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Law and Gender Commons™

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2007

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Articles 61 - 90 of 172

Full-Text Articles in Law and Gender

Preserving The Seeds Of Gender Fluidity: Tribal Courts And The Berdache Tradition, Andrew Gilden Jan 2007

Preserving The Seeds Of Gender Fluidity: Tribal Courts And The Berdache Tradition, Andrew Gilden

Michigan Journal of Gender & Law

This Article outlines the particular cultural characteristics giving rise to traditional berdachism, the means by which American policies fostered their decline, and the Navajo tribal courts' re-infusion of these characteristics into contemporary jurisprudence. By tracking the interplay between the traditional values of child autonomy, gender equality, and tribal collectivism, the rise, fall and potential reemergence of the berdache tradition can be analyzed as resulting from shifts in its determinative cultural elements.

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Refusal To Dispense Emergency Contraception In Washington State: An Act Of Conscience Or Unlawful Sex Discrimination?, Dana E. Blackman Jan 2007

Refusal To Dispense Emergency Contraception In Washington State: An Act Of Conscience Or Unlawful Sex Discrimination?, Dana E. Blackman

Michigan Journal of Gender & Law

This Article will demonstrate that a pharmacist's refusal to fill a valid prescription for emergency contraception constitutes sex discrimination and violates the WLAD. Part I explains the nature and function of emergency contraceptive pills (ECPs) as well as their role in basic health care for women and the importance of their accessibility. Part II addresses federal civil rights protections and the failure of these protections to provide relief for women facing refusals. Focusing on the WLAD, Part II also explains how state public accommodation statutes protect women from discrimination in places of public accommodation. It further sets forth the prima …

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Toward A Third-Wave Feminist Legal Theory: Young Women, Pornography And The Praxis Of Pleasure, Bridget J. Crawford Jan 2007

Toward A Third-Wave Feminist Legal Theory: Young Women, Pornography And The Praxis Of Pleasure, Bridget J. Crawford

Michigan Journal of Gender & Law

Part I of this Article explores the general themes of third-wave feminist writings. The Article begins with an overview of third-wave feminist literature and its predominant concerns. These concerns are (1) dissatisfaction with earlier feminists; (2) the multiple nature of personal identity; (3) the joy of embracing traditional feminine appearance and attributes; (4) the centrality of sexual pleasure and sexual self-awareness; (5) the obstacles to economic empowerment; and (6) the social and cultural impact of media and technology. Textual analysis reveals third-wave feminists' reliance on non-legal tools for remedying gender inequality. Although third-wave feminists acknowledge the law's role in women's …

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Seeking Integral Reparations For The Murders And Disappearances Of Women In Ciudad Juárez: A Gender And Cultural Perspective, Jorge Calderón Gamboa Jan 2007

Seeking Integral Reparations For The Murders And Disappearances Of Women In Ciudad Juárez: A Gender And Cultural Perspective, Jorge Calderón Gamboa

Human Rights Brief

No abstract provided.

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Title Ix - Two For One: A Starter Kit Of The Law And A Snapshot Of Title Ix's Impact, Linda Jean Carpenter, R. Vivian Acosta Jan 2007

Title Ix - Two For One: A Starter Kit Of The Law And A Snapshot Of Title Ix's Impact, Linda Jean Carpenter, R. Vivian Acosta

Cleveland State Law Review

This article first examines the creation of Title IX legislation. Then the article argues that " Title IX has had a massive impact on America's sport programs. But the debate continues, and perhaps will always continue, as long as there is inadequate funding to make the achievement of equity easy; as long as powerful members of one sex view exclusive access to sport as their chromosomal birth right; as long as administrators favor one sport over providing the benefits of athletics participation to a broader proportion of the student body; as long as the cake is not cut evenly."

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The Use Of Drug Testing To Police Sex And Gender In The Olympic Games, Haley K. Olsen-Acre Jan 2007

The Use Of Drug Testing To Police Sex And Gender In The Olympic Games, Haley K. Olsen-Acre

Michigan Journal of Gender & Law

Part I of this Article discusses the history and development of sex testing and drug testing and argues that the two are both historically and ideologically linked. Part II examines the current Code in detail and argues that the Code's focus on hormone-based controls acts to police sex and gender in Olympic athletes, thereby extending historical sex testing practices to a new era. This Article ultimately concludes that without recognizing and addressing the need for further research into the role of "sex" hormones in the body and the interplay of social context and biological circumstances, the IOC cannot maintain an …

