http://www.rssboard.org/rss-specification 720 https://escholarship.org/uc/uclalaw_jgl/rss Recent eScholarship items from UCLA Journal of Gender and Law Tue, 23 Jun 2026 07:50:30 +0000 https://escholarship.org/uc/item/9xk346gj Birth Control Narratives: Jewish Women and the Law of Reproduction https://escholarship.org/uc/item/9xk346gj Thu, 4 Jun 2026 00:00:00 +0000 Hammer, Viva https://escholarship.org/uc/item/94g8w8n2 Black Letter Law https://escholarship.org/uc/item/94g8w8n2 Thu, 4 Jun 2026 00:00:00 +0000 Hoss, Aila https://escholarship.org/uc/item/15302098 Transgender Students and the Fundamental Right to Self-Identify at Scholl https://escholarship.org/uc/item/15302098 Thu, 4 Jun 2026 00:00:00 +0000 McCrudden, Garreth W. https://escholarship.org/uc/item/0cq7v8rv Front Matter https://escholarship.org/uc/item/0cq7v8rv Thu, 4 Jun 2026 00:00:00 +0000 https://escholarship.org/uc/item/700600tz Carceral Backlash: The Case for Changing the Course of Women's Homicide Convictions https://escholarship.org/uc/item/700600tz Tue, 12 May 2026 00:00:00 +0000 Jacobsen, Carol Winter, David G. Stewart, Abigail https://escholarship.org/uc/item/2ds38079 Intersectionally-Informed Advocacy: A Structural Justice Account of Wrongful Convictions for Sexual Violence https://escholarship.org/uc/item/2ds38079 Tue, 12 May 2026 00:00:00 +0000 Mills, Taylor Elyse https://escholarship.org/uc/item/5p36b6hz Pathways to the Boardroom for Women https://escholarship.org/uc/item/5p36b6hz Wed, 25 Mar 2026 00:00:00 +0000 Schipani, Cindy A. Dworkin, Terry M. Geiger, Alyse https://escholarship.org/uc/item/4x03z3mb Between a Rock and a Hard Place: Prenatal Personhood and the Right of Procreation https://escholarship.org/uc/item/4x03z3mb Wed, 25 Mar 2026 00:00:00 +0000 Aranaga, Dominica https://escholarship.org/uc/item/4kj5b48d Front Matter https://escholarship.org/uc/item/4kj5b48d Wed, 25 Mar 2026 00:00:00 +0000 https://escholarship.org/uc/item/4j73233k <p>Starting a family and becoming a parent are major milestones&nbsp;for many people regardless of their sexual orientation. While some&nbsp;people choose not to have children, others face unique challenges&nbsp;in their journey to becoming parents. The legalization of same-sex&nbsp;marriage opened the door for parenthood to many same-sex couples&nbsp;who wished to pursue parenthood; however, that journey would&nbsp;not be easy. The long history of medical institutions pathologizing&nbsp;homosexuality and the legal system’s criminalization of same-sex&nbsp;intimacy created a standard of heterosexuality that entrenched itself&nbsp;in the fabric of American society. This standard would eventually&nbsp;be used against same-sex couples in the healthcare system where&nbsp;they would attempt to access assisted reproductive technology.&nbsp;This Article explains how the centuries-long tradition of associating&nbsp;parenthood with heterosexuality had managed to seep into&nbsp;health insurance... https://escholarship.org/uc/item/4j73233k Wed, 25 Mar 2026 00:00:00 +0000 Grigorovicius, Mantas https://escholarship.org/uc/item/43c9x7r8 <p>This Note makes the case for federal abortion protections&nbsp;by illustrating the heightened danger of intimate partner violence&nbsp;during pregnancy and highlighting the ways that abusers may use&nbsp;the law and legal systems as tools of abuse against their pregnant&nbsp;partners. To do so, this Note explains how the United States&nbsp;Supreme Court recognized the heightened risk of intimate partner&nbsp;violence during pregnancy in Planned Parenthood v. Casey and used&nbsp;concern for the safety of survivors of intimate partner violence to&nbsp;strike down abortion restrictions. It next discusses how Dobbs v.&nbsp;Jackson Women’s Health Organization toppled critical protections&nbsp;for survivors of intimate partner violence when it ended federal&nbsp;constitutional protections for abortion. The Note explains the ways&nbsp;that bounty-style laws like Texas’s S.B. 8, wrongful death suits, spousal&nbsp;consent laws, and pregnancy criminalization laws can be used to&nbsp;further... https://escholarship.org/uc/item/43c9x7r8 Wed, 25 Mar 2026 00:00:00 +0000 Phillips, Kira Eidson https://escholarship.org/uc/item/28g3g0b6 <p>Childcare, and how to pay for it, is one of the central issues&nbsp;facing families and society today. The challenges of childcare&nbsp;adversely impact women who bear the primary responsibility for&nbsp;such care, both paid and unpaid. During the COVID-19 pandemic,&nbsp;women were more likely to bear the professional and personal&nbsp;impact of shuttered preschools and the absence of daycare centers.