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Hazing In “White” Sororities: Explanations At The Organizational-Level, Gregory S. Parks, Sarah J. Spangenburg Jan 2019

Hazing In “White” Sororities: Explanations At The Organizational-Level, Gregory S. Parks, Sarah J. Spangenburg

Hastings Women’s Law Journal

Hazing has been a persistent issue in a variety of contexts, institutions, and organizations. In forty-four states, legislatures have passed anti-hazing statutes. However, the law, as a whole, has been insufficient to curtail hazing. This Article analyzes this phenomenon by looking through the lens of historically white-predominant sororities. Among the broad range of organizational dynamic, at play are the pervasive cognitive biases among members. Further, sororities face many challenges to integrating new and better information across the membership. Lastly, the Article analyzes a range of organizational dynamics that play a role in sorority members’ collective decision-making processes.


Too Much Talk, Too Little Action: The Corporate Side Of Gender Diversity In Governance, Douglas M. Branson Jan 2019

Too Much Talk, Too Little Action: The Corporate Side Of Gender Diversity In Governance, Douglas M. Branson

Hastings Women’s Law Journal

The tech industry accounts for twenty-one percent of our gross national product. Yet, tech is the most backward of major U.S. industries when it comes to promoting women to leadership positions or positioning them for future ascension into executive positions. Even lower down in the ranks, the number of women tech companies employ has declined from thirtyseven percent of employees in 1995 to twenty-four percent today (2016), with prognostications that the number will decline further, to twenty-two percent or lower in the next decade. As revealed in compensation tables that companies file with the Securities and Exchange Commission, women ...


Arizona Gamete Donor Law: A Call For Recognizing Women’S Asymmetrical Property Interest In Pre-Embryo Disposition Disputes, Melissa B. Herrera Jan 2019

Arizona Gamete Donor Law: A Call For Recognizing Women’S Asymmetrical Property Interest In Pre-Embryo Disposition Disputes, Melissa B. Herrera

Hastings Women’s Law Journal

In vitro fertilization (IVF) is a complex series of procedures used to treat fertility or genetic problems and assist with the conception of a child. Through the IVF process, couples and individuals alike can have preembryos created and cryo-preserved for later use. To those who go through the IVF process or are considering doing so, the pre-embryos represent many things, such as hope, flexibility in family planning, and the possibility of a child. It is estimated that over 5 million babies have been born through IVF worldwide, with as many as 620,000 cryo-preserved embryos in the United States alone ...


A No-Win Situation: Pregnant Mothers In Medication Assisted Therapy Programs Face Discrimination For Following Doctors Orders, Axl Campos Kaminski Jan 2019

A No-Win Situation: Pregnant Mothers In Medication Assisted Therapy Programs Face Discrimination For Following Doctors Orders, Axl Campos Kaminski

Hastings Women’s Law Journal

According to new research, one in five pregnant women in the United States take some form of opioid during pregnancy, and one in twenty are addicted to opioid medications. In response, the government has increased their attempts to regulate pregnant women’s conduct in order to protect the health of unborn children. Opioid dependent mothers often find themselves subject to being reported to Child Protective Services by doctors and hospital staff for ingesting drugs while pregnant. Individuals’ in substance abuse treatment, including pregnant mothers receiving opioid replacement therapy, are protected from discrimination under the Americans with Disabilities Act. However, mothers ...


Corrective Rape: An Extreme Manifestation Of Discrimination And The State’S Complicity In Sexual Violence, Sarah Doan-Minh Jan 2019

Corrective Rape: An Extreme Manifestation Of Discrimination And The State’S Complicity In Sexual Violence, Sarah Doan-Minh

Hastings Women’s Law Journal

Corrective rape originally referred to rape perpetrated by straight men against lesbians in order to “correct” or “cure” their homosexuality—a punishment for being gay and for violating traditional gender presentation. The term is now used more broadly to refer to the rape of any member of a group that does not conform to gender norms or heterosexuality when the motive of the perpetrator is to “correct” the individual. In the United States, the actual causes of corrective rape are usually ignored or de-emphasized, thereby perpetuating the rates of sexual violence. Sexual violence is often framed in terms of personal ...


