A Title Ix Conundrum: Are Campus Visitors Protected From Sexual Assault?,
2018
California Western School of Law
A Title Ix Conundrum: Are Campus Visitors Protected From Sexual Assault?, Hannah Brenner
Faculty Scholarship
Sexual violence is a significant and longstanding problem on college campuses that has been made even more visible by recent media attention to the #MeToo movement. Title IX of the Education Amendments of 1972 addresses discrimination (including sexual violence) that impedes access to education; the law demands compliance from federally funded schools related to their prevention of and response to this problem. The U.S. Supreme Court has interpreted the law to contain an implied private right of action that can be brought against a school for its deliberate indifference to severe and pervasive sex discrimination about which it has knowledge. …
Analyzing The Disappearance Of Women’S Surnames And The Retrenchment Of Their Political-Legal Status In Early Modern England,
2018
UC Law SF
Analyzing The Disappearance Of Women’S Surnames And The Retrenchment Of Their Political-Legal Status In Early Modern England, Deborah Anthony
UC Law SF Journal on Gender and Justice
Multiple economic and political developments appear to have jointly contributed to the constriction of women’s surnames throughout history, including feudalism, the English common law, capitalism, colonialism and imperialism, and the development of the nation-state and its attendant concept of citizenship. While history generally moves in a positive direction, principles of coverture and female legal impotence appear to have in some ways become increasingly restrictive, with women’s surnames as one indication of that. Viewing the use of women’s surnames in terms of their effects on women, reveals the ways in which surname usage wrought a new formal exclusiveness and subordination of …
No Justice For Guatemalan Women: An Update 20 Years After Guatemala’S First Violence Against Women Law,
2018
UC Law SF
No Justice For Guatemalan Women: An Update 20 Years After Guatemala’S First Violence Against Women Law, Héctor Ruiz
UC Law SF Journal on Gender and Justice
This article is a report update examining the development and implementation of violence against women laws in Guatemala. In 2015, the Center for Gender and Refugee Studies, accompanied by U.C. Hastings, College of the Law professors and students, including the author, went to Guatemala and met with various agencies who work to combat violence against women. This report summarizes the study’s findings, in addition to offering recommendations to the Guatemalan and United States governments on how to protect women and children in Guatemala from gender-based violence.
Street Harassment: The Need For Criminal Remedies,
2018
UC Law SF
Street Harassment: The Need For Criminal Remedies, Sonja Arndt
UC Law SF Journal on Gender and Justice
This article shines light on the lack of street harassment laws in the United States, while outlining why there is an immediate need for these types of laws. The author seeks to develop a working legal definition of street harassment, while subcategorizing street harassment into three separate categories: catcalling, verbal sexual harassment, and verbal sexual assault. Lastly, the author puts forth a legal proposal which would criminalize verbal sexual harassment and verbal sexual assault.
“The World Is Changing Fast, And Women Will Be On Top”,
2018
UC Law SF
“The World Is Changing Fast, And Women Will Be On Top”, Hastings Women’S Law Journal
UC Law SF Journal on Gender and Justice
Rep. Sam Farr represented the Central Coast of California in the U.S. House of Representatives for 23 years. During his time in Congress, he was given the unique opportunity to visit foreign countries and captured photos along the way. Rep. Farr shares three photos of women abroad, while also providing a short interview with Hastings Women’s Law Journal.
The Legal Implications Under Federal Law When States Enact Biology-Based Transgender Bathroom
Laws For Students And Employees,
2018
UC Law SF
The Legal Implications Under Federal Law When States Enact Biology-Based Transgender Bathroom Laws For Students And Employees, Marka B. Fleming, Gwendolyn Mcfadden-Wade
UC Law SF Journal on Gender and Justice
Recently, numerous states have considered enacting transgender bathroom laws based on the individual’s biological sex. In some cases, when these biology-based laws have been enacted, the results have been lawsuits filed by students and employees claiming violations of Title IX and Title VII. Actually, the legal rights of transgender students and employees when using public restrooms or facilities has become a hot topic of debate in recent times. In addressing this hotly debated topic, this article focuses on the transgender bathroom issue at the state level and provides insight into the attempts by states to turn policy into law. First, …
Shackling Women During Labor: A Closer Look At The Inhume Practice Still Occurring In Our Prisons,
2018
UC Law SF
Shackling Women During Labor: A Closer Look At The Inhume Practice Still Occurring In Our Prisons, Amanda Glenn
UC Law SF Journal on Gender and Justice
Despite legislation and policy to prevent such things from happening, incarcerated pregnant women are still being shackled and restrained when they give birth in prison. Shackling women during childbirth creates risks for both mother and child, and is completely unnecessary to ensure the safety of prison or heath personnel. This note reviews the rules and policies in place on both the federal and state level and highlights several personal stories of women who have been restrained, even when rules prohibiting the use of shackles are on the books. This note also emphasizes the gaps in the law and suggests the …
Police, Heroes, And Child Trafficking: Who Cries When Her Attacker Wears Blue?, 18 Nev. L.J. 1007 (2018),
2018
John Marshall Law School
Police, Heroes, And Child Trafficking: Who Cries When Her Attacker Wears Blue?, 18 Nev. L.J. 1007 (2018), Samuel Vincent Jones
UIC Law Open Access Faculty Scholarship
No abstract provided.
Foreword,
2018
UC Law SF
Thank You Harvey Weinstein,
2018
UC Law SF
Thank You Harvey Weinstein, Rochelle Dornatt
UC Law SF Journal on Gender and Justice
After spending 35 years working on the Hill for Congress, Ms. Dornatt reflects upon the sexual harassment she witnessed firsthand, while examining the strides women have taken to put an end to workplace sexual harassment. Witnessing a significant turn of events after the Harvey Weinstein event in October 2017, Ms. Dornatt breathes hope into ending workplace sexual harassment, and calls upon men to join women in ensuring it stops.
