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Full-Text Articles in Law and Gender

The Establishment Clause Argument For Choice, David R. Dow Sep 2010

The Establishment Clause Argument For Choice, David R. Dow

Golden Gate University Law Review

Although the Court's opinion in Roe has been subjected to substantial criticism, with its attention to the issue of viability coming under attack as an egregious instance of judicial legislation, any constitutional discussion of the abortion issue must begin with Roe itself. I do not propose to defend the jurisprudential analysis in Roe. Instead, my aim is to suggest that the majority's historical survey of the significance attributed by our culture to the moment of viability adumbrates the distinction between cultural and religious values that I propose in this essay. My argument proceeds as follows. Part I of ...


Enforcing The Hidden U.S. Equal Rights Law, Ann Fagan Ginger Sep 2010

Enforcing The Hidden U.S. Equal Rights Law, Ann Fagan Ginger

Golden Gate University Law Review

Since 1945 the law of the United States has required the United States government to take action to promote universal observance of human rights for all without distinction as to sex. This equal rights for women law is part of the supreme law of the land, to be faithfully executed by the President and the Administration, to be enforced by the federal courts and by the courts of the several states, to be implemented by Congress, and to be obeyed by industry, reported by the media, and relied on and obeyed by the people in their daily lives. Busy practitioners ...


Judicial Indifference To Pornography's Harm: American Booksellers V. Hudnut, Penelope Seator Sep 2010

Judicial Indifference To Pornography's Harm: American Booksellers V. Hudnut, Penelope Seator

Golden Gate University Law Review

This paper will evaluate the opinions of the district court and the Seventh Circuit that held that an Indianapolis ordinance violated the first amendment, with particular attention to the courts' treatment of the demonstrated harms of pornography (II). The paper argues that pornography is a practice of discrimination through which women are subordinated on the basis of sex (III). When pornography is understood in the context of social reality, it is seen as a practice of sex discrimination, just as racial segregation is understood as a practice of race discrimination when it and its meaning are seen in the context ...


Sexual Speech And The State: Putting Pornography In Its Place, Mary C. Dunlap Sep 2010

Sexual Speech And The State: Putting Pornography In Its Place, Mary C. Dunlap

Golden Gate University Law Review

This article reviews the wider legal, political and psychological consequences of the drive against "pornography". The concern of this article is that the "anti-pornography" campaign has serious and as-yet ill-considered implications for a broader category of communication, here termed "sexual speech".


A Litigation Strategy On Behalf Of The Outstanding High School Female Athelete, Donna J. Hitchens Aug 2010

A Litigation Strategy On Behalf Of The Outstanding High School Female Athelete, Donna J. Hitchens

Golden Gate University Law Review

No abstract provided.