Digital Commons Network^™

Accident Of Birth Or Matter Of Choice: Legal Recognition Of Transsexual People In The Common Law, Kevin K.S. Tso

Cardozo Journal of Equal Rights & Social Justice

The purpose of the Article is to look at the recognition-or lack thereof-of transsexual people at common law in relation to the "proper" sex and gender with which they associate themselves. This Article will begin by addressing and defining transsexualism and how the medical community's position on this topic has evolved over the years. It will then look at the historical foundations of transsexualism in the common law, especially at the Corbett decision that held sway in England and Wales for over thirty-five years and was followed internationally. The Article will then provide an overview of the current positions in …

Challenge It, Choose It, Or Change It: Ethics Of Sexual Orientation Conversion Therapy For Minors, Scott Mccoy, Tia Powell, Hayley Gorenberg, Matthew Shurka, Stephen Hayford, Brad Hoylman, Edward Stein

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

To Pee Or Not To Pee? "Where" Is The Question: Transgender Students And The Right To Use Public School Restrooms, Melissa Sterling

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Dressed To Oppress? An Analysis Of The Legal Treatment Of The First Amendment And Its Effect On Muslim Women Who Wear Hijabs, Nida Alvi

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal treatment of Muslim women's right to wear hijabs in the United States, arguing that while the First Amendment protects religious expression, Muslim women often face discrimination and undue burdens in schools, employment, and public spaces. The analysis highlights how courts and institutions frequently question the sincerity of their religious beliefs and impose assimilationist pressures, undermining true religious freedom.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 22, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Domestic Violence And The Confrontation Clause: The Case For A Prompt Post-Arrest Confrontation Hearing, Robert Hardaway

Cardozo Journal of Equal Rights & Social Justice

The article examines the challenges posed by the Supreme Court's decision in Crawford v. Washington to domestic violence prosecutions, particularly the increased difficulty in admitting victims' prior statements. It proposes a novel solution: a prompt post-arrest confrontation hearing that allows defendants to cross-examine witnesses shortly after arrest. This procedure aims to balance the defendant's Sixth Amendment right to confrontation with the need to protect victims from intimidation and ensure the admissibility of testimonial evidence at trial.

Nowhere To Run, Nowhere To Hide: The Absence Of Public Policy On Intimate Partner Violence Abrogates The Rights To Health Care And Bodily Integrity Under The South African Constitution, Stu Woolman, Courtenay Sprague

Cardozo Journal of Equal Rights & Social Justice

An estimated 31-55% of South African women experience lfetime intimate partner violence ("IPV'). The imminent danger of physical, psychological or sexual violence that all South African women face daily not only threatens their very existence, it impairs their development and agency, and thus the ability of each woman to pursue a lfe that reflects her own comprehensive vision of a fulfilling way of being in the world. This article first establishes the legal basis for the proposition that the South African Constitution and South Africa's international obligations require a form of public intervention that has the ability to diminish IP …

Contested Spaces During Transition: Regime Change In Myanmar And Its Implications For Women, Amy Barrow

Cardozo Journal of Equal Rights & Social Justice

This article examines recent political and legal developments in Myanmar to promote and protect Buddhism and their implications for women. Myanmar is currently undergoing political regime change. While periods of transition often present an opportunity to contest stereotypical gender roles and discriminatory cultural practices, a rise in Buddhist ethno-nationalism risks undermining women's "spaces" in society. Drawing on qualitative research interviews with members of civil society and other actors in Yangon, this article discusses the accelerated development of laws on the protection of race and religion alongside the parallel development of Myanmar's first law specifically addressing violence against women, to explore …

The Sisyphean Course Of Combating Gender Discrimination In The Federal Marketplace For Prime Contracts: Rolling The Boulder Of Small Business Size, Anna S. Molina

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.

The Spending Power After Nfib: New Direction, Or Medicaid Exception?, Elizabeth Patterson

SMU Law Review

In National Federation of Independent Business v. Sebelius (NFIB) seven Supreme Court Justices opened the door to a re-examination of Spending Clause jurisprudence, striking down a congressional measure for the first time since the 1930’s and highlighting the important constitutional interests implicated by expansive conditions on federal grants to the states. The Supreme Court’s 1987 decision in South Dakota v. Dole had validated any condition that was somewhat related to the purpose of the grant so long as the conditioned grant was voluntarily accepted by the state. In NFIB the Court appears to reconsider the breadth of this authority. NFIB …

Personalized Medicine In The Information Age: Myriad's De Facto Monopoly On Breast Cancer Research, Angela M. Oliver

SMU Law Review

No abstract provided.

An Essay For Professor Alan Bromberg: Removing The Taint From Past Illegal Offers And Sales, Douglas M. Branson

SMU Law Review

No abstract provided.

Publicly-Traded Llcs: The New Kid On The Exchange, Mary Siegel

SMU Law Review

No abstract provided.

Vertical Federalism, Horizontal Federalism, And Legal Obstacles To State Marijuana Legalization Efforts, Brannon P. Denning

Case Western Reserve Law Review

No abstract provided.

