Issues

RAISING THE BAR IN THE AFFIRMATIVE ACTION DEBATE: A Pragmatic Comment on Professor Richard H. Sander's Systematic Analysis of Affirmative Action in American Law Schools Article
L. Darnell Weeden
LANGUAGE GAMES: Regulating Adult Establishments and the Obfuscation of Gender
Lynn Mills Eckert
LITIGATING SALVATION: Race, Religion and Innocence in the Karla Faye Tucker and Gray Graham Cases
Melynda J. Price

Notes

IS ADOPTION THE "NEW" SOLUTION FOR COUPLES IN DISPUTE OVER THEIR FROZEN EMBRYOS?
Robyn L. Ikehara
REFLECTIONS ON PROTECTING CONSCIENCE FOR HEALTH CARE PROVIDERS: A Call for More Inclusive Statutory Protection in Light of Constitutional Considerations
Courntey Miller

Articles

THE FEMINIST PERVASION : How Gender-Based Scholarship Informs Law and Law Teaching
Joan MacLeod Heminway, Ann Bartow, F. Carolyn Graglia, and Deseriee Kennedy
TRANSVERSAL FEMINISM AND TRANSCENDENCE
Deseriee Kennedy
MONOGAMY, LICENTIOUSNESS, DESUETUDE AND MERE TOLERANCE: The Multiple Interpretations of Lawrence v. Texas
Mark Strasser

Notes

THE EUROPEAN UNION GENDER LABORATORY: Its Effect on Eastern European Candidate Countries
Star Eneva
JUVENILE STRIKES: Unconstitutional under Apprendi and Blakely and Incompatible with the Rehabilitative Ideal
Alissa Malzman

Articles

GENDER, SEXUAL VIOLENCE AND PROSPECTS FOR JUSTICE AT THE GACACA COURTS IN RWANDA
Sarah L. Wells
HOW THE CONFRONTATION CLAUSE DEFEATED THE RAPE SHIELD STATUTE: Acquiantance Rape, the Consent Defense and the New Jersey Court's Ruling in State v. Garron
James B. Johnston
MAKING SENSE OF RESPONDEAT SUPERIOR: An Integrated Approach for Both Negligent and Intentional Conduct
Mark E. Roszkowski and Christie L. Roszkowski

Notes

REGULATING RISK: Reproductive Toxins in the Workplace in the Post-Johnson Controls Era
Nicole G. Hoeksma
CONSTITUTIONALITY OF SHARI'A LAW IN NIGERIA AND THE HIGHER CONVICTION RATE OF MUSLIM WOMEN UNDER SHARI'A FORNICATION AND ADULTERY LAWS
Kia N. Robert

Articles

GAY MARRIAGE: Equality Matters
Richard M. Lombino II
EMPLOYER LIABILITY FOR A SUPERVISOR'S SEXUAL MISCONDUCT: The Tangible Employment Action
Megan E. Mowrey and Virginia Ward Vaughn
ALL YOU NEED IS LOVE
Lynn D. Wardle

Notes

THE POLITICS OF BIOLOGY: Evolutionary Biology and the Exclusion of Women
Arnulfo Urias
INCARCERATED WOMEN AND ABUSE: The Crime Connection and the Lack of Treatment in Correction Facilities
Haegyung Cho

Articles

PUTTING IT TO GOOD USE: The International Covenant on Civil and Political Rights and Women's Right to Reproductive Health Dina Bogecho

LOOKING FOR LAW IN ALL THE "WRONG" PLACES: Outlaw Texts and Early Women's Advocacy
Kristin Brandser Kalsem

Notes

DOMESTIC VIOLENCE IN THE LIVES OF WOMEN WITH DISABILITIES: No (Accessible) Shelter From the Storm
Karen Nutter
RAPE SHIELD: Immigrants Deserve the Same Protection We Give Our Citizens
David K. Reinert
INTERNATIONAL SEX TRAFFICKING: Dismantling the Demand
Michelle R. Adelman

