Probable Cause From Probable Bonds: A Genetic Tattle Tale Based On Familial Dna,
2010
UC Law SF
Probable Cause From Probable Bonds: A Genetic Tattle Tale Based On Familial Dna, Jessica D. Gabel
UC Law SF Journal on Gender and Justice
DNA represents the "gold standard" of evidence that solves crimes and obtains convictions. Law enforcement agencies increasingly turn to national and local DNA databanks to generate possible suspects. These searches may "hit" upon databank samples that only partially match the DNA left at a crime scene. The value in a partial match is that it might identify a relative of the perpetrator. Some states have embraced this technique - called familial DNA testing - as a harmless additive to traditional or routine investigatory methods, but at least one state has explicitly banned its use. This Article examines the scientific, legal, …
Disrupting Sexual Categories Of Intimate Preference,
2010
UC Law SF
Disrupting Sexual Categories Of Intimate Preference, Luke A. Boso
UC Law SF Journal on Gender and Justice
The Article first explores what "discrimination" in the intimate realm may mean, and it discusses the ineffective application of traditional legal antidiscrimination measures in favor of Professor Vicki Shultz's "disruption" model. The disruption model looks at institutional practices rather than individual intent, explaining that discrimination occurs when institutions create differential categories and apply hierarchical meanings to those categories. The Article then critically examines "sexual orientation" as an incoherent and oppressive social construct in need of disruption. Finally, the Article demonstrates the ways in which the law has created rigidly defined categories of sex, gender, and sexual identity (all inextricable components …
Still Pioneers: Special Social And Economic Hardships For Elderly Gays And Lesbians,
2010
UC Law SF
Still Pioneers: Special Social And Economic Hardships For Elderly Gays And Lesbians, Annick Persinger
UC Law SF Journal on Gender and Justice
This Note will first discuss the social factors that make accessing retirement and support services problematic for lesbian and gay elders, such as ageism in the gay and lesbian community and heterosexual-focused retirement institutions. Part II will investigate how federal law and policy affects lesbian and gay elders' ability to obtain health care benefits and save for retirement. Part III will examine state and municipal solutions for same-sex couples, in the face of federal discrimination. Part IV will illustrate the necessity of acquiring an attorney because of the challenges in preparing for a lesbian or gay elder's incompetence, and the …
Poems By Richard Krech,
2010
UC Law SF
Poems By Richard Krech, Richard Krech
UC Law SF Journal on Gender and Justice
No abstract provided.
All Carrots And No Sticks: Moving Beyond The Misapplication Of Burlington Industries, Inc. V. Ellerth,
2010
UC Law SF
All Carrots And No Sticks: Moving Beyond The Misapplication Of Burlington Industries, Inc. V. Ellerth, E. Jacob Lindstrom
UC Law SF Journal on Gender and Justice
In pair of 1998 cases, Burlington Industries, Inc. v. Ellerth and Faragher v. City of Boca Raton, the U.S. Supreme Court crafted a new framework for employer liability in sexual harassment cases. Thenceforth, employers were to be strictly liable for the harassment of employees by supervisors, but employers would also be able to employ an affirmative defense if (a) the employer acted reasonably in preventing and correcting harassment and (b) the employee acted unreasonably in avoiding or stopping the harassment. The Court marketed this new framework as a compromise between the competing values of eliminating harassment (hence, strict liability) and …
Crimes Without Punishment: Violence Against Women In Guatemala,
2010
UC Law SF
Crimes Without Punishment: Violence Against Women In Guatemala, Karen Musalo, Elisabeth Pellegrin, S. Shawn Roberts
UC Law SF Journal on Gender and Justice
In Guatemala, impunity for the battering and killing of women is at such levels that perpetrators rightly feel confident that there is no price to pay for their unrestrained violence. Each year the number of women murdered rises precipitously, and there is general consensus that the impunity enjoyed by those responsible is a significant factor in the escalating numbers of killings in Guatemala. As a result, victims are fleeing persecution to the United States, seeking, with little success, asylum. One of the main factors contributing to the delay in deciding asylum cases is the government's fear of "opening the floodgates," …
Am I That Race - Punjabi Mexicans And Hybrid Sensitivity, Or How To Do Theory So That It Doesn't Do You,
2010
UC Law SF
Am I That Race - Punjabi Mexicans And Hybrid Sensitivity, Or How To Do Theory So That It Doesn't Do You, Faljuni A. Sheth
UC Law SF Journal on Gender and Justice
This paper explores the conceptual and racial status of "Punjabi Mexicans" at the turn of the twentieth century. In the literature, this group appears to be a "given," i.e., it is portrayed as a coherent identity that emerges from a simple set of circumstances. Yet, it is anything but a given; its existence and its collective and individual consciousness is created out of a complex nexus of legal, political, social, and natural environments that spurred the migration of East-Indian men and Mexican women from their homelands and to their adopted lands. By understanding human beings as subjects rather than as …
