Digital Commons Network^™

Advancing A Surrogate-Focused Model Of Gestational Surrogacy Contracts, Catherine London

Cardozo Journal of Equal Rights & Social Justice

The article examines the ethical, legal, and feminist implications of commercial surrogacy, arguing that the practice raises significant concerns about the commodification and exploitation of women and children. It critiques the current legal framework for its inconsistency and paternalistic approach, which often restricts women's reproductive freedom. The analysis advocates for a surrogate-focused contract model to address these issues, emphasizing the need to empower surrogates by granting them greater autonomy and bargaining power in surrogacy arrangements. This approach aims to balance the interests of all parties while minimizing the risk of exploitation.

Constitutional Implications Of Title Ix Compliance In Colleges And Universities, Michael Rosen

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Convenient Scapegoats: Juvenile Confessions And Exculpatory Dna In Cook County, Illinois, Joshua A. Tepfer, Craig M. Cooley, Tara Thompson

Cardozo Journal of Equal Rights & Social Justice

The article examines the pervasive issue of false confessions, particularly among juveniles and mentally challenged individuals, which often lead to wrongful convictions. It underscores the critical role of DNA evidence in exonerating the innocent and highlights the need for systemic reforms in police interrogation practices and prosecutorial oversight. The analysis emphasizes the importance of transparency in evidence handling and the implementation of policies to prevent future injustices.

Predators In Paradise: Puerto Rico's Recent Sex Offender Problems And The Federal Government's Ill Suited Solutions, Adan Soltren

Cardozo Journal of Equal Rights & Social Justice

The note examines the challenges and implications of implementing the Adam Walsh Act (2006) in Puerto Rico, particularly its Sex Offender Registration and Notification Act (SORNA) provisions. It highlights Puerto Rico's noncompliance with SORNA due to its less stringent sex offender laws and the economic and policy concerns surrounding full adoption. The analysis critiques SORNA's one-size-fits-all approach, especially its treatment of juvenile offenders, and proposes tailored solutions for Puerto Rico to address these issues while maintaining public safety.

Where Are They Coming From, Where Are They Going: Demanding Accountability In International Adoption, Elizabeth Long

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the United States to exclusively permit international adoptions from countries that have ratified the Hague Adoption Convention (HAC). This approach aims to enhance accountability, prevent human trafficking, and ensure that adoptions are conducted ethically and transparently. The HAC provides a framework that protects the rights of children, birth families, and adoptive parents, addressing the shortcomings of non-HAC adoptions, which often lack sufficient safeguards.

Reproducing Value: How Tax Lax Differentially Values Fertility, Sexuality, And Marriage, Tessa Davis

Cardozo Journal of Equal Rights & Social Justice

Section 213 of the Internal Revenue Code permits a deduction for an individual's fertility expenses, but it does not do so evenhandedly. This paper focuses on the current discriminatory effects of Section 213 doctrine as it is applied to the deductibility of fertility treatments for single persons and or homosexual couples, as compared to heterosexual, married couples. Traditional economic analysis of the Code fails to explain such discrimination, thus a new approach is required. Utilizing tools from anthropological theory, this paper recognizes and analyzes our tax code-and specifically Section 213-as a cultural artifact and therein challenges the presumed objectivity of …

"She Stedfastly Accused Him In The Time Of Her Travail": Women's Words And Paternity Suits In 18th-Century Massachusetts, Kristin A. Olbertson

Cardozo Journal of Equal Rights & Social Justice

The article examines the decline of women's testimony in bastardy cases in post-revolutionary Massachusetts, arguing that this shift was driven by changing gender ideologies, the Anglicization of legal procedures, and the increasing exclusion of women from authoritative roles. While women's testimony was once central to determining paternity, by the late 18th century, male jurors became the primary decision-makers, reflecting broader societal efforts to restrict women's public roles. The analysis highlights how this transition underscores the intersection of legal and cultural changes in early America.

