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third-party sexual harassment and the implications of charges against Safeway
- Categories
- Article/Artikel
- Magazine Title
- Hastings Women's Law Journal
- Magazine Year
- 2000
- Magazine Number
- 1
- Creator
- Ream, S.L.
- Thesaurus
- seksuele intimidatie, Verenigde Staten
- Description
- This note examines the law of 'third-party sexual harassment' with regard to harassment perpetrated by cutomers. Particular attention is given to the implications of charges filed against a major super market chain alleging harassment by customers due to the implementation of a customer service policy. (Seksuele intimidatie door klanten: Dienstverlening)
reflections on transitions
- Categories
- Article/Artikel
- Magazine Title
- Hastings Women's Law Journal
- Magazine Year
- 2000
- Magazine Number
- 2
- Creator
- Jones, O.D.
- Thesaurus
- verkrachtingen
- Description
- The effectiveness of the legal system in preventing rape depends, in part, on the accuracy of the model of rape behavior on which it relies. To date, most models of rape reflect the disciplinary isolation of their proponents. In this article, Jones argues that integrating life science and social science perspectives on sexual aggression can improve law's model of rape behavior and further our efforts to reduce the incidence of rape. Extending his prior work on law, biology, and sexual aggression, Professor Jones addresses both why law's model of rape behavior can usefully incorporate insights from biobehavioral science in coming years, and why the transition to a behavioral model that supplements existing knowledge about rape with biobehavioral perspectives need not be as traumatic as commonly feared. In furtherance of that transition, Jones explores how common definitional ambiguities continue to plague most cross-disciplinary discussions of rape, and proposes more systematic disentangling of theories about the meaning of rape from theories about the cause of rape.
a need for refugee law reform
- Categories
- Article/Artikel
- Magazine Title
- Hastings Women's Law Journal
- Magazine Year
- 2000
- Magazine Number
- 2
- Creator
- Thiele, B.
- Thesaurus
- vluchtelingen, Verenigde Staten
- Description
- This article illustrates how the current definition of refugee is limited and therefore inadequate to protect millions of persons, namely those persecuted or facing persecution on account of gender. Likewise, recent developments in refugee law do not sufficiently provide protection to individuals facing gender-specific forms of persecution. This article argues for the addition of a gender category to the US, and ultimately the international, definition of refugee. While adding a gender category to the existing definition would not in itself be specific to either men or women, it would be particularly helpful in ensuring that women fleeing persecution on account of their gender are entitled to legal recognition and protection as refugees.
state-created danger theory in the foster care context
- Categories
- Article/Artikel
- Magazine Title
- Hastings Women's Law Journal
- Magazine Year
- 2000
- Magazine Number
- 2
- Creator
- Miller, M.
- Thesaurus
- voogdij, kinderbescherming
- Description
- The Supreme Court's decision in DeShaney v. Winnebago County Department of Social Services declared that abused children in the legal custody of the state (but residing with their natural parent) have no private cause of action against the state for substantive due process violations. Since the decision, many courts have attempted to circumvent DeShaney by using a 'state-created danger theory,' by which a state may be liable, under negligence principles, for removing a child from foster care and returning him/her to a parent, despite clear indications that future abuse will occur. This note examines the application of the state-created danger theory in the context of foster care, including the advantages and problems of permitting such a private cause of action. The author assesses whether a private cause of action should be permitted in these instances, and proposes avenues of redress and state accountability where a child's rights have been violated.
- Categories
- Article/Artikel
- Magazine Title
- Hastings Women's Law Journal
- Magazine Year
- 2000
- Magazine Number
- 2
- Creator
- Davies, M.
- Creator
- Seuffert, N.
- Thesaurus
- feminisme, lesbische vrouwen, recht, beleid
- Description
- As indicated by the title, the primary question concerns the relationship of situated knowledges, identity politics and the political dimension of law. The term 'situated knowledges' refers broadly to issues raised in feminist epistemology: how do oppressed groups experience the world differently to the dominant perspective, what is the relationship between different knowledge bases and what is the epistemological significance of 'the view from below?' 'Identity politics' is a term which has been used to describe political coalitions formed primarily around politically-charged identities. It has been used to indicate, for instance, that identification as a 'feminist' or as a 'lesbian' carries with it certain political implications and conversely, that anyone who does not hold certain beliefs is not 'really' a feminist or a lesbian. Recently, the relationship between identity and politics has been theorized in a way which takes more account of difference. Our aim is to consider some of this feminist theory in light of practical questions arising in relation to knowledge and identity in law: in particular, what is the relationship between knowledge and identity in the legal context, and how can this relationship be understood in terms of the politics of law?
affirmative action and candidate selection from a Scottish perspective
- Categories
- Article/Artikel
- Magazine Title
- Hastings Women's Law Journal
- Magazine Year
- 2000
- Magazine Number
- 2
- Creator
- Davidson, K.
- Creator
- Smith, R.D.
- Creator
- Webster, R.
- Creator
- Busby, N.
- Thesaurus
- positieve actie, politiek, Verenigd Koninkrijk
- Description
- This article examines some of the issues surrounding attempts to increase the participation of women in formal political structures. Although prominent on the international agenda, only Scandinavia comes close to a true gender balance. Within an international political and legal context, this article examines the remarkable improvement in female representation which has occurred in Scotland since 1997. Scotland is an ideal case study with recent elections to the Local Councils, the Scottish Parliament, the national Westminster Parliament and the European Parliament. In some instances, different techniques of affirmative action or reverse discrimination were employed. Each of these elections will be examined in turn. In conclusion, it will be submitted that the law permits affirmative action measures to redress existing gender imbalance. Now, all that is needed is the translation of the law and the political rhetoric into reality.
Showing 1-6 of 6 records.