Lost In Forest Grove: Interpreting Idea's Inherent Paradox,
2010
UC Law SF
Lost In Forest Grove: Interpreting Idea's Inherent Paradox, Natalie Pyong Kocher
UC Law SF Journal on Gender and Justice
The passage of the Individuals with Disabilities Education Act ("IDEA"), a major civil rights bill, provided children with disabilities heightened access to education. At the heart of the IDEA is a school district's responsibility to provide each child with an individualized education, often referred to as a "free appropriate public education" ("FAPE"). Where a public school district is itself unable to provide a FAPE, IDEA requires the district to pay for the student's enrollment in a private school. Courts initially interpreted IDEA to require that parents give public school districts an opportunity to provide a FAPE before removing their child …
Use Of Female Interrogators: The Analysis Of Sexualized Interrogations The Detainee Interrogation Working Group Did Not Conduct,
2010
UC Law SF
Use Of Female Interrogators: The Analysis Of Sexualized Interrogations The Detainee Interrogation Working Group Did Not Conduct, Celia Rumann
UC Law SF Journal on Gender and Justice
In the years following the Abu Ghraib scandal, it has become apparent that Lynndie England was punished for the crime of providing the world with photographic evidence of a government policy of using sexuality as a weapon of war. Ms. England's actions were not, as has been asserted, borne of whole cloth out of the sexually deviant minds of young soldiers bent on exploiting prisoners for their own amusement. Rather, they embodied the arguably extreme end of the systematic work of the United States government to engage in sexually deviant exploitation of prisoners purportedly for the collective safety and well-being …
Enhancing The Effectiveness Of Mediation In Korean-American Family Disputes: Cultural Sensitivity Training For Mediators And Co-Mediation Teams,
2010
Benjamin N. Cardozo School of Law
Enhancing The Effectiveness Of Mediation In Korean-American Family Disputes: Cultural Sensitivity Training For Mediators And Co-Mediation Teams, Giyang An
Cardozo Journal of Conflict Resolution
This Note focuses primarily on first generation KoreanAmerican women who remain loyal to community values that follow traditional Korean norms, especially when it comes to gender and family roles. To demonstrate the effects of these social values, this Note will analyze conflicts stemming from the various roles and identities (e.g., as a wife or mother) of Korean-American women. In addition, this Note will discuss the different ways Koreans and Americans view the legal systems in their respective countries, and how Koreans generally have a more favorable view of mediation than the confrontational model of litigation. This Note will focus on …
Relocation Revisited: Sex Trafficking Of Native Women In The United States,
2010
Mitchell Hamline School of Law
Relocation Revisited: Sex Trafficking Of Native Women In The United States, Sarah Deer
Faculty Scholarship
The Trafficking Victim Protection Act of 2000 (TVPA) signaled a comprehensive campaign by the United States (US) government to address the scourge of human trafficking in the US and abroad. The US rhetoric about sex trafficking suggests that the problem originates in foreign countries and/or is recent problem. Neither claim is correct. This article details the historical and legal context of sex trafficking from its origin among the colonial predecessors of the US and documents the commercial trafficking of Native women over several centuries. Native women have experienced generations of enslavement, exploitation, exportation, and relocation. Human trafficking is not just …
Discrimination Out Of Dismissiveness: The Example Of Infertility,
2010
Indiana University School of Law - Indianapolis
Discrimination Out Of Dismissiveness: The Example Of Infertility, David Orentlicher
Indiana Law Journal
In recent years, antidiscrimination theory and doctrine have rested heavily on the "anticaste" principle first invoked in Strauder v. West Virginia According to this principle, equal protection law and antidiscrimination statutes should eradicate public-and private-policies that subject some persons to ongoing stigma and subordination and therefore to second-class status in society. This Article argues that while a focus on stigma and subordination is important, it misses a key source of discrimination-the discriminationt hat arises from dismissiveness. Antidiscrimination law has recognized the need to overcome the discrimination that results from invidious bias, unfair stereotyping, irrational fear accumulated myths, or simple neglect.A …
'France' In An Encyclopedia Of Infanticide. Ed. Brigitte Bechtold And Donna Cooper Graves. Edwin Mellen Press, 2010. 105-107.,
2010
DePaul University
'France' In An Encyclopedia Of Infanticide. Ed. Brigitte Bechtold And Donna Cooper Graves. Edwin Mellen Press, 2010. 105-107., Sara L. Kimble
School of Continuing and Professional Studies Faculty and Staff Works
No abstract provided.
