{"title":"Not One Woman Less: An Analysis of the Advocacy and Activism of Argentina's Ni Una Menos Movement","authors":"P. Cohen","doi":"10.5070/l329158298","DOIUrl":"https://doi.org/10.5070/l329158298","url":null,"abstract":"","PeriodicalId":83388,"journal":{"name":"UCLA women's law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46522207","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Hidden Cost of Incarceration: Women of Color Pay the Price of Legislation That Allows For Exploitive Private Profits","authors":"A. Waraich","doi":"10.5070/l328155787","DOIUrl":"https://doi.org/10.5070/l328155787","url":null,"abstract":"","PeriodicalId":83388,"journal":{"name":"UCLA women's law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41539810","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Body as Borderland: The Abortion (Non)Rights of Unaccompanied Teens in the Federal Immigration Custody In the Trump-Pence Era","authors":"J. S. Ehrlich","doi":"10.5070/l328155786","DOIUrl":"https://doi.org/10.5070/l328155786","url":null,"abstract":"In 2017, Scott Lloyd, the newly appointed director of the Office of Refugee Resettlement (ORR) declared that henceforth pregnant teens in federal immigration custody could not obtain an abortion without his express consent. This quickly proved to be an impossibility on account of Lloyd’s deeply held and religiously saturated antiabortion beliefs. In justifying his denial of consent to all who sought it, Lloyd insisted that ORR had a statutory obligation to provide refuge to the unborn as well as to protect unaccompanied minors in the care and custody of the agency from the trauma of abortion regret. This article focuses on the origins and implementation of Lloyd’s abortion-consent policy within the broader context of the Trump administration’s “pro-life” and anti-immigrant agendas, and its contestation in the much-publicized Garza v. Hargan class-action lawsuit brought by the ACLU Reproductive Freedom Project. As argued, by mapping these twinned commitments onto the transgressive bodies of undocumented pregnant teens in federal immigration custody, the policy appropriated the seemingly private and intimate in order to both punish these young women by compelling motherhood as a sanction for their infractions and deter those who might otherwise be tempted to breach the Southern border as “abortion tourists.”","PeriodicalId":83388,"journal":{"name":"UCLA women's law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42259452","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Constitutive In/visibility of the Trans Legal Subject: A Case Study","authors":"F. Ashley","doi":"10.5070/l328155794","DOIUrl":"https://doi.org/10.5070/l328155794","url":null,"abstract":"About the Author BCL/LLB, LLM (Bioeth). Metaphorically a biorg witch with flowers in their hair. I am currently pursuing a doctorate in law at the University of Toronto Faculty of Law. A French-language version of this paper appeared in an August 2020 special issue of the Canadian Journal of Law and Society: Florence Ashley, L’In/visibilité Constitutive du Sujet Trans: L’Exemple du Droit Québécois, 35 Can. J.L. & Soc’y 317 (2020). I would like to thank the participants of the special issue workshop held on May 3rd, 2019 as part of the On the Margins of Trans Legal Change symposium. I would particularly like to thank Robert Leckey, Samuel Singer, and Dan Irving for their inestimable comments. For her incredible aid and insightful comments, I would also like to thank the French editor-in-chief of the Canadian Journal of Law and Society, Dominique Bernier.","PeriodicalId":83388,"journal":{"name":"UCLA women's law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46004092","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Vanguards of Democracy: Juries as Forerunners of Representative Government","authors":"Nino C. Monea","doi":"10.5070/l328155791","DOIUrl":"https://doi.org/10.5070/l328155791","url":null,"abstract":"","PeriodicalId":83388,"journal":{"name":"UCLA women's law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47900193","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Women as an Identity and Its Intersection with the Law: \"Gender Justice and the Law\" and Theoretical Practices of Intersectional Identity","authors":"Zalman A. Robles","doi":"10.5070/l328155784","DOIUrl":"https://doi.org/10.5070/l328155784","url":null,"abstract":"","PeriodicalId":83388,"journal":{"name":"UCLA women's law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42933937","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Reexamining Reasonableness: Modernizing the \"Ellerth/Faragher\" Defense","authors":"D. Y. Byun","doi":"10.5070/l328155793","DOIUrl":"https://doi.org/10.5070/l328155793","url":null,"abstract":"","PeriodicalId":83388,"journal":{"name":"UCLA women's law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44056693","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Obergefell and the Dignitary Harm of Identity-Based Military Service Exclusion","authors":"E. Merriam","doi":"10.5070/L3271047872","DOIUrl":"https://doi.org/10.5070/L3271047872","url":null,"abstract":"Author(s): Merriam, Eric | Abstract: In Obergefell v. Hodges, the Supreme Court recognized the right of same-sex couples to be married.[1] In doing so, the Court remedied the demeaning exclusion of a historically disadvantaged minority group from a nationally cherished institution, noting the stigma and injury the exclusion caused. The sweeping language of the majority opinion in Obergefell and its focus on exclusionary harm suggested a new era of inclusion for lesbian, gay, bisexual, and transgender Americans.[2] This Article argues that the exclusion of transgender persons from military service constitutes the type of harm Obergefell and the Equal Protection Clause prohibit.This Article first provides background on the pre-Obergefell landscape for constitutional challenges to military service exclusion. Second, the Article assesses Obergefell’s jurisprudential expansions of substantive due process and equal protection doctrines through its recognition of the exclusionary harm done to gay people by excluding them from the institution of marriage. The Article uses the Court’s exclusionary harm analysis to assess the exclusion of a historically disadvantaged minority group from another nationally cherished institution: the Trump Administration’s ban on transgender persons serving in the military. Third, the Article argues that Obergefell advanced a new equal protection doctrine: the government may not demean a group by excluding it from an important positive right resulting in dignitary harm. The Article concludes that the transgender military ban constitutes the type of dignitary harm that Obergefell and the Equal Protection Clause prohibit. [1]. Obergefell v. Hodges, 135 S. Ct. 2584, 2608 (2015). [2]. While the opinion did not explicitly address transgender rights, the Court wrote, “[t]he Constitution promises liberty to all within its reach, [including the right] to define and express their identity.” Id. at 2593. Some commentators observed this extended protections to transgender people. See, e.g., Scott Skinner-Thompson, How Obergefell Could Help Transgender Rights, Slate (June 26, 2015), https://slate.com/human-interest/2015/06/obergefell-and-trans-rights-the-supreme-courts-endorsement-of-identity-expression-could-help-trans-activism.html [https://perma.cc/ZF3W-PVWP]; J. Courtney Sullivan, What Marriage Equality Means for Transgender Rights, N.Y. Times (July 16, 2015), https://www.nytimes.com/2015/07/16/opinion/what-marriage-equality-means-for-transgender-rights.html [https://perma.cc/23M3-T2NV].","PeriodicalId":83388,"journal":{"name":"UCLA women's law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70753099","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}