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2001

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Articles 61 - 90 of 136

Full-Text Articles in Law and Gender

Foreword, Heather Kirlin, Dominique Tauzin Jan 2001

Foreword, Heather Kirlin, Dominique Tauzin

UC Law SF Journal on Gender and Justice

No abstract provided.

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School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake Jan 2001

School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake

UC Law SF Journal on Gender and Justice

In this article, Professor Brake discusses the Supreme Court's decision in Davis v. Monroe County Board of Education, which recognized student-on-student sexual harassment as a form of actionable discrimination under Title IX, as part of a larger tension in discrimination law between intent and causation as the guiding principle for defining unlawful discrimination. She argues that the liability standard adopted by the Davis Court properly focused on the question of whether schools cause sex-based harm, rather than inquiring into the bias or subjective intent of school officials. Although the deliberate indifference requirement the Court adopted sets a tougher liability standard …

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Combating Fetal Substance Abuse And Governmental Foolhardiness Through Collaborative Linkages, Therapeutic Jurisprudence And Common Sense: Helping Women Help Themselves, David C. Brody, Heidee Mcmillin Jan 2001

Combating Fetal Substance Abuse And Governmental Foolhardiness Through Collaborative Linkages, Therapeutic Jurisprudence And Common Sense: Helping Women Help Themselves, David C. Brody, Heidee Mcmillin

UC Law SF Journal on Gender and Justice

Annually thousands of babies are born exposed to alcohol or illicit drugs while in their mother's womb. While the government has addressed the problem by punishing pregnant women and their children, the number of affected infants continues to rise. This is largely due to states taking gendered, punitive and illogical actions, which are antithetical to the social, scientific and medical research that has shown that treatment, not punishment, is the appropriate means to deal with the problem. Instead of addressing the problem honestly in search of a practical solution, states have focused on casting blame and meting out punishment upon …

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United States Asylum Law In The Context Of Sexual Orientation And Gender Identity: Justice For The Transgendered, Fatima Mohyuddin Jan 2001

United States Asylum Law In The Context Of Sexual Orientation And Gender Identity: Justice For The Transgendered, Fatima Mohyuddin

UC Law SF Journal on Gender and Justice

This article examines the recognition given to sexual minorities through United States asylum law. This article begins with a general explanation of the evolution of asylum law and an overview of the different categories of persons eligible to apply for asylum, particularly persons facing persecution as a social group. Then the article discusses the traditional construction of gender and sexuality in lieu of persons who do not fit into the dimorphic, male/female, gender and sexual categories. These sexual minorities often face extreme hardship, government persecution and death in their home countries for stepping outside of culturally imposed sexual and gender …

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Steps Forward And Steps Back: Uneven Progress In The Law Of Social Group And Gender-Based Claims In The United States, Karen Musalo, Stephen Knight Jan 2001

Steps Forward And Steps Back: Uneven Progress In The Law Of Social Group And Gender-Based Claims In The United States, Karen Musalo, Stephen Knight

Faculty Scholarship

No abstract provided.

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Reinforcing The Myth Of The Crazed Rapist: A Feminist Critique Of Recent Rape Legislation, Christina E. Wells, Erin Elliott Jan 2001

Reinforcing The Myth Of The Crazed Rapist: A Feminist Critique Of Recent Rape Legislation, Christina E. Wells, Erin Elliott

Faculty Publications

Part I of this article reviews these new legislative provisions, discussing their requirements as well as the general impetus behind their enactment. Part II discusses both the history of rape prosecution and feminist efforts in the 1970s and 1980s to eliminate barriers to successful rape prosecutions. This part also elaborates upon the myth of the crazed rapist and its relationship to feminist reform efforts. Part III explains how the current legislation is rooted in and reinforces that myth by encouraging unsupportable distinctions among rape defendants. Finally, Part IV discusses the feminist response to such laws and argues for a more …

