Law and Gender Commons^™

Bystander Intervention Policies For Campus Sexual Assault Should Be Framed As Civil Rights Programs, And Made Broadly Applicable To All Protected Class Offenses, Wendy J. Murphy

Utah Law Review

The overarching goal of any campus sexual assault prevention program should be to reduce incidence rates. BIPs may accomplish this result more effectively than other programs because they engage students to become personally involved in actual incidents, thus directly influencing the way students think and feel about sexual assault. By framing BIPs as civil rights programs applicable to all protected class categories, schools ensure that students understand why intervening is appropriate, and underscores that everyone has a stake in promoting and protecting the safety and full equality of all women and girls on every campus.

Quacking Like A Duck? Functional Parenthood Doctrine And Same-Sex Parents, Katharine K. Baker

Chicago-Kent Law Review

This Article unpacks the relationship between the functional parenthood doctrine, constitutionally protected parental autonomy rights and intent-to-parent tests as they are applied in same-sex parenting relationships. It argues that, with the advent of same-sex marriage and second parent adoption, the functional parent doctrine is unnecessary and ultimately counterproductive to anyone interested in expanding legal recognition of non-traditional family forms. The functional parent doctrine asks courts to employ traditional understandings of parenthood (“Who acted like a parent?”) in assigning parental status.

These traditional understandings are usually, if not inevitably, dyadic, heteronormative, genetic, and gendered. In practice, the functional parent doctrine undermines …

The Polarization Of Reproductive And Parental Decision-Making, Jamie R. Abrams

Florida State University Law Review

Women’s abortion and parental decision-making in child rearing are constructed as polarized methods of decision-making in law, politics, and society. Women’s abortion decision-making is understood as myopic and individualistic. Parental decision-making is understood as sacrificial and selfless. This polarization leaves reproductive decision-making isolated, marginalized, and vulnerable while parental decision-making is essentialized, protected, and revered. Both framings are inaccurate and problematic. A unified family decision-making framework that aligns abortion decision-making and parental decision-making reveals that both forms of decision-making are more multi-dimensional, relational, and family-centered than currently understood. This Article exposes the ground to be gained by crossing longstanding boundaries in …

Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

What Prohibition Teaches About Guns And Abortion: How Alcohol Can Save Individual Rights, Jesse D.H. Snyder

UC Law SF Journal on Gender and Justice

The Supreme Court has made numerous decisions regarding the constitutionality of abortion and gun ownership. Both highly cherished individual rights are systematically and consistently litigated. This article will explore how the documented history of Prohibition can be used to save both abortion and gun rights by examining how individual rights impact society as a whole. In addition, this article will examine the impact a oncerecognized right has when it is no longer in place. Prohibition can be used as a mechanism to ensure ongoing protections of these cherished individual rights.

Conflicting Definitions Of Sexual Assault And Consent: The Ramifications Of Title Ix Male Gender Discrimination Claims Against College Campuses, Tyra Singleton

UC Law SF Journal on Gender and Justice

Sexual assault is pervasive on college campuses across the country. Title IX mandates that school’s receiving federal funding protect student victims of sexual assault. Some campuses have gone further than the Title IX requirements and have created internal policies that are stacked against the accused and potentially reach the level of violating the accused’s constitutional rights. This note examines how Title IX has influenced academia and how unjust campus tribunals have caused accused male students to seek redress in federal courts for gender discrimination. This note will also examine the racial implications of Title IX and consider how race contributes …

Sexual Hostility A Mile High, Michelle L.D. Hanlon

UC Law SF Journal on Gender and Justice

Flight attendants have spent the past few decades eradicating the “pinup” girl persona that is often associated with their profession. This sexualized image has created a dangerous and harassing workplace environment for female flight attendants. This article addresses how the flight cabin is uniquely hostile workplace and how the International Civil Aviation Organization needs to take action to combat the gender discrimination and sexual harassment too common in this industry.

Foreword, Amy Depuy, Tyra Singleton

UC Law SF Journal on Gender and Justice

No abstract provided.

Rising Out Of Legal Blind Spots: Hwlj 2016-2017 Symposium, Jackie Gross

UC Law SF Journal on Gender and Justice

HWLJ hosts an annual Symposium every spring to bring together the greatest legal minds to discuss new, important, and complex legal issues. This year, HWLJ sought to inspire action through three panels that discussed the rapidly changing laws and policies affecting some of the most vulnerable communities.

