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Articles 31 - 60 of 70
Full-Text Articles in Education Law
The Absence Of Parenting Students’ Rights: How And Why Title Ix Tolerates Discriminatory Attendance Policies, Elizabeth M. Hady
The Absence Of Parenting Students’ Rights: How And Why Title Ix Tolerates Discriminatory Attendance Policies, Elizabeth M. Hady
Cardozo Journal of Equal Rights & Social Justice
The article examines the gaps in Title IX protections for parenting students, particularly female students, and highlights how societal stigma and discursive frameworks undermine their rights. It argues that while Title IX prohibits sex discrimination, its implementation often fails to address the unique challenges faced by parenting students, especially mothers, who are disproportionately affected by rigid attendance policies and discriminatory attitudes. The analysis emphasizes the role of "contamination discourse," which stigmatizes teenage mothers as irresponsible and a threat to societal morals, further eroding their legal protections and perpetuating inequality in education.
Steubenville And Beyond: The Constitutional Case For Comprehensive Sex Education, Kelly E. Mannion
Steubenville And Beyond: The Constitutional Case For Comprehensive Sex Education, Kelly E. Mannion
Cardozo Journal of Equal Rights & Social Justice
The article argues that states are constitutionally required to provide comprehensive sex education to minors, as it is essential for their ability to exercise their constitutional rights to privacy, liberty, and autonomy. The denial of adequate sex education constitutes an undue burden on these rights and fails to meet legal standards for rationality and pedagogical interest. The right to receive information under the First Amendment, combined with the liberty right in sexual and reproductive choice under the Fourteenth Amendment, compels recognition of a state duty to provide such education.
Equal Opportunity To Parent: The Case For Offering Teenage Moms And Dads Family Leave In Secondary Schools, Jaryn Haskell Saritzky
Equal Opportunity To Parent: The Case For Offering Teenage Moms And Dads Family Leave In Secondary Schools, Jaryn Haskell Saritzky
Cardozo Journal of Equal Rights & Social Justice
The note addresses the systemic exclusion of teenage fathers from discussions on teenage pregnancy and parenting, leading to unequal educational policies. It advocates for policy reforms to ensure equal treatment and support for all parenting students, emphasizing the need to challenge gender stereotypes and comply with legal protections.
Similarities Between Early Irish Marital Property Law And California Community Property: The Economic Significance Of A Wife's Labor, Caroline Bermeo Newcombe
Similarities Between Early Irish Marital Property Law And California Community Property: The Economic Significance Of A Wife's Labor, Caroline Bermeo Newcombe
Cardozo Journal of Equal Rights & Social Justice
The article presents a comparative analysis of two marital property systems: California's community property system and the ancient Irish Brehon law. Despite their temporal and cultural differences, both systems remarkably recognize women's rights to own property, allow unilateral divorce, and value the economic contribution of wives. This comparison highlights progressive legal ideas and critiques the impact of colonialism on legal frameworks, particularly the erosion of Brehon law through cases like Gavelkind, which replaced it with English common law and undermined women's rights.
Sex-Parate But Equal? The Legality Of Single-Sex Public Schools And Their Discriminatory Effect On Transgender Students, Bryana Turner
Sex-Parate But Equal? The Legality Of Single-Sex Public Schools And Their Discriminatory Effect On Transgender Students, Bryana Turner
Cardozo Journal of Equal Rights & Social Justice
The note argues that single-sex public schools are both legally problematic and harmful, particularly to transgender students. It contends that such schools violate Title IX of the Education Amendments of 1972 and are unconstitutional under the precedent set by Brown v. Board of Education. The analysis highlights the discriminatory effects of single-sex education, which perpetuates gender stereotypes and fails to accommodate transgender students, who are disproportionately affected by such policies.
Pregnancy Discrimination In Higher Education: Accommodating Student Pregnancy, Emily Mcnee
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.
Shackled And Chained In The Schoolyard: A New Approach To Schools' Section 1983 Liability Under The Special Relationship Test, Ali Davison
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Constitutional Implications Of Title Ix Compliance In Colleges And Universities, Michael Rosen
Constitutional Implications Of Title Ix Compliance In Colleges And Universities, Michael Rosen
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
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.
Sending The Principal To The Warden's Office: Holding School Officials Criminally Liable For Failing To Report Cyberbullying, Scott Farbish
Sending The Principal To The Warden's Office: Holding School Officials Criminally Liable For Failing To Report Cyberbullying, Scott Farbish
Cardozo Journal of Equal Rights & Social Justice
The note argues that current state anti-cyberbullying statutes are insufficient to protect students and that holding school officials criminally liable for failing to address cyberbullying incidents would be a more effective deterrent. It contends that while legislatures have made progress in addressing cyberbullying, the lack of clear definitions and comprehensive measures leaves victims without adequate remedies. The note proposes that criminal liability for school officials would incentivize proactive measures to prevent cyberbullying, particularly in cases where off-campus incidents disrupt the school environment.
