Law and Gender Commons^™

Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos

Michigan Journal of Gender & Law

Imagine that a close friend is raped, and you encourage her to report it to the police. At first, she thinks that the police are taking her report seriously, but the investigation does not seem to move forward. The next thing she knows, they accuse her of lying and ultimately file charges against her. You and your friend are in shock; this outcome never entered your minds. This nightmare may seem inconceivable, but it has in fact occurred repeatedly in both the United States and Britain—countries that are typically lauded for their high levels of gender equality. In Britain, where …

Towards Reasonable: The Rise Of State Pregnancy Accommodation Laws, Stephanie A. Pisko

Michigan Journal of Gender & Law

In light of the recent Supreme Court decision Young v. UPS, pregnancy accommodation in the workplace is once again at the forefront of employment law. Pregnancy is not considered a disability under the ADA, nor is it within the scope of Title VII protections, but states are passing their own pregnancy accommodation laws. These laws will affect employers and employees alike, but exactly how is uncertain. Perhaps the most natural (and obvious) result of the explosion of state pregnancy accommodation laws will be a federal law, or an amendment to the ADA categorizing pregnancy as a disability. But there …

The Incest Horrible: Delimiting The Lawrence V. Texas Right To Sexual Autonomy, Y. Carson Zhou

Michigan Journal of Gender & Law

Is the criminalization of consensual sex between close relatives constitutional in the wake of Lawrence v. Texas and Obergefell v. Hodges? Justice Scalia thought not. The substantive due process landscape has changed dramatically in response to the LGBTQ movement. Yet, when a girl in a sexual relationship with her father recently revealed in an anonymous interview with New York Magazine that they were planning to move to New Jersey, one of the only two states where incest was legal, the New Jersey legislature introduced with unprecedented speed a bill criminalizing incest. But who has the couple harmed? The very …

University Of Baltimore School Of Law Center On Applied Feminism's 8th Annual Feminist Legal Theory Conference On Applied Feminism And Work: Keynote Speaker Chai Feldblum, Commissioner, Equal Employment Opportunity Commission, Chai Feldblum

University of Baltimore Law Review

Chai Feldblum:

I'm thrilled to be here. I can't say how cool it is to be at a law school that has a Center on Applied Feminism. How many law schools have that? And given, as you heard, I'm a commissioner at the Equal Employment Opportunity Commission that cares about having fair and just work, to be at a conference on applied feminism and work.

This is also an important year for the Commission itself. Fifty years ago, in July, our Commission opened its doors for the first time and started to help implement Title VII of the Civil Rights …

Millenial Feminisms: How The Newest Generation Of Lawyers May Change The Conversation About Gender Equality In The Workplace, Meghan M. Boone

University of Baltimore Law Review

Much has been written about the "Millennial generation" and how they are re-shaping the modem workplace, including the legal profession. This body of literature ranges from heralding the Millennial generation as the vanguard for a new age of optimistic, creative team-players, to decrying Millennials as technology-obsessed, entitled, and lazy. Because Millennials have only recently begun to enter the legal profession en masse, the question of how Millennials will change the modem legal profession is still an open one-although one that has already attracted considerable attention. Less attention, however, has been paid to how Millennials unique approach to their professional lives …

Using The Nfl As A Model? Considering Zero Tolerance In The Workplace For Batterers, Deseriee A. Kennedy

University of Baltimore Law Review

"Domestic abuse is a workplace issue. '

The impact of domestic violence can increasingly be felt in the workplace, and it can adversely affect the safety and productivity of employees. Legislators and employers have begun to recognize the effect of domestic violence on employment, and many have adopted policies to protect the interests of domestic violence survivors. This article suggests that wider adoption of domestic violence policies are needed and these policies should be broadened to directly address batterers in the workplace. The article argues that employer based sanctions would increase batterer accountability and workplace safety. It uses the newly …

The Matthew Shepard And James Byrd, Jr., Hate Crimes Prevention Act: A Criminal Perspective, Meredith Boram

University of Baltimore Law Review

[H]ate crimes ... leave deep scars not only on the victims, but on our larger community. They weaken the sense that we are one people with common values and a common future. They tear us apart when we should be moving closer together. They are acts of violence against America itself.. . As part of our preparation for the new century, it is time for us to mount an all-out assault on hate crimes, to punish them swiftly and severely, and to do more to prevent them from happening in the first place. We must begin with a deeper understanding …

Blind Justice: The Need To Introduce Diverse Perspectives Into Our Legal System, Edward H. Richardson

University of Baltimore Law Review

Peggy Young was finally pregnant. This was the third time that she attempted in vitro fertilization. The first time, in 2005, the procedure was successful, but Young suffered a miscarriage. The second attempt at in vitro fertilization, in February 2006, failed. The third round, in July of 2006, was a success. Each time that Young underwent an in vitro fertilization attempt, she requested, and received, a leave of absence from her job at United Parcel Service (UPS).