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The Trial Of Susan B. Anthony For Illegal Voting, Douglas O. Linder Jan 2007

The Trial Of Susan B. Anthony For Illegal Voting, Douglas O. Linder

Faculty Works

More than any other woman of her generation, Susan B. Anthony saw that all of the legal disabilities faced by American women owed their existence to the simple fact that women lacked the vote. When Anthony, at age 32, attended her first woman's rights convention in Syracuse in 1852, she declared that the right which woman needed above every other, the one indeed which would secure to her all the others, was the right of suffrage. Anthony spent the next fifty-plus years of her life fighting for the right to vote. She would work tirelessly: giving speeches, petitioning Congress and …

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Forward, Rebecca Green, Lauren Whittemore Jan 2007

Forward, Rebecca Green, Lauren Whittemore

UC Law SF Journal on Gender and Justice

No abstract provided.

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Trans-Phobia And The Relational Production Of Gender, Elaine Craig Jan 2007

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.

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Sex, Trust, And Corporate Boards, Joan Macleod Heminway Jan 2007

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. …

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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 Jan 2007

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, …

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Babes And Beefcake: Exclusive Hiring Arrangements And Sexy Dress Codes, Ann C. Mcginley Jan 2007

Babes And Beefcake: Exclusive Hiring Arrangements And Sexy Dress Codes, Ann C. Mcginley

Scholarly Works

Las Vegas casinos exclusively hire women to serve cocktails on the casino floor, dressing them in tight-fitting, sexy, uncomfortable costumes and high heels. The exclusive hiring of women as cocktail servers violates Title VII's prohibition against sex discrimination unless the employer can demonstrate that being a woman is a bona fide occupational qualification ("BFOQ") for the job of cocktail server. Sitting en banc, the Ninth Circuit Court of Appeals recently decided Jespersen v. Harrah's Operating Co., which concluded that sex-differentiated appearance and grooming codes are legal in jobs held by both men and women unless they impose unequal burdens on …

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Dealing With Harrassment In All Of Its Forms, Michael T. Zugelder, Paul J. Champagne, Steven D. Maurer Jan 2007

Dealing With Harrassment In All Of Its Forms, Michael T. Zugelder, Paul J. Champagne, Steven D. Maurer

Finance Faculty Publications

Workplace harassment in its many forms presents an increasingly serious challenge for employers, in terms of legal liability and its potential negative effect on employee behavior. This article reviews workplace harassment with attention to the affirmative defense that the Supreme Court has authorized and the factors the courts have considered in deciding whether the defense has been established. That analysis in turn is applied to a discussion of specific actions organizations might take to prevent harassment and create a more positive and effective organizational environment.

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Who Was That Mother's Son, Alan Laird Jan 2007

Who Was That Mother's Son, Alan Laird

UC Law SF Journal on Gender and Justice

No abstract provided.

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I Had A Dream, J. K. D. Jan 2007

I Had A Dream, J. K. D.

UC Law SF Journal on Gender and Justice

No abstract provided.

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Improperly Performed Abortion As Fetal Homicide: An Uneasy Coexistence Becomes More Difficult, Laura E. Back Jan 2007

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 …

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Big Love: Is Feminist Polygamy An Oxymoron Or A True Possibility, Michele Alexandre Jan 2007

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 …

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Forward, Lauren Whittemore, Rebecca Green Jan 2007

Forward, Lauren Whittemore, Rebecca Green

UC Law SF Journal on Gender and Justice

No abstract provided.

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Guatemala's Femicides And The Ongoing Struggle For Women's Human Rights: Update To Cgrs's 2005 Report Getting Away With Murder, Katharine Ruhl Jan 2007

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 …

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Eviction, Discrimination, And Domestic Violence: Unfair Housing Practices Against Domestic Violence Survivors, Kristen M. Ross Jan 2007

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 …

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A Literate Dyslexic, M. L. Fraser Jan 2007

A Literate Dyslexic, M. L. Fraser

UC Law SF Journal on Gender and Justice

No abstract provided.

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Marital Rape: A Unique Blend Of Domestic Violence And Non-Marital Rape Issues, Morgan Lee Woolley Jan 2007

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 …

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A National Putative Father Registry, Wells Conference On Adoption Law, Mary M. Beck Jan 2007

A National Putative Father Registry, Wells Conference On Adoption Law, Mary M. Beck

Faculty Publications

This Article will discuss the mechanics of putative father registries, review jurisdictional issues, analyze the policies behind their development, and review relevant case law over the last 5 years.

