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New York Law School

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Articles 151 - 180 of 208

Full-Text Articles in Law and Gender

Doe V. Bell, Harley Abrevaya Jan 2006

Doe V. Bell, Harley Abrevaya

NYLS Law Review

No abstract provided.


The Failure Of Innocent Spouse Reform, Richard C.E. Beck Jan 2006

The Failure Of Innocent Spouse Reform, Richard C.E. Beck

NYLS Law Review

No abstract provided.


The Authoritative Moment: Exploring The Boundaries Of Interpretation In The Recognition Of Queer Families, Kris Franklin Jan 2006

The Authoritative Moment: Exploring The Boundaries Of Interpretation In The Recognition Of Queer Families, Kris Franklin

Articles & Chapters

This article examines the boundaries of judicial interpretation as courts struggle to define the families formed by lesbians, gay men and transexuals. It compares the jurisprudence of numerous state courts examining queer families in different contexts. The article identifies three interwoven components of judicial reasoning: "lex" reasoning, grounded in the jurisdiction's binding and persuasive law; factual reasoning in which the courts must categorize queer families as analogous to those the law already recognizes or instead as something quite new and distinct; and finally methodological reasoning, in which courts self-consciously examine the boundaries of their own interpretive authority. Showing that in …


Alaska Dp Benefits Must Begin, Arthur S. Leonard Jan 2006

Alaska Dp Benefits Must Begin, Arthur S. Leonard

Other Publications

No abstract provided.


Gender Stereotyping: Expanding The Boundaries Of Title Vii: Proceedings Of The 2006 Annual Meeting, Association Of American Law Schools, Section On Employment Discrimination Law, Michelle A. Travis, Arthur S. Leonard, Joann Williams, Mirriam Cherry Jan 2006

Gender Stereotyping: Expanding The Boundaries Of Title Vii: Proceedings Of The 2006 Annual Meeting, Association Of American Law Schools, Section On Employment Discrimination Law, Michelle A. Travis, Arthur S. Leonard, Joann Williams, Mirriam Cherry

Articles & Chapters

No abstract provided.


No Toronto Nups For Irish, Arthur S. Leonard Jan 2006

No Toronto Nups For Irish, Arthur S. Leonard

Other Publications

No abstract provided.


Separate But Equal Education In The Context Of Gender, Isabelle Katz Pinzler Jan 2005

Separate But Equal Education In The Context Of Gender, Isabelle Katz Pinzler

NYLS Law Review

No abstract provided.


The Impact Of International Human Rights Developments On Sexual Minority Rights, Arthur S. Leonard Jan 2005

The Impact Of International Human Rights Developments On Sexual Minority Rights, Arthur S. Leonard

Articles & Chapters

The Supreme Court's decision in Lawrence v. Texas (2003) marked the first time that tribunal took notice of how foreign and international courts were dealing with the civil rights claims of lesbians and gay men as part of its discussion of American constitutional law. If this evinces a new openness by the Court to looking at such external sources in gay rights cases, what would it find on the major legal issues now facing the LGBT community in the United States? This article summarizes developments abroad on legal recognition of same-sex partners (including for purposes of immigration status) and military …


Langan V. St. Vincent’S Hospital, Emily Stein Jan 2004

Langan V. St. Vincent’S Hospital, Emily Stein

NYLS Law Review

No abstract provided.


Homophobia And The 'Mathew Shepard Effect' In Lawrence V. Texas, Kris Franklin Jan 2004

Homophobia And The 'Mathew Shepard Effect' In Lawrence V. Texas, Kris Franklin

Articles & Chapters

This paper explores the significance of shifting cultural understandings of gay men and lesbians in the Supreme Court's majority, concurring and dissenting opinions in the landmark sodomy case Lawrence v. Texas. By examining the legal authorities in which the case's various opinions are grounded, the article shows that the differing positions taken by the Court reflect radically diverging views on the significance of homosexuality in contemporary culture.

Beyond the rather easy observation that the Supreme Court justices are speaking different languages in the Lawrence opinion, the article contends that the rhetoric of the majority and dissent converge on at least …


The Role Of Workplace Culture Evidence In Hostile Workplace Environment Sexual Harassment Litigation: Does Title Vii Mean New Management Or Just Business As Usual?, Christopher Massaro Jan 2003

The Role Of Workplace Culture Evidence In Hostile Workplace Environment Sexual Harassment Litigation: Does Title Vii Mean New Management Or Just Business As Usual?, Christopher Massaro

NYLS Law Review

No abstract provided.


Women's Human Rights And The Conversation Across Cultures, Penelope Andrews Jan 2003

Women's Human Rights And The Conversation Across Cultures, Penelope Andrews

Articles & Chapters

This comment examines the vision of women's rights and equality as outlined in CEDAW. It raises some of thepossibilities and limitations associated with universalizing legal norms in a context of enormous global disparities, particularly in material and cultural terms.


Not Whistlin' Dixie: Now, More Than Ever, We Need Feminist Law Journals, Carlin Meyer Jan 2003

Not Whistlin' Dixie: Now, More Than Ever, We Need Feminist Law Journals, Carlin Meyer

Articles & Chapters

No abstract provided.


She Breaks Just Like A Little Girl: Neonaticide, The Insanity Defense, And The Irrelevance Of Ordinary Common Sense, Michael L. Perlin Jan 2003

She Breaks Just Like A Little Girl: Neonaticide, The Insanity Defense, And The Irrelevance Of Ordinary Common Sense, Michael L. Perlin

Articles & Chapters

No abstract provided.


