Digital Commons Network^™

Introduction: For Love Or Money? Defining Relationships In Law And Life, Kimberly D. Krawiec, Marion Crain

Faculty Scholarship

No abstract provided.

Corporations And Human Rights Law: The Emerging Consensus And Its Effects On Women's Employment Rights, Tiana O'Konek

Cardozo Journal of Equal Rights & Social Justice

The article argues that the current international human rights framework fails to adequately address corporate human rights abuses, particularly affecting women in the garment industry. This governance gap stems from the statist nature of international law, which overlooks non-state actors like corporations. Women in the garment industry, often confined to informal and precarious work, face systemic discrimination and exclusion from core labor protections, highlighting the need for a more inclusive and enforceable framework.

Who Takes The Heat? Criminal Liability For Heat-Related Deaths In High School Athletics, David Feingold

Cardozo Journal of Equal Rights & Social Justice

The note argues that criminal liability is a necessary and effective measure to address the preventable nature of heat-related deaths in high school sports. It highlights the inadequacy of current civil systems and the protective barriers of qualified immunity, which often shield coaches and schools from accountability. The vulnerability of young athletes, who rely heavily on their coaches for safety, underscores the need for stricter accountability measures to ensure their protection and reduce such tragedies.

Is Ze An American Or A Foreigner? Male Or Female? Ze's Trapped!, Annette De La Torre

Cardozo Journal of Equal Rights & Social Justice

The note argues that the legal and medical frameworks governing the treatment of transgender and transsexual immigrant detainees in U.S. Immigration and Customs Enforcement (ICE) facilities are inadequate, leading to violations of their Eighth Amendment rights. It contends that the legal system's reliance on narrow medical definitions and outdated gender roles fails to protect these detainees from unsafe and inhumane conditions. The analysis emphasizes the need for comprehensive reforms to address housing, medical care, and staff training to ensure dignity and safety for transgender detainees.

Protecting The Right To Choose: Regulating Conscience Clauses In The Face Of Moral Obligation, Huseina Sulaimanee

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 17, Iss. 3

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Where Are The Grounds For The Legality Of Abortion? A 13th Amendment Argument, Laura Sjoberg

Cardozo Journal of Equal Rights & Social Justice

The article critiques the legal framework supporting abortion rights, arguing that privacy-based jurisprudence, as established in *Roe v. Wade*, is inadequate due to its roots in a gendered public/private divide that perpetuates inequality. It proposes a new constitutional basis for abortion rights under the Thirteenth Amendment, framing forced pregnancy as a form of involuntary servitude and emphasizing gender subordination rather than privacy or equality.

Panel 2: Bringing Our Kids Home: International Parental Child Abduction And Retention, Matthew Antell, Corrin Ferber, David Hearn, Courtney Houk, Jeremy Morley, Edward Stein

Cardozo Journal of Equal Rights & Social Justice

Symposium: Crimes Against Children (February 15, 2011)

The Constitutionality Of And Need For Retroactive Civil Legislation Relating To Child Sexual Abuse, Jenna Miller

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the constitutionality and necessity of retroactive child sexual abuse laws, arguing that they provide victims with a pathway to justice despite statutes of limitations. It supports this stance with Supreme Court rulings and examples of successful implementations in states like California and Delaware, emphasizing the balance between victims' rights and defendants' rights.

He's So Gay ... Not That There's Anything Wrong With That: Using A Community Standard To Homogenize The Measure Of Reputational Damage In Homosexual Defamation Cases, Abigail A. Rury

Cardozo Journal of Equal Rights & Social Justice

The note examines the role of the community standard in determining defamation, particularly in cases involving false claims of homosexuality. It argues that the current application of the community standard often lacks clarity and may reflect judicial biases, leading to inconsistent rulings. The note proposes reforms to enhance the accuracy and transparency of defamation analysis by adopting a contemporary community standard, similar to that used in obscenity law, which considers specific geographic and social contexts.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Using Gender Equality Analysis To Improve The Wellbeing Of Prostitutes, Barbara Havelkova

Cardozo Journal of Equal Rights & Social Justice

The article presents a framework for analyzing prostitution through the lens of gender equality, aiming to improve the wellbeing of prostitutes by offering regulators and judges a tool for evaluation. It challenges the asymmetric legal treatment of prostitutes and clients, arguing that such treatment violates gender equality principles. The framework proposes symmetric treatment or measures benefiting prostitutes to address structural inequalities rooted in gender, class, race, and socioeconomic status. The analysis draws on European and common law jurisdictions, emphasizing the need for gender-conscious policies to ensure fairness and proportionality.

Sending The Principal To The Warden's Office: Holding School Officials Criminally Liable For Failing To Report Cyberbullying, Scott Farbish

Cardozo Journal of Equal Rights & Social Justice

The note argues that current state anti-cyberbullying statutes are insufficient to protect students and that holding school officials criminally liable for failing to address cyberbullying incidents would be a more effective deterrent. It contends that while legislatures have made progress in addressing cyberbullying, the lack of clear definitions and comprehensive measures leaves victims without adequate remedies. The note proposes that criminal liability for school officials would incentivize proactive measures to prevent cyberbullying, particularly in cases where off-campus incidents disrupt the school environment.