Views On Prostitution, Shulamit Almog, Ariel L. Bendor Jan 2019

Views On Prostitution, Shulamit Almog, Ariel L. Bendor

Hastings Women’s Law Journal

The Essay argues that both law and art represent deeply-rooted cultural ambivalences and ethical incoherence towards prostitution. The choice of Picasso's Les Demoiselles d’Avignon as representative of this tension stems from the sui-generis status of the painting in the history of modern art—as an avant-garde which later became a canon. Of the various views evoked by the painting, four are especially prominent: a moralizing, a normalizing, a victimizing and a patheticizing view. The examination of various Western prostitution laws shows that each of the laws simultaneously expresses different perceptions and ideologies about prostitution, much like the views ...


Employment Status Of Uber And Lyft Drivers: Unsettlingly Settled, Jillian Kaltner Jan 2018

Employment Status Of Uber And Lyft Drivers: Unsettlingly Settled, Jillian Kaltner

Hastings Women’s Law Journal

Uber and Lyft drivers are part of a vast pool of workers in the new economy who exist in the legal grey area between independent contractors and employees. Because these workers are currently classified as independent contractors, they are without the protections and benefits that are guaranteed to employees by law. This note delineates the work risks facing Uber and Lyft drivers and various approaches scholars have used to attempt to address their employment status. It analyzes the driver’s employment status using the widely accepted Economic Realities test, and discusses the roadblocks these workers will likely face on the ...


Foreword, Sonja Arndt Jan 2018

Foreword, Sonja Arndt

Hastings Women’s Law Journal

No abstract provided.


Analyzing The Disappearance Of Women’S Surnames And The Retrenchment Of Their Political-Legal Status In Early Modern England, Deborah Anthony Jan 2018

Analyzing The Disappearance Of Women’S Surnames And The Retrenchment Of Their Political-Legal Status In Early Modern England, Deborah Anthony

Hastings Women’s Law Journal

Multiple economic and political developments appear to have jointly contributed to the constriction of women’s surnames throughout history, including feudalism, the English common law, capitalism, colonialism and imperialism, and the development of the nation-state and its attendant concept of citizenship. While history generally moves in a positive direction, principles of coverture and female legal impotence appear to have in some ways become increasingly restrictive, with women’s surnames as one indication of that. Viewing the use of women’s surnames in terms of their effects on women, reveals the ways in which surname usage wrought a new formal exclusiveness ...


Thank You Harvey Weinstein, Rochelle Dornatt Jan 2018

Thank You Harvey Weinstein, Rochelle Dornatt

Hastings Women’s Law Journal

After spending 35 years working on the Hill for Congress, Ms. Dornatt reflects upon the sexual harassment she witnessed firsthand, while examining the strides women have taken to put an end to workplace sexual harassment. Witnessing a significant turn of events after the Harvey Weinstein event in October 2017, Ms. Dornatt breathes hope into ending workplace sexual harassment, and calls upon men to join women in ensuring it stops.


I Don’T Understand, Ryan Khojasteh Jan 2018

I Don’T Understand, Ryan Khojasteh

Hastings Women’s Law Journal

A poem expressing confusion and frustration at the lack of action taken by legislators to ensure women’s rights and an end to gun violence.


The First Pride Was A Riot: How Queer Activism Has Partnered With Police To Hurt The Community’S Most Vulnerable, Delaney Nevius Jan 2018

The First Pride Was A Riot: How Queer Activism Has Partnered With Police To Hurt The Community’S Most Vulnerable, Delaney Nevius

Hastings Women’s Law Journal

Summarizing the history and development of queer rights activism in San Francisco, this article reflects upon the legal goals of the queer community in San Francisco from 1960 to the present, observing a movement away from law enforcement resistance and towards collaboration and placing the community’s most vulnerable, queer people of color, at risk. The author outlines and problematizes three potential legal goals for the queer community moving forward: a constitutional claim of police misconduct, hate crime legislation, and police reform tactics.


