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Articles 1 - 30 of 40
Full-Text Articles in Fourteenth Amendment
Effectiveness Is Not A Criterion Here: The Curriculum Marketplace And The Students It Leaves Behind, Serena E. Roche
Effectiveness Is Not A Criterion Here: The Curriculum Marketplace And The Students It Leaves Behind, Serena E. Roche
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Equitable Incorporation: How History And Tradition Can Progressively Redefine The Fourteenth Amendment, Robert D'Alessandro
Equitable Incorporation: How History And Tradition Can Progressively Redefine The Fourteenth Amendment, Robert D'Alessandro
Cardozo Journal of Equal Rights & Social Justice
The Fourteenth Amendment, designed to ensure equality before the law, has been misinterpreted by the Supreme Court through its incorporation doctrine, leading to rulings that harm marginalized communities. The article advocates for "Equitable Incorporation," a doctrine requiring courts to consider the impact of their decisions on historically discriminated groups, ensuring the Amendment's purpose of equity and justice is upheld. This approach would necessitate the incorporation of unincorporated rights and reinterpret existing ones to reflect the Amendment's equitable intent.
Death At The Door Of Relief: The Criminalization Of Humanitarian Work And Asylum, William Fox
Death At The Door Of Relief: The Criminalization Of Humanitarian Work And Asylum, William Fox
Cardozo Journal of Equal Rights & Social Justice
The note argues that the criminalization of humanitarian aid to migrants at the U.S.-Mexico border violates international human rights law and exacerbates a growing refugee crisis. It contends that the U.S. government's "prevention through deterrence" policy funnels migrants into dangerous conditions, leading to increased deaths and human rights violations. The analysis calls for structural reforms, including expanded humanitarian parole, temporary protected status, and refugee resettlement programs, to align U.S. policy with its international obligations and mitigate the crisis.
A Rights-Based Approach To Determining Venue For Immigration Removal Hearings, Maleah Bradley
A Rights-Based Approach To Determining Venue For Immigration Removal Hearings, Maleah Bradley
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Leveling The Playing Field In Custody Proceedings In New York City Family Court: Enforcing The Rights Of All Parents To Notice And An Unbiased Opportunity To Enforce Their Fundamental Right To Parent Their Child, Dana Gambardella
Cardozo Journal of Equal Rights & Social Justice
The note argues that the Administration for Children's Services (ACS) in New York City systematically fails to notify non-respondent fathers, particularly Black fathers, of their rights and opportunities to participate in child welfare proceedings. This practice violates their fundamental constitutional right to parent and disproportionately affects low-income Black families, perpetuating racial and economic disparities in the child welfare system. The note advocates for systemic reforms, including increased accountability for ACS and the establishment of a private right of action for aggrieved parents.
Gatekeeping The Profession, Christopher Williams
Gatekeeping The Profession, Christopher Williams
Cardozo Journal of Equal Rights & Social Justice
The article argues that the U.S. model of legal education functions as a racial gatekeeper, perpetuating inequality by adopting and exacerbating societal prejudices. It highlights how structural mechanisms within legal education, such as standardized testing, admission processes, and socialization, disproportionately exclude and marginalize students of color, particularly black students, mirroring the experiences of Dalits in India's legal education system. The author introduces the concept of "adoptive prejudice," where legal education systems adapt and embed societal hierarchies, leading to systemic exclusion and disparity.
A Presumption In Favor Of Openness: Unsealing Adoption Records, Emily Ingall
A Presumption In Favor Of Openness: Unsealing Adoption Records, Emily Ingall
Cardozo Journal of Equal Rights & Social Justice
The note argues that the current system of sealed adoption records in the United States, which prioritizes confidentiality over adoptees' rights, is outdated and harmful. It advocates for a presumption of openness, asserting that adoptees have a fundamental right to access their birth records, which is essential for their identity, medical needs, and psychological well-being. The analysis calls for legal reforms that balance the privacy rights of birth parents with the rights of adoptees to their personal information, proposing a model that includes contact preference registries and access to non-identifying information.
Making The Leap From Bullying To Equality: An Analysis Of Transgender Student Rights, Nathan Ades
Making The Leap From Bullying To Equality: An Analysis Of Transgender Student Rights, Nathan Ades
Cardozo Journal of Equal Rights & Social Justice
The note examines the legal and political landscape surrounding transgender students' rights, particularly under Title IX, following the withdrawal of Obama-era guidelines by the Trump administration. This withdrawal has led to significant legal confusion and variability in protections across jurisdictions. The analysis suggests that advocating for antibullying policies may offer a more effective strategy for advancing transgender rights, especially in conservative states, by avoiding direct confrontation with gender identity issues.
A Clear And Present Danger: The Need For Regulated Accountability For Online Service Providers To Preserve And Promote Free Speech, Notice, And Due Process, Benjamin H. Winters
A Clear And Present Danger: The Need For Regulated Accountability For Online Service Providers To Preserve And Promote Free Speech, Notice, And Due Process, Benjamin H. Winters
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Back Down To Bullying? The Detrimental Effects Of Zero Tolerance Policies On Bullied Adolescents, Devon L. Disiena
Back Down To Bullying? The Detrimental Effects Of Zero Tolerance Policies On Bullied Adolescents, Devon L. Disiena
Cardozo Journal of Equal Rights & Social Justice
The note critiques zero tolerance policies in schools, arguing that they disproportionately harm bullied adolescents by failing to consider their circumstances, leading to unjust disciplinary actions and discouraging victims from seeking help. It advocates for legislative reforms, particularly in New York, to include self-defense as a mitigating factor in disciplinary decisions.
Thou Shall Not Adopt: Sexual Orientation Discrimination In The Adoption Process, Peter Gallucci
Thou Shall Not Adopt: Sexual Orientation Discrimination In The Adoption Process, Peter Gallucci
Cardozo Journal of Equal Rights & Social Justice
The note addresses the issue of sexual orientation discrimination in the adoption process, highlighting how religious-based adoption agencies often deny services to LGBTQ+ couples, despite the growing need for foster care placements. It critiques current laws that permit such discrimination and proposes an enhanced version of the Every Child Deserves a Family Act to ensure equal adoption rights while mitigating the impact on states and foster children.
Housing Intersex Juvenile Offenders, Janae Hunte
Housing Intersex Juvenile Offenders, Janae Hunte
Cardozo Journal of Equal Rights & Social Justice
The note examines the legal and societal challenges faced by intersex individuals, particularly in the U.S. prison system, arguing that current laws and policies fail to adequately protect their rights. It highlights the need for standardized guidelines and protections, advocating for federal standards that respect intersex individuals' autonomy and safety in prison housing. The analysis focuses on the intersection of medical normalization practices, constitutional rights, and legislative shortcomings, emphasizing the importance of addressing these issues through legal reform and policy changes.
What Can I Do For You, My Damaged Angel: Ways To Better Protect Special Needs Children Adopted From China, Kaidi Yu
Cardozo Journal of Equal Rights & Social Justice
The note argues that current legal frameworks governing intercountry adoptions, particularly between the U.S. and China, fail to adequately protect the welfare of special needs children. It highlights gaps in the Hague Convention, Chinese Adoption Law, and U.S. implementation of the Intercountry Adoption Act, emphasizing the need for uniform definitions of special needs, enhanced parental preparedness, and improved post-adoption support systems to address these shortcomings.