&nbsp;Even wealthy families faced these same challenges, along with the&nbsp;common concerns of protecting their health and those of vulnerable&nbsp;family members. Post-COVID, all households have seen the&nbsp;rising costs of childcare, as licensed care centers have permanently&nbsp;closed and informal care is in short supply. The unaffordability and&nbsp;unavailability of childcare presents a particular challenge for those&nbsp;in the middle and low-income classes as they also struggle with the&nbsp;high costs of food, healthcare, housing, and other daily expenditures.&nbsp;This... https://escholarship.org/uc/item/28g3g0b6 Wed, 25 Mar 2026 00:00:00 +0000 Shurtz, Nancy E. https://escholarship.org/uc/item/8zw211sq Women face greater difficulties than men in establishing asylum in the United States. This is due in part to the fact that the Refugee Act situates asylum primarily in forms of persecution associated with the male experience. Women who seek asylum in the United States because they flee gender-based violence must establish that their persecution occurs on account of their membership in a particular social group. Such a showing is challenging, both in terms of the test to establish membership in a particular social group and because this form of harm is positioned in gendered notions of activities that are societally considered as operating in the private sphere. This Article therefore draws on existing scholarship, but also expands the lens to encourage advocates in this space to consider effective rhetorical strategies employed in the #MeToo movement. It then offers suggestions for how those strategies might be directed at advocacy in the asylum context. https://escholarship.org/uc/item/8zw211sq Fri, 14 Jul 2023 00:00:00 +0000 Weresh, Melissa H. https://escholarship.org/uc/item/8cd724t4 Front Matter https://escholarship.org/uc/item/8cd724t4 Fri, 14 Jul 2023 00:00:00 +0000 Editors, Editors https://escholarship.org/uc/item/78m787qr Black women in the United States have endured centuries of race- and gender-based violence, unable to find refuge in neither their communities nor the law. This paper will discuss police violence through the lens of Black feminist theory by first giving a historical review of state-sanctioned violence in Black communities; then, examining violence done to Black women through a Black feminist framework; followed by an exploration into why Black women’s experiences of police violence are largely overlooked and what can be done to bridge the gap between advocacy for Black men and women victims of police violence. https://escholarship.org/uc/item/78m787qr Fri, 14 Jul 2023 00:00:00 +0000 Lett, Charelle https://escholarship.org/uc/item/6w42s17w <p>While implicit gender bias may attach multiple aspects of one's gender, this Article examines gender bias solely through the lens of communication and language use, which the hope that this allows for a more focused understanding of the lack of gender parity of law.</p><p>Part I of this Article reviews the studies and statistical data indicating that women in the legal profession lag behind their male counterparts in traditional indicators of success. Part II discusses the role that implicit bias may play in preventing women from achieving parity in legal employment. Part III addresses the sociolinguistic studies documenting gendered differences in communications styles as well as the feminist theories that suggest why women experience barriers to success based upon these differences. Part IV examines the social science literature documenting how women are penalized for their communication style in the workplace and courtroom. Part V charts the "linguistic minefield"—how women... https://escholarship.org/uc/item/6w42s17w Fri, 14 Jul 2023 00:00:00 +0000 Kline, Emily A. https://escholarship.org/uc/item/67w4v1pw The humble aim of this Article is to provide a fresh analysis of recent legislative and jurisprudential developments relating to the so-called counterattack on love jihad through the lens of nationhood and the control and conquest of the female body. This Article argues that the instrumentalization of the Hindu woman’s marriage as the territory for Hindutva prosperity serves to cast out non-Hindu communities, notably Muslims, as non-Indian, while further entrenching the patriarchal notions of sexuality and paternalism that have enabled the enactment of anti-love jihad laws in the first place. The remainder of the Article is structured as follows. Part II provides a brief overview of the purported preoccupations behind the anti–love jihad campaign. Part III lays out notable legislative initiatives in India aiming to combat coerced conversion through marriage as a response to the love jihad conspiracy. It also highlights important ideological similarities between such laws and the... https://escholarship.org/uc/item/67w4v1pw Fri, 14 Jul 2023 00:00:00 +0000 Narain, Vrinda https://escholarship.org/uc/item/65749768 Table of Contents https://escholarship.org/uc/item/65749768 Fri, 14 Jul 2023 00:00:00 +0000 Editors, Editors https://escholarship.org/uc/item/2951b1ks This Article’s argument proceeds as follows. Part I examines the capacity of the existing criminal law landscape to accommodate survivor-defendants by applying available defenses and mechanisms to these cases. Part I concludes that none of the current legal doctrines adequately respond to the unique pressures and circumstances that victims/survivors experience. In Part II, the Article questions the moral legitimacy of the state to criminalize and punish survivors for killing their abusive partners. After exploring the numerous ways in which they are entrapped in abusive relationships concurrently by their abusive partners and the state, Part II suggests that battered women cannot be held responsible by the entrapping state for their resulting criminal actions. Part II then further justifies the decriminalization of survivors by invoking the prevailing theories of punishment and establishing that they do not provide a reasonable rationale for incarcerating survivors. In Part III,... https://escholarship.org/uc/item/2951b1ks Fri, 14 Jul 2023 00:00:00 +0000 Zamouri, Inès https://escholarship.org/uc/item/22w5s00b Since 2015, legal strategies to end period poverty and achieve menstrual equity have increased dramatically across the United States. Current advocacy for menstrual equity is concentrated in three main areas: litigation based on sex discrimination claims, legislation to end additional taxes on menstrual products, and legislation to increase access to menstrual products in schools. This Article outlines and analyzes the history of menstrual equity activism in litigation and legislative initiatives to understand the progress that advocates have achieved. This Article then argues that the framework of sex discrimination limits current menstrual equity legal strategies and, therefore, lawyers and activists should adopt are productive justice lens to meet the needs of the most marginalized menstruators. Lastly, this Article argues that to advocate for true menstrual justice, advocates should shift their attention and resources to administrative and policy changes that would work to... https://escholarship.org/uc/item/22w5s00b Fri, 14 Jul 2023 00:00:00 +0000 Crays, Allyson https://escholarship.org/uc/item/1rg6s0mp <p>This Essay argues that the lack of paid parental leave for federal law clerks enables pregnancy discrimination, restricts women's reproductive choice, and perpetuates gender inequality within the legal profession.</p><p>This Essay is organized as follows. Part I demonstrates how the lack of parental leave leads to an implicit prohibition against childbirth, thereby enabling pregnancy discrimination and restricting women's reproductive choice. Part II shows how the lack of parental leave fosters gender inequality within the profession by allowing men, but not women, to build their career and family simultaneously. Part III explains why the clerkship's unique structure is no justification for denying parental leave to term clerks.</p> https://escholarship.org/uc/item/1rg6s0mp Fri, 14 Jul 2023 00:00:00 +0000 Sanders, Bailey https://escholarship.org/uc/item/80v610w7 <p>Drawing on the author’s own experience of gender discrimination, harassment, and retaliation during her clerkship and in the years following it, this Article analyzes the deficits in current federal and D.C. judicial reporting systems to demonstrate the urgent need for reform. This Article focuses on federal policies, because those would be affected by the JAA, while also addressing D.C. policies, based on the author’s personal experience. This Article then analyzes the strengths and weaknesses of the JAA and specifically argues that D.C. judges should be covered under the proposed legislation. Finally, the author reflects on her attempts to report the misconduct, how the system failed her when she tried to report, and her efforts to seek justice for herself and accountability for the misbehaving former judge.</p> https://escholarship.org/uc/item/80v610w7 Fri, 26 Aug 2022 00:00:00 +0000 Shatzman, Aliza https://escholarship.org/uc/item/6zz44740 Table of Contents https://escholarship.org/uc/item/6zz44740 Fri, 26 Aug 2022 00:00:00 +0000 Editors, Editors https://escholarship.org/uc/item/4cv0x7k4 <p>This Article argues that inaccurate ideas about women and work during economic downturns, including misconceptions about which women work and how they work, lead to inadequate policy responses and ultimately hurt working women. New Deal-era federal women’s aid programs, designed around an artificial picture of the average working woman, did not provide the same robust level of jobs support that men’s programs provided. Similarly, the major federal stimulus package during the Great Recession invested in male-majority industries but failed to invest in&nbsp;industries dependent upon women’s labor, in part because of the misconception that working women were already “winning” the jobs race. Framing the average working woman during the pandemic recession as a remote worker in a two-income household has the potential to steer federal policy away from avenues that would help the majority of women workers who are not remote workers in two-income households. Recovery efforts during... https://escholarship.org/uc/item/4cv0x7k4 Fri, 26 Aug 2022 00:00:00 +0000 Ruane, Patrice https://escholarship.org/uc/item/2nb8d4k3 Front Matter https://escholarship.org/uc/item/2nb8d4k3 Fri, 26 Aug 2022 00:00:00 +0000 Editors, Editors https://escholarship.org/uc/item/20s8q9wx <p>Based on an immense and heretofore underutilized archive of trial transcripts and legal briefs, this Article provides the first holistic study of sexual assault trials in the Jim Crow south. It reveals that, rather than merely procedures for determining legal guilt or innocence, these trials were also (and often primarily) rituals for discerning which member or members of a community had violated that community’s social mores in such a way as to warrant violence—the violence of ostracism, incarceration, or death. Sexual assault certainly represented a violation of the Jim Crow south’s social mores, but to many it was not the most significant such violation. Rather, transgressing the race, sexual, gender, and class hierarchies on which Jim Crow society depended was the far greater crime. To juries in the Jim Crow south, a white woman behaving promiscuously or a Black woman refusing to act subordinately might be more deserving of punishment than her rapist. Likewise, a white... https://escholarship.org/uc/item/20s8q9wx Fri, 26 Aug 2022 00:00:00 +0000 Stern, Scott W. https://escholarship.org/uc/item/8sk4m67b This Article analyzes feminist activism in Argentina through the lens of the Ni Una Menos movement. This is not an exhaustive study of the Ni Una Menos movement or of feminist activism in Argentina. Instead, this Article provides a descriptive introduction to the movement and explores its aims. Additionally, focus on Ni Una Menos is not intended to diminish or ignore the importance and strength of other similar groups, but rather to paint a clear picture of the largest