Law Commons^™

Bad Subjects: The Practice Of Theory And The Constitution Of Identity In Legal Culture, Angela P. Harris

Cardozo Journal of Equal Rights & Social Justice

The article explores the intersection of legal culture and identity politics, arguing that while the law symbolically includes marginalized groups, it often perpetuates their subjugation. It emphasizes the role of theory and practice in transforming these dynamics, advocating for a more inclusive and democratic society where subaltern voices are truly heard and valued.

Which Wave Are You? Comments On The Collected Essays From The Seminar "To Do Feminist Legal Theory", Deborah W. Post

Cardozo Journal of Equal Rights & Social Justice

The article discusses the challenges and opportunities in teaching feminist legal theory to law students, particularly those who may be entering formal education later in life. It highlights the importance of engaging students through innovative teaching methods and fostering critical thinking skills. The author reflects on their own teaching strategies, including the use of Socratic methods and the integration of feminist sensibilities, while acknowledging the risks and criticisms associated with these approaches. The central argument emphasizes the need for a restorative and redistributive vision of justice in legal education.

To Do Is To Be, Zanita E. Fenton

Cardozo Journal of Equal Rights & Social Justice

The article emphasizes the importance of action and solidarity in feminist legal theory, highlighting how "doing" feminism through theorizing, writing, and activism is essential to advancing the goals of feminism. It praises Professor Maria Grahn-Farley's work and the symposium she inspired, which showcases diverse perspectives and approaches to feminist theory. The article argues that narrative storytelling is a powerful tool for conveying experiences, fostering solidarity, and inspiring change, particularly in addressing violence and oppression.

Cassiopeia, Anthony Paul Farley

Cardozo Journal of Equal Rights & Social Justice

The article argues that sexism functions as an orientation, akin to racism, shaping how individuals navigate societal and legal structures. It posits that the legal system is inherently hierarchical, perpetuating a "man-over-woman" dynamic that is deeply ingrained in juridical space. The author advocates for feminist legal theory as a means to reorient oneself within these structures, emphasizing the need to challenge and transform the systemic hierarchies that perpetuate inequality. The essayists in the symposium exemplify this reorientation by navigating toward alternative constellations of thought, symbolized by Cassiopeia, to create more equitable forms of human association.

Creating A New Tango: Re-Imagining Gender, Phyllis Goldfarb

Cardozo Journal of Equal Rights & Social Justice

The article explores how feminist legal theory is applied and developed through case studies and media analysis, emphasizing the interplay between theory and practice. It highlights the need to challenge traditional gender hierarchies and the role of media in shaping gender perceptions, advocating for a reimagined understanding of gender roles.

Does Nothing Ever Change; Is Everything New? Comments On The "To Do Feminist Legal Theory" Symposium, Keith Aoki

Cardozo Journal of Equal Rights & Social Justice

The article reflects on the "To Do Feminist Legal Theory" symposium, noting a sense of déjà vu due to the persistence of illegitimate hierarchies in the legal system. Despite this, the symposium offers fresh perspectives, emphasizing the need for multidimensional analyses of oppression and challenging single-axis frameworks. It highlights the importance of continuous critique and action within legal academia and practice to address intersecting forms of subordination.

The Fault Lines Of Domestic Violence Enforcement, Josephine Ross

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Masthead - Cardozo Women's Law Journal, Vol. 10 (2003-04)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Table Of Contents - Cardozo Women's Law Journal, Vol. 10, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

"What Is" And "What Should Be" An Empirical Study Of Gender Issues At Gonzaga University School Of Law, Cara L. Nord

Cardozo Journal of Equal Rights & Social Justice

The article examines the gender disparities and challenges faced by female students and faculty at Gonzaga University School of Law, highlighting the need for systemic changes to align the institution’s practices with its mission and legal obligations under Title IX. While the school has made progress in increasing female enrollment, significant gaps persist in faculty representation, classroom participation, and the overall gender-inclusive environment. The study calls for concrete measures to address these issues, including hiring more female faculty, fostering equitable classroom dynamics, and implementing annual gender studies to monitor progress.

