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Law and Gender Commons™

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Yeshiva University, Cardozo School of Law

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Articles 271 - 300 of 835

Full-Text Articles in Law and Gender

Stateless, Jay Milbrandt Oct 2011

Stateless, Jay Milbrandt

Cardozo Journal of International and Comparative Law

The article argues that statelessness, affecting 12 million people globally, is a critical issue that international law inadequately addresses. It highlights the limitations of current legal frameworks and proposes a modern, technology-driven identification system to mitigate this crisis, drawing inspiration from historical solutions like the Nansen Passport.

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Have Truth And Reconciliation Commissions Helped Remediate Human Rights Violations Against Women? A Feminist Analysis Of The Past And Formula For The Future, Margaret (Peggy) Maisel Oct 2011

Have Truth And Reconciliation Commissions Helped Remediate Human Rights Violations Against Women? A Feminist Analysis Of The Past And Formula For The Future, Margaret (Peggy) Maisel

Cardozo Journal of International and Comparative Law

The article argues that Truth and Reconciliation Commissions (TRCs) have largely failed to adequately address human rights violations against women due to their male-centered frameworks, which prioritize public sphere violations over private sphere abuses. While some TRCs, such as those in Sierra Leone and Peru, have made strides in incorporating gender considerations, others, like the South African TRC, have excluded women's experiences, perpetuating gender inequality. The article advocates for a gender-inclusive approach to ensure women's voices and violations are integral to reconciliation processes, emphasizing the need to address both civil-political and economic-social rights.

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Exemptions And The Establishment Clause, Angela C. Carmella May 2011

Exemptions And The Establishment Clause, Angela C. Carmella

Cardozo Law Review

No abstract provided.

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Smith And Women's Equality, Leslie C. Griffin May 2011

Smith And Women's Equality, Leslie C. Griffin

Cardozo Law Review

No abstract provided.

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Odious Discrimination And The Religious Exemption Question, Laura S. Underkuffler May 2011

Odious Discrimination And The Religious Exemption Question, Laura S. Underkuffler

Cardozo Law Review

No abstract provided.

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Addressing Human Trafficking Along The United States-Mexico Border: The Need For A Bilateral Partnership, Rocio Garza Apr 2011

Addressing Human Trafficking Along The United States-Mexico Border: The Need For A Bilateral Partnership, Rocio Garza

Cardozo Journal of International and Comparative Law

The note argues that human trafficking along the U.S.-Mexico border is a complex issue rooted in economic disparities, weak legal frameworks, and the challenges of distinguishing trafficking from smuggling. It advocates for a bilateral partnership between the United States and Mexico to address the transnational nature of the crime, emphasizing the need for coordinated efforts in prosecution, victim protection, and prevention.

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Feminists And Firearms: Why Are So Many Women Anti-Choice?, Lindsay K. Charles Jan 2011

Feminists And Firearms: Why Are So Many Women Anti-Choice?, Lindsay K. Charles

Cardozo Journal of Equal Rights & Social Justice

The article argues that gun rights should be recognized as a feminist issue, emphasizing women's autonomy, safety, and equality. It challenges the conventional narrative that gun control aligns with feminist values, asserting that disarming women disempowers them and undermines their ability to defend themselves. The author advocates for women's right to bear arms as a means of self-defense, drawing parallels to other feminist issues like abortion, and proposes a rebuttable presumption for issuing concealed carry permits to women.

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Annotated Legal Bibliography On Gender Jan 2011

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Opening Remarks, Peter T. Coleman Jan 2011

Opening Remarks, Peter T. Coleman

Cardozo Journal of Conflict Resolution

No abstract provided.

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Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 17, Iss. 2 Jan 2011

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 17, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Annotated Legal Bibliography On Gender Jan 2011

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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"Until Death (Or Sex Change) Do Us Part": Advocating For Adoption Of The European Legal Approach To Validating Marriages Involving Post-Operative Transsexuals, Erin Bender Jan 2011

"Until Death (Or Sex Change) Do Us Part": Advocating For Adoption Of The European Legal Approach To Validating Marriages Involving Post-Operative Transsexuals, Erin Bender

Cardozo Journal of Equal Rights & Social Justice

The article advocates for the adoption of the European legal approach to validating marriages involving post-operative transsexuals, emphasizing privacy rights and the fundamental right to marry, rather than the outdated U.S. approach that focuses on biological criteria such as chromosomes and birth sex. It argues that the current U.S. framework unduly restricts the rights of post-operative transsexuals and fails to align with modern societal views on marriage, which prioritize companionship and privacy over procreation.