Articles

THE THIRTIETH ANNIVERSARY OF TITLE IX: Women Have Not Reached the Finish Line
Suzanne Eckes
THE COST TO CHILDREN WHEN BATTERERS MISUSE ORDER FOR PROTECTION STATUTES IN CHILD CUSTODY CASES
Nina W. Tarr
QUEERING DOMESTIC VIOLENCE TO "STRAIGHTEN OUT" CRIMINAL LAW: What Might Happen When Queer Theory and Practice Meet Criminal Law's Conventional Responses to Domestic Violence
Adele M. Morrison

Essays

BRIDGING THE "DIVIDE" BETWEEN FEMINISM AND CHILD PROTECTION USING THE DISCOURSE OF INTERNATIONAL HUMAN RIGHTS
Sherrie L. Russell-Brown

Notes

THE DECLINE OF DOMESTIC ADOPTION: Intercountry Adoption as a Response to Local Adoption Laws and Proposals to Foster Domestic Adoption
Alison Fleisher
THE CASTING COUCH IS MORE THAN TORTIOUS: The Case for Expanded Interpretations of Rape Statutes
Christian Jordan

Articles

Maternity and Childrearing Leave Policies for Faculty: the Legal and Practical Challenges of Complying with Title VII
Saranna Thornton
Abandon Probate Court for Abandoned Children: Combining Probate Guardianship of the Person and Dependency into one Stronger, Fairer Children's Court
Virginia G. Weisz and Suzanne McCormick
Abortion in 1938 and Today: Plus Ça Change, Plus C'est La Même Chose
Richard W. Bourne

Notes

The Fallacy of Hejab in Iran: A Critique of Islamic Judicial Review as Performed by the Guardian Council of the Islamic Republic
Mougeh Shisheneh Mozafarian
When to Arrest: What Influences Police Determination to Arrest When there is a Report of Domestic Violence?
Catherine Popham Durant

Articles

Strange Brew: The Wisconsin Brewing Industry's Opposition to Prohibition, Women's Suffrage and the Age of Consent Laws
Eric J. Boos
Intercollegiate Athletics: The Program Expansion Standard Under Title IX's Policy Interpretation
Julia Lamber

Notes

The Right to Procreate While Incarcerated: A look at the 'Obvious' Differences Between Male and Female Inmates
Robert T. Downs
Justice and the Generals: Holding Foreign Military Officers Accountable for Rape and Extrajudicial Killing; The Case of the U.S. Churchwomen Killed in El Salvador Carlos X. Colorado
Education Policy Brief: The Imperative of Developing Teen Dating Violence Prevention and Intervention Programs in Secondary Schools Tiffany J. Zwicker

Symposium Articles

Trapped by a Paradox: Speculations on Why Female Law Professors Find it Hard to Fit into Law School Cultures
Beverly I. Moran
Beyond the Matrix: The Psychological Cost of Fighting for Gender Justice in Law Teaching
Leslie Espinoza Garvey
Coalescing with Salt: A Taste for Inclusion
Phoebe A. Haddon

Notes

It's a Hormonal Thing: Premenstrual Syndrome and Postpartum Psychosis as a Criminal Defense
Connie Huang
China's One-Child Policy's Effects on Women and the Paradox of Persecution and Trafficking
Marry H. Hansel

Briefs

On the Cutting Edge: As Pending Supreme Court Cases Concerning Contraceptive Coverage and Second Parent Adoption Show, California Continues to be at the Forefront of Law
Mary-Christine Sungaila
Petition for Review, Sharon S. v. Superior Court
Charles A. Bird (Counsel of Record)
Petitioner's Opening Brief on the Merits, Sharon S. v. Superior Court
Michael N. Feuer of Morrison & Forrester LLP
Los Angeles County Bar Association et al., Letter Brief in Support of Respondent in Catholic Charities of Sacramento, Inc. v. Superior Court
Nancy M. Solomon of California Women's Center
Brief of Amici Curiae, Planned Parenthood Affiliates of California et al. in Support of Respondent Catholic Charities of Sacramento, Inc. v. Superior Court
Eve C. Gartner & Donna Lee of Planned Parenthood Federation of America
Robert Riley of Planned Parenthood of Western Washington
Lilly Spitz of California Planned Parenthood Education Fund, Inc.
Brief of Amici Curiae, The California Abortion and Reproductive Rights Action League et al. in Support of Respondent Catholic Charities of Sacramento, Inc. v. Superior Court
Bebe J. Andersonof The Center for Reproductive Law and Policy
Claudia A. Lewis & Sarah L. Kowalski of Farella Braun & Martel LLP
Ronora Pawelko of Education Fund of Family Planning Advocates of NYS