The Struggling Class: Replacing An Insider White Female Middle Class Dream With A Struggling Black Female Reality,
2010
Mississippi College School of Law
The Struggling Class: Replacing An Insider White Female Middle Class Dream With A Struggling Black Female Reality, Angela Mae Kupenda
Journal Articles
“What is the appropriate role of former outsiders who are now on the inside?” I propose that the appropriate role for an outsider who is now an insider, is not to sprawl out on plush, white, crushed velvet sofas, sipping vintage wines or imported teas and nibbling at aged cheese and delicate crackers while enjoying being one among a quota or token few that made it to the inside. Rather, the role of a former outsider is to go to work from the inside to dismantle the house, shrewdly using available tools to remove the nails from the walls, loosening …
Theorizing And Litigating The Rights Of Sexual Minorities,
2010
University of Missouri - Kansas City, School of Law
Theorizing And Litigating The Rights Of Sexual Minorities, Nancy Levit
Faculty Works
One of the best measures of a society is how it treats its vulnerable groups. A central idea in Professor Martha Nussbaum's writings is that all humans "are of equal dignity and worth, no matter where they are situated in society." The strategic challenge in lesbian, gay, bisexual and transgendered (LGBT) rights litigation is how to get courts to see sexual minorities as people worthy of equal dignity and respect. This article focuses on the roles of a positive emotion - love - and a procedural method of proof - science - in the shaping of laws defining the rights …
Sex In And Out Of Intimacy,
2010
University of Florida Levin College of Law
Sex In And Out Of Intimacy, Laura A. Rosenbury, Jennifer E. Rothman
UF Law Faculty Publications
The state has long attempted to regulate sexual activity by channeling sex into various forms of state-supported intimacy. Although commentators and legal scholars of diverse political perspectives generally believe such regulation is declining, the freedom to engage in diverse sexual activities has not been established as a matter of law. Instead, courts have extended legal protection to consensual sexual acts only to the extent such acts support other state interests, most often marriage and procreation. Although Lawrence v. Texas altered some aspects of that vision, it reinscribed others by suggesting that sexual activity should be protected from state interference only …
Shift Happens: The U.S. Supreme Court's Shifting Antidiscrimination Rhetoric,
2010
University of Arkansas at Little Rock William H. Bowen School of Law
Shift Happens: The U.S. Supreme Court's Shifting Antidiscrimination Rhetoric, Theresa M. Beiner
Law Faculty Scholarship
The United States Supreme Court’s discourse on discrimination affects how fundamental civil rights - such as the right to be free from gender and race discrimination - are adjudicated and conceptualized in this country. Shortly after Congress passed Title VII of the Civil Rights Act of 1964, the Court established precedent that assumed discrimination, absent some other compelling explanation for employer conduct. While the Court was more reluctant to presume such discrimination by governmental actors, it was deferent to Congress’s ability to set standards that would presume discrimination. Over time, however, that presumption and the Court’s deference to Congress has …
Symposium Foreword: Applied Feminism And Marginalized Communities,
2010
University of Baltimore School of Law
Symposium Foreword: Applied Feminism And Marginalized Communities, Michele E. Gilman
University of Baltimore Law Review
No abstract provided.
Returning Home: Women In Post-Conflict Societies,
2010
George Washington University Law School
Returning Home: Women In Post-Conflict Societies, Naomi Cahn, Dina Haynes, Fionnuala Ní Aoláin
University of Baltimore Law Review
No abstract provided.
Reflections On Judging Mothering,
2010
New York University School of Law
Reflections On Judging Mothering, Chris Gottlieb
University of Baltimore Law Review
No abstract provided.