Two Colored Women's Conversation About The Relevance Of Feminist Law Journals In The Twenty-First Century, Taunya Lovell Banks, Penelope Andrews Jan 2003

Two Colored Women's Conversation About The Relevance Of Feminist Law Journals In The Twenty-First Century, Taunya Lovell Banks, Penelope Andrews

Articles & Chapters

This is a critique by two non-white law professors in the form of a conversation about the relevance offeminist law journals on their lives and scholarship. We conclude that the impression that feministscholarship now is accepted in mainstream law reviews may be illusory and thus there is a continuing need for feminist law journals. In the past rather than creating a new type of journal, feminist law journals tend to replicate the traditional law journal model. Only the focus is different. Twenty years later not only do race and sexuality continue to separate us, but increasingly, careerism as well. The …


A Brief History Of Gender Law Journals: The Heritage Of Myra Bradwell's Chicago Legal News, Richard H. Chused Jan 2003

A Brief History Of Gender Law Journals: The Heritage Of Myra Bradwell's Chicago Legal News, Richard H. Chused

Articles & Chapters

No abstract provided.


Press Freedom And Public Forums, Arthur S. Leonard Jan 2002

Press Freedom And Public Forums, Arthur S. Leonard

Other Publications

No abstract provided.


Rights And Responsibilities, Arthur S. Leonard Jan 2002

Rights And Responsibilities, Arthur S. Leonard

Other Publications

No abstract provided.


Don’T Blame Canada, Arthur S. Leonard Jan 2002

Don’T Blame Canada, Arthur S. Leonard

Other Publications

No abstract provided.


Progress Up North, Arthur S. Leonard Jan 2002

Progress Up North, Arthur S. Leonard

Other Publications

No abstract provided.


Equal Protection Victory, Arthur S. Leonard Jan 2002

Equal Protection Victory, Arthur S. Leonard

Other Publications

No abstract provided.


United Kingdom Transgender Win, Arthur S. Leonard Jan 2002

United Kingdom Transgender Win, Arthur S. Leonard

Other Publications

No abstract provided.


Court Refuses Moot Role, Arthur S. Leonard Jan 2002

Court Refuses Moot Role, Arthur S. Leonard

Other Publications

No abstract provided.


Book Review Of Richard C. Cortner’S Civil Rights And Public Accommodations: The Heart Of Atlanta Motel And Mcclung Cases, Edward A. Purcell Jr. Jan 2002

Book Review Of Richard C. Cortner’S Civil Rights And Public Accommodations: The Heart Of Atlanta Motel And Mcclung Cases, Edward A. Purcell Jr.

Other Publications

No abstract provided.


From Gender Apartheid To Non-Sexism: The Pursuit Of Women's Rights In South Africa, Penelope Andrews Jan 2001

From Gender Apartheid To Non-Sexism: The Pursuit Of Women's Rights In South Africa, Penelope Andrews

Articles & Chapters

This article discusses the quest for women's rights in South Africa and how the transition from apartheid to democracy led to a commitment to gender equality as incorporated in South Africa's transitional and final Constitutions. This paper refers to the organizational attempts by women prior to and during the constitutional drafting process to ensure that the new Constitution embodied the aspirations and reflected the struggles for women's rights by women activists in South Africa. This article is divided into six sections. Section Two describes the legacy of apartheid for all women in South Africa. This section shows how the laws …


Crimes Against -Humanity- Women: The Uncomfortable Stories Of ‘Comfort Women.’ A Book Review Essay Of Comfort Women Speak: Testimony By Sex Slaves Of The Japanese Military, Edited By Sangmie Choi Schellstede., Carlin Meyer Jan 2001

Crimes Against -Humanity- Women: The Uncomfortable Stories Of ‘Comfort Women.’ A Book Review Essay Of Comfort Women Speak: Testimony By Sex Slaves Of The Japanese Military, Edited By Sangmie Choi Schellstede., Carlin Meyer

Other Publications

No abstract provided.


Chronicling A Movement: 20 Years Of Lesbian/Gay Law Notes, Arthur S. Leonard Jan 2000

Chronicling A Movement: 20 Years Of Lesbian/Gay Law Notes, Arthur S. Leonard

Articles & Chapters

No abstract provided.


Globalization, Human Rights And Critical Race Feminism: Voices From The Margins, Penelope Andrews Jan 2000

Globalization, Human Rights And Critical Race Feminism: Voices From The Margins, Penelope Andrews

Articles & Chapters

South Africa and Australia, albeit markedly different in their demographics, politics, and history, share a colonial past, where race was the fault line throughout the society. Although there were marked differences in the colonial structure and various policies of the colonial administrators, both societies shared certain patriarchal attitudes that cemented during the colonial period and left a particular legacy of violence against black women. In both, the incidence of violence against women was so systemic and so ubiquitous that it has been described as a continuing violation of their human rights. The intersection of colonialism, patriarchy and violence and its …


Introduction: A Retrospective On The Lesbian/Gay Law Notes, Arthur S. Leonard Jan 2000

Introduction: A Retrospective On The Lesbian/Gay Law Notes, Arthur S. Leonard

Articles & Chapters

No abstract provided.


Global Issues In Compensatory Justice: Introduction, Penelope Andrews Jan 1999

Global Issues In Compensatory Justice: Introduction, Penelope Andrews

Articles & Chapters

No abstract provided.