21 Hastings Women's L.J. [i] (2010)

handle is hein.journals/haswo21 and id is 1 raw text is: Table of Contents

Foreword
By Sarah Grenfell and Jessi Leigh Swenson .......................................... 1
Probable Cause from Probable Bonds:
A Genetic Tattle Tale Based on Familial DNA
Article  by  Jessica  D . Gabel ..............................................................   3
DNA represents the gold standard of evidence that solves crimes and
obtains convictions.  Law   enforcement agencies increasingly turn to
national and local DNA databanks to generate possible suspects. These
searches may hit upon databank samples that only partially match the
DNA left at a crime scene. The value in a partial match is that it might
identify a relative of the perpetrator. Some states have embraced this
technique -  called familial DNA testing -   as a harmless additive to
traditional or routine investigatory methods, but at least one state has
explicitly banned its use. This Article examines the scientific, legal, and
bioethical implications of familial DNA testing. It examines the scientific
significance of obtaining a partial match, and questions whether the
archetype for determining the existence of a family relationship lacks
definition. It considers the legal problems posed by identifying and relying
upon innocent people to investigate their family members, including
infringements  on  privacy  rights  and  violations  of constitutional
requirements. Finally, this Article addresses the ethical implications of
familial DNA investigations, the tension between resolving crimes and
protecting bioinformation, and suggestions to balance the progress of
science with the privacy of the person.
Disrupting Sexual Categories of Intimate Preference
Article  by  Luke  A. Boso  ..................................................................   59
The Article first explores what discrimination in the intimate realm
may mean, and it discusses the ineffective application of traditional legal
antidiscrimination  measures in  favor of Professor Vicki Shultz's
disruption model. The disruption model looks at institutional practices
rather than individual intent, explaining that discrimination occurs when
institutions create differential categories and apply hierarchical meanings to
those categories. The Article then critically examines sexual orientation
as an incoherent and oppressive social construct in need of disruption.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?