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2013

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Articles 11731 - 11760 of 12810

Full-Text Articles in Law

The Extension Of The Presumption Of Legitimacy To Same-Sex Couples In New York, Alexandra Eisman Jan 2013

The Extension Of The Presumption Of Legitimacy To Same-Sex Couples In New York, Alexandra Eisman

Cardozo Journal of Equal Rights & Social Justice

The note argues that the presumption of legitimacy, a cornerstone of family law, should be extended to same-sex couples to ensure legal equality and protect the rights of their children. It critiques the traditional application of the presumption, which excludes same-sex couples, and advocates for its evolution to align with modern legal trends and the best interests of children. The analysis emphasizes the importance of legislative and judicial action to address the disparities faced by same-sex families under current laws.

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Annotated Legal Bibliography On Gender Jan 2013

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Table Of Contents, Cardozo Journal Of Law & Gender, Vol. 19, Iss. 3 Jan 2013

Table Of Contents, Cardozo Journal Of Law & Gender, Vol. 19, Iss. 3

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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The Looking-Glass Ceiling: Appearance-Based Discrimination In The Workplace, Enbar Toledano Jan 2013

The Looking-Glass Ceiling: Appearance-Based Discrimination In The Workplace, Enbar Toledano

Cardozo Journal of Equal Rights & Social Justice

The article examines the phenomenon of appearance-based discrimination, or "lookism," in the workplace, arguing that while physically attractive individuals often receive preferential treatment, the legal system is ill-equipped to address this form of discrimination effectively. It highlights the "what is beautiful is good" stereotype, which perpetuates advantages for attractive individuals in employment, but concludes that legal intervention is not a viable solution due to the subjective and multifaceted nature of attractiveness.

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Accommodating Childhood, Annette Ruth Appell Jan 2013

Accommodating Childhood, Annette Ruth Appell

Cardozo Journal of Equal Rights & Social Justice

Unlike other social categories, such as race, gender, sexual identity, and disability, the legal academy has bestowed scant critical examination on the category of childhood Yet like other socio-legal categories with natural referents, childhood masks the contingency and normativity of behavior, expectations, power, and regulation, rendering the social order natural and inevitable. Childhood also scripts behavior and produces subordination and privilege in a manner unique to the adult-child dichotomy. As such, the category bears examination not only for what it reveals about adults, but also for what it reveals about the power and agency of children and the artificiality ofchildhood …

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Expanding Rape Shield Laws: Breaking Through Prejudice For Better Protection Of Battered Women, Sarah C. Ayres Jan 2013

Expanding Rape Shield Laws: Breaking Through Prejudice For Better Protection Of Battered Women, Sarah C. Ayres

Cardozo Journal of Equal Rights & Social Justice

The article argues for the expansion of rape shield laws to civil cases involving orders of protection, asserting that the exclusion of evidence regarding consensual sex between a victim and her abuser is crucial to counteract prejudicial stereotypes and provide better legal protection for battered women.

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Panel 2: The Ballot, The Bench, And The Bedroom, Farah Diaz-Tello, Praveen Fernandes, Anna Franzonello, Jeremy K. Kessler, Gigi N. Parris, Edward Stein Jan 2013

Panel 2: The Ballot, The Bench, And The Bedroom, Farah Diaz-Tello, Praveen Fernandes, Anna Franzonello, Jeremy K. Kessler, Gigi N. Parris, Edward Stein

Cardozo Journal of Equal Rights & Social Justice

Symposium: By the People, for the People... But Which People? (January 20, 2013)

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Keynote Address, Carrie Evans Jan 2013

Keynote Address, Carrie Evans

Cardozo Journal of Equal Rights & Social Justice

Symposium: By the People, for the People... But Which People? (January 30, 2013)

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Defamation And False Rape Claims: Policies, Attitudes, And Suggested Reform In The United States And The United Kingdom, Claire Steinman Jan 2013

Defamation And False Rape Claims: Policies, Attitudes, And Suggested Reform In The United States And The United Kingdom, Claire Steinman

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal and societal implications of defamation cases arising from false rape claims in the United States and the United Kingdom. It argues that while U.S. defamation law provides stricter standards for liability, the U.K.'s approach to punishment is more effective in deterring false claims. The optimal solution, the note suggests, is to combine the U.S. legal framework for determining liability with the U.K.'s harsher penalties to protect both the falsely accused and genuine victims.

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Crisis Pregnancy Centers: Impeding The Right To Informed Decision Making, Alice X. Chen Jan 2013

Crisis Pregnancy Centers: Impeding The Right To Informed Decision Making, Alice X. Chen

Cardozo Journal of Equal Rights & Social Justice

The note argues that crisis pregnancy centers (CPCs) in the United States engage in deceptive practices to deter women from obtaining abortions, often masquerading as medical facilities while providing misleading information about reproductive health. These centers receive significant funding from federal and state governments, despite their lack of regulation and medical licensure. The note contends that while local governments have attempted to regulate CPCs through ordinances requiring transparency, these efforts have largely been struck down by federal courts on First Amendment grounds. The author advocates for state-level action to protect women's rights to informed decision-making and accurate reproductive healthcare.

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The Goldilocks Principle And Informed Consent In Joint-Spouse Representation, Madison Kaplan Jan 2013

The Goldilocks Principle And Informed Consent In Joint-Spouse Representation, Madison Kaplan

Cardozo Journal of Equal Rights & Social Justice

The note explores the complexities of joint legal representation of spouses, emphasizing the need for balanced and clear informed consent. It highlights the challenges posed by conflicting legal guidelines and the necessity of detailed Joint Representation Agreements (JRAs) to navigate confidentiality and communication duties effectively.

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Annotated Legal Bibliography On Gender Jan 2013

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 20, Iss. 1 Jan 2013

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 20, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Pregnancy Discrimination In Higher Education: Accommodating Student Pregnancy, Emily Mcnee Jan 2013

Pregnancy Discrimination In Higher Education: Accommodating Student Pregnancy, Emily Mcnee

Cardozo Journal of Equal Rights & Social Justice

The article argues that despite Title IX's protections against sex discrimination, pregnant students in higher education continue to face subtle discrimination, particularly through rigid academic policies that fail to accommodate pregnancy-related needs. It advocates for clarifying Title IX regulations to explicitly require schools to provide accommodations, drawing parallels to the Americans with Disabilities Act (ADA) model, to ensure equal educational opportunities for pregnant students.

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Criminalization In Shades Of Color: Prosecuting Pregnant Drugaddicted Women, Carla-Michelle Adams Jan 2013

Criminalization In Shades Of Color: Prosecuting Pregnant Drugaddicted Women, Carla-Michelle Adams

Cardozo Journal of Equal Rights & Social Justice

The article argues that criminalizing pregnant women for drug use is both unconstitutional and ineffective. It contends that such prosecutions infringe upon fundamental rights, disproportionately affect minority women, and fail to address the root causes of addiction. The author advocates for a public health approach, emphasizing treatment over punishment to protect both the mother and the fetus.

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Unlikely Partners: Tort Law As A Tool For Trans Activism, Courtney Sirwatka Jan 2013

Unlikely Partners: Tort Law As A Tool For Trans Activism, Courtney Sirwatka

Cardozo Journal of Equal Rights & Social Justice

The note argues that tort law reform and trans activism can mutually benefit each other by addressing systemic discrimination and advancing equality for trans individuals. It critiques the legal system for perpetuating discrimination through its emphasis on physical injury over emotional or sexual harm and its refusal to validate trans identities. The analysis proposes that recognizing sexual autonomy and reproduction as protected interests in tort law, along with legal education reforms, could legitimize trans narratives and lead to meaningful change.

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Role-Modeling: How The Americans With Disabilities Act Blocks Bmi-Based Hiring Bans In The United States, Sarah Budow Jan 2013

Role-Modeling: How The Americans With Disabilities Act Blocks Bmi-Based Hiring Bans In The United States, Sarah Budow

Cardozo Journal of Equal Rights & Social Justice

The global fashion industry's use of extremely thin models contributes to eating disorders by promoting unattainable beauty standards. In response, some countries have implemented laws restricting underweight models, such as Israel's 2012 law requiring a BMI of 18.5 or higher and mandating warnings for altered images. However, similar measures in the U.S. face legal challenges under the ADA, which prohibits employment discrimination based on disabilities, including eating disorders. The ADA's strict standards for defining disabilities and requiring individualized assessments make BMI-based bans difficult to enforce. While some U.S. states have taken steps like banning airbrushing or protecting underage models, broader …

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Annotated Legal Bibliography On Gender Jan 2013

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Ethical Implications Of Intellectual Property In Africa, Dick Kawooya Jan 2013

Ethical Implications Of Intellectual Property In Africa, Dick Kawooya

Faculty Publications

No abstract provided.