Guarding Their Sanctuary On The Offense: Criminal Contempt Actions By Domestic Violence Victims In Private Capacity, Mili Patel

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Gender-Classified Imports: Equal Protection Violations In The Harmonized Tariff Schedule Of The United States, Jason Lewis

Cardozo Journal of Equal Rights & Social Justice

The note argues that gender-based classifications in the Harmonized Tariff Schedule of the United States (HTSUS) likely violate the Equal Protection Clause of the Fourteenth Amendment. It critiques the Federal Circuit's application of a lower level of scrutiny in Totes-Isotoner Corp. v. United States and advocates for courts to apply intermediate scrutiny, as established by Craig v. Boren, to such classifications. The analysis also examines the role of the Office of the U.S. Trade Representative (USTR) in trade negotiations and asserts that international agreements cannot override constitutional protections.

The Use Of The Intent Doctrine To Expand The Rights Of Intended Homosexual Male Parents In Surrogacy Custody Disputes, Perri Koll

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the expansion of parental rights for homosexual male couples through surrogacy by promoting the intent doctrine and amending existing laws. It highlights the inconsistency in legal approaches across states and suggests that recognizing intended parenthood, regardless of sexual orientation, is essential for equality. The proposed solutions include adopting the intent doctrine nationwide and revising the Uniform Parentage Act to include same-sex couples.

Sustaining Voice Through Leadership: How Do Deaf Leaders Sustain Voice In Challenging Dominant Systems, Darlene Goncz Zangara

Antioch University Dissertations & Theses

The vehicle in communicating cultural identity, recognition, and justice is voice. Reclaiming or sustaining one's voice is to stand up for what one believes in, or to preserve one's identity and place in society. The deaf individual or any other marginalized individual is expected to proceed through a series of deliberations to determine favorable actions that will be persuasive, with the goal of embracing the voice of the marginalized. The deaf individual's voice or meaningful intentions will need to be effectively interpreted into mainstream American society's language and paradigms. This requires one to reconstruct the meanings and mediate the facts …

Toward A Theoretical View Of Dance Leadership, Jane Morgan Alexandre

Antioch University Dissertations & Theses

This is a theoretical dissertation, creating a beginning understanding of dance leadership.The subject is absent from both the dance and the leadership literature; therefore the concepts have been developed from the experiences of practice and integrated with concepts from those of outside disciplines through the process of reflective synthesis.In order to create this beginning understanding, dance leadership is established herein in its own domain, separate from both dance and leadership.It is a form of informal leadership—that is, not conferred by title or position within an organization—specifically leading in place, practiced by individual or groups of dancers with the goal of …

How Leaders Think: Measuring Cognitive Complexity In Leading Organizational Change, Iva Vurdelja

Antioch University Dissertations & Theses

The ability to lead complex organizational change is considered the most difficult leadership responsibility. Habitual linear thinking based on sequential procedural decision making is insufficient when responding to ambiguous and unpredictable challenges and interpreting systemic variables in the context of unforeseen problems, risks, and invisible interrelationships. The purpose of this exploratory multiple case study was to expand our understanding of the structure of the thinking employed by executive leaders as initiators and enablers of complex, large-scale organizational change. The researcher integrated knowledge of adult cognitive development and organizational leadership to examine the higher forms of reasoning abilities required for dealing …

Urban League Of Central Carolinas – Civil Rights Organizations In A New Era: An Action Research Study Of One Organization’S Pursuit Of New Strategies, Harry L. Alston

Antioch University Dissertations & Theses

What leadership approaches and operational strategies should traditional civil rights organizations, like the Urban League, undertake to in this post-civil rights era? Specifically at the local level, what expectations must the Urban League of Central Carolinas satisfy to reassert its leadership in Charlotte? In recent years, an increasing array of social enterprises across different sectors has emerged to address failures in civil society. Civil rights organizations have long served a niche in the battle for an equitable society. However, the role of civil rights organizations in community revitalization has been diffuse and subject to fundraising constraints. I undertook this action …

Enough Hope To Spare: The Transformative Experience Of Birth Parents As Leaders In Child Welfare, Nicole R. Bossard

Antioch University Dissertations & Theses

This study explores the transformative experience from client and service recipient to collaborative leader and partner in child welfare. Rather than expanding on existing literature that examines the nature and quality of the client experience from a service or customer satisfaction perspective, this study reflects the lived experiences of "real, bonafide" birth parent leaders in child welfare systems in the State of Kansas, several counties in Washington state, and Contra Costa County, California. The goal of the study is to illuminate the journey from clienthood to leadership as experienced by the nine birth parent leaders in the study through research …

Influencing Attitudes Toward People With Developmental Disabilities Using Arts Based Research, Marti Sue Goetz

