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Law and Gender Commons™

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Yeshiva University, Cardozo School of Law

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Articles 391 - 420 of 834

Full-Text Articles in Law and Gender

"We're Here To Protect Democracy. We're Not Here To Practice It": The U.S. Military's Involvement In Trafficking In Persons And Suggestions For The Future, Jorene Soto Jan 2007

"We're Here To Protect Democracy. We're Not Here To Practice It": The U.S. Military's Involvement In Trafficking In Persons And Suggestions For The Future, Jorene Soto

Cardozo Journal of Equal Rights & Social Justice

The article argues that the U.S. military has historically been complicit in human trafficking, particularly through its involvement in prostitution near overseas bases, and that current legal and policy measures fail to adequately address this issue. While laws like the Trafficking Victims Protection Act (TVPA) and the Uniform Code of Military Justice (UCMJ) provide some framework, enforcement and penalties are insufficient to deter military personnel from contributing to trafficking. The article calls for stronger legal policies, enhanced education, and stricter penalties to combat this issue effectively.

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Women And Weight-Based Employment Discrimination, Alexandra W. Griffin Jan 2007

Women And Weight-Based Employment Discrimination, Alexandra W. Griffin

Cardozo Journal of Equal Rights & Social Justice

The note argues that weight-based employment discrimination disproportionately affects women, contributing significantly to the gender wage gap. It advocates for recognizing this issue as a feminist concern and urges the use of existing legal frameworks and social change to address it.

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Qur'anic Hermeneutics And Sexual Politics, Asma Barlas Oct 2006

Qur'anic Hermeneutics And Sexual Politics, Asma Barlas

Cardozo Law Review

No abstract provided.

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Scripture Versus Contemporary Needs: A Sasanian/Zoroastrian Example, Yaakov Elman Oct 2006

Scripture Versus Contemporary Needs: A Sasanian/Zoroastrian Example, Yaakov Elman

Cardozo Law Review

No abstract provided.

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The "Corruption Of The Times" And The Mutability Of The Shari'a, Marion Holmes Katz Oct 2006

The "Corruption Of The Times" And The Mutability Of The Shari'a, Marion Holmes Katz

Cardozo Law Review

No abstract provided.

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Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit Oct 2006

Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit

Cardozo Law Review

No abstract provided.

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Equality And The Dialectic Between Identity And Difference, Michel Rosenfeld Jul 2006

Equality And The Dialectic Between Identity And Difference, Michel Rosenfeld

Articles

Modern equality as derived from the Enlightenment has always had problems with difference. Whereas feudalism set inequality as the baseline, modern society sets equality as the baseline, but allows for unequal treatment based on differences. Thus, differences among the sexes have been invoked to treat women as inferiors and racial differences to deprive racial minorities of equal treatment. Liberalism has countered these moves by promoting a conception of equality as identity according to which race or gender-based differences are irrelevant for purposes of political participation or employment. More recent claims for equality based on identity politics which callfor a type …

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Accurate Or Appalling: Representations Of Women Lawyers In Popular Culture, Laura Grosshans Apr 2006

Accurate Or Appalling: Representations Of Women Lawyers In Popular Culture, Laura Grosshans

Cardozo Public Law, Policy & Ethics Journal

The note explores the challenges and advancements faced by women in the legal profession through the characters of Amanda Bonner from Adam's Rib and Miranda Hobbes from Sex and the City. These characters, both successful female attorneys, illustrate the societal and professional obstacles women have encountered in the legal field during the latter half of the 20th century. The analysis highlights their struggles with sexism, work-life balance, and romantic relationships, while emphasizing the role of media representation in shaping public perceptions of women lawyers. The note argues that while progress has been made, achieving true equality in the legal …

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Human Rights And The Limits Of Law, Amartya Sen Apr 2006

Human Rights And The Limits Of Law, Amartya Sen

Cardozo Law Review

No abstract provided.

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Running The Trial Of The Century: The Nuremberg Legacy, Patricia M. Wald Feb 2006

Running The Trial Of The Century: The Nuremberg Legacy, Patricia M. Wald

Cardozo Law Review

No abstract provided.

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Reappraising The Nuremberg Trials And Their Legacy: The Role Of Victims In International Law, Yael Danieli Feb 2006

Reappraising The Nuremberg Trials And Their Legacy: The Role Of Victims In International Law, Yael Danieli

Cardozo Law Review

No abstract provided.

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Essay: The Romance Of Nuremberg And The Tease Of Moral Justice, Thane Rosenbaum Feb 2006

Essay: The Romance Of Nuremberg And The Tease Of Moral Justice, Thane Rosenbaum

Cardozo Law Review

No abstract provided.

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Annotated Legal Bibliography On Gender Jan 2006

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Looking At Trafficking Through A New Lens, Nilanjana Ray Jan 2006

Looking At Trafficking Through A New Lens, Nilanjana Ray

Cardozo Journal of Equal Rights & Social Justice

The article critiques existing frameworks for understanding and combating human trafficking, arguing that they are overly narrow and fail to address the root structural causes of trafficking, such as poverty, inequality, and lack of opportunities. It advocates for a more comprehensive approach that considers trafficking as a symptom of broader societal and economic issues, requiring global action to address these underlying conditions.

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From Legally Blonde To Miss Congeniality: The Femininity Conundrum, Anna M. Archer Jan 2006

From Legally Blonde To Miss Congeniality: The Femininity Conundrum, Anna M. Archer

Cardozo Journal of Equal Rights & Social Justice

The article argues that popular movies like Legally Blonde and Miss Congeniality perpetuate harmful gender stereotypes by depicting women as needing to conform to traditional notions of femininity or masculinity to succeed in male-dominated professions. These portrayals contradict the protections provided by Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on sex. The article contends that such films send the wrong message by suggesting women must change themselves to fit societal expectations rather than challenging those expectations.

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Letter From The Editor, Tasneem A. Shikari Jan 2006

Letter From The Editor, Tasneem A. Shikari

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Masthead - Cardozo Journal Of Law & Gender, Vol. 13 (2006–08) Jan 2006

Masthead - Cardozo Journal Of Law & Gender, Vol. 13 (2006–08)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Epa's Mercury Cap And Trade Rule: An Environmental Injustice For Women, Rachel Kalman Jan 2006

Epa's Mercury Cap And Trade Rule: An Environmental Injustice For Women, Rachel Kalman

Cardozo Journal of Equal Rights & Social Justice

The note critiques the EPA's Clean Air Mercury Rule (CAMR), arguing that it prioritizes economic interests over public health, particularly harming women of childbearing age and vulnerable populations. The rule's reliance on a cap and trade system, delayed implementation, and flawed risk assessment models underestimate mercury exposure risks, disproportionately affecting subsistence communