Law Commons^™

Ptsd And Women Warriors: Causes, Controls, And A Congressional Cure, Olympia Duhart

Cardozo Journal of Equal Rights & Social Justice

The article argues that the combat exclusion policy for women in the U.S. military contributes to higher rates of PTSD among female veterans and perpetuates gender-based discrimination. It asserts that this policy is unconstitutional under the Equal Protection Clause of the Fourteenth Amendment and advocates for its repeal to improve mental health outcomes and promote gender equality in the military.

To Be Or Not To Be (A Parent)? - Not Precisely The Question: The Frozen Embryo Dispute, Yehezkel Margalit

Cardozo Journal of Equal Rights & Social Justice

The article explores the legal and ethical complexities surrounding disputes over frozen embryos, particularly focusing on the balance between the right to become a parent and the right to avoid parenthood. It examines the legal status of frozen embryos and proposes a compromise solution where the objecting spouse is granted nonparenthood status, allowing the other partner to use the embryos without imposing parenthood on the unwilling party. The analysis emphasizes the importance of legal parenthood for societal welfare and the challenges posed by evolving reproductive technologies.

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.

"U" Stands For Underutilization: The U Visa's Vulnerability For Underuse In The Sex Trafficking Context, Erin Bistricer

Cardozo Journal of Equal Rights & Social Justice

The U Visa, established in 2000 under the Violence Against Women Act (VAWA) reauthorization, was designed to provide legal status to victims of certain crimes, including sex trafficking, without fear of deportation. However, its implementation has been hindered by significant challenges, including delayed regulations, confusion among applicants, and reliance on law enforcement cooperation, which can be a barrier for traumatized victims. While the U Visa offers more flexibility than the T Visa by covering a broader range of crimes and requiring a lower standard of proof, its effectiveness is limited by factors such as annual caps, inadequate state anti-trafficking laws, …

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.

A Tango Between Copyright And Choreography: Whiteness As Status Property In Balanchine's Ballets, Fuller's Serpentine Dance, And Graham's Modern Dances, Caroline Joan S. Picart

Cardozo Journal of Equal Rights & Social Justice

The article examines the intersection of race, gender, and copyright law in the context of modern dance in the United States. It argues that the legal battles over copyright protection for choreography were deeply influenced by racial and gender biases, with white male choreographers like George Balanchine securing ownership and control over their works, while female choreographers like Martha Graham faced significant challenges in maintaining control over their intellectual property. The article highlights how these dynamics shaped the legal framework for copyright protection in dance, emphasizing the role of whiteness and gender in determining ownership and legacy.

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.

Masthead, Cardozo Journal Of Law & Gender, Vol. 19 (2012–13)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 19, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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.

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).

The Tokyo Trial At Richmond: Digitizing The Sutton Collection Of Documents From The International Military Tribunal For The Far East, Suzanne Corriell

Law Faculty Publications

As an ongoing project, the effort to digitize and present the Sutton Collection is far from complete. Our effort has the potential to become a leading resource for materials relating to the Tokyo trial and, with the help of our faculty partners, to demonstrate relevancy of the trial to current issues in international criminal law and to the development of Japan’s role in modern East Asia. As the project team learns more about the collection, consults with similar projects, and continues to implement innovative applications, processes are constantly updated. The coming year should bring further progress, and we look forward …

Reclaiming Global Environmental Leadership: Why The United States Should Ratify Ten Pending Environmental Treaties, Noah M. Sachs

Law Faculty Publications

For more than a century, the United States has taken the lead in organizing international responses to international environmental problems. The long list of environmental agreements spearheaded by the United States extends from early treaties with Canada and Mexico on boundary waters and migratory birds to global agreements restricting trade in endangered species and protecting against ozone depletion.

In the last two decades, however, U.S. environmental leadership has faltered. The best known example is the lack of an effective response to climate change, underscored by the U.S. decision not to join the Kyoto Protocol. But that is not the only …

Finality In Brownfields Remediation And Reuse, Joel B. Eisen

Law Faculty Publications

The intersection of brownfields redevelopment and these broader concerns presents a host of issues. Does redevelopment of brownfields connect to a larger vision for the city that links with "smart growth" and climate action goals? Retooling the original developer-centered vision of VCPs to promote broader goals is an ongoing challenge. Has the affected community been involved in planning for brownfields remediation, or has the developer controlled the process? The latter narrows the ability to view the project as part of a community-wide plan, and undermines its legitimacy. Finally, if brownfields redevelopment yields benefits, how can we measure success over the …

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 …

Chapter 5: Administrative Law, Gail F. Zwirner

Law Faculty Publications

No abstract provided.

Bargained Justice: Plea Bargaining's Innocence Problem And The Brady Safety-Valve, Lucian E. Dervan

Law Faculty Scholarship

If any number of attorneys were asked in 2004 whether Lea Fastow’s plea bargain in the Enron case was constitutional, the majority would respond with a simple word – Brady. Yet while the 1970 Supreme Court decision Brady v. United States authorized plea bargaining as a form of American justice, the case also contained a vital caveat that has been largely overlooked by scholars, practitioners, and courts for almost forty years. Brady contains a safety-valve that caps the amount of pressure that may be asserted against defendants by prohibiting prosecutors from offering incentives in return for guilty pleas that are …

Time For The Supreme Court To Address Off-Campus, Online Student Speech, David L. Hudson Jr.

Law Faculty Scholarship

An essay discussing the need for public school students and officials to know the limits of officials' authority over off-campus, online speech.

The Secondary-Effects Doctrine: Stripping Away First Amendment Freedoms, David L. Hudson Jr.

Law Faculty Scholarship

An essay on the secondary-effects doctrine and its threat to First Amendment.freedoms.