Articles

Husband and Wife: English Marriage Law From 1750: A Bibilographic Essay
Hazel D. Lord
Women, the Military and the Court: Israel at 2001
Guy I. Seidman & Eyal A. Nun
Battered Bargaining: Domestic Violence and Plea Negotiation in the Criminal Justice System
Peter Margulies

Notes

U.S. Involvement in the Sanctions Against Iraq: A potential Basis for a Legal Claim by Iraqi Women?
Nausheen Hassan
Jefferson's Daughters: America's Ambiguity Towards Equal Pay for Women
Robert J. Franklin

Articles

Constitutionalizing Roe, Casey and Carhart: A Legislative Due-Process Anti-Discrimination Principle that Gives Constitutional Content to the "Undue Burden" Standard of Review Applied to Abortion Control Legislation
Jeffery A. Van Detta
Nguyen v. INS and Sex Stereotyping in Citizenship Laws: Building on the Equal Protection Legacy of Ruth Bader Ginsberg
Mary-Christine Sungaila
Brief of Petitioners, Tuan Anh Nugyen and Joseph Alfred Boulais v. Immigration and Naturalization Service
Nancy A. Falgout (Counsel of Record)
Julie Goldshield, Sherry J. Leiwant and Marcellene E. Hearn of NOW Legal Defense and Education Fund
Martha F. Davis, Kate Stoneman Visiting Professor of Law & Democracy, Albany School of Law
Steven R. Shapiro and Lucas Guttentag of American Civil Liberties Union Foundation
Brief of the National Women's Law Center, et al. as Amici Curiae in Support of Petitioners
Nancy Duff Campbell (Counsel of Record),
Nancy L. Perkins and John D. Daley of Arnold & Porter
Joan Entmacher, Dina R. Lassow, Christina Martin Firvida and Jennifer Mezey of National Women's Law Center
Brief of Equality, NOW and Others as Amici Curiae in Support of Petitioners
Ogden Northrup Lewis (Counsel of Record) of Davis Polk & Wardwell
Jessica Neuwirth of Equality Now
Shielding the Masses: How Litigation Changed the Face of Birth Control Anna Birenbaum
Blood, Water and the Impure Woman: Can Jewish Women Reconcile Between Ancient Law and Modern Feminism?
Ilana S. Cristofar

Articles

Stereotypes in South African and American Constitutional Law: Achieving Gender Equality and Transformation
Mark S. Kende
The Progress of Tanzanian Women in the Law: Women in Legal Education, Legal Employment and Legal Reform
Jennifer L. Rakstad, Charlotte E. Kaiser & Kris T. Pribadi
Earnest and Sincere Women in their Work: Litta Belle Hibben Campbell and Women of the Early USC Law School
John G. Tomlinson, Jr.
The Revenge of the Hot Dog Slut: Peer Harassment After Davis v. Monroe
Sarah Diane Stevenson
Saying Nothing, Talking Loud: Lil' Kim and Foxy Brown, Caricatures of African-American Womanhood
Lori A. Tribbet-Williams

Symposium: Gender-Based Analyses of World Religions and the Law

Giddul's Wife and the Power of the Court: On Talmudic Law, Gender, Divorce and Exile
Aryeh Cohen
Out-Lawing God and the Daughter
Emily Albrink Fowler Hartigan
Keeping the Sex in Sex Education: The First Amendment's Religion Clauses and the Sex Education Debate
Gary J. Simson & Erika A. Sussman

Briefs and Articles

United States v. Morrison: The United States Supreme Court, the Violence Against Women Act and the "New Federalism"
Mary-Christine Sungaila
Brief of Petitioner, Brzonkala v. Morrison; U.S. v. Morrison
Brief Amici Curiae in Support of Petitioners
Mary-Christine Sungaila (Counsel of Record), David S. Ettinger and Lisa R. Jaskol of HORVITZ & LEVY, LLP
Martha F. Davis, Julie Goldshield and Yolanda S. Wu of NOW LEGAL DEFENSE AND EDUCATION FUND
Brief Amici Curiae of Senator Joseph R. Biden, Jr. in Support of Petitioners
Senator Joseph R. Biden, Jr.
Venus and Mars in the Jury Deliberation Room: Exploring the Differences That Exist among Male and Female Jurors During the Deliberation Process
Sandra Benlevy