Banks, Marijuana, And Federalism, Julie Andersen Hill

Case Western Reserve Law Review

No abstract provided.

Marijuana Localism, Robert A. Mikos

Case Western Reserve Law Review

No abstract provided.

The President And The Constitution, Peter L. Strauss

Case Western Reserve Law Review

No abstract provided.

Disciplining Yoga: Foucauldian Themes In Sivananda Yoga Practice, Mark E. Eaton

Publications and Research

This paper considers the yoga practices at the Sivananda Yoga Vedanta Center as “disciplinary” practices. Yoga has a long history of being interpreted as “discipline”; this paper will consider how it is disciplinary and what is being disciplined. To this end, this paper will frame Sivananda yoga as a discipline from two perspectives: Sarah Strauss’ characterization of yoga as an “oasis regime”; and Michel Foucault’s view of discipline as minute “carceral” elaborations of power. These approaches are contrasted and ultimately, following Foucault, yoga disciplines are understood as being constitutive of the subject. The disciplinary character of yoga at the Sivananda …

Death As A Bargaining Chip: Plea Bargaining And The Future Of Virginia's Death Penalty, John G. Douglass

Law Faculty Publications

Virginia now averages less than a single death sentence each year, a far cry from its not-too-distant history as the second most active death penalty state in the nation. The numbers alone tempt us to forecast the death of Virginia's death penalty: a death by disuse. But those numbers leave much of the story untold. The plummeting number of death sentences is only the diminishing tip of a larger, more stable iceberg of capital case litigation. That iceberg is melting very slowly, if at all.

Cherokee Freedmen And The Color Of Belonging, Lolita Buckner Inniss

Publications

This article addresses the Cherokee tribe and their historic conflict with the descendants of their former black slaves, designated Cherokee Freedmen. This article specifically addresses how historic discussions of black, red and white skin colors, designating the African-ancestored, aboriginal (Native American) and European-ancestored people of the United States, have helped to shape the contours of color-based national belonging among the Cherokee. This article also suggests that Homi K. Bhabha’s notion of postcolonial mimicry offers a potent source for analyzing the Cherokee’s historic use of skin color as a marker of Cherokee membership. The Cherokee past practice of black slavery and …

Defining Power Property Expectations, Michael Pappas

Publications

No abstract provided.

Amphibians And Reptiles Of The State Of Hidalgo, Mexico, J. A. Lemos-Espinal, Geoffrey R. Smith

Faculty Publications

No abstract provided.

Law And People With Disabilities, Janet E. Lord, Deepti S. Raja, Peter Blanck

All Faculty Scholarship

This article describes the progressive development of disability law, particularly in light of international developments that are transforming domestic disability law frameworks. It provides an overview of the conceptualization of disability in law, charting the shift from a medical model to a social model of disability and more recently to a human rights model. The abstract covers the implications of the Convention on the Rights of Persons with Disabilities (CRPD), and the processes and approaches for translating international disability law standards into national level law. It sheds light on the contemporary disability rights landscape in the light of dramatic legislative …

The Innovator's Dilemma, Max Stul Oppenheimer

All Faculty Scholarship

No abstract provided.

The Case For Reviving A Statutory Invention Registration System, Max Stul Oppenheimer

All Faculty Scholarship

When Congress overhauled U.S. patent law in 2011, the main debate

focused on the merits (and constitutionality) of converting from the incumbent

first-to-invent system, in effect since 1790, to a first-to-file system. With little

attention or analysis, the statutory overhaul also did away with what was

perceived as a rarely used relic of the pre-Internet era: the Statutory Invention

Registration system. Concluding that the Statutory Invention Registration system

was essentially useless under the outgoing law, Congress eliminated a system

with potentially significant uses under the new law, including uses that would

help redress the disadvantage imposed on U.S. inventors by …

Rethinking Compact Prosecution, Max Stul Oppenheimer

All Faculty Scholarship

No abstract provided.

Poverty, Dignity, And Public Housing, Jaime Alison Lee

All Faculty Scholarship

Antipoverty efforts are persistently subverted by broad societal contempt for poor people. The belief that poor people are morally and behaviorally inferior, and that their personal failings are the cause of their own poverty, is a staple of American opinion polls and political rhetoric. This presumption is so widespread that it even permeates antipoverty programs, which treat poor people with disdain even as they offer aid and assistance.

Income discrimination creates not just social stigma, but legal inequalities. The Supreme Court recognized some forty years ago that welfare law promoted wealth-based Constitutional inequalities, and responded by invoking the doctrines of …

From Fugitives To Ferguson: Repairing Historical And Structural Defects In Legally Sanctioned Use Of Deadly Force, José F. Anderson

All Faculty Scholarship

The lawful use of lethal force to subdue suspected wrongdoers has a long tradition in our nation. There is certainly nothing wrong with securing, incapacitating, or even killing violent persons who pose a serious threat to the lives of innocent individuals. One of the important roles of government is to protect people from harm and keep the peace. Recent events in Ferguson, Missouri, have highlighted the tension between the officers on the beat and citizens on the street. These tensions are not likely to subside unless there are major structural changes in the way the police do their job and …