Abandoning Women To Their Rights: What Happens When Feminist Jurisprudence Ignores Birthing Rights, Rebecca A. Spence

Cardozo Journal of Equal Rights & Social Justice

The article argues that feminist jurisprudence has neglected the critical issue of birthing rights, failing to integrate them into legal scholarship and education. This omission leaves women vulnerable to violations of their autonomy and dignity during childbirth, as courts and legislatures often prioritize fetal interests and medical authority over women's rights. The article emphasizes the need for a more robust legal framework that protects women's rights to make autonomous decisions about their care, including access to midwifery and the right to refuse medical interventions.

The War On Women's Fundamental Rights: Connecting U.S. Supreme Court Originalism To Rightwing, Conservative Extremism In American Politics, Donna J. King

Cardozo Journal of Equal Rights & Social Justice

The article argues that the Fourteenth Amendment's Privileges or Immunities Clause, intended to protect fundamental rights for all citizens, including women, has been systematically undermined by the U.S. Supreme Court's originalist interpretations. This erosion, exemplified by cases like SlaughterHouse, has emboldened right-wing extremism and threatens women's rights, particularly in the context of unenumerated fundamental rights. The article contends that the Court's narrow constructions and disregard for legislative history have perpetuated inequality and stripped the Clause of its intended protective power.

Ain't I A Victim? The Intersectionality Of Race, Class, And Gender In Domestic Violence And The Courtroom, Geneva Brown

Cardozo Journal of Equal Rights & Social Justice

The legal system systematically fails to protect marginalized groups, particularly African American women, from intimate-partner violence due to entrenched race, gender, and class biases. These biases manifest in the courts' disregard for the unique experiences of African American women, as highlighted by Kimberlé Crenshaw's intersectionality theory. The article examines how systemic discrimination and the courts' failure to enforce protective orders perpetuate violence against this vulnerable population, emphasizing the lethal consequences of these failures. The analysis also critiques the Supreme Court's narrowing of constitutional protections in cases like DeShaney v. Winnebago County and Castle Rock v. Gonzales, which further erode …

Untold Truths: What Adoptive Parents Should Know About Their Adoptee's In Utero Drug And Alcohol Exposure, Mehrnoosh Torbatnejad

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Cartoons Aren't Real People, Too: Does The Regulation Of Virtual Child Pornography Violate The First Amendment And Criminalize Subversive Thought?, Keisha April

Cardozo Journal of Equal Rights & Social Justice

The note argues that the government's regulation of virtual child pornography, particularly under the Obscene Visual Representations of the Sexual Abuse of Children (OVR) provision of the PROTECT Act, raises significant First Amendment concerns. While the provision aims to protect children, it criminalizes depictions that do not involve real children, undermining free expression. The analysis critiques the OVR provision's overbreadth and vagueness, asserting that it chills artistic expression and fails to serve a compelling government interest. The note advocates for narrowing the provision to focus on actual harm rather than fictional depictions.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Teacher Retention: What Motivates Highly Qualified Urban Teachers To Stay?, Orlando B. Milligan

Theses and Dissertations

This applied dissertation was designed to provide insight into what motivates highly qualified teachers to remain in urban schools. Research has shown that the single most important factor in a child’s education is the teacher. Consequently, the issues related to teacher recruitment and retention rank as serious problems facing urban schools and the achievement of their children.

The purpose of this study was to examine what motivates highly qualified teachers to remain in urban schools and to identify factors that may contribute to the retention and recruitment of an urban teaching corps. This study also sought to determine if there …

The Internet And The Evolution Of Library Research: The Perspective Of One Longitudinal Study, Paul T. Jaeger, Kim M. Thompson, Jonathan Lazar

Faculty Publications

The article discusses the impact of the Internet on library research, public libraries, and public library research. It examines the methods of the Public Library Funding and Technology Access Study. The authors assert that the Internet has allowed libraries to add capacity to library research. The article briefly discusses the technological environment prior to the Internet and studies sponsored by the U.S. National Commission on Libraries and Information Science (NCLIS) and the American Library Association (ALA).