Antioch University Dissertations & Theses

This study was conducted given as an inquiry about influencing attitudes toward people with developmental disabilities. Because resistance to homes for people with developmental disabilities situated in typical neighborhoods is still a problem, I seek a way to better assimilate people with "different abilities" into communities. For an historical foundation, I researched literature on the marginalization of this ethnographic group-people with developmental disabilities-and defined quality of life. In establishing groundwork for choice of methodology, I elaborate on arts used for social change. Arts based research methods were used to conduct the research. I created an exhibit using objects and photographs …

Stories Of Resistance: Black Women Corporate Executives Opposing Gendered (Everyday) Racism, Cheryl D. Jordan

Antioch University Dissertations & Theses

For this research, I explored contemporary resistance strategies that Black women executives in the corporate world use to oppose negative behaviors by others associated with their race and gender. The dissertation reviews scholarship about the major role the convergence of race and gender play in the day-to-day existence of Black women. Historically, negative images and beliefs have influenced the treatment of Black women in society. These same thoughts and images affect Black women executives in today’s workplace. African-American women continue to see limited advancement to senior levels within the corporate organization, even though diversity programs abound. As leaders in the …

Communication Channels Utilized By Emirati Females To Enact Leadership, K. Kathleen O'Neill

Antioch University Dissertations & Theses

The purpose of this exploratory study was to identify the communication channels six Emirati females concurrently employed in organizations in Abu Dhabi, United Arab Emirates in which they had supervisory responsibilities; formal, legitimate authority; and positional leadership roles recalled using with their direct reports to enact leadership. In particular, the study attempted to ascertain the reasons for the selection of communication channels when engaged in downward communication with organizational subordinates. Data were collected via three interviews with each participant over a four week period. Interviews were conducted both face-to-face and via telephone. Data were analyzed via thematic content analysis to …

From Nominal To Radical Discipleship: One Church’S Approach To Disciple Making, Wayne Berk Walters

Antioch University Dissertations & Theses

The majority of mainline denomination churches in America have experienced decline in membership, worship attendance, and vitality for over fifty years. As well, church members’ lifestyles, commitments, and habits tend to be not all that unlike Americans who do not attend church. Many church members live relatively nominal Christian lives when compared to the nature of the Christian life and discipleship described by Jesus in the gospels of the New Testament. This nominal understanding and adoption of the Christian life makes church membership and involvement unnecessary or secondary to the many other demands in modern life. Denominational officials, church pastors, …

Hbcus: Continued Relevance In The New Century, Sarah Willie-Lebreton

Sociology & Anthropology Faculty Works

No abstract provided.

Universal Citation And The American Association Of Law Libraries: A White Paper, Timothy L. Coggins

Law Faculty Publications

This white paper is a collaborative endeavor of many individuals, including members of the American Association of Law Libraries and its Digital Access to Legal Information Committee (DALIC), formerly the Electronic Legal Information Access & Citation (ELIAC) Committee. First, Justice Yvonne Kauger introduces the topic by identifying the groundbreaking steps taken by the Oklahoma Supreme Court. Law librarians Carol Billings and Kathy Carlson next provide a detailed and comprehensive history of citation reform and the American Association of Law Libraries' leadership and involvement in the issue. They also summarize the citation reform steps taken in selected jurisdictions. Finally, John Cannan, …

Reviewing Holy Writ: Interpretation In Law And Religion, Henry L. Chambers, Jr.

Law Faculty Publications

Holy Writ: Interpretation in Law and Religion is precisely what its title suggests. The book consists of “assembled essays on interpretation in the field of law and religion” written by Justice Antonin Scalia and professors of law and philosophy from the University of Leiden and the University of Utrecht. The genesis of the book was “a conference in the honour of Justice Antonin Scalia, who visited the Leiden law department to celebrate the opening of the new faculty building.” (Preface, ix) The structure of the book makes it particularly enjoyable. The collection is aptly likened to a chain novel in …

Filling The Fourth Circuit Vacancies, Carl W. Tobias

Law Faculty Publications

Federal judicial selection has become increasingly controversial. Allegations and recriminations, partisan division, and incessant paybacks have accompanied the appeals court appointments process for decades. These phenomena were pervasive in the administration of President George W. Bush as well as in nominations and confirmations to the United States Court of Appeals for the Fourth Circuit, particularly with respect to judgeships assigned to North Carolina.

The protracted vacancies have eroded the Fourth Circuit's delivery of justice, as operating without the fifteen circuit judges whom Congress authorized has exacted a toll. Across two and a half recent years, the court functioned absent a …

Re-Evaluating Corporate Criminal Liability: The Doj’S Internal Moral Culpability Standard For Corporate Criminal Liability, Lucian E. Dervan

Law Faculty Scholarship

This article examines the common law respondeat superior test for corporate criminal liability and proposes that it be expanded beyond the current two prong test to encompass a third prong regarding moral culpability. Further, this article supports this proposal by noting that the Department of Justice has already incorporated a moral culpability element into its analysis of corporate criminal liability through application of the Department’s Principles of Federal Prosecution of Business Organizations. While some might argue that one should be satisfied that the Department of Justice has seen fit to implement a new corporate criminal liability standard on its own …