Choosing Your Child's Race,
2011
UC Law SF
Choosing Your Child's Race, Dov Fox
UC Law SF Journal on Gender and Justice
Assisted reproduction has answered many couples' hopes of conceiving a child. In assisted reproduction, the appearance of racial salience matters, and adjusting the prominence of race in decision making frameworks can shape social meaning. There is a spectrum of salience-varying approaches that sperm banks could adopt to manage information about donor race, each of which sends a different message about the social meaning of donor catalog and website design. This Article considers four such approaches: race-indifferent, race-sensitive, race-attentive, and raceexclusive. Although civil rights scholarship reveals that race-based classification is not a necessary condition of wrongful discrimination, we should remain diligent …
Overeducated Achievatrons Unite!,
2011
UC Hastings College of the Law
Overeducated Achievatrons Unite!, Joan C. Williams
Faculty Scholarship
No abstract provided.
New Millennium, Same Glass Ceiling? The Impact Of Law Firm Compensation Systems On Women,
2011
UC Hastings College of the Law
New Millennium, Same Glass Ceiling? The Impact Of Law Firm Compensation Systems On Women, Joan C. Williams, Veta Richardson
Faculty Scholarship
No abstract provided.
Mancession Or "Momcession"?: Good Providers, A Bad Economy, And Gender Discrimination,
2011
UC Hastings College of the Law
Mancession Or "Momcession"?: Good Providers, A Bad Economy, And Gender Discrimination, Joan C. Williams, Allison Tait
Faculty Scholarship
No abstract provided.
Opening Remarks,
2011
Columbia University
Opening Remarks, Peter T. Coleman
Cardozo Journal of Conflict Resolution
No abstract provided.
Annotated Legal Bibliography On Gender,
2011
Yeshiva University, Cardozo School of Law
Annotated Legal Bibliography On Gender
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Law, Literature, And The Legacy Of Virginia Woolf: Stories And Lessons In Feminist Legal Theory, 21 Tex. J. Women & L. 1 (2011),
2011
John Marshall Law School
Law, Literature, And The Legacy Of Virginia Woolf: Stories And Lessons In Feminist Legal Theory, 21 Tex. J. Women & L. 1 (2011), Susan L. Brody
UIC Law Open Access Faculty Scholarship
No abstract provided.
Selling Sex: Analyzing The Improper Use Defense To Contract Enforcement Through The Lens Of Carroll V. Beardon, 59 Clev. St. L. Rev. 693 (2011),
2011
John Marshall Law School
Selling Sex: Analyzing The Improper Use Defense To Contract Enforcement Through The Lens Of Carroll V. Beardon, 59 Clev. St. L. Rev. 693 (2011), Julie M. Spanbauer
UIC Law Open Access Faculty Scholarship
The 1963 decision of the Supreme Court of Montana in Carroll v. Beardon occupies less than three full pages in the Pacific Reporter and involves a simple real estate transaction in which a "madam" sold a house used for prostitution to another "madam." The opinion is the last in a long line of cases which speak specifically to the issue of enforcement of facially legitimate contracts that in some manner involve or are related to prostitution. It is commonly cited in treatises and hornbooks as representative of the movement by courts toward enforcement of such contracts under the law of …
Kicking The Ina Out Of Bed: Abolishing The Consummation Requirement For Proxy Marriages,
2011
UC Law SF
Kicking The Ina Out Of Bed: Abolishing The Consummation Requirement For Proxy Marriages, Karthryn Rae Edwards
UC Law SF Journal on Gender and Justice
The Immigration and Nationality Act's requirement that proxy marriages be consummated in order to be valid is intrusive, inflexible, and outdated. The case of Hotaru Ferschke illustrates how the consummation requirement creates inequitable results. One month after she married United States Marine Sergeant Ferschke in a proxy wedding ceremony, United States Citizenship and Immigration Services summarily denied her application for legal permanent residency because she did not consummate her proxy marriage, even though she was pregnant when she got married. This Note argues the government has no reasonable interest in dictating whether and when a couple becomes intimate. The consummation …
Polarized Circuits: Party Affiliation Of Appointing Presidents, Ideology, And Circuit Court Voting In Race And Gender Civil Rights Cases,
2011
UC Law SF
Polarized Circuits: Party Affiliation Of Appointing Presidents, Ideology, And Circuit Court Voting In Race And Gender Civil Rights Cases, Christopher Smith
UC Law SF Journal on Gender and Justice