Show And Tell: Using Restorative Practices And Asset Based Community Development To Address Issues Of Safety And Violence, Tera Lynn Mcintosh

Antioch University Dissertations & Theses

The purpose of this study was to explore how restorative practices could help increase the social fabric within communities in order to help solve complex community problems. Although literature on restorative practices is bountiful for the purposes of restorative justice and restorative practices in schools, there is little literature on how to use restorative practices to create more restorative communities or neighborhoods. For the purpose of this study I looked at the issue of violence and safety within a particular community and implemented a framework of restorative practices that focused on asset based community development and building healthier relationships. I …

The Reintegration Myth: An Interpretive Phenomenological Inquiry Into The Reentry Experiences Of Air Force Reservists Returning From Afghanistan, Brent French

Antioch University Dissertations & Theses

This project documents the 18-month reentry trajectory of nine (including the author) United States Air Force Reservists returning home from a six-month deployment to Afghanistan in 2009 and 2010. Compared with their Active Component peers, members of the Reserve Component are more likely to be diagnosed with adaptive disorders and have an elevated risk of unemployment, substance abuse, and suicide. Since a critical difference between Active and Reserve Component members is the dual-status of reservists as both military members and civilians, this project sought to better understand this duality within the context of nonpathological reentry. This required an interdisciplinary approach …

Through The Eyes Of The Family: A Collective Case Study Of Family Business Consulting, Cynthia L. Waisner

Antioch University Dissertations & Theses

Interest in family businesses has increased over the last 50 years. Little empirical research, however, has been devoted specifically to the study of family business consulting. Various practitioners have offered their insights regarding approaches and tools, and a few empirical studies have offered the practitioners’ viewpoints regarding the practice area. The purpose of this study was to add to this small body of research by providing a view of family business consulting through the lens of the family business member. The chosen method of inquiry was collective case study, to allow for both contextual understanding and cross-case comparison. A total …

Women's Leadership In Philanthropy: An Analysis Of Six Giving Circles, Deborah A. Witte

Antioch University Dissertations & Theses

Women have played an essential role in the development of philanthropy in the United States. While their giving behavior and financial contributions have been studied extensively, other aspects of their philanthropy-namely leadership-have not been documented as completely. The giving circle-a new trend within philanthropy where groups of individuals pool their money, and through educating themselves about issues in their community, decide together where to award their funds-provides an ideal case for this study, as the majority of giving circle members are women. In order to gain a better understanding of women's leadership, focus groups were conducted with more than 35 …

Emancipation From Affluenza: Leading Social Change In The Classroom, Merri Mattison

Antioch University Dissertations & Theses

The purpose of this quasi-experimental study was to determine if one's level of affluenza could be reduced through education and awareness. In particular, this study measured whether or not exposure to the benefits of community involvement, and the harm of overconsumption could alter the intentions that college students have regarding their behavior, as it pertains to materialism, consumption, and civic responsibility. The data were collected from college students in the form of pre-tests and post-tests utilizing an affluenza scale created for this research. Over the course of a semester, information and activities that elucidated the benefits of community involvement and …

Facilitating Emergence: Complex, Adaptive Systems Theory And The Shape Of Change, Peter Martin Dickens

Antioch University Dissertations & Theses

This study used Principal Component Analysis to examine factors that facilitate emergent change in an organization. As organizational life becomes more complex, today’s dominant management paradigms no longer suffice. This is particularly true in a health care setting where multiple sources of disease interacting with each other meet with often-competing organizational priorities and accountabilities in a highly complex world. This study identifies new ways of approaching complexity by embracing the capacity of complex systems to find their own form of order and coherence. Based on a review of the literature, interviews with hospital CEOs, and my organization development practice experience …

Museums, Leadership, And Transfer: An Inquiry Into Organizational Supports For Learning Leadership, Julie I. Johnson

Antioch University Dissertations & Theses

Given the rapid changes that 21st century museums must manage, flexible thinking about leadership forms and purposes is needed. Today's complex leadership landscape necessitates that staff engage in enacting leadership with positional leaders. Limited empirical literature exists that describes how the next generation of museum leaders is being nurtured and developed. The purpose of this study was to: describe museum professionals' perceptions of leadership practices; investigate museums as sites of organizational and leadership learning; and consider the experiences of museum professionals who have participated in leader development programs. The study involved an on-line survey with 310 professionals working in U.S. …

