Law and Gender Commons^™

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 …

Sharing Sexism, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.

Feminism And International Law In The Post 9/11 Era, Jayne C. Huckerby

Faculty Scholarship

No abstract provided.

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.

Same-Sex Harassment After Boh-Brothers, Alex Reed

Utah Law Review

Because Equal Employment Opportunity Commission v. Boh Brothers Construction Company ostensibly represents the first faithful application of the gender-stereotyping theory in the context of same-sex harassment litigation, additional courts may elect to abandon the objective-evidence standard in favor of adopting the Fifth Circuit’s subjective-perception test. Employers, therefore, must resist the temptation to dismiss Boh Brothers as a legal aberration confined to the Fifth Circuit and instead take steps to prepare for the possibility of a legal environment in which overtly masculine men and patently feminine women may assert viable same-sex harassment claims. By eliminating the requirement that harassees exhibit readily …

Same-Sex Marriage Litigation And Children's Right To Be Queer, Clifford Rosky

Utah Law Faculty Scholarship

This essay examines how lawyers and judges have framed the question of children’s queerness in litigation over samesex marriage. First, it argues that in United States v. Windsor and Obergefell v. Hodges, the US Supreme Court invoked the tropes of dignity, injury, and immutability to set the outer limits of sexual liberty for both children and adults. Next, the essay looks back to the early work of queer theorists, legal scholars, and lawyers to unearth a more promising vision of law’s relationship to children’s queerness. By juxtaposing how two judges approached the possibility of the gay child in Utah and …

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 …

Still Not Equal: A Report From The Red States, Clifford Rosky

Utah Law Faculty Scholarship

This chapter considers how the LGBT movement might pursue legal equality — alongside lived equality — now that same-sex couples enjoy the freedom to marry across the United States. In particular, it focuses on the passage of antidiscrimination laws in swing states and red states. While this objective may sound familiar — perhaps even passé — the political dynamics and strategic dilemmas that it presents are unprecedented. As one activist admits, the challenges now facing LGBT people in swing states and red states are “unlike anything we’ve faced before.” The chapter begins by explaining why the LGBT movement is likely …

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.

Address: The Civil Rights Approach To Campus Sexual Violence, Nancy Chi Cantalupo

Faculty Scholarship

No abstract provided.

Gender Bias In The Courtroom: Challenges Confronting Women Litigators And Trial Attorneys, Connie Lee

Student Articles and Papers

This paper examines the gender biases that women trial attorneys and litigators confront in the legal profession. Specifically, this paper analyzes how such biases undermine our legal system by attacking principles of fairness and equity and, consequently, jeopardizing the client's opportunity to be heard and access fair court proceedings.

Sexuality, Disability, And The Law: Beyond The Last Frontier? (2016), Michael L. Perlin, Alison Lynch

Books

Sexuality, Disability, and the Law approaches issues of sexual autonomy and disability from multiple perspectives, including constitutional law, international human rights, therapeutic jurisprudence, history, cognitive psychology, dignity studies, and theories and findings on gender constructs and societal norms. Perlin and Lynch determine that if our society continues to assert that persons with mental disabilities possess a primitive morality, we allow ourselves to censor their feelings and their actions. By denying their ability and desires to show love and affection, we justify this disparate treatment. Our reliance on stereotypes has warped our attitudes and our policies, and has allowed us to …

Women's Interest Network, Rong Kohtz, Jami Mills Vibbert, Sharon M. James

The International Lawyer

No abstract provided.

Deconstructing The Crimeless Gender: Women's Prison Gangs, Emma Burgess Roy

Criminal Law Practitioner

No abstract provided.