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Seeking Redress For Gender-Based Bias Crimes- Charting New Ground In Familiar Legal Territory, Julie Goldscheid, Risa E. Kaufman Jan 2001

Seeking Redress For Gender-Based Bias Crimes- Charting New Ground In Familiar Legal Territory, Julie Goldscheid, Risa E. Kaufman

Michigan Journal of Race and Law

This Essay will analyze how courts have defined gender-motivation, focusing on the Civil Rights Remedy cases decided before the law was struck down, in an attempt to cull from those cases the standards federal courts have used to assess gender-motivation. The article will first provide an overview of existing and proposed laws that offer some form of redress for gender-motivated crimes. It will then analyze cases decided under the Civil Rights Remedy, focusing on two key issues that have arisen as policymakers struggle with whether and how gender-based bias crimes fit in the rubric of hate crimes legislation. The first …

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Finding A Third Way: The Use Of Public Engagement And Adr To Bring School Communities Together For The Safety Of Gay Students, David S. Doty Jan 2001

Finding A Third Way: The Use Of Public Engagement And Adr To Bring School Communities Together For The Safety Of Gay Students, David S. Doty

UC Law SF Journal on Gender and Justice

On its face, the suggestion that gay and lesbian students, along with all other students, should be protected from violence and harm in public schools does not seem to warrant controversy. Yet, disputes over this issue threaten to consume school communities, as school officials wrestle with complicated legal requirements and emotional stakeholders. Contributing to the turmoil is the fact that school officials cannot begin to address the safety concerns of gay students strictly within a legal framework without finding themselves frustrated by a number of conflicting mandates. On the one hand, schools are obligated under Title IX and the Equal …

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Response To Peer Sexual Harassment Of Lgbt Youth In Schools: Advocacy, Legislation And Litigation, Christine Hwang Jan 2001

Response To Peer Sexual Harassment Of Lgbt Youth In Schools: Advocacy, Legislation And Litigation, Christine Hwang

UC Law SF Journal on Gender and Justice

No abstract provided.

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Dispelling The Misconceptions Raised By The Davis Dissent, Joan E. Schaffner Jan 2001

Dispelling The Misconceptions Raised By The Davis Dissent, Joan E. Schaffner

UC Law SF Journal on Gender and Justice

The Supreme Court, in Davis v. Monroe County Board of Education, correctly held school districts liable under Title IX for deliberate indifference to known instances of student-on-student sexual harassment that is so severe, pervasive and objectively offensive that it effectively bars the victim's access to an educational opportunity or benefit. Professor Schaffner argues, however, that the majority failed to adequately address three concerns raised by the Davis dissent, that: (1) as a matter of federalism, this issue should be left to the states; (2) student peer sexual harassment does not constitute sex discrimination and (3) holding schools liable for student …

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Boys Will Be Boys: Peer Sexual Harassment In Schools And The Implications Of Davis V. Monroe County Board Of Education, Tianna Mcclure Jan 2001

Boys Will Be Boys: Peer Sexual Harassment In Schools And The Implications Of Davis V. Monroe County Board Of Education, Tianna Mcclure

UC Law SF Journal on Gender and Justice

The recent Supreme Court decision finding that the failure of schools to address and remedy peer sexual harassment in Davis v. Monroe County Board of Education, appears to be a victory for students and feminists alike. However, the Davis decision does not go far enough to insure the emotional and physical well-being of America's school children. While as a result of this decision schools must begin to recognize the true nature and severity of peer sexual harassment or face the possibility of monetary damages, Davis is, nevertheless, flawed. The Supreme Court operates under the assumption that actual knowledge is the …

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Students As Targets And Perpetrators Of Sexual Harassment: Title Ix And Beyond, Martha Mccarthy Jan 2001

Students As Targets And Perpetrators Of Sexual Harassment: Title Ix And Beyond, Martha Mccarthy

