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Articles 331 - 360 of 834
Full-Text Articles in Law and Gender
Coping With Combat Claims: An Analysis Of The Foreign Claims Act's Combat Exclusion, Jordan Walerstein
Coping With Combat Claims: An Analysis Of The Foreign Claims Act's Combat Exclusion, Jordan Walerstein
Cardozo Journal of Conflict Resolution
The purpose of this Note is to show that, although the FCA has positively impacted U.S. military operations, the so-called "combat exclusion" severely hampers its effectiveness. Therefore, Congress should eliminate the distinction between combat and noncombat claims and adopt a unified, permanent claims system to adjudicate all claims made by civilians against U.S. military forces operating overseas. Part II of this Note explores the origins of the "combat exclusion" in international law, and Part III traces the history of civilian compensation through World War I and World War II. Part IV surveys U.S. military use of the FCA and ad …
Lesbians, Gays, And People Living With Hiv: Facing And Fighting Barriers To Assisted Reproduction, Bebe J. Anderson
Lesbians, Gays, And People Living With Hiv: Facing And Fighting Barriers To Assisted Reproduction, Bebe J. Anderson
Cardozo Journal of Equal Rights & Social Justice
Numerous discriminatory barriers limit the ability of gays, lesbians, and people living with HIV to participate in assisted reproduction. Many of these barriers are created by laws and regulations, such as state laws criminalizing sperm donation by people living with HIV, and insurance regulations that are interpreted to limit infertility coverage to persons who have engaged in unprotected heterosexual intercourse that has not resulted in pregnancy. Other barriers are rooted in policies or practices of individual entities or individuals. For example, a gay man in Florida and a lesbian in California denied fertility services due to their sexual orientation have …
Masthead, Cardozo Journal Of Law & Gender, Vol. 16 (2009–10)
Masthead, Cardozo Journal Of Law & Gender, Vol. 16 (2009–10)
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 15, Iss. 2
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 15, Iss. 2
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Gardasil A Year Later: Cervical Cancer As A Model For Inequality Of Access To Health Services, Micah Globerson
Gardasil A Year Later: Cervical Cancer As A Model For Inequality Of Access To Health Services, Micah Globerson
Cardozo Journal of Equal Rights & Social Justice
This article updates a prior feminist legal analysis of Gardasil, the vaccine against Human Papillomavirus ("HPV"), in light of new developments. Recent discoveries confirming that HPV poses threats to men led Merck & Co. ("Merck") to apply for FDA approval to market Gardasil to males. These developments have renewed focus on the recurring question of whether making Gardasil vaccination a prerequisite for boys' school participation will arouse the same public condemnation that resulted from the prior mandate targeting girls. Another new development involves a vaccine panel recommendation by the Centers for Disease Control ("CDC") that inadvertently resulted in a policy …
Ianfu: No Comfort Yet For Korean Comfort Women And The Impact Of House Resolution 121, James Ladino
Ianfu: No Comfort Yet For Korean Comfort Women And The Impact Of House Resolution 121, James Ladino
Cardozo Journal of Equal Rights & Social Justice
The note examines the historical injustice and ongoing legal challenges surrounding the issue of "comfort women" during World War II, highlighting the barriers to justice and the ethical and diplomatic complexities that have prevented resolution. It critiques the legal frameworks and international efforts that have failed to address the survivors' demands for acknowledgment and reparations, emphasizing the tension between morality and geopolitical interests.
Annotated Legal Bibliography On Gender
Annotated Legal Bibliography On Gender
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 16, Iss. 1
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 16, Iss. 1
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Emerging As Heroes After The Devastation Of Natural Disaster: Can Women And Children Utilize Public Nuisance Claims To Catalyze Regulation Of Greenhouse Gas Emissions By U.S. Corporations?, Tressie K. Kamp
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
We Can Do Better: The State Of Custodial Misconduct By Correctional Staff In New York, Tanyika Brime
We Can Do Better: The State Of Custodial Misconduct By Correctional Staff In New York, Tanyika Brime
Cardozo Journal of Equal Rights & Social Justice
The note examines a class action lawsuit filed by female inmates against the New York Department of Correctional Services (DOCS), alleging widespread sexual misconduct by correctional staff and constitutional violations. The court ultimately dismissed most claims due to procedural issues, such as failure to exhaust administrative remedies, except for one plaintiff. The analysis highlights systemic failures in addressing prison sexual abuse and advocates for comprehensive legal reforms and external oversight to protect vulnerable inmates.