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In Defense Of Implied Injunctive Relief In Constitutional Cases, John F. Preis Jan 2013

In Defense Of Implied Injunctive Relief In Constitutional Cases, John F. Preis

Law Faculty Publications

If Congress has neither authorized nor prohibited a suit to enforce the Constitution, may the federal courts create one nonetheless? At present, the answer mostly turns on the form of relief sought: if the plaintiff seeks damages, the Supreme Court will normally refuse relief unless Congress has specifically authorized it; in contrast, if the plaintiff seeks an injunction, the Court will refuse relief only if Congress has specifically barred it. These contradictory approaches naturally invite arguments for reform. Two common arguments-one based on the historical relationship between law and equity and the other based on separation of powers principles--could quite …

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Patent Applications And The Performance Of The U.S. Patent And Trademark Office, Christopher A. Cotropia Jan 2013

Patent Applications And The Performance Of The U.S. Patent And Trademark Office, Christopher A. Cotropia

Law Faculty Publications

This Article reports data and analyses to facilitate answering these questions. The reported data was obtained from two sources. The first is the Workload Tables from the USPTO annual reports, called the "USPTO Performance and Accountability Reports," provided to the President, Congress, and public.' The second is data received from the USPTO in response to Freedom of Information Act ("FOIA") requests.3 From these two data sources, information such as the number of applications filed per year, the type of applications being filed and prosecuted, the pendency of these applications, and their disposition, including the number of them issued as patents, …

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Discovering E-Discovery: A Resources Guide, Timothy L. Coggins Jan 2013

Discovering E-Discovery: A Resources Guide, Timothy L. Coggins

Law Faculty Publications

E-discovery refers to discovery in civil litigation that focuses on the exchange of information in electronic form. Lainie Crouch Kaiser, a litigation attorney with McDermott Will & Emery, writes that “e-Discovery can be used as an umbrella term for both the legal and operational considerations related to how electronically stored information (ESI) is used in the modern day practice of law.”There are many types of ESI, including e-mail and office documents, voicemail, photos, video, and databases. Attorneys and others who write about e-discovery also include “raw data” as discoverable information. Ronald J. Hedges of Nixon Peabody writes that “[t]echnically, documents …

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Slavery, Free Blacks And Citizenship, Henry L. Chambers, Jr. Jan 2013

Slavery, Free Blacks And Citizenship, Henry L. Chambers, Jr.

Law Faculty Publications

Reconstruction Amendments says about the nature of American citizenship. The essay is organized as follows. Part I of the essay explores citizenship and membership by discussing belonging-based citizenship and rights-based citizenship. Part II describes how American and African American citizenship were constructed prior to the passage of the Reconstruction Amendments. Part III notes a few cases to explain how the Reconstruction Amendment's jurisprudence has developed in the wake of Dred Scott v. Sandford' and possibly led to a tilt toward a rights-based citizenship rather than a somewhat more robust belonging-based citizenship.

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The New Professional Plaintiffs In Shareholder Litigation, Jessica M. Erickson Jan 2013

The New Professional Plaintiffs In Shareholder Litigation, Jessica M. Erickson

Law Faculty Publications

This Article proceeds in three parts. Part I describes the old professional plaintiffs in shareholder litigation, detailing Congress's efforts in the 1990s to eliminate these plaintiffs. Part II describes the new professional plaintiffs in shareholder litigation, combining empirical data with a discussion of illustrative cases. Part III builds on this discussion by proposing a·new conceptual framework to address the problem of professional plaintiffs in corporate litigation.