Street Harassment: The Need For Criminal Remedies, Sonja Arndt Jan 2018

Street Harassment: The Need For Criminal Remedies, Sonja Arndt

Hastings Women’s Law Journal

This article shines light on the lack of street harassment laws in the United States, while outlining why there is an immediate need for these types of laws. The author seeks to develop a working legal definition of street harassment, while subcategorizing street harassment into three separate categories: catcalling, verbal sexual harassment, and verbal sexual assault. Lastly, the author puts forth a legal proposal which would criminalize verbal sexual harassment and verbal sexual assault.


No Justice For Guatemalan Women: An Update 20 Years After Guatemala’S First Violence Against Women Law, Héctor Ruiz Jan 2018

No Justice For Guatemalan Women: An Update 20 Years After Guatemala’S First Violence Against Women Law, Héctor Ruiz

Hastings Women’s Law Journal

This article is a report update examining the development and implementation of violence against women laws in Guatemala. In 2015, the Center for Gender and Refugee Studies, accompanied by U.C. Hastings, College of the Law professors and students, including the author, went to Guatemala and met with various agencies who work to combat violence against women. This report summarizes the study’s findings, in addition to offering recommendations to the Guatemalan and United States governments on how to protect women and children in Guatemala from gender-based violence.


Participating Equally: Using Tax Policy To Improve Female Workforce And Management Participation In The 21st Century, Katherine E. Smalley Jan 2018

Participating Equally: Using Tax Policy To Improve Female Workforce And Management Participation In The 21st Century, Katherine E. Smalley

Hastings Women’s Law Journal

Examining the question as to why there are so few women in the upper ranks of corporate America, this article proposes the use of the Tax Code as a powerful tool that can be used to promote social objectives. This article seeks to demonstrate ways in which the Tax Code previously has influenced behavior, and to provide a possible way to use the Tax Code that would positively impact top female workforce representation.


Shackling Women During Labor: A Closer Look At The Inhume Practice Still Occurring In Our Prisons, Amanda Glenn Jan 2018

Shackling Women During Labor: A Closer Look At The Inhume Practice Still Occurring In Our Prisons, Amanda Glenn

Hastings Women’s Law Journal

Despite legislation and policy to prevent such things from happening, incarcerated pregnant women are still being shackled and restrained when they give birth in prison. Shackling women during childbirth creates risks for both mother and child, and is completely unnecessary to ensure the safety of prison or heath personnel. This note reviews the rules and policies in place on both the federal and state level and highlights several personal stories of women who have been restrained, even when rules prohibiting the use of shackles are on the books. This note also emphasizes the gaps in the law and suggests the ...


“The World Is Changing Fast, And Women Will Be On Top”, Hastings Women’S Law Journal Jan 2018

“The World Is Changing Fast, And Women Will Be On Top”, Hastings Women’S Law Journal

Hastings Women’s Law Journal

Rep. Sam Farr represented the Central Coast of California in the U.S. House of Representatives for 23 years. During his time in Congress, he was given the unique opportunity to visit foreign countries and captured photos along the way. Rep. Farr shares three photos of women abroad, while also providing a short interview with Hastings Women’s Law Journal.


The Legal Implications Under Federal Law When States Enact Biology-Based Transgender Bathroom Laws For Students And Employees, Marka B. Fleming, Gwendolyn Mcfadden-Wade Jan 2018

The Legal Implications Under Federal Law When States Enact Biology-Based Transgender Bathroom Laws For Students And Employees, Marka B. Fleming, Gwendolyn Mcfadden-Wade

Hastings Women’s Law Journal

Recently, numerous states have considered enacting transgender bathroom laws based on the individual’s biological sex. In some cases, when these biology-based laws have been enacted, the results have been lawsuits filed by students and employees claiming violations of Title IX and Title VII. Actually, the legal rights of transgender students and employees when using public restrooms or facilities has become a hot topic of debate in recent times. In addressing this hotly debated topic, this article focuses on the transgender bathroom issue at the state level and provides insight into the attempts by states to turn policy into law ...