Rwandan Genocide: Taking Notes From The Holocaust Reparations Movement, Yael Weitz
Rwandan Genocide: Taking Notes From The Holocaust Reparations Movement, Yael Weitz
Cardozo Journal of Equal Rights & Social Justice
The note examines the failure to provide adequate reparations to rape victims of the Rwandan genocide, drawing parallels with the Holocaust reparations movement. It argues that while international law has advanced in recognizing rape as a grave crime, the existing mechanisms, such as the International Criminal Tribunal for Rwanda (ICTR), have failed to deliver reparations. The International Criminal Court (ICC) is proposed as a potential solution, despite jurisdictional limitations, through cooperation with the ICTR to address the urgent needs of Rwandan rape victims.
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.
The Triumph Of Confucianism: How A Subjugated Legal System Is Failing A Generation Of Chinese Women And Girls, Yufan Stephanie Wang
The Triumph Of Confucianism: How A Subjugated Legal System Is Failing A Generation Of Chinese Women And Girls, Yufan Stephanie Wang
Cardozo Journal of Equal Rights & Social Justice
The note examines the resurgence of Confucianism in China's legal system, arguing that it undermines gender equality and fails to protect the rights of women and girls despite economic reforms. It highlights how traditional Confucian values, emphasizing morality and social hierarchy, have persisted and influenced laws, leading to the subjugation of women in both legal and societal contexts.
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 15, Iss. 3
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 15, Iss. 3
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Bound By Injustice: Challenging The Use Of Shackles On Incarcerated Pregnant Women, Dana Sussman
Bound By Injustice: Challenging The Use Of Shackles On Incarcerated Pregnant Women, Dana Sussman
Cardozo Journal of Equal Rights & Social Justice
The use of shackles to restrain a pregnant woman during the birthing process is a barbaric practice that needlessly inflicts excruciating pain and humiliation. It is widely condemned by members of the international community, including leading medical and public health associations. Although human rights advocates have effected significant policy change in the past ten years to eliminate the use of shackles on women in labor, it remains routine practice in many American prisons and jails. Reproductive rights advocates should consider this a reproductive justice issue and build on the gains of the human rights community to bring legal claims challenging …
What To Expect: Legal Developments And Challenges In Reproductive Justice
What To Expect: Legal Developments And Challenges In Reproductive Justice
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
The Women's Right To Participate In The Game Of Baseball, David Fintz
The Women's Right To Participate In The Game Of Baseball, David Fintz
Cardozo Journal of Equal Rights & Social Justice
The note argues that women have historically been excluded from participating in baseball due to gender discrimination, which violates the Equal Protection Clause of the Fourteenth Amendment and Title IX. It critiques the narrow interpretation of state action in cases like Magill v. Avonworth Baseball Conference and advocates for broadening this doctrine to include youth organizations. The author proposes legal reforms, such as amending Little League charters, to ensure girls' inclusion in baseball programs. By addressing these legal barriers, the article suggests that girls can achieve greater opportunities in baseball, following the success of female athletes in other sports.
Annotated Legal Bibliography On Gender
Annotated Legal Bibliography On Gender
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
A Safe Haven For Nixzmary Brown, Chantal L. Hamlin
A Safe Haven For Nixzmary Brown, Chantal L. Hamlin
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Annotated Legal Bibliography On Gender
Annotated Legal Bibliography On Gender
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Improving Asylum-Seeker Credibility Determinations: Introducing Appropriate Dispute Resolution Techniques Into The Process, Daniel Forman
Improving Asylum-Seeker Credibility Determinations: Introducing Appropriate Dispute Resolution Techniques Into The Process, Daniel Forman
Cardozo Journal of International and Comparative Law
The note argues that incorporating Alternative Dispute Resolution (ADR) techniques into asylum adjudications can enhance the fairness and accuracy of credibility determinations. It proposes a two-step process, including preliminary fact-finding and early neutral evaluation, to address challenges such as cultural differences, trauma, and adversarial dynamics.