Homeless Mothers As Parent Leaders, Dorothy Ann Milligan

Antioch University Dissertations & Theses

Presents a qualitative study examining the general conditions that lead to single mother homelessness and the impact of being homeless on their ability to parent effectively, based on interviews with mothers who are clients of First Place, a Seattle, Washington, social service agency. The purpose of the study is to identify different paths of life stabilizing strategies and parenting of women who have been in touch with the same agency. The research attempts to determine how the mothers achieved stability amid daily stress through examination of how the stories reflect decisions, initiatives, and commitments that helped them reach a level …

A Search For Home: Navigating Change In Battlestar Galactica, Kimberly S. Yost

Antioch University Dissertations & Theses

This dissertation explores the various ways in which the multiple leaders portrayed in the science fiction television series Battlestar Galactica (2003-2009) navigate extreme conditions of continual change. In addition, the dissertation contains a discussion of the larger narrative themes of love, forgiveness, redemption, and embracing the Other as principles effective leaders must cultivate. Through an interpretation of this specific popular media text, a deeper emotional sensitivity to and understanding of leadership, positive and negative, during extreme crises is gained. Furthermore, the series serves as a vehicle through which viewers can reflect on and engage in their own self-awareness about issues …

Faculty Work: Moving Beyond The Paradox Of Autonomy And Collaboration, Mark A. Hower

Antioch University Dissertations & Theses

Freedom to pursue one's intellectual interests, known as professional autonomy, is a valued and longstanding faculty tradition. Profound changes in society and the academy, however, suggest new values may be emerging. Collaboration, for example, is increasingly vital to success outside of the academy, and faculty culture, long an individualistic domain, may be shifting in response. This multiple case study explores how faculty members experience the relationship between professional autonomy and collaboration within the context of their department work. Faculty members in four departments were interviewed and both qualitative and simple quantitative data collected. The study found faculty members satisfied with …

Effects Of Walnut Consumption On Cognitive Performance In Young Adults, Peter Pribis, Rudolph N. Bailey, Andrew A. Russell, Marcia A. Kilsby, Magaly Hernandez, Winston J. Craig, Tevni Grajales, David J. Shavlik, Joan Sabatè

Faculty Publications

Walnuts contain a number of potentially neuroprotective compounds like vitamin E, folate, melatonin, several antioxidative polyphenols and significant amounts of n-3 α-linolenic fatty acid. The present study sought to determine the effect of walnuts on verbal and non-verbal reasoning, memory and mood. A total of sixty-four college students were randomly assigned to two treatment sequences in a crossover fashion: walnuts-placebo or placebo-walnuts. Baseline data were collected for non-verbal reasoning, verbal reasoning, memory and mood states. Data were collected again after 8 weeks of intervention. After 6 weeks of washout, the intervention groups followed the diets in reverse order. Data were …

Congress, Public Values, And The Taxing Power, Mary L. Heen

Law Faculty Publications

In an article published several years ago, I examined the financing dimension of private choice and proposed a framework for analyzing Congress’s taxing and spending decision-making processes. Although issues other than health care reform provided the impetus for the article, the framework developed there provides a broader perspective from which to consider the taxing power portion of Chief Justice Roberts’ opinion in National Federation of Independent Business v. Sebelius, 567 U.S. — (2012).

What’S Sovereignty Got To Do With It?: Due Process, Personal Jurisdiction And The Supreme Court, Wendy Collins Perdue

Law Faculty Publications

In this symposium contribution I do two things. First, I explore the relationship between sovereignty and due process in personal jurisdiction in some of the more problematic aspects of the Nicastro opinions. I conclude that, although at one time the concept of sovereignty provided an important analytic component of personal jurisdiction analysis, this is largely no longer true.

Chapter 9: Fastcase, Gail F. Zwirner

Law Faculty Publications

In February 2005, the Virginia State Bar (VSB) Council approved plans to offer all Virginia lawyers free access to an online legal research program through a portal on the VSB's website. Then-Chief Justice Leroy Rountree Hassell, Sr., considered access to an online research tool a high priority for Virginia attorneys and urged the VSB to provide this kind of service. On June 13, 2005, the Virginia Supreme Court adopted a formal Rule of Court directing the VSB "to contract to provide online computerized legal resea1·ch services to its members."1 In February 2006, the VSB gave its notice of intent to …