The legitimacy of the American federal judiciary stems from its role as the non-political branch of government. Federal judges must decide cases independent of political leanings. However, Federal judges receive lifetime appointments from Presidents of different parties, and different political eras. This Article explores whether the ideology of the appointing president affects the decision making of judges within the United States Circuit Courts of Appeals. An analysis of the decisions by Republican- and Democrat-appointed judges in gender discrimination and race discrimination cases shows politics does creep into judicial decision making. Furthermore, this Article reveals the changing landscape of judicial ideology …
Foreign Wives, Domestic Violence: U.S. Law Stigmatizes And Fails To Protect Mail-Order Bridges,
2011
UC Law SF
Foreign Wives, Domestic Violence: U.S. Law Stigmatizes And Fails To Protect Mail-Order Bridges, Olga Grosh
UC Law SF Journal on Gender and Justice
Despite the Violence Against Women Act (VAWA) that allows immigrant victims of battery and extreme cruelty to self-petition for changes to their immigration status, the protection that VAWA offers is severely hindered by conflict with immigration law. The assumption underlying immigration law that foreign bride marriages are fraudulent stigmatizes the immigrant wives or fiancees as women less deserving of independent relationship decisions. This reduces their autonomy and increases their vulnerability to domestic violence. This Note proposes that Congress could prevent tragic deaths by removing from battered immigrant brides the burden of overcoming the negative presumption that they entered into marriage …
Dying For The Bonds Of Marriage: Forced Marriages As A Weapon Of Genocide,
2011
UC Law SF
Dying For The Bonds Of Marriage: Forced Marriages As A Weapon Of Genocide, Carmel O'Sullivan
UC Law SF Journal on Gender and Justice
For centuries, women have been "spoils of war." In some corners of the world, forced marriage remains a method of extermination, and rape and sexual violence against women are still the inevitable consequences of armed conflict. Amidst significant recent advances in protecting women during war, forced marriages have been recognized as a crime against humanity. However, this recognition is limited and does not address the gravity of forced marriages. This Article seeks to draw attention to the practice of forced marriages as an instrument of genocide and, thus, a "heinous reality that calls for a historic response." As the landmark …
The M Word: From Partial Coverture To Skills-Based Fiduciary Duties In Marriage,
2011
UC Law SF
The M Word: From Partial Coverture To Skills-Based Fiduciary Duties In Marriage, Jo Carrillo
UC Law SF Journal on Gender and Justice
Fiscal realities and duties play a larger role in defining the nature of marriage today than they did in the past. This Article sketches out the transition in California community property law from partial coverture-a system in which married women could own, but not manage or control, separate property in marriage-to skills-based fiduciary duties-an equal management system in which either spouse has the authority to manage and control marital property subject to statutorily enumerated fiduciary duties. Skills-based fiduciary duties create interspousal causes of action if breached; hence this Article offers prospective spouses a brief overview of the legal dimensions of …
Dainty Hands: Perceptions Of Women And Crime In Sherlock Holmes Stories,
2011
UC Law SF
Dainty Hands: Perceptions Of Women And Crime In Sherlock Holmes Stories, Hadar Aviram
UC Law SF Journal on Gender and Justice
For the last 150 years, conventional wisdom among criminologists saw crime as a predominantly male phenomenon. Recent socio-historical research has challenged this premise, showing a decline in the presence of women in the process as criminal defendants. Cultural studies have attributed this decline to a shift in perception of female deviance, from autonomy and enterprise to passivity and predetermination. This Article follows this transition in the cultural image of women and crime through the lens of Arthur Conan Doyle's Sherlock Holmes stories. The women in the stories are not clearly distinguished by their role in the criminal enterprise (perpetrators, accomplices, …
Mentoring For A Public Good,
2011
UC Law SF
Mentoring For A Public Good, George Kawamoto
UC Law SF Journal on Gender and Justice