Symposium: Gender-Based Analyses of World Religions and the Law

Genesis, Gender and Community
Theodore Y. Blumoff
Gender, Justice and the Left Hand of God: A Lutheran Perspective
Marie A. Failinger
Universals and Particulars: A Comment on Women's Human Rights and Religious Marriage Contracts
Carol Weisbrod

Articles

Confronting a Hazard: Do Eating Disorders Plague Women in the Legal Profession?
Julie E. Buchwald
Time to Surrender: A Call for Understanding and the Re-evaluation of Heavy Metal Music Within the Contexts of Legal Liability and Women
Alexis A. Lury

Articles

Federalizing Social Welfare in a World of Gender Difference: A History of Women's Work in New Deal Policy
Kathleen M. Keller
The Failure of United States v. Lopez Analyzing the Violence Against Women Act
Sara E. Kropf
A Case Study of Taiwanese Family Law
Li-Ju Lee
A Matter of Fact: Hostile Work Environments and Summary Judgments
Isabel Medina

Articles

Girl's Rights Under International Law: An Argument for Establishing Gender Equaility as a Jus Cogens
Ladan Askari
Women's Rights and the Accommodation of "Difference": Muslim Women in India
Vrinda Narain
Gingerbread Women: Stereotypical Female Attorneys in the Novels of John Grisham
Carrie S. Coffman
Effects of Gender Differences on Physician-Assisted Suicide: Practice and Regulation
Cynthia A. Prado

Introduction
Eric Oifer
The Battered Wife of God: Violence, Law, and the Feminist Critique of the Prophets
Rachel Adler
Marriage as a Legal Metaphor: Commentary on Rachel Adler
Nomi Maya Stolzenberg
Response to Rachel Adler's "The Battered Wife of God
Sheila Briggs

Articles

Not Color-Or Gender-Neutral: New Tax Treatment of Employment Discrimination Damages
Karen B. Brown
Feminist Jurisprudence and the First Amendment: Hearing
Gayle Binion
Rights of Abused Mothers vs Best Interest of Abused Children: Courts' Termination of Battered Women's Parental Rights Due to Failure to Protect Their Children from Abuse
Amy R. Melner
Litigating Women's Rights as Human Rights: The Case of United States V. Lanier
Mary-Christine Sungaila
Ruminations on In Re Kasinga: The Decisions's Legacy
Karen Musalo
In Re Fauziya Kasinga: Brief for the Respondent
Karen Musalo

Book Review

Critical Race Feminism: Old Wine in a New Bottle or New Legal Genre?
Jody Armour

Articles

The Beginning of Wisdom Is to Call Things by Their Right Names
Kif Augustine-Adams
The Socratic Method and Women Law Students: Humanize, Don't Feminize
Jennifer L. Rosato
(Why) Does Gender Equity in College Athletics Entail Gender Equality?
Mark Kelman
California's Stepparent Visitation Statute: For the Welfare of the Child, or a Court-Opened Door to Legally Interfere With Parental Autonomy: Where Are the Constitutional Safeguards?
Diane L. Abraham

Editors' Introduction: The Importance of Feminists Paying Attention to Socioeconomic Systems
Interview with Patricia Schroeder
A Taxing Woman: The Relationship of Feminist Scholorship to Tax
Marjorie E. Kornhauser
Feminism and "Safe Subjects Like the Tax Code"
Lawrence Zelenak
"A Principle of Law but Not of Justice": Men, Women and Income Taxes in the U.S. 1913-1948
Alice Kessler-Harris
Taxes and Peace: A Case Study of Taxing Women
Patricia C. Bradford
The Economics of Home Production
Joni Hersch
Joint Versus Separate Filing: Joint Return Tax Rates and Federal Complicity in Directing Economic Resources From Women to Men
Amy C. Christian
Taxing Lesbians
Patricia A. Cain
Gender Equity and Tax Policy: The Theory of "Taxing Men"
Nancy E. Shurtz
Taxation and Gendered Citizenship
Nancy C. Staudt
Social Security: What Can Be Done About Marriage Penalties?
Jonathan Barry Forman
"Taxing Marriage"
Mary Moers Wenig
Women's, Men's and Children's Equalities: Some Reflections and Uncertainties
Nancy E. Dowd
Afteword: Towards a Feminization of Wealth
Edward J. McCaffery