From Genes, Marriage And Money To Nurture: Redefining Fatherhood, Nancy E. Dowd

Cardozo Journal of Equal Rights & Social Justice

The essay argues that fatherhood should be redefined based on nurturing actions rather than genetic or marital status. It critiques the increasing reliance on genetic ties for legal definitions and advocates for a shift towards recognizing fatherhood through active caregiving and emotional support, emphasizing the importance of nurturing over economic roles.

How The Overturn Of The Child Pornography Prevention Act Under Ashcroft V. Free Speech Coalition Contributes To The Protection Of Children, Emily D. Goldberg

Cardozo Journal of Equal Rights & Social Justice

The note examines the Supreme Court's decision in Ashcroft v. Free Speech Coalition, which struck down portions of the Child Pornography Prevention Act (CPPA) as unconstitutional under the First Amendment. The Court ruled that the CPPA's ban on virtual child pornography was overbroad, as it prohibited lawful speech that could have artistic, literary, or scientific value. The decision highlights the tension between protecting children from exploitation and safeguarding free speech, ultimately emphasizing the importance of allowing narratives that confront and address difficult issues like child sexual abuse.

Proposing An Amendment To Article 81 To Allow Invalidation Of Wills As Part Of, Or Subsequent To, A Proceeding For Appointment Of A Guardian, Jody Saltzman

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal challenges surrounding the revocation of Wills and Powers of Attorney, particularly in cases involving individuals with dementia. It argues that current legal frameworks, such as New York's postmortem probate system, often fail to address issues of testamentary capacity and undue influence effectively. The analysis highlights the significance of the In re Ruby Slater case, which demonstrates the potential benefits of allowing Will revocations under Article 81 guardianship proceedings. The note advocates for legal reforms to improve the handling of such cases, ensuring greater certainty for testators and protecting vulnerable individuals from exploitation.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Jurors As Statutory Interpreters, Lawrence Solan

Faculty Scholarship

No abstract provided.

Afterword: The Perils And Pleasure Of Activist Scholarship, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

The Gatekeeping Role In Civil Litigation And The Abdication Of Legal Values In Favor Of Scientific Values, Neil B. Cohen

Faculty Scholarship

No abstract provided.

Domestic Violence In Legal Education And Legal Practice: A Dialogue Between Professors And Practitioners, Stacy Caplow

Faculty Scholarship

No abstract provided.

Regulating Corporations: Who's Making The Rules, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Looking Ahead: The Future Of Affirmative Action, Susan Low Bloch

Georgetown Law Faculty Publications and Other Works

Fifty years after Brown v. Board of Education, race is still a serious issue in this country. Fortunately, we no longer debate whether it is legal for the government to operate segregated schools or to treat blacks as second-class citizens. We finally answered that question correctly—it is unconstitutional for the law to segregate and to treat blacks worse than whites.

Today, we face the more difficult question of ascertaining the constitutionality of “affirmative action” or “benign discrimination” programs. The Supreme Court first addressed this issue in 1978 in the landmark case Regents of the University of California v. Bakke …

The Effect Of The Supreme Court's Eleventh Amendment Jurisprudence On Environmental Citizen Suits: Gotcha!, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

The current Supreme Court has substantially expanded the scope of protection from lawsuits accorded to states by the Eleventh Amendment and narrowed the exceptions to its application. As a result, many people are finding they are unable to vindicate federal rights in any court when the defendant is a state or a state agency. The most recent example of this is the Court's decision in South Carolina State Ports Authority v. Federal Maritime Commission, in which the Court extended the reach of the Eleventh Amendment to private administrative enforcement actions against states, thus forsaking completely any connection to the …

Re-Imagining Justice: Progressive Interpretations Of Formal Equality, Rights, And The Rule Of Law, Robin West

Georgetown Law Faculty Publications and Other Works

Resurrecting the neglected question of what we mean by legal justice, this book seeks to re-imagine rather than simply critique contemporary notions of the rule of law, rights and legal equality. A work of reconstruction, it offers a progressive and egalitarian approach to concepts that have become overly associated with the idea of limited government and social conservatism. Focusing on the necessary conditions of cooperative community life, the book presents a vision of law that facilitates rather than frustrates politics, an analysis of rights that boosts our capacities for caring, and an idea of equality that captures a cosmopolitan vision …