UC Law SF Journal on Gender and Justice

This article address legal protections for public school students who are the victims of sexual harassment inflicted by school employees or their classmates. Constitutional and statutory remedies are explored, with particular attention given to the liability of school districts under Title IX of the Education Amendments of 1972 that bars gender discrimination in federal assisted educational programs or activities. The article discusses in some detail the Title IX standards for students to be awarded damages from school districts for sexual harassment that the Supreme Court announced in Franklin v. Gwinnett Public Schools, Gebser v. Lago Vista Independent School District and …

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Peer Sexual Harassment In California After Davis, John F. Walsh Jan 2001

Peer Sexual Harassment In California After Davis, John F. Walsh

UC Law SF Journal on Gender and Justice

This article discusses, from a practice standpoint, the significance Davis v. Monroe County Board of Education will have for California schools and colleges. The article first discusses Ninth Circuit interpretations of peer harassment prior to Davis, then analyzes Davis from a practice standpoint, raising issues left open by the Davis decision. The article then discusses the interrelationship between Title IX and California law. Finally, the article addresses institutional and personal liability and immunity defense issues.

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Foreword, Heather Kirlin, Dominique Tauzin Jan 2001

Foreword, Heather Kirlin, Dominique Tauzin

UC Law SF Journal on Gender and Justice

No abstract provided.

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The Deterrent Effect Of Arrest In Domestic Violence: Differentiating Between Victim And Perpetrator Response, Johanna Niemi-Kiesilainen Jan 2001

The Deterrent Effect Of Arrest In Domestic Violence: Differentiating Between Victim And Perpetrator Response, Johanna Niemi-Kiesilainen

UC Law SF Journal on Gender and Justice

The effects of arrest in domestic violence have been debated since Professor Lawrence Sherman et al. published their widely cited empirical studies in the 1980s and early 1990s. These studies, however, focused on the perpetrator and did not consider the effects of arrest on the victim's willingness to report repeat violence to the police. In this article, Professor Niemi-Kiesiliinen argues that the effect of arresting the perpetrator on the behavior of the victim is a crucial factor in determining the overall effectiveness of arrest. It is likely that the arrest of the perpetrator deters violence, but it is equally possible …

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Peace Be With You, Mary E. Davis Jan 2001

Peace Be With You, Mary E. Davis

UC Law SF Journal on Gender and Justice

No abstract provided.

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In The Best Interests Of The Child: An Analysis Of Wisconsin Supreme Court Rulings Involving Same-Sex Couples With Children, Amy Persin Linnert Jan 2001

In The Best Interests Of The Child: An Analysis Of Wisconsin Supreme Court Rulings Involving Same-Sex Couples With Children, Amy Persin Linnert

UC Law SF Journal on Gender and Justice

The children of same-sex couples are often the unintended victims of legal discrimination against homosexuals. This note examines the Wisconsin Supreme Court's approach to the issues of adoption, custody and visitation involving the children of same-sex couples. Wisconsin was chosen as the focus of this note because it is widely recognized as a legally progressive state and is one of the few states that prohibits discrimination on the basis of sexual orientation. This note urges the Wisconsin courts and legislature to reexamine the issue of same-sex marriage as a means of protecting the best interests of the children of same-sex …

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A Cultural Rite Of Passage Or A Form Of Torture: Female Genital Mutilation From An International Law Perspective, Alexi Nicole Wood Jan 2001

A Cultural Rite Of Passage Or A Form Of Torture: Female Genital Mutilation From An International Law Perspective, Alexi Nicole Wood

UC Law SF Journal on Gender and Justice

Female genital mutilation (FGM) has been performed on approximately 135 million girls and women worldwide. It is estimated that two million girls and women undergo FGM each year approximately 6,000 a day. Often the procedure is performed clandestinely by local, unskilled practitioners in unsafe conditions. As many as fifteen to thirty percent of all girls and women who undergo FGM die as a result of bleeding or infection. In addition to short-term complications such as extreme pain, shock and hemorrhaging, FGM can cause severe long-term complications that can include sterility due to infection, complications during childbirth, as well as extreme …