Even into the 1970s, Asian American attorneys faced significant discrimination and difficulty finding work in law firms. Because of these injustices and a desire to right them, social justice lawyering became a hallmark of that generation of Asian American lawyers. Litigating civil rights violations in cases such as Korematsu v. United States allowed senior Asian American attorneys to mentor a younger generation of lawyers. Although more minority attorneys now are offered work in firms and the appearance of racism has diminished, social justice mentoring remains vital to today's Asian American legal community. Teaming minority law students and young attorneys with …
Taking (Live)Stock Of Animal Welfare In Agriculture: Comparing Two Ballot Initiatives,
2011
UC Law SF
Taking (Live)Stock Of Animal Welfare In Agriculture: Comparing Two Ballot Initiatives, Neil Thapar
UC Law SF Journal on Gender and Justice
Current federal regulation of livestock welfare is inadequate to address the increasing abuses inflicted upon animals in agriculture today. In order to fill this enforcement gap, citizens and organizations have turned to the state ballot initiative. In 2008, Californians passed Proposition 2, banning intensive confinement practices for livestock. Other states have passed similar measures. In a preemptive response to this growing movement for stricter livestock welfare standards, the agricultural lobby in Ohio passed Issue 2 in 2009, creating a constitutionally-mandated board with authority over livestock welfare. This Note analyzes each of these ballot initiatives in the context of promoting animal …
Gender Inequality In The Law: Deficiencies Of Battered Woman Syndrome And A New Solution To Closing The Gender Gap In Self-Defense Law,
2011
Claremont McKenna College
Gender Inequality In The Law: Deficiencies Of Battered Woman Syndrome And A New Solution To Closing The Gender Gap In Self-Defense Law, Meredith C. Doyle
CMC Senior Theses
Dr. Lenore Walker developed battered woman syndrome to address the issue of domestic violence and to give battered women a defense in situations in which they kill their abusive partners when they are not overtly threatening them. Self-defense law is based on male on male combat. Women are less able to protect themselves in an attack by a man, and so they may preemptively attack their sleeping partners to avoid a situation in which they cannot adequately protect themselves. Battered woman syndrome explains why these battered women act in a way that is irrational to a non-battered person. Walker's theory …
Examining Entrenched Masculinities Within The Republican Government Tradition,
2011
American University Washington College of Law
Examining Entrenched Masculinities Within The Republican Government Tradition, Jamie Abrams
Scholarly Articles in Law Reviews & Journals
“May all our citizens be soldiers, and all our soldiers citizens,” Sarah Livingston Jay toasted to revelers celebrating the Revolutionary War in 1789. She expressly conveyed what this article describes as the “foundational fusion” of republican government traditions coupling the military service of citizens-soldiers with male political citizenship. While the core of this fusion is deep, long-standing, and well-documented, this article explores the implicit tensions conveyed in her toast – the dominant masculinity dimensions of this foundational fusion. How do women and black men historically gain full political citizenship and effectuate republican government guarantees given its anchoring in entrenched dominant …
Domestic Violence And State Intervention In The American West And Australia, 1860-1930,
2011
University of Colorado Law School
Domestic Violence And State Intervention In The American West And Australia, 1860-1930, Carolyn B. Ramsey
Indiana Law Journal
This Article calls into question stereotypical assumptions about the presumed lack of state intervention in the family and the patriarchal violence of Anglo- American frontier societies in the late nineteenth and early twentieth centuries. By analyzing previously unexamined cases of domestic assault and homicide in the American West and Australia, Professor Ramsey reveals a sustained (but largely ineffectual) effort to civilize men by punishing violence against women. Husbands in both the American West and Australia were routinely arrested or summoned to court for beating their wives in the late 1800s and early 1900s. Judges, police officers, journalists, and others expressed …
New Professional Opportunities For Women: Nursing, Teaching, Clerical,
2011
DePaul University
New Professional Opportunities For Women: Nursing, Teaching, Clerical, Sara L. Kimble
School of Continuing and Professional Studies Faculty and Staff Works
No abstract provided.