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Pleading Innocents: Laboratory Evidence Of Plea Bargaining's Innocence Problem, Vanessa Edkins, Lucian E. Dervan Jan 2013

Pleading Innocents: Laboratory Evidence Of Plea Bargaining's Innocence Problem, Vanessa Edkins, Lucian E. Dervan

Law Faculty Scholarship

We investigated plea bargaining by making students actually guilty or innocent of a cheating offense and varying the sentence that they would face if found ‘guilty’ by a review board. As hypothesized, guilty students were more likely than innocent students to accept a plea deal (i.e., admit guilt and lose credit; akin to accepting a sentence of probation) (Chi-square=8.63, p<.01) but we did not find an effect of sentence severity. Innocent students, though not as likely to plead as guilty students, showed an overall preference (56% across conditions) for accepting a plea deal. Implications and future directions are discussed.

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The Innocent Defendant’S Dilemma: An Innovative Empirical Study Of Plea Bargaining’S Innocence Problem, Lucian E. Dervan, Vanessa Edkins Jan 2013

The Innocent Defendant’S Dilemma: An Innovative Empirical Study Of Plea Bargaining’S Innocence Problem, Lucian E. Dervan, Vanessa Edkins

Law Faculty Scholarship

In 1989, Ada JoAnn Taylor was accused of murder and presented with stark options. If she pleaded guilty, she would be rewarded with a sentence of ten to forty years in prison. If, however, she proceeded to trial and was convicted, she would likely spend the rest of her life behind bars. Over a thousand miles away in Florida and more than twenty years later, a college student was accused of cheating and presented with her own incentives to admit wrongdoing and save the university the time and expense of proceeding before a disciplinary review board. Both women decided the …

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Black Armbands, 'Boobies' Bracelets And The Need To Protect Student Speech, David L. Hudson Jr. Jan 2013

Black Armbands, 'Boobies' Bracelets And The Need To Protect Student Speech, David L. Hudson Jr.

Law Faculty Scholarship

Discusses the precedential value of the Tinker v. Des Moines Independent School District decision in the current Boobies Bracelets debate.

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White Collar Over-Criminalization: Deterrence, Plea Bargaining, And The Loss Of Innocence, Lucian E. Dervan Jan 2013

White Collar Over-Criminalization: Deterrence, Plea Bargaining, And The Loss Of Innocence, Lucian E. Dervan

Law Faculty Scholarship

Overcriminalization takes many forms and impacts the American criminal justice system in varying ways. This article focuses on a select portion of this phenomenon by examining two types of overcriminalization prevalent in white collar criminal law. The first type of over criminalization discussed in this article is Congress’s propensity for increasing the maximum criminal penalties for white collar offenses in an effort to punish financial criminals more harshly while simultaneously deterring others. The second type of overcriminalization addressed is Congress’s tendency to create vague and overlapping criminal provisions in areas already criminalized in an effort to expand the tools available …

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Harry L. Carrico And The Ideal Of The Lawyer-Statesman, Wendy Collins Perdue Jan 2013

Harry L. Carrico And The Ideal Of The Lawyer-Statesman, Wendy Collins Perdue

Law Faculty Publications

“Professionalism.” This is a word that will always be associated with Justice Carrico—not only because he was a consummate professional himself, but also because he was dedicated to assuring that all lawyers understood the full ethical, social, and behavioral implications of their role as lawyers. Under his leadership, Virginia became the first state to require all newly-admitted lawyers to take a day-long course in professionalism. It is a model that has been widely emulated around the country.

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The Internet Is Not A Super Highway: Using Metaphors To Communicate Information And Communications Policy, Kristen Jakobsen Osenga Jan 2013

The Internet Is Not A Super Highway: Using Metaphors To Communicate Information And Communications Policy, Kristen Jakobsen Osenga

Law Faculty Publications

Do metaphors influence our information policy preferences? Professor Osenga thinks so, which makes it especially important to choose the right one, as a metaphor is often the primary tool the general public uses to understand information policy. Using a five-point rubric, she evaluates, among others, understanding the Internet as “tubes,” “highway,” “space (cyberspace),” “coffee shop/bar” and “cloud.” Osenga finds them all lacking in important ways. However, she believes the metaphor of the Internet as “ecosystem” is very promising and deserves to be further developed.

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