Articles

Beyond "Compelling": Tenants' Rights in the Conflict Between Religious Freedom and Laws That Prohibit Discrimination Based on Sexual Orientation
Julie M. Ruhlin
Child Custody, Community and Autonomy: The Ties That Bind?
Linda K. Thomas

Articles

Gender Bias at the Heart of Justice: An Empirical Study of State Task Forces
Jeannette F. Swent
Reconstructing MacKinnon: Essentialism, Humanism, Feminism
Jeffrey Brand-Ballard
Paternalism Without Paternity: Discrimination Against Single Women Seeking Artificial Insemination by Donor
Holly J. Harlow
Estate of Clack: Adding Insult to Injury, or More Problems With the QTIP Tax Provisions
Wendy C. Gerzog
Disparate Treatment of Spouse Murder Defendants
Wendy Keller

Articles

Institutional Myths, Historical Narratives and Social Science Evidence: Reading the "Record" in the Virginia Military Institute Case
Dianne Avery
Patriarchal Stories I: Cultural Rape Narratives in the Courtroom
Andrew E. Taslitz
And Justice for All: The Admissibility of Uncharged Sexual Misconduct Evidence Under the Recent Amendment to the Federal Rules of Evidence
Karen M. Fingar
Arming Students for Battle: Amending Title IX to Combat the Sexual Harassment of Students by Students in Primary and Secondary School
Alexandra A. Bodnar
Holding Husbands and Lovers Accountable for Rape: Eliminating the "Defendant" Exception of Rape Shield Laws
Garth E. Hire

Editor's Introduction
Tracey Jensen
Opening Remarks
Catharine P. Wells
Sex-Based Discrimination: Common Legacies and Common Challenges
Deborah L. Rhode
Sex and Race in Queer Legal Culture: Ruminations on Identities & Inter-Connectivities
Francisco Valdes
Los Angeles Asian Pacific Islander Sisters
Shella M. Aguilar, MPH
United Lesbians of African Heritage
D. Lisa Powell
"Coming Out": The Practical Battles of Being Visible as a Lesbian
Barbara J. Cox
Musing about Discrimination Based on Sex and Sexual Orientation as "Gender Role" Discrimination
Amelia A. Craig
Fighting the Battles in the Public Sector
Jackie Goldberg
Hate Crimes and Other Practical Battles
B. Kay Shafer
Stories from Home: Tales from the Intersection of Race, Gender and Sexual Orientation
Isabelle R. Gunning
First and Last Chance: Looking for Lesbians in Fifties Bar Cases
Joan W. Howarth
To Market, To Market: Considering Class in the Context of Lesbian Legal Theories and Reforms
Ruthann Robson
The Intersection of Race and Gender and Its Effects in the Workplace
Sandra Farrington-Domingue

The Los Angeles County Bar Association Report on Sexual Orientation Bias

This Report was prepared by the Los Angeles County Bar Association's Ad Hoc Committee on Sexual Orientation Bias based on research conducted over the course of two years. The Report itself illustrates the pervasive and harmful effects of sexual orientation discrimination in the Los Angeles legal community.

Introduction Catharine Pierce Wells
Starting With the Students: Lessons From Popular Education Frances Ansley
Foreward: Toward a Race-Conscious Pedagogy in Legal Education Kimberle Williams Crenshaw
Constructing Professional Boundaries in Law School: Reactions of Students and Implications for Teachers Robert Granfield
Politicizing the Classroom Duncan Kennedy
Bringing Values and Perspectives Back into the Law School Classroom Stephanie M. Wildman

Articles

Feminist Perspectives, Disability, Sexuality and Law: New Issues and Agendas Harlan Hahn
Reproductive Rights and the Human Genome Project Julia Walsh
A Radical Reshaping of the Law: Interpreting and Remedying Street Harassment Tiffanie Heben
Is Beauty the Beast? Meg Gehrke
A Legal and Social Comparison of Heterosexual and Same-Sex Domestic Violence: Similar Inadequacies in Legal Recognition and Response Carla M. da Luz