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Still Not Behaving Like Gentlemen, Ann Bartow Jan 2001

Still Not Behaving Like Gentlemen, Ann Bartow

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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Remembering Chrystal Macmillan: Women's Equality And Nationality In International Law, Karen Knop, Christine Chinkin Jan 2001

Remembering Chrystal Macmillan: Women's Equality And Nationality In International Law, Karen Knop, Christine Chinkin

Michigan Journal of International Law

This article both continues and returns to the story of Chrystal Macmillan and the International Law Association. Some seventy-five years later, gender discrimination still exists in nationality law. For an American audience, Thailand's offer of nationality to U.S. golfer Tiger Woods, whose mother is Thai, highlighted the inequality of Thailand's laws on nationality. Although Thai women, as well as Thai men, can now pass their nationality to their children, the law continues to discriminate against women in other matters of nationality. Whereas the foreign wives of Thai men are specially entitled to apply for Thai nationality, the foreign husbands of …

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Nurturing In The Service Of White Culture: Racial Subordination, Gestational Surrogacy, And The Ideology Of Motherhood, April L. Cherry Jan 2001

Nurturing In The Service Of White Culture: Racial Subordination, Gestational Surrogacy, And The Ideology Of Motherhood, April L. Cherry

Law Faculty Articles and Essays

I approach the question of race, motherhood, and gestational surrogacy, by looking at courts' opinions in the case of Johnson v. Calvert and the racialized institution of motherhood. In the next section, I discuss motherhood as a social institution. I contrast some of the radical feminist critiques of motherhood, which recognize motherhood as institutionalized and compulsory, with Black feminist criticism, which understands motherhood as a site of power for African-American women. In Section III, I discuss the current popular understanding of the cultural and legal dictates of institutionalized motherhood from a historical perspective, focusing on the late eighteenth and early …

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Taking Globalization Seriously: Towards General Jurisprudence (Book Review Of Globalization And Legal Theory By William Twining), Doron M. Kalir Jan 2001

Taking Globalization Seriously: Towards General Jurisprudence (Book Review Of Globalization And Legal Theory By William Twining), Doron M. Kalir

Law Faculty Articles and Essays

Part II provides an account of the jurisprudence of Globalization and Legal Theory. Due to the novelty of many of the issues discussed in the book, as well as their importance to the understanding of Twining's recommendations, I have provided a longer than usual account of several chapters. Part II touches upon one of the central jurisprudential dichotomies introduced by Twining—the distinction between general and particular jurisprudence. Twining compares different accounts of the distinction using pairs of canonical jurists. In particular, he compares H.L.A Hart's Postscript with Dworkin's Law's Empire. In this part, I juxtapose Twining's record of this …

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Crossing Borderlands Of Inequality With International Legal Methodologies - The Promise Of Multiple Feminisms, Berta E. Hernández-Truyol Jan 2001

Crossing Borderlands Of Inequality With International Legal Methodologies - The Promise Of Multiple Feminisms, Berta E. Hernández-Truyol

UF Law Faculty Publications

This work provides insights into the gendered developments of international law. It explores the roles played by the gendered rule of law and by the conflation of economic, social, political, religious, cultural, and historic realities in the marginalization of women in the international, regional, and domestic spheres worldwide. The first section presents the myriad locations of women's persistent inequality. The next sets forth feminist theory that has been the basis of both the celebration of women's progress and the denunciation of women's subordination. The last part makes suggestions for the articulation of a methodology that follows the complex paths of …

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Latinas, Culture And Human Rights: A Model For Making Change, Saving Soul, Berta E. Hernández-Truyol Jan 2001

Latinas, Culture And Human Rights: A Model For Making Change, Saving Soul, Berta E. Hernández-Truyol