The Earth Turned To Bring Us Closer, Bruce L. Hay
The Earth Turned To Bring Us Closer, Bruce L. Hay
Cardozo Law Review
No abstract provided.
Reconceiving Civil Protection Orders For Domestic Violence: Can Law Help End The Abuse Without Ending The Relationship?, Sally F. Goldfarb
Reconceiving Civil Protection Orders For Domestic Violence: Can Law Help End The Abuse Without Ending The Relationship?, Sally F. Goldfarb
Cardozo Law Review
No abstract provided.
Annotated Legal Bibliography On Gender
Annotated Legal Bibliography On Gender
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Employment Discrimination Remedies: The Shape Of Lawsuits, The Shape Of The Law: Proceedings Of The 2008 Annual Meeting Association Of American Law Schools Section On Employment Discrimination Law And Section On Remedies, Michael P. Allen, Paul M. Secunda, Julie C. Suk, Tristin K. Green, Brad Seligman, Elaine W. Shoben
Employment Discrimination Remedies: The Shape Of Lawsuits, The Shape Of The Law: Proceedings Of The 2008 Annual Meeting Association Of American Law Schools Section On Employment Discrimination Law And Section On Remedies, Michael P. Allen, Paul M. Secunda, Julie C. Suk, Tristin K. Green, Brad Seligman, Elaine W. Shoben
Articles
The article examines the effectiveness of legal frameworks and corporate practices in addressing employment discrimination, contrasting the French criminal approach with the U.S. reliance on civil remedies and diversity initiatives. It argues that while criminal investigations in France have successfully uncovered and punished discriminatory hiring practices, U.S. corporations often evade meaningful change through ineffective diversity training and lack robust accountability mechanisms. The analysis underscores the need for structural reforms in the U.S., emphasizing the importance of accountability and flexibility in consent decrees to drive lasting progress in diversity and inclusion.
Procedural Path Dependence: Discrimination And The Civil-Criminal Divide, Julie C. Suk
Procedural Path Dependence: Discrimination And The Civil-Criminal Divide, Julie C. Suk
Articles
Procedural path dependence occurs when the particular features of the procedural system that is charged with enforcing a given legal norm determine the substantive path of that norm. This Article shows how the limits of employment discrimination law in two different national contexts can be explained by procedural dynamics. In France, as in several European countries, employment discrimination law is enforced predominantly in criminal proceedings. French criminal procedure enables the discovery of information necessary to prove the facts of discrimination, whereas the limits of French civil procedure make it impossible for such information to be revealed. As a result, the …
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 13, Iss. 4
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 13, Iss. 4
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 14, Iss. 2
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 14, Iss. 2
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Walking The Path Of The Law: How Law Graduates Navigate Career Choices And Tolerate Jobs That Fail To Meet Expectations, Deborah J. Cantrell, Elizabeth Levy Paluck, Heather Lord, April Smith
Walking The Path Of The Law: How Law Graduates Navigate Career Choices And Tolerate Jobs That Fail To Meet Expectations, Deborah J. Cantrell, Elizabeth Levy Paluck, Heather Lord, April Smith
Cardozo Journal of Equal Rights & Social Justice
The article presents a longitudinal study of Yale Law School graduates from 1970 to 1999, analyzing their career paths, job satisfaction, and gender differences in professional experiences. It highlights the prevalence of career transitions, with many graduates moving from private practice to academia, government, or public interest roles. The study reveals significant gender disparities in job satisfaction and work-life balance, while challenging common assumptions about legal careers, such as the notion that women abandon private practice more frequently than men. The analysis underscores the importance of understanding career dynamics to improve support systems for law graduates.
Annotated Legal Bibliography On Gender
Annotated Legal Bibliography On Gender
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.