Trade Sanctions And Human Rights–Past, Present, And Future, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

The relationship between the international law of trade and the international law of human rights has commanded an increasing amount of scholarly attention in the past few years, perhaps spurred by the well-known events at Seattle in 1999. This article offers some reflections on this relationship, focusing on the permissibility under international law of imposing trade sanctions against nations that commit violations of international human rights. Part I begins with some reflections on the historical relationship between these two bodies of law. Part I also considers why the human rights community appears to feel threatened by the international trade system, …

Regionalism Versus Globalism: A View From The Americas, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

The well-deserved celebration of UNIDROIT'S first seventy-five years focused on a topic that is of particular interest to the Organization of American States and to the organ of the OAS to which the author belongs, the Inter-American Juridical Committee. The topic of the 75th Anniversary Congress--"Worldwide Harmonization of Private Law and Regional Integration"--implicates one of the several dichotomies with which we in the Inter-American system who work on questions of private international law (and international private law) have been grappling in recent years, the problem of regional versus global approaches to the harmonization of private international law (and international private …

Reconceptualizing Criminal Law Defenses, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

In 1933, one of the leading theorists of the criminal law, Jerome Michael, wrote openly of the criminal law "as an instrument of the state." Today, criminal law is largely allergic to claims of political theory; commentators obsess about theories of deterrence and retribution, and the technical details of model codes and sentencing grids, but rarely speak of institutional effects or political commitments. In this article, the author aims to change that emphasis and to examine the criminal law as a tool for governance. Her approach is explicitly constructive: it accepts the criminal law that we have, places it in …

Eldred And Lochner: Copyright Term Extension And Intellectual Property As Constitutional Property, Paul M. Schwartz, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

Since the ratification of the constitution, intellectual property law in the United States has always been, in part, constitutional law. Among the enumerated powers that Article I of the Constitution vests in Congress is the power to create certain intellectual property rights. To a remarkable extent, scholars who have examined the Constitution's Copyright Clause have reached a common position. With striking unanimity, these scholars have called for aggressive judicial review of the constitutionality of congressional legislation in this area. The champions of this position--we refer to them as the IP Restrictors--represent a remarkable array of constitutional and intellectual property scholars. …

The New Privacy, Paul M. Schwartz, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

This article reviews Overseers of the Poor: Surveillance, Resistance and the Limits of Privacy John Gilliom (2001).

In 1964, as the welfare state emerged in full force in the United States, Charles Reich published The New Property, one of the most influential articles ever to appear in a law review. Reich argued that in order to protect individual autonomy in an "age of governmental largess," a new property right in governmental benefits had to be recognized. He called this form of property the "new property." In retrospect, Reich, rather than anticipating trends, was swimming against the tide of history. …

Introduction: Global Intellectual Property Rights: Boundaries Of Access And Enforcement, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

Introduction to the Global Intellectual Property Rights: Boundaries of Access and Enforcement Symposium.

The Intellectual Property, Media & Entertainment Law Journal put together a symposium that focused on three issues in intellectual property: patents, The End of Equivalents? Examining the Fallout from Festo; Eldred, a case argued before the Supreme Court; and the relationship between the First Amendment and Internet filters.

Introduction: Integrity In The Law: Symposium In Honor Of John D. Feerick, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

Fordham Law School's Integrity in the Law Conference, which honored John Feerick on the occasion of his retirement from the deanship after twenty years of remarkable service to the School, to the University, to the legal profession, and to the law.

Questions About The Efficiency Of Employment Arbitration Agreements, Matthew T. Bodie

All Faculty Scholarship

The growing popularity of arbitration agreements is well-documented. The academic literature on these agreements has been largely critical, arguing that they jeopardize important rights and enable employers to take unfair advantage of employees and consumers. However, standard economic analysis suggests that since these agreements are freely negotiated, they presumably increase the utility of both parties and are therefore efficient. This Article raises questions about the efficiency of such agreements in the employment context. It begins by modeling the decision-making process by which a rational employee would judge the desirability of an agreement, both after and before a dispute has arisen. …