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The Detention, Confinement, And Incarceration Of Pregnant Women For The Benefit Of Fetal Health, April L. Cherry Jan 2007

The Detention, Confinement, And Incarceration Of Pregnant Women For The Benefit Of Fetal Health, April L. Cherry

Law Faculty Articles and Essays

Section One of this Article discusses the effect of drug policy on the detention and confinement of pregnant women. This section also outlines three types of "fetal protection measures" that result in the detention, confinement, or incarceration of pregnant women in the name of fetal health and examines the legal rationales behind these mechanisms. Section One then questions whether detention is an effective way to reach the state's articulated goal of better fetal outcomes. Section Two offers a discussion of the constitutional rights at issue. This section addresses the ways in which detention violates two essential components of women's rights: …

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Worth Fighting For: Thirty-Five Years Of Title Ix Advocacy In The Courts, Congress And The Federal Agencies, Marcia D. Greenberger, Neena K. Chaudhry Jan 2007

Worth Fighting For: Thirty-Five Years Of Title Ix Advocacy In The Courts, Congress And The Federal Agencies, Marcia D. Greenberger, Neena K. Chaudhry

Cleveland State Law Review

This article focuses on Title IX and women's continuing struggle to secure equal opportunity on the playing fields. But athletics is not unique. Indeed, the lessons of Title IX in athletics, its importance to women and girls, and how the law has been shaped over the years by advocacy in each branch of government, apply to all the fields of endeavor that still remain only partially available to the young women of this nation. Women and girls continue to lag behind in the STEM (science, technology, engineering and math) fields, remain clustered in “traditionally female” programs such as cosmetology that …

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Title Ix As Pragmatic Feminism, Deborah L. Brake Jan 2007

Title Ix As Pragmatic Feminism, Deborah L. Brake

Cleveland State Law Review

This article examines Title IX as an example of a pragmatic approach to theory, and argues that pragmatic feminism is an approach that holds promise for feminists grappling with the complexity of gender oppression. Part II briefly examines pragmatism as an alternative to foundational theory and considers pragmatism's relationship to feminist legal theory. Part III explores the many forms and iterations of gender subordination in sports. Calls for a consistent, unifying theory of Title IX cannot account for the shifting nature and multiplicity of social and institutional practices that subordinate women in sports. These varied forms of subordination necessitate a …

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Diversity On The Bench And The Quest For Justice For All, Theresa M. Beiner Jan 2007

Diversity On The Bench And The Quest For Justice For All, Theresa M. Beiner

Law Faculty Scholarship

No abstract provided.

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Sexy Dressing Revisited: Does Target Dress Play A Part In Sexual Harassment Cases?, Theresa M. Beiner Jan 2007

Sexy Dressing Revisited: Does Target Dress Play A Part In Sexual Harassment Cases?, Theresa M. Beiner

Law Faculty Scholarship

No abstract provided.

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A Moratorium On Intersex Surgeries?: Law, Science, Identity, And Bioethics At The Crossroads, Laura Hermer Jan 2007

A Moratorium On Intersex Surgeries?: Law, Science, Identity, And Bioethics At The Crossroads, Laura Hermer

Faculty Scholarship

Should the law prevent all parents and guardians from requesting and consenting to cosmetic genital surgeries on children with certain intersex conditions before the children are mature enough to decide the matter for themselves? While such surgeries ought not to be encouraged, banning the surgeries altogether, as some advocate, would hobble, if not eliminate, the burgeoning scientific investigation of the best treatment practices for different intersex conditions. It would also remove a surgical option that, according to data in a number of studies, has resulted in subjectively satisfactory outcomes for many patients.

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Transphobia And The Relational Production Of Gender, Elaine Craig Jan 2007

Transphobia And The Relational Production Of Gender, Elaine Craig

Articles, Book Chapters, & Popular Press

Knowing one's place in the social order, whether that place is one of relative privilege or not, serves two psychologically ameliorative functions. It relieves one from the “anxiety of [gender] identity interrogation” and it helps to inform one as to the socially agreed upon, acceptable conduct for interpersonal exchanges--the episteme of social interaction. This Paper will demonstrate that gender identity is produced through relational, contextually influenced, interpretative processes. Because gender is constructed in societies which strongly embrace static, binary conceptions of gender, and in which social, familial, occupational, and sexual *139 interactions are heavily influenced by gendered social scripts, gender …

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