Equity In Substantial Evidence, Or Using Article 78 Judicial Review To Achieve Justice For Public Housing Occupants, Janelle Greene
Equity In Substantial Evidence, Or Using Article 78 Judicial Review To Achieve Justice For Public Housing Occupants, Janelle Greene
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Flying Into Mecca: When Gender Should Be A Bona Fide Occupational Qualification For Expatriation Assignments In Female-Hostile Host Countries, Richard F. Brueckner
Flying Into Mecca: When Gender Should Be A Bona Fide Occupational Qualification For Expatriation Assignments In Female-Hostile Host Countries, Richard F. Brueckner
Cardozo Journal of Equal Rights & Social Justice
The note examines the tension between preserving cultural identity and navigating the demands of globalization, particularly in the context of employment discrimination under Title VII of the Civil Rights Act. It focuses on the "bona fide occupational qualification" (BFOQ) exception, which allows employers to discriminate based on certain qualifications essential to the job. The analysis critiques the narrow interpretation of BFOQ by courts and explores its application in religious and gender discrimination cases, proposing a balanced approach to reconcile business needs with anti-discrimination principles.
Redefining Viability: Why The State Must Ensure Viable Alternatives To Pregnancy And Motherhood, Lauren Maisel Goldsmith
Redefining Viability: Why The State Must Ensure Viable Alternatives To Pregnancy And Motherhood, Lauren Maisel Goldsmith
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
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.
Waiving Goodbye To Due Process: The Juvenile Waiver System, Rachel Jacobs
Waiving Goodbye To Due Process: The Juvenile Waiver System, Rachel Jacobs
Cardozo Journal of Equal Rights & Social Justice
The juvenile waiver system is flawed as it arbitrarily subjects minors to adult criminal proceedings, disregarding their potential for rehabilitation and violating their due process rights. The system must be reformed to ensure fair, individualized assessments and protect juveniles' rights.
Criminalization In Shades Of Color: Prosecuting Pregnant Drugaddicted Women, Carla-Michelle Adams
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.
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.
The Constitutionality Of And Need For Retroactive Civil Legislation Relating To Child Sexual Abuse, Jenna Miller
The Constitutionality Of And Need For Retroactive Civil Legislation Relating To Child Sexual Abuse, Jenna Miller
Cardozo Journal of Equal Rights & Social Justice
The note advocates for the constitutionality and necessity of retroactive child sexual abuse laws, arguing that they provide victims with a pathway to justice despite statutes of limitations. It supports this stance with Supreme Court rulings and examples of successful implementations in states like California and Delaware, emphasizing the balance between victims' rights and defendants' rights.
Guarding Their Sanctuary On The Offense: Criminal Contempt Actions By Domestic Violence Victims In Private Capacity, Mili Patel
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Gender-Classified Imports: Equal Protection Violations In The Harmonized Tariff Schedule Of The United States, Jason Lewis
Gender-Classified Imports: Equal Protection Violations In The Harmonized Tariff Schedule Of The United States, Jason Lewis
Cardozo Journal of Equal Rights & Social Justice
The note argues that gender-based classifications in the Harmonized Tariff Schedule of the United States (HTSUS) likely violate the Equal Protection Clause of the Fourteenth Amendment. It critiques the Federal Circuit's application of a lower level of scrutiny in Totes-Isotoner Corp. v. United States and advocates for courts to apply intermediate scrutiny, as established by Craig v. Boren, to such classifications. The analysis also examines the role of the Office of the U.S. Trade Representative (USTR) in trade negotiations and asserts that international agreements cannot override constitutional protections.
Barriers To Financing: Is European Union Indirect Discrimination Law The Answer For Female Entrepreneurs?, Adam G. Panopoulos
Barriers To Financing: Is European Union Indirect Discrimination Law The Answer For Female Entrepreneurs?, Adam G. Panopoulos
Cardozo Journal of Equal Rights & Social Justice
The note explores whether European Union indirect discrimination law, particularly Directive 2004/113/EC, can address the barriers female entrepreneurs face in accessing financing. It examines the application of indirect discrimination principles to financial services, analyzing ECJ case law and advocating for the integration of gender mainstreaming to enhance gender equality in entrepreneurship.