But what should have been a joyous occasion-a pregnancy resulting in the birth of Young's daughter Triniti- turned into a battle with UPS …

Permitting Abused Spouses To Claim The Earned Income Tax Credit In Separate Returns, Fred B. Brown

All Faculty Scholarship

The earned income tax credit (EITC) is a refundable tax credit for federal income tax purposes that is generally available to lowincome taxpayers who have income from either employment or selfemployment. The EITC is currently the largest government program providing aid to low-income individuals. The subsidy provided by the EITC is of particular importance to individuals subjected to domestic abuse, given that such individuals are often impoverished, and the EITC can provide them with the financial resources necessary to improve, endure, or leave an abusive relationship.

Despite the importance of the EITC, married individuals subjected to domestic abuse face serious …

Portlandia, Ridesharing, And Sex Discrimination, Ari Herbert

Michigan Law Review Online

This Essay discusses and assesses the legal hurdles that See Jane Go and SafeHer may face. Part I of this Essay explains how the plain text of Title VII and the pertinent Equal Employment Opportunity Commission (EEOC) guideline can fairly be read either to allow or condemn See Jane Go and SafeHer’s hiring practices. Part II then highlights precedent that supports See Jane Go’s and SafeHer’s discriminatory driver–passenger practices. Part III concludes by arguing that the legal system ought to make room for apps like See Jane Go and SafeHer in the current framework.

Scrutinizing Immutability: Research On Sexual Orientation And U.S. Legal Advocacy For Sexual Minorities, Clifford Rosky, Lisa M. Diamond

Utah Law Faculty Scholarship

We review scientific research and legal authorities to argue that the immutability of sexual orientation should no longer be invoked as a foundation for the rights of individuals with same-sex attractions and relationships (i.e., sexual minorities). On the basis of scientific research as well as U.S. legal rulings regarding lesbian, gay, and bisexual (LGB) rights, we make three claims: First, arguments based on the immutability of sexual orientation are unscientific, given what we now know from longitudinal, population-based studies of naturally occurring changes in the same-sex attractions of some individuals over time. Second, arguments based on the immutability of sexual …

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

UC Law SF Journal on Gender and Justice

No abstract provided.

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

UC Law SF Journal on Gender and Justice

No abstract provided.

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

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

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

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

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

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

UC Law SF Journal on Gender and Justice

No abstract provided.

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

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

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

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.

Models Of Invisibility: Rendering Domestic And Other Gendered Violence Visible To Students Through Clinical Law Teaching, Elizabeth L. Macdowell, Ann Cammett

Scholarly Works

The proliferation of university courses about domestic violence includes clinical courses in law schools in which students represent victims in their legal cases. This essay advocates for a broader approach to teaching about the problem. Using examples from their clinic cases, the authors show how teachers can overcome pedagogical challenges and render domestic and other forms of gendered violence, including state and community violence, more visible to students by intentionally raising and placing it within larger frameworks of structural inequality. In this way, students learn to identify and address gendered violence even when it is not the presenting problem.

Domestic Violence And The Politics Of Self-Help, Elizabeth L. Macdowell

Scholarly Works

Self-help programs are conceptualized as alternatives to attorney representation that can help both courts and unrepresented litigants. The rhetoric of self-help also typically includes empowering unrepresented individuals to help themselves. But how do self-help programs respond to litigants’ efforts at self-advocacy? This Article reports findings from a study of courthouse self-help programs assisting unrepresented litigants applying for protection orders. The central finding is that self-help staff members were not neutral in the provision of services despite a professed ethic of neutrality. Using the sociological concept of demeanor, this Article shows that staff members rewarded protection order applicants who conformed to …

Policing And The Clash Of Masculinities, Ann C. Mcginley

Scholarly Works

In 2014 and 2015, the news media inundated U.S. society with reports of brutal killings by police of black men in major American cities. Unfortunately, police departments do not typically keep data on police killings of civilians. The data that exist do show, however, that at least for a five-month period in 2015, there was a disproportionate rate of police killings of unarmed black men.

There is no question that race and class play a key role in the nature of policing that occurs in poor black urban neighborhoods. However, the relationship between police officers and their victims is not …

From Victims To Litigants, Elizabeth L. Macdowell

Scholarly Works

This Article reports findings from an ethnographic study of self-help programs in two western states. The study investigated how self-help assistance provided by partnerships between courts and nongovernmental organizations implicates advocacy and access to justice for domestic violence survivors. The primary finding is that self-help programs may inadvertently work to curtail, rather than expand, advocacy resources. Furthermore, problems identified with self-help service delivery and negative impacts on advocacy systems may be explained by the structure of work within self-help programs and the nature of partnerships to provide self-help services. The Author uncovers previously unseen impacts of self-help programs on survivors …