Employment Status Of Uber And Lyft Drivers: Unsettlingly Settled,
2018
UC Law SF
Employment Status Of Uber And Lyft Drivers: Unsettlingly Settled, Jillian Kaltner
UC Law SF Journal on Gender and Justice
Uber and Lyft drivers are part of a vast pool of workers in the new economy who exist in the legal grey area between independent contractors and employees. Because these workers are currently classified as independent contractors, they are without the protections and benefits that are guaranteed to employees by law. This note delineates the work risks facing Uber and Lyft drivers and various approaches scholars have used to attempt to address their employment status. It analyzes the driver’s employment status using the widely accepted Economic Realities test, and discusses the roadblocks these workers will likely face on the road …
The First Pride Was A Riot: How Queer Activism Has Partnered With Police To Hurt The Community’S Most Vulnerable,
2018
UC Law SF
The First Pride Was A Riot: How Queer Activism Has Partnered With Police To Hurt The Community’S Most Vulnerable, Delaney Nevius
UC Law SF Journal on Gender and Justice
Summarizing the history and development of queer rights activism in San Francisco, this article reflects upon the legal goals of the queer community in San Francisco from 1960 to the present, observing a movement away from law enforcement resistance and towards collaboration and placing the community’s most vulnerable, queer people of color, at risk. The author outlines and problematizes three potential legal goals for the queer community moving forward: a constitutional claim of police misconduct, hate crime legislation, and police reform tactics.
I Don’T Understand,
2018
UC Law SF
I Don’T Understand, Ryan Khojasteh
UC Law SF Journal on Gender and Justice
A poem expressing confusion and frustration at the lack of action taken by legislators to ensure women’s rights and an end to gun violence.
Foreword,
2018
UC Law SF
Courts Rule Too Narrowly Regarding The Right To Wear Religious Clothing In Public,
2018
UC Law SF
Courts Rule Too Narrowly Regarding The Right To Wear Religious Clothing In Public, Kendyl L. Green
UC Law SF Journal on Gender and Justice
For numerous years, state and institutional rules have barred individuals from wearing religious clothing. Specifically, this issue has arisen in the military, the workplace, police departments, prisons, and public schools. Wearing religious clothing, particularly head coverings, is a vital aspect of Judaism, Islam, and Sikhism. The United States Constitution upholds the right to religious liberty in the First and Fourteenth Amendments. Additionally, the Religious Freedom and Restoration Act of 1993 (RFRA), Title VII of the Civil Rights Act of 1964, and the Religious Land Use and Institutionalized Persons Act (RLUIPA) statutes also protect religious freedom. Below, cases are examined that …
Romance Or Sexual Assault? Ambiguity Of Sexual Consent In The Media And How Yes Means Yes Legislation Can Help,
2018
UC Law SF
Romance Or Sexual Assault? Ambiguity Of Sexual Consent In The Media And How Yes Means Yes Legislation Can Help, Courtney Anne Groszhans
UC Law SF Journal on Gender and Justice
Before the reckoning of Me Too and the Time's Up Movement, legislation was being passed trying to prevent the numbers of sexual assault on college campuses with the Yes Means Yes legislation. Yes Means Yes Legislation often received the critique that people would have to sign a contract before engaging in sexual activity. However, upon reflection, a part of why Yes Means Yes sounds so severe is the American public is bombarded with an idea of romance in Hollywood movies that are arguably non-consensual and could be viewed as illegal depending on the targeted audience. Below these messages are further …
De Facto Parent And Non Parent Child Support Orders,
2018
Northern Illinois University College of Law
De Facto Parent And Non Parent Child Support Orders, Jeffrey A. Parness, Matthew Timko
American University Law Review
No abstract provided.
Removing State Constitution Badges Of Inferiority,
2018
Drake University Law School
Removing State Constitution Badges Of Inferiority, Allan W. Vestal
Lewis & Clark Law Review
Our state constitutions contain archaic, ineffective, and unnecessary provisions that assign badges of inferiority to some citizens. Using Thomas Jefferson’s standard for when constitutional imperfections justify amendment, this Article identifies two groups of clauses. The first are provisions that were substantially exclusionary as enacted and relate to unconstitutional practices. Included are provisions relating to religious tests for public office, segregated schools, bars to marriage equality, and religious tests for witness competency. The second group are provisions that were symbolically exclusionary as enacted and are redolent of a prejudiced history. Examples involve the use of gendered language, clauses which make inappropriate …
“Sex” Is Messy (And Always Has Been): A Textualist Argument For Application Of Title Vii To Sexual Orientation Discrimination,
2018
Lewis & Clark Law School
“Sex” Is Messy (And Always Has Been): A Textualist Argument For Application Of Title Vii To Sexual Orientation Discrimination, Rebecca J. Ok
Lewis & Clark Law Review
Three recent cases have created a circuit split as to whether Title VII’s prohibition on discrimination “because of . . . sex” applies to sexual orientation discrimination, priming this issue for Supreme Court review. Events suggesting a textualist turn on the Supreme Court mean the advocate must consider whether a textualist argument can be made for application of Title VII to sexual orientation discrimination. Treatment of the topic of sexual orientation by the medical community, the commercial film industry, and the mainstream news media in the 1960s is examined. It is argued that treatment of the topic of sexual orientation …
Gender Identity And Domestic Legal Status,
2018
Georgia State University College of Law
Gender Identity And Domestic Legal Status, Margaret Butler
Faculty Publications By Year
No abstract provided.