Courts Rule Too Narrowly Regarding The Right To Wear Religious Clothing In Public, Kendyl L. Green Jan 2018

Courts Rule Too Narrowly Regarding The Right To Wear Religious Clothing In Public, Kendyl L. Green

Hastings Women’s Law Journal

For numerous years, state and institutional rules have barred individuals from wearing religious clothing. Specifically, this issue has arisen in the military, the workplace, police departments, prisons, and public schools. Wearing religious clothing, particularly head coverings, is a vital aspect of Judaism, Islam, and Sikhism. The United States Constitution upholds the right to religious liberty in the First and Fourteenth Amendments. Additionally, the Religious Freedom and Restoration Act of 1993 (RFRA), Title VII of the Civil Rights Act of 1964, and the Religious Land Use and Institutionalized Persons Act (RLUIPA) statutes also protect religious freedom. Below, cases are examined that ...


Foreword, Sonja Arndt Jan 2018

Foreword, Sonja Arndt

Hastings Women’s Law Journal

No abstract provided.


Intersectional Resistance: A Case Study On Crimmigration And Lessons For Organizing In The Trump Era, Robin Pomerenke Jan 2018

Intersectional Resistance: A Case Study On Crimmigration And Lessons For Organizing In The Trump Era, Robin Pomerenke

Hastings Women’s Law Journal

Increasingly, the federal government has sought to utilize local law enforcement’s proximity to and intimacy with local communities to detain and deport immigrants. The resultant growth of crimmigration—the simultaneous enforcement of immigration law and criminal law—has sparked a large-scale social movement in California over the last ten years. This movement has built connections and solidarities among actors across communities and issue areas, including the faith community, the legal community, [etc.]. Using the response to crimmigration as a case study, this Note examines the potentials for intersectional resistance. What role has an awareness of intersectionality played in the ...


Romance Or Sexual Assault? Ambiguity Of Sexual Consent In The Media And How Yes Means Yes Legislation Can Help, Courtney Anne Groszhans Jan 2018

Romance Or Sexual Assault? Ambiguity Of Sexual Consent In The Media And How Yes Means Yes Legislation Can Help, Courtney Anne Groszhans

Hastings Women’s Law Journal

Before the reckoning of Me Too and the Time's Up Movement, legislation was being passed trying to prevent the numbers of sexual assault on college campuses with the Yes Means Yes legislation. Yes Means Yes Legislation often received the critique that people would have to sign a contract before engaging in sexual activity. However, upon reflection, a part of why Yes Means Yes sounds so severe is the American public is bombarded with an idea of romance in Hollywood movies that are arguably non-consensual and could be viewed as illegal depending on the targeted audience. Below these messages are ...


What Prohibition Teaches About Guns And Abortion: How Alcohol Can Save Individual Rights, Jesse D.H. Snyder Jul 2017

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

Hastings Women’s Law Journal

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.


Sexual Hostility A Mile High, Michelle L.D. Hanlon Jul 2017

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

Hastings Women’s Law Journal

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 Jul 2017

Foreword, Amy Depuy, Tyra Singleton

Hastings Women’s Law Journal

No abstract provided.


Conflicting Definitions Of Sexual Assault And Consent: The Ramifications Of Title Ix Male Gender Discrimination Claims Against College Campuses, Tyra Singleton Jul 2017

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

Hastings Women’s Law Journal

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 ...


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

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

Hastings Women’s Law Journal

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 Jul 2017

Sex Panic And Videotape, Stephan Ferris

Hastings Women’s Law Journal

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 Jul 2017

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

Hastings Women’s Law Journal

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 ...


Legal Censure Of Unconventional Expressions Of Love And Sexuality; Finding A Place In The Law For Bdsm, Anne Onoma Jan 2017

Legal Censure Of Unconventional Expressions Of Love And Sexuality; Finding A Place In The Law For Bdsm, Anne Onoma

Hastings Women’s Law Journal

The laws against assault and battery do not provide an exception for consensual BDSM. Consequently, a BDSM practitioner may be charged with criminally assaulting or battering a sexual partner despite having engaged in an activity that was completely consensual and not harmful in any meaningful way. Consent is the legal difference between sex and rape, and so consent should also be the difference between BDSM and criminal assault or battery. However, courts remain unwilling to even consider a defense of consent in assault and battery cases that include alleged BDSM activities. This note will explore the multiple ways in which ...