Articles

At the Intersection of Gender and Sexual Orientation: Toward Lesbian Jurisprudence Mary Eaton
Parental Rights and the Definition of Motherhood in Surrogate Motherhood Scott B. Rae, Ph.D.
Sexual Harassment in the Military Yxta Maya Murray
Abused Women Abused by the Law: The Plight of Battered Women in California and a Proposal for Revising the California Self-Defense Law Kym C. Miller

Responses

I Ain't Gonna Work on Zoe's Farm No More: Reply to Susan Grover Marc Linder
"Ain't"? Susan S. Grover

Articles

The Rights and Wrongs of Norplant Offers Douglas A. Berman
Education: An Illusion for Women Barbara Anne Murphy
Call the Caterer: Hawaii to Host First Same-Sex Marriage Erik J. Toulon
Employment Discrimination and Clergywomen: Where the Law Has Feared to Tread Elisabeth S. Wendorff
To Work or Not to Work, and What About the Kids? Ellen R. Zieve

Introduction: Feminism and the Courts Judith Resnik
Zoe Baird, Betrayal and Fragmentation Susan S. Grover
A Justification of the Cultural Defense as Partial Excuse Alison Dundes Renteln
The Legal Community's Response to Drug Use During Pregnancy in the Criminal Sentencing and Dependency Contexts: A Survey of Judges, Prosecuting Attorneys, and Defense Attorneys in Ten California Counties Barrie Becker and Judge Peggy Hora
Downward Departures Under the Federal Sentencing Guidelines: Are Parenthood and Pregnancy Appropriate Sentencing Considerations? Tracy Tyson
Feminist Judging: An Introductory Essay Sharon Elizabeth Rush
Gender Bias Task Forces: How They Have Fulfilled Their Mandate and Recommendations for Change Kathleen L. Soll

Justice: One Woman's Perspective Brenda Aris and Gloria Killian
Equal Justice for Some Gloria Killian
Women's Pathways to Felony Court: Feminist Theories of Lawbreaking and Problems of Representation Kathleen Daly
Thelma and Louise and Bonnie and Jean: Images of Women as Criminals Susan N. Herman
Heat of Passion and Wife Killing: Men Who Batter/Men Who Kill Donna K. Coker
Reconstructing the Female Criminal: Women and Crack Cocaine Lisa Maher
A Collage of Voices: A Dialogue With Women in Prison Tracy Thornburg and Diane Trunk
A Matter of Justice: Overcoming Juror Bias in Prosecutions of Batterers Through Expect Witness Testimony of the Common Experiences of Battered Women Alana Bowman
A Cynical Twist of Fate: How Processes of Ruling in the Criminal Justice System and the Social Sciences Impede Justice for Battered Women Tineke Ritmeester and Ellen Pence
Privacy and the Rape Victim: The Inconsistent Treatment of Privacy Interests in Two Recent Supreme Court Cases Terri Villa-McDowell
The End of Frye Is the Beginning of Successful Sexual Assault Prosecution Teri Breuer
Pregnancy and the Criminalization of Perinatal Substance Abuse: Unethical, Unconstitutional and Poor Public Policy Shawn N. Randolph
Review Essay: Feminism, Lawyering, and Death Row Joan W. Howarth

Reflection on Reconstructing Motherhood Fatima Cortez
M Is for the Many Things Carol Sanger
Mother Blaming: Psychology and the Law Catherine McBride-Chang, Carol Nagy Jacklin and Chandra Reynolds
Abortion and the Maternal-Fetal Conflict: Broadening Our Concerns Marjorie M. Shultz
Politics and Pregnancy: Adolescent Mothers and Public Policy Deborah L. Rhode
Maternal Feelings: Myth, Taboo, and Child Custody Mary Becker
Intimate Work: The Regulation of Female Sexuality and Reproduction Judith Grant
Two Legal Constructs of Motherhood: "Protective" Legislation in Mexico and the United States Antoinette Sedillo Lopez
Is It Enough that Johnson Controls? Laura C. Fry

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