Law and Gender Commons^™

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.

Crime Logic, Campus Sexual Assault, And Restorative Justice, Donna Coker

Articles

No abstract provided.

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.

Will It Ever Be 50/50?: Diversity And Gender In The Law Firm And On Corporate Boards, Kathleen Killin

Osgoode Legal Studies Research Paper Series

Today, women account for 50% of graduates from university programs in Canada and abroad. Traditional gender roles are a growing “thing of the past” with women taking on more responsibility and leadership positions within law and business. However, a gap still remains between the sexes in partner track and directorships. This paper explores regulatory bodies, both in law and finance, which have voiced for change and sparked conversation to bridge this gap. As one will find, major successes have occurred in recent years, however a commitment must be maintained in order to continue to advance gender diversity in law and …

The Global Struggle For Lgbtq Rights: Legal, Political, And Social Dimensions, Macarena Saez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Gendering Civil Liberties And Gendering Dissent: An Introduction, Charis Kamphuis, Sonia Lawrence, Estair Van Wagner, Cara F. Zwibel

Articles & Book Chapters

No abstract provided.

Abortion, Informed Consent, And Regulatory Spillover, Katherine A. Shaw, Alex Stein

Indiana Law Journal

The constitutional law of abortion stands on the untenable assumption that any state’s abortion regulations impact citizens of that state alone. On this understand-ing, the state’s boundaries demarcate the terrain on which women’s right to abortion clashes with state power to regulate that right.

This Article uncovers a previously unnoticed horizontal dimension of abortion regulation: the medical-malpractice penalties imposed upon doctors for failing to inform patients about abortion risks; the states’ power to define those risks, along with doctors’ informed-consent obligations and penalties; and, critically, the possi-bility that such standards might cross state lines. Planned Parenthood v. Casey and other …

The Health Exception, Monica E. Eppinger

All Faculty Scholarship

The abortion doctrine laid out in Roe v. Wade permits a procedure necessary to preserve the life or the health of the pregnant woman, setting out what has come to be called the “life exception” and the “health exception.” This Article investigates the background and antecedents of the health exception, identifying three periods of formation and change up to the drafting of the Model Penal Code in 1959. It argues that theories of health lie at the heart of legal doctrine, shaping common-law treatment of abortion and persisting in nineteenth- and twentieth-century statutes. This account reveals origins of a health …

Once We're Done Honeymooning: Obergefell V. Hodges, Incrementalism, And Advances For Sexual Orientation Anti-Discrimination, Jeremiah A. Ho

All Faculty Scholarship

Undoubtedly, the Supreme Court’s marriage equality decision in Obergefell v. Hodges is the watershed civil rights decision of our time. Since U.S. v. Windsor, each recent victory for same-sex couples in the federal courts evidenced that the legal recognition of same-sex marriages in the U.S. was becoming increasingly secure. Meanwhile, momentum was growing for the visibility of sexual minorities nationally. Yet, is marriage equality the last stop in the pro-LGBTQ movement, or should we expect sexual minorities to advance in other legal arenas? Should we expect that the recent strides in marriage equality from Windsor to Obergefell can somehow leverage …

Judging Identity, Carla Pratt

Faculty Articles

No abstract provided.

Legal Recognition Of Same-Sex Relationships: New Possibilities For Research On The Role Of Marriage Law In Household Labor Allocation, Deborah A. Widiss

Articles by Maurer Faculty

Research comparing the relative significance of economic exchange theories and gender norms on parents’ division of income-producing and domestic responsibilities often fails to consider sufficiently the role that marriage may play. This article shows that, in the United States, numerous aspects of state and federal law relating to marriage encourage spouses to specialize in distinct breadwinning and caretaking roles. Same-sex marriage offers new opportunities to assess the importance of marriage in household labor allocation decisions while controlling for gender. For any data gathered before June 2015, however, it may be distorting to characterize same-sex couples as simply “married” or “un-married”; …

Lgbt Law Notes, Arthur S. Leonard

Other Publications

No abstract provided.

Resistance On Bathrooms, Marriage Sparks Flood Of Litigation, Arthur S. Leonard

Other Publications

No abstract provided.

The Presidential Election And Lgbt Law, Arthur S. Leonard

Other Publications

No abstract provided.

The Criminalization Of Title Ix, Erin R. Collins

Law Faculty Publications

This essay proceeds in three parts. Part I provides a brief overview of the history of feminist-influenced criminal rape law reform and the rise of carceral feminism. Part II demonstrates how key tenets of the criminal law approach have been imported into emerging Title IX policies. Part III engages in a brief distributional analysis to identify who benefits and who loses from this approach. Then, drawing on insights from critical feminist critiques of rape law reform, begins to identify ways to use the opportunity Title IX presents to craft a very different kind of response to sexual assault--one that focuses …

Stories Of Teaching Race, Gender, And Class: A Narrative, Brenda V. Smith

Scholarly Articles in Law Reviews & Journals

This Essay arises out of the keynote speech that I gave at the New England Clinical Conference at Harvard Law School in November 2015. The conference theme was, “Teaching Race, Gender and Class: Learning from Our Students, Communities and Each Other.” The primary planners and hosts for the conference were clinical teachers and programs in the Northeast, but participants came from around the country to talk about the importance of addressing race, gender and class in this moment of black lives mattering. They wanted to talk about the way that these issues of race, gender and class had always been …

Just Jobs, Anita Bernstein

University of Baltimore Law Review

Activists who pursue gender justice in the United States have always focused on work, both the paid and unpaid kind. In her magisterial Sex Equality, Catharine MacKinnon chose "Work" as her first section, or illustrative locus, in the chapter titled "Sex and Sexism."' At the workplace, MacKinnon wrote, begins "the mosttraveled terrain" of sex equality law.2 Unpaid work fills the waking hours of most women. Women's labor makes the domestic economies of nation-states possible, even though it continues almost entirely uncounted in measurements of national output.' Injustices in both categories of work, the paid and unpaid, buttress each other.4

Mindful …

Introduction, Special Issue: Feminist Legal Theory, Maxine Eichner, Clare Huntington

Faculty Scholarship

No abstract provided.