Sex Panic And Videotape, Stephan Ferris

UC Law SF Journal on Gender and Justice

In the November 2016 election, Californians voted on Proposition 60— a measure unfairly targeting the LGBT community’s production of pornography by mandating condoms in all adult entertainment production. This article examines the defeat of this proposed legislation and argues that similar legislation and policies are assimilationist practices that attack sexual autonomy and expression. This note will examine the scientific history and advancements of the HIV virus and how the AIDS Healthcare Foundation’s role in advancing a condom-only agenda, is out of touch with the scientific community.

Where’S My Dad? A Feminist Approach To Incentivized Paternity Leave, Jennifer E. Karr

UC Law SF Journal on Gender and Justice

This article examines paid paternal leave from a feminist perspective. First, this article aims to trace the history of gender roles in America and how the Family Medical Leave Act (FMLA) was enacted to allow women to maintain roles in both the public and private sphere. Second, this article explores how gender roles began to shift and more fathers sought FMLA leave to care for their children. This gender shift caused numerous shortcomings in law and public policy. This article will examine these shortcomings, compare various international paternal leave packages to each other, look to what deficiencies currently exist, and …

Inextricably Bound: Strip Clubs, Prostitution, And Sex Trafficking, Dan O'Bryant

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Amend The Communications Decency Act To Protect Victims Of Sexual Exploitation, Samantha Vardaman

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Dissenting From History: The False Narratives Of The Obergefell Dissents, Christopher R. Leslie

Indiana Law Journal

According to a quote attributed to numerous philosophers and political leaders, “History is written by victors.”1 In the legal battle over same-sex marriage, those opposed to marriage equality have attempted to disprove this age-old adage. In response to the majority opinion in Obergefell v. Hodges—which held that state laws banning same-sex marriage violate the Fourteenth Amendment—each of the four dissenting Justices issued his own dissenting opinion. Every one of these dissents misrepresented the circumstances and precedent leading up to the Obergefell decision. Collectively, the Obergefell dissenters have valiantly tried to rewrite America’s legal, constitutional, and social history, all in an …

A Diachronic Approach To Bob Jones: Religious Tax Exemptions After Obergefell, Samuel D. Brunson, David J. Herzig

Indiana Law Journal

In Bob Jones University v. United States, the Supreme Court held that an entity may lose its tax exemption if it violates a fundamental public policy, even where religious beliefs demand that violation. In that case, the Court held that racial discrimination violated fundamental public policy. Could the determination to exclude same-sex in-dividuals from marriage or attending a college also be considered a violation of fundamental public policy? There is uncertainty in the answer. In the re-cent Obergefell v. Hodges case that legalized same-sex marriage, the Court asserted that LGBT individuals are entitled to “equal dignity in the eyes of …

Why We Must Oppose The Full Decriminalization Of Prostitution, Taina Bien-Aime

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Criminalizing Pregnancy, Cortney E. Lollar

Law Faculty Scholarly Articles

The state of Tennessee arrested a woman two days after she gave birth and charged her with assault of her newborn child based on her use of narcotics during her pregnancy. Tennessee's 2014 assault statute was the first to explicitly criminalize the use of drugs by a pregnant woman. But this law, along with others like it being considered by legislatures across the country, is only the most recent manifestation of a long history of using criminal law to punish poor mothers and mothers of color for their behavior while pregnant. The purported motivation for such laws is the harm …

Prosecuting Islamic State Members For Sexual And Gender-Based Crimes Committed Against Yazidi Women And Girls, Samantha Hechler

Cardozo Journal of International and Comparative Law

The note examines the systematic sexual enslavement and gender-based violence perpetrated by ISIS against Yazidi women and girls, emphasizing the legal and jurisdictional challenges in prosecuting these crimes under international law. It argues that while the International Criminal Court (ICC) lacks jurisdiction over Iraq and Syria, alternative mechanisms such as ad hoc tribunals, hybrid courts, or prosecutions in foreign national courts offer feasible pathways to justice for the victims

The Doctor Requirement: Griswold, Privacy, And At-Home Reproductive Care, Yvonne F. Lindgren

Faculty Works

Supreme Court privacy jurisprudence has traditionally offered greater protection to activities when exercised within the home. This is true in common law as well as across a broad range of constitutional claims. For example, common law privacy identifies the home as a location of solitude and repose, often conceptualized as the “right to be let alone.” Speech, or the right to be free of unwanted messages, is enhanced when the claimant is within the confines of her or his home. Fourth Amendment protections against search and seizure and the notion of the reasonable expectation of privacy are enhanced when the …

Introduction To Dignity Special Issue: Freedom From Sexploitation, Lisa L. Thompson, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.