Second Class Citizens: The Case Against Unequal Military Healthcare Benefits For Puerto Rican Veterans, Mónica Matos-Desa
Second Class Citizens: The Case Against Unequal Military Healthcare Benefits For Puerto Rican Veterans, Mónica Matos-Desa
Cardozo Journal of Equal Rights & Social Justice
The note argues that Puerto Rican veterans and their families face unequal treatment under the TRICARE healthcare system due to Puerto Rico's status as an unincorporated territory. This inequality stems from historical legal frameworks that have perpetuated the notion of Puerto Ricans as second-class citizens, despite their significant contributions to the U.S. military. The note advocates for legislative changes to extend equal TRICARE Prime benefits to Puerto Rico, ensuring first-class citizenship for its residents.
Smacking Lesson: How The Council Of Europe's Ban On Corporal Punishment Could Serve As A Model For The United States, Timothy John Nolen
Smacking Lesson: How The Council Of Europe's Ban On Corporal Punishment Could Serve As A Model For The United States, Timothy John Nolen
Cardozo Journal of Equal Rights & Social Justice
The note advocates for the United States to adopt a model similar to the Council of Europe, allowing states to ban corporal punishment while respecting federalism. It highlights the negative effects of corporal punishment and the need for a comprehensive ban, drawing on international legal standards and empirical evidence.
Henkle V. Gregory: A Landmark Struggle Against Student Gay Bashing, Armen H. Merjian
Henkle V. Gregory: A Landmark Struggle Against Student Gay Bashing, Armen H. Merjian
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
The Changing Faces Of Women's Colleges: Striking A Balance Between Transgender Rights And Women's Colleges' Right To Exclude, Cathy Perifimos
The Changing Faces Of Women's Colleges: Striking A Balance Between Transgender Rights And Women's Colleges' Right To Exclude, Cathy Perifimos
Cardozo Journal of Equal Rights & Social Justice
The note explores the tension between women's colleges' traditional mission of providing single-sex education and the rights of transgender students, arguing for the need to balance these interests through clear policies and legal frameworks.
Amending The Massachusetts Parental Notification Statute, Yuval Simchi-Levi
Amending The Massachusetts Parental Notification Statute, Yuval Simchi-Levi
Cardozo Journal of Equal Rights & Social Justice
The note argues that the Massachusetts Parental Notification Statute, enacted in 1996, should be amended to explicitly permit public schools to teach about sexual orientation in the context of promoting tolerance without requiring parental notification. The statute's ambiguity regarding whether such discussions fall under "human sexual education or human sexuality issues" has led to hesitation among schools and legal challenges. The author contends that clarifying the statute would align it with Massachusetts' commitment to diversity and tolerance, as reflected in court rulings like Goodridge v. Department of Public Health.
Lesbian, Gay, Bisexual, And Transgender Youth In The Juvenile Justice System: Incorporating Sexual Orientation And Gender Identity Into The Rehabilitative Process, Heather Squatriglia
Lesbian, Gay, Bisexual, And Transgender Youth In The Juvenile Justice System: Incorporating Sexual Orientation And Gender Identity Into The Rehabilitative Process, Heather Squatriglia
Cardozo Journal of Equal Rights & Social Justice
The note argues that the juvenile justice system must integrate the sexual orientation and gender identity of LGBT youth into their rehabilitative process. It emphasizes that these youth face unique challenges, including harassment, rejection, and discrimination, which often lead to their involvement in the juvenile justice system. The system's failure to address these issues undermines its rehabilitative goals, necessitating specialized programming and support to ensure these youth can develop into healthy, contributing adults.
French Headscarves And The U.S. Constitution: Parents, Children, And Free Exercise Of Religion, Christina A. Baker
French Headscarves And The U.S. Constitution: Parents, Children, And Free Exercise Of Religion, Christina A. Baker
Cardozo Journal of Equal Rights & Social Justice
The note examines the 2004 French law banning conspicuous religious symbols in public schools, highlighting its roots in France's unique secularist tradition (laïcité) and its implications for religious freedom. It contrasts this approach with the U.S., where the First Amendment would likely prevent such a ban, emphasizing the importance of protecting religious liberty to safeguard broader societal freedoms. The analysis underscores the differing legal and cultural frameworks between France and the U.S. in balancing secularism and religious expression.
Why Erzinger Could Be Revived: Are Mandatory Payments For University Insurance Plans Constitutional?, Adrian Martinez
Why Erzinger Could Be Revived: Are Mandatory Payments For University Insurance Plans Constitutional?, Adrian Martinez
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Improving Educational Outcomes For Children In Foster Care: Reading The Mckinney-Vento Act's "Awaiting Foster Care Placement" Provision To Include Children In Interim Foster Care Placements, Sarah Hudson-Plush
Cardozo Journal of Equal Rights & Social Justice
The note argues that the term "awaiting foster care placement" under the McKinney-Vento Homeless Assistance Act should be defined to include children in interim foster care placements to ensure educational stability and access to necessary protections.
Does Title Ix Work After School? California Applies The Three Part Test To Municipal Sports, Aaron J. Hershtal
Does Title Ix Work After School? California Applies The Three Part Test To Municipal Sports, Aaron J. Hershtal
Cardozo Journal of Equal Rights & Social Justice
The note examines the extension of Title IX gender equity requirements to municipal sports programs through California's AB 2404, addressing disparities in resource allocation and participation opportunities for girls. It argues that while AB 2404 provides critical protections and opportunities, its implementation faces challenges, including budget constraints and potential unintended consequences for male athletes. The analysis highlights the importance of addressing systemic gender discrimination in sports and the need for policymakers to balance equity with practical considerations.
Lawrence Summers At The Nber Conference: The Real Deal, Taunya Lovell Banks
Lawrence Summers At The Nber Conference: The Real Deal, Taunya Lovell Banks
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
The Lengthening Shadow Of Androcentrism, Bryan K. Fair
The Lengthening Shadow Of Androcentrism, Bryan K. Fair
Cardozo Journal of Equal Rights & Social Justice
The article critiques Harvard President Lawrence H. Summers' hypotheses on the underrepresentation of women in high-end science and engineering jobs, arguing that his views are based on stereotypes and overlook historical and systemic factors. The author contests Summers' points, emphasizing that gender disparities stem from deeply entrenched male privilege and legal structures rather than women's choices or aptitude. The analysis highlights the role of historical discrimination and legal cases in perpetuating gender caste.
Chess Club Is Not Cool: An Essay On The Choices Women Make That Preclude Them From Higher Professional Levels, Lisa A. Torraco
Chess Club Is Not Cool: An Essay On The Choices Women Make That Preclude Them From Higher Professional Levels, Lisa A. Torraco
Cardozo Journal of Equal Rights & Social Justice
The article argues that individual choice plays a significant role in the disparity between men and women achieving the highest professional levels. It contends that many women consciously prioritize family, personal fulfillment, and work-life balance over traditional measures of professional success, which often limits their advancement in male-dominated fields. The author emphasizes that while systemic factors like discrimination and cultural influences are real, the role of personal choice in shaping women's career trajectories should not be overlooked. Women are redefining success in ways that align with their values, often sacrificing high-pressure careers for more flexible or fulfilling roles.
Reflections On The Perpetual Myth Of The University As Seeker Of Truth, Michael I. Krauss
Reflections On The Perpetual Myth Of The University As Seeker Of Truth, Michael I. Krauss
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Preface, Betsy Driver
Preface, Betsy Driver
Cardozo Journal of Equal Rights & Social Justice
The preface highlights the growing recognition of intersex legal issues, emphasizing the shift from medical protocols focused on concealment to more patient-centered approaches. It underscores the significance of the 2005 symposium at Cardozo School of Law, which brought together scholars and activists to address intersex rights, medical practices, and legal frameworks. The publication resulting from the symposium provides a comprehensive resource on intersex advocacy, critiques existing medical and legal practices, and explores future directions for the intersex movement.
Approaching Critical Mass: An Exploration Of The Role Of Intersex Allies In Creating Positive Education, Advocacy And Change, Moonhawk River Stone M.S.
Approaching Critical Mass: An Exploration Of The Role Of Intersex Allies In Creating Positive Education, Advocacy And Change, Moonhawk River Stone M.S.
Cardozo Journal of Equal Rights & Social Justice
The purpose of this article is to explore the role of allies working on behalf of intersex people. The article approaches this exploration from various perspectives that have informed the author's ally work with intersex issues for more than ten years. First, the author begins with the personal perspective and the way in which the author became an ally of intersex people. Second, the article discusses the perspective of psychological trauma, the tapestry of which is interwoven through all aspects of intersex history and experience. Third, the author delineates ally attitudes, behaviors, and tasks that are important when one is …
Intersex Education, Advocacy & The Law: The Struggle For Recognition And Protection, Erin Lloyd
Intersex Education, Advocacy & The Law: The Struggle For Recognition And Protection, Erin Lloyd
Cardozo Journal of Equal Rights & Social Justice
The report addresses the lack of recognition and protection for intersex individuals, highlighting the controversial medical practices and legal challenges they face. It advocates for a shift from non-consensual surgeries to a more informed, rights-based approach, emphasizing the need for legal reforms and societal acceptance.
In Response To The Remarks By Lawrence H. Summers, Presenting Empirical Data On The Differences In Learning Styles Between Males And Females, Robin A. Boyle, Andrea Honigsfeld
In Response To The Remarks By Lawrence H. Summers, Presenting Empirical Data On The Differences In Learning Styles Between Males And Females, Robin A. Boyle, Andrea Honigsfeld
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Summers' Personal As Political: Reasoning Without Effort From Stereotypes, Ellen M. Bublick
Summers' Personal As Political: Reasoning Without Effort From Stereotypes, Ellen M. Bublick
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Summers Of Our Discontent, Phyllis Goldfarb
Summers Of Our Discontent, Phyllis Goldfarb
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.