UF Law Faculty Publications

This essay provides an overview of progresses achieved for women in the Americas by virtue of the use of the human rights model to further women's rights and attain betterment of their lives. Specifically, this work reviews the location of Latinas both within and outside the United States fronteras. As women of color within larger U.S. society and as women within their comunidad Latina, Latinas experience different multifaceted subordinations. A human rights model that recognizes the multidimensional nature of gendered racial discrimination and of racialized gender discrimination can serve to improve the lives of Latinas as well as non-Latina women …

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Crime Control And Feminist Law Reform In Domestic Violence Law: A Critical Review, Donna Coker Jan 2001

Crime Control And Feminist Law Reform In Domestic Violence Law: A Critical Review, Donna Coker

Articles

No abstract provided.

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Gender Mainstreaming In Legal And Constitutional Affairs: A Reference Manual For Governments And Other Stakeholders, Christine Chinkin Jan 2001

Gender Mainstreaming In Legal And Constitutional Affairs: A Reference Manual For Governments And Other Stakeholders, Christine Chinkin

Books

This is one of the sectoral guides that are part of the Gender Management System (GMS) resource kit, a series of publications presenting GMS. GMS is an innovative system developed by the Commonwealth Secretariat for gender mainstreaming. The system is a comprehensive network of structures, mechanisms and processes for bringing a gender perspective to bear on all government policies, plans, programmes and projects. The kit consists of a handbook which presents the GMS in detail; sectoral guides to gender mainstreaming in specific sectors; and resource documents to assist the user in gender analysis, monitoring, evaluation and other aspects of gender …

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Why Marriage?, Martha Albertson Fineman Jan 2001

Why Marriage?, Martha Albertson Fineman

Faculty Articles

Reflection on the prospect of varied, individualized possibilities for the meaning of marriage suggests, that in order to answer the question "why marriage?" we must first consider "what marriage?" or more succinctly, "what is marriage?" Questioning what marriage actually is calls attention to the institution's individualized and malleable nature. By contrast, a focus on "why marriage" highlights the societal function and rationale for the institution. I will discuss each question-the "what" as well as the "why" of marriage.

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Identity Crisis: "Intersectionality," "Multidimensionality," And The Development Of An Adequate Theory Of Subordination, Darren L. Hutchinson Jan 2001

Identity Crisis: "Intersectionality," "Multidimensionality," And The Development Of An Adequate Theory Of Subordination, Darren L. Hutchinson

Faculty Articles

This Article arises out of the intersectionality and post-intersectionality literature and makes a case against the essentialist considerations that informed HRC's endorsement of D'Amato. Part I discusses the pitfalls that occur when scholars and activists engage in essentialist politics and treat identities and forms of subordination as conflicting forces. Part II examines how essentialism negatively affects legal theory in the equality context. Part III considers the historical motivation for and the efficacy of the "intersectionality" response to the problem of essentialism. Part III also extensively analyzes the "multidimensional" critiques of essentialism offered by the most recent school of thought in …

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From Difference To Dominance To Domesticity: Care As Work, Gender As Tradition, Joan C. Williams Jan 2001

From Difference To Dominance To Domesticity: Care As Work, Gender As Tradition, Joan C. Williams

Faculty Scholarship

No abstract provided.

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Gender And Legal Writing: Law Schools’ Dirty Little Secrets, Kathryn M. Stanchi, Jan M. Levine Jan 2001

Gender And Legal Writing: Law Schools’ Dirty Little Secrets, Kathryn M. Stanchi, Jan M. Levine

Scholarly Works

While great strides have been made by legal writing professors in the past two decades, many law schools-perhaps most accurately, many law school deans-try to avoid the investments needed to provide their students with professional, high-quality instruction in legal research and legal writing. Law professors, including women law professors, have reacted to their deans' decisions to maintain the status quo largely by quiet acquiescence- although in some cases they openly support that stance. Legal writing seems to be just too hard, and too demanding in time and energy, to be taught by doctrinal law professors, most of whom are men …

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