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International Advocate For Peace Award Acceptance Speech, Abigail E. Disney Jan 2011

International Advocate For Peace Award Acceptance Speech, Abigail E. Disney

Cardozo Journal of Conflict Resolution

In a few weeks, we will all be gathering around our mothers to celebrate one of the most shamelessly trumped-up, commercialized and corny-and I might add, one of my very favorite-holidays on the American calendar: Mother's Day. I do not want to sound cynical; it is truly a wonderful thing for us to stop and honor those women in our lives who have shaped us, for better or for worse. And who does not love a little tribute made out of glitter and doilies and Elmer's glue?

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Pregnancy Leave And Seniority Systems Under Title Vii: A Critique Of At&T V. Hulteen, Polina Zhong Jan 2011

Pregnancy Leave And Seniority Systems Under Title Vii: A Critique Of At&T; V. Hulteen, Polina Zhong

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Un Women: Jumping The Hurdles To Overcoming Gender Inequality, Or Falling Short Of Expectations?, Kerry Boyne Jan 2011

Un Women: Jumping The Hurdles To Overcoming Gender Inequality, Or Falling Short Of Expectations?, Kerry Boyne

Cardozo Journal of Equal Rights & Social Justice

The note examines the challenges faced by UN Women in addressing the interconnected issues of the feminization of poverty and HIV/AIDS, particularly in developing countries. It argues that while UN Women represents a significant step forward with its consolidated structure and increased resources, its success in eradicating these issues depends on overcoming deeply entrenched gender inequalities, inadequate funding, and the effectiveness of its implementation strategies. The analysis highlights the need for UN Women to not only formulate norms but also ensure their proper incorporation and implementation at national and local levels.

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Corporations And Human Rights Law: The Emerging Consensus And Its Effects On Women's Employment Rights, Tiana O'Konek Jan 2011

Corporations And Human Rights Law: The Emerging Consensus And Its Effects On Women's Employment Rights, Tiana O'Konek

Cardozo Journal of Equal Rights & Social Justice

The article argues that the current international human rights framework fails to adequately address corporate human rights abuses, particularly affecting women in the garment industry. This governance gap stems from the statist nature of international law, which overlooks non-state actors like corporations. Women in the garment industry, often confined to informal and precarious work, face systemic discrimination and exclusion from core labor protections, highlighting the need for a more inclusive and enforceable framework.

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Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 17, Iss. 3 Jan 2011

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 17, Iss. 3

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Where Are The Grounds For The Legality Of Abortion? A 13th Amendment Argument, Laura Sjoberg Jan 2011

Where Are The Grounds For The Legality Of Abortion? A 13th Amendment Argument, Laura Sjoberg

Cardozo Journal of Equal Rights & Social Justice

The article critiques the legal framework supporting abortion rights, arguing that privacy-based jurisprudence, as established in *Roe v. Wade*, is inadequate due to its roots in a gendered public/private divide that perpetuates inequality. It proposes a new constitutional basis for abortion rights under the Thirteenth Amendment, framing forced pregnancy as a form of involuntary servitude and emphasizing gender subordination rather than privacy or equality.

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Annotated Legal Bibliography On Gender Jan 2011

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. 18, Iss. 1 Jan 2011

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 18, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Using Gender Equality Analysis To Improve The Wellbeing Of Prostitutes, Barbara Havelkova Jan 2011

Using Gender Equality Analysis To Improve The Wellbeing Of Prostitutes, Barbara Havelkova

Cardozo Journal of Equal Rights & Social Justice

The article presents a framework for analyzing prostitution through the lens of gender equality, aiming to improve the wellbeing of prostitutes by offering regulators and judges a tool for evaluation. It challenges the asymmetric legal treatment of prostitutes and clients, arguing that such treatment violates gender equality principles. The framework proposes symmetric treatment or measures benefiting prostitutes to address structural inequalities rooted in gender, class, race, and socioeconomic status. The analysis draws on European and common law jurisdictions, emphasizing the need for gender-conscious policies to ensure fairness and proportionality.

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Guarding Their Sanctuary On The Offense: Criminal Contempt Actions By Domestic Violence Victims In Private Capacity, Mili Patel Jan 2011

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.

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Gender-Classified Imports: Equal Protection Violations In The Harmonized Tariff Schedule Of The United States, Jason Lewis Jan 2011

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.

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The Use Of The Intent Doctrine To Expand The Rights Of Intended Homosexual Male Parents In Surrogacy Custody Disputes, Perri Koll Jan 2011

The Use Of The Intent Doctrine To Expand The Rights Of Intended Homosexual Male Parents In Surrogacy Custody Disputes, Perri Koll

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the expansion of parental rights for homosexual male couples through surrogacy by promoting the intent doctrine and amending existing laws. It highlights the inconsistency in legal approaches across states and suggests that recognizing intended parenthood, regardless of sexual orientation, is essential for equality. The proposed solutions include adopting the intent doctrine nationwide and revising the Uniform Parentage Act to include same-sex couples.

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The Four Pillars Of Constitutional Doctrine, Suzanna Sherry Jan 2011

The Four Pillars Of Constitutional Doctrine, Suzanna Sherry

Cardozo Law Review

No abstract provided.

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What Role For “Women,” “Men,” And Transpeople/Intersex People In Gender Equality: A Commentary, Edward D. Stein Jan 2011

What Role For “Women,” “Men,” And Transpeople/Intersex People In Gender Equality: A Commentary, Edward D. Stein

Articles

This has been a very rich opening panel to what promises to be a terrific conference. The panelists' comments go in such varied directions that it is a challenge to be both a commentator and summarizer, especially when I have just a few minutes to speak. What I plan to do is say a little bit to draw together some of the themes that the panelists have been talking about that are connected to a couple of topics I have been working on while at the same time trying to look forward to some of the things I hope we …

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Balancing Liberty, Dignity, And Safety: The Impact Of Domestic Violence Lethality Screening, Margaret E. Johnson Nov 2010

Balancing Liberty, Dignity, And Safety: The Impact Of Domestic Violence Lethality Screening, Margaret E. Johnson

Cardozo Law Review

This Article undertakes the first ever analysis of the consequences of the justice and legal system's extensive use of lethality assessment tools for women subjected to abuse. An increasing number of states are now requiring their police, prosecutors, civil attorneys, advocates, service providers, and court personnel to assess women in order to obtain a score that indicates the woman's lethality risk because of domestic violence. The mandated danger assessment screen of all women subjected to violence focuses only on the risk of homicide and thereby limits the definition of what is domestic violence. In addition, the accompanying protocol for the …

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Political Party Restrictions And The Appointments Clause: The Federal Election Commission's Appointments Process Is Constitutional, Joshua Kershner Nov 2010

Political Party Restrictions And The Appointments Clause: The Federal Election Commission's Appointments Process Is Constitutional, Joshua Kershner

Cardozo Law Review

No abstract provided.

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Rethinking Children As Property: The Transitive Family, Kevin Noble Maillard Sep 2010

Rethinking Children As Property: The Transitive Family, Kevin Noble Maillard

Cardozo Law Review

Despite the collective view in law and social practice that it is intrinsically taboo to consider human beings as chattel, the law persists in treating children as property. Applying principles of property, this Article examines paternity disputes to explain and critique the law's view of children as property of their parents. As evidenced in these conflicts, the Article demonstrates that legal paternity exposes a rhetoric of ownership, possession, and exchange. The law presumes that a child born to a married woman is fathered by her husband, even when irrefutable proof exists that another man fathered the child. Attempts by non-marital …

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A Right To Bare All? Female Public Toplessness And Dealing With The Laws That Prohibit, Danielle Moriber Apr 2010

A Right To Bare All? Female Public Toplessness And Dealing With The Laws That Prohibit, Danielle Moriber

Cardozo Public Law, Policy & Ethics Journal

The note examines the legal and societal implications of women's right to be topless in public, arguing that this issue intersects with First Amendment rights, equal protection under the law, and cultural perceptions of gender and modesty. It contends that while societal norms heavily influence laws restricting female toplessness, such restrictions often disproportionately target women and raise constitutional concerns. The analysis advocates for a balanced approach, such as zoning regulations, to address these issues while respecting individual rights and community standards.

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