discusses the issue of public school sexual education classes that do not discuss LGBTQ-specific issues. I look at the history of sexual education in public schools in the United States, and the evolving purposes behind such curricula. Next I discuss the social implications of omitting LGBTQ-specific information in sexual education classes, which include the reinforcement of heteronormative beliefs among students. I examine how the failure to inform students of protective measures when having same-sex sexual encounters can have health implications by potentially reinforcing the mistaken belief that such sexual encounters are relatively risk free because there is not …
The Intriguing Potential Of Postnuptial Contract Modifications, M. Neil Browne, Katherine S. Fister
The Intriguing Potential Of Postnuptial Contract Modifications, M. Neil Browne, Katherine S. Fister
UC Law SF Journal on Gender and Justice
An ugly reality faced by many couples is the prospect of an impending divorce. Regardless of this fact, there is a longstanding opposition to the creation of marital contracts that is routed in history and enforced by popular opinion. This Article contends that marriage contracts drafted during the marriage, known as postnuptial contracts, can be effective in providing cleaner ways for marriages to dissolve and for saving marriages that are on the brink of collapse. These contracts allow couples to address marital disagreements that were unanticipated prior to the marriage. Unlike prenuptial contracts, however, postnuptial contracts are difficult to enforce …
Hormone Therapy For Postmenopausal Women: A Brief History Of Time, Cynthia A. Stuenkel
Hormone Therapy For Postmenopausal Women: A Brief History Of Time, Cynthia A. Stuenkel
UC Law SF Journal on Gender and Justice
All women who live long enough with ovaries intact will experience the menopause transition. This nearly universal, natural physiological event transcends mere biology, however. In our culture, the menopause also connotes a marker of aging. Margaret Meade considered menopause as the portal to a season of postmenopausal zest. Others, such as the infamous gynecologist Robert Wilson, approached menopause as an endocrine deficiency disorder with only negative sequelae in a woman's appearance, sexuality, and health. In an effort to relieve women's symptoms and to ward off the vagaries of aging, hormone therapy entered midstream medicine over fifty years ago. In an …
The "M Word" Symposium: An Interdisciplinary Adventure, Lisa Faigman
The "M Word" Symposium: An Interdisciplinary Adventure, Lisa Faigman
UC Law SF Journal on Gender and Justice
No abstract provided.
Perceiving And Reporting Domestic Violence Incidents In Unconventional Settings: A Vignette Survey Study, Hadar Aviram, Annick Persinger
Perceiving And Reporting Domestic Violence Incidents In Unconventional Settings: A Vignette Survey Study, Hadar Aviram, Annick Persinger
Faculty Scholarship
No abstract provided.