and most well-known feminist organization in Argentina in order to provide a descriptive account of the status of the women’s rights movement in the country. Indeed, many of the advocacy tactics Ni Una Menos uses are illustrative of the tactics used by many Argentine feminist groups, making it paradigmatic of the country’s feminist movement as a whole. https://escholarship.org/uc/item/8sk4m67b Sat, 6 Aug 2022 00:00:00 +0000 Cohen, Paulina https://escholarship.org/uc/item/8hb8h8k3 When examining the history and inception of this country, one will find that restricting and barring access to reproductive care and freedom was one of the original and primary tactics slave owners used to control enslaved peoples and their descendants. https://escholarship.org/uc/item/8hb8h8k3 Sat, 6 Aug 2022 00:00:00 +0000 Lee-Wallace, Larada https://escholarship.org/uc/item/6j07j1g7 Advocacy often boils down to messaging. It frankly doesn’t matter how right or wrong you are if you can persuade an audience on other grounds. There is no better persuasion tool than a child representative of a cause; children invoke a sense of vulnerability and a desire to protect that become stronger the younger the child is. Fetuses are the epitome of this phenomenon, making them the natural foundation for anti-abortion activists to base their messaging. This tactic has been frustratingly effective due to its tendency to shield unassuming and ambivalent individuals from the truth: those who oppose abortion do so out of a desire to exert control over an individual’s—usually a woman’s—body. If the façade of protecting children is stripped away, anti-abortion activism maintains its roots in denying individuals with uteruses full control over their bodies and reproduction. https://escholarship.org/uc/item/6j07j1g7 Sat, 6 Aug 2022 00:00:00 +0000 Ewulonu, Nneka https://escholarship.org/uc/item/5ns7n7b0 Front Matter https://escholarship.org/uc/item/5ns7n7b0 Sat, 6 Aug 2022 00:00:00 +0000 Editors, Editors https://escholarship.org/uc/item/3051q2dp Editors' Note https://escholarship.org/uc/item/3051q2dp Sat, 6 Aug 2022 00:00:00 +0000 Kamran, Gabriella Bobbitt, Cecilia https://escholarship.org/uc/item/20x8s6gf In the face of state-by-state attacks on the right to choose, which result in regular challenges to Roe v. Wade in the U.S. Supreme Court, this essay asks whether Roe is needed at all. Decades of state law encroachments have caused Roe to fail to properly protect the right to choose. Building on prior works that challenge the premise of fetal personhood and highlighting the status of Roe-based rights after decades of challenges, this essay proposes an alternative solution to Roe. Federal legislative and executive efforts, including the Women’s Health Protection Act, are necessary to ensure the right to choose remains accessible to all pregnant persons. https://escholarship.org/uc/item/20x8s6gf Sat, 6 Aug 2022 00:00:00 +0000 Chatman, Carliss https://escholarship.org/uc/item/1sw693fr This Article traces the history of the claim that restrictions on abortion violate either the Free Exercise Clause or the Religious Freedom Restoration Act (RFRA). This claim asserts that laws that ban or restrict access to abortion burden pregnant people’s ability to make reproductive decisions guided by their sincerely held religious beliefs or burden healthcare providers’ ability to provide abortion care as dictated by their religious beliefs. This Article argues that recovering this lost history reveals a dual erasure: erasure of the fact that faith motivates or even requires people to provide or obtain abortions and erasure of the decades-long legal claim that protecting the right to abortion is actually more consistent with religious-liberty principles than restricting it. There is a rich tradition of the clergy, the women’s movement, and religious organizations fusing free-exercise arguments with arguments about economic justice, dignity, and pregnant people’s ability to... https://escholarship.org/uc/item/1sw693fr Sat, 6 Aug 2022 00:00:00 +0000 Roat, Olivia https://escholarship.org/uc/item/1j45j4wp Table of Contents https://escholarship.org/uc/item/1j45j4wp Sat, 6 Aug 2022 00:00:00 +0000 Editors, Editors