Drawing Bisexuality Back Into The Picture: How Bisexuality Fits Into Lgbt Legal Strategy Ten Years After Bisexual Erasure, Heron Greenesmith
Drawing Bisexuality Back Into The Picture: How Bisexuality Fits Into Lgbt Legal Strategy Ten Years After Bisexual Erasure, Heron Greenesmith
Cardozo Journal of Equal Rights & Social Justice
The article argues that bisexuality remains legally invisible, both in legal culture and jurisprudence, due to its inherent complexity and the reliance of legal arguments on a binary understanding of sexual orientation. It extends Kenji Yoshino's theory of bisexual erasure into the legal context, proposing that bisexuality is not just socially invisible but also legally inconspicuous. The analysis focuses on two main hypotheses: first, that bisexuality is inherently invisible to the law beyond deliberate erasure, and second, that where bisexuality is legally relevant, it complicates legal arguments that depend on the binary of sexuality. The article concludes by advocating for …
Defensive Mechanism: A Father's Right To Defend The Unborn, Lawrence Estrada
Defensive Mechanism: A Father's Right To Defend The Unborn, Lawrence Estrada
Cardozo Journal of Equal Rights & Social Justice
The note examines the Michigan Court of Appeals' decision in Kurr, which recognized a father's right to defend his unborn children under the defense of others doctrine, citing Michigan's fetal homicide law. This ruling extends legal protections to fetuses while maintaining exceptions for lawful abortions, reflecting broader shifts in legal and public policy toward fetal protection. The decision highlights the tension between protecting unborn life and preserving women's reproductive rights, emphasizing the narrow application of the defense to avoid undermining abortion rights established by Roe v. Wade.
Barriers To Freedom: Continued Failure Of U.S. Immigration Laws To Offer Equal Protection To Immigrant Battered Women, Katerina Shaw
Barriers To Freedom: Continued Failure Of U.S. Immigration Laws To Offer Equal Protection To Immigrant Battered Women, Katerina Shaw
Cardozo Journal of Equal Rights & Social Justice
The note argues that U.S. immigration laws, despite advancements made by the Violence Against Women Act (VAWA), continue to fail in providing equal protection and adequate relief to immigrant battered women. It highlights that these women face significant legal and non-legal barriers, including unequal treatment under VAWA, burdensome evidentiary requirements, and cultural and financial obstacles that prevent them from seeking help and escaping abusive relationships.
Change Of Sex Designation On Transsexuals' Birth Certificates: Public Policy And Equal Protection, Stephanie Markowitz
Change Of Sex Designation On Transsexuals' Birth Certificates: Public Policy And Equal Protection, Stephanie Markowitz
Cardozo Journal of Equal Rights & Social Justice
The note examines the legal inconsistencies in the United States regarding the amendment of birth certificates for postoperative transsexual individuals, highlighting the disparity in treatment between male-to-female (MTF) and female-to-male (FTM) transsexuals. It argues that these inconsistencies violate the Equal Protection Clause by subjecting similarly situated individuals to different standards, often requiring MTF transsexuals to undergo more invasive surgeries than FTM transsexuals. The author advocates for a more equitable approach, emphasizing the importance of medical professionals' opinions and aligning legal standards with modern understandings of gender identity.
Wedlock, Blood Relationship, And Citizenship, Logan Bobo
Wedlock, Blood Relationship, And Citizenship, Logan Bobo
Cardozo Journal of Equal Rights & Social Justice
The note examines the conflicting interpretations of U.S. nationality law under the Immigration and Nationality Act (INA), particularly focusing on whether citizenship transmission requires a blood relationship or can be based on the legal status of the parents' marriage. It argues that the Ninth Circuit's interpretation, which does not require a blood relationship for children born in wedlock, better aligns with the INA's goals of promoting family unity and avoiding gender-based discrimination. The note critiques the State Department's interpretation, as outlined in the Foreign Affairs Manual (FAM), for lacking statutory and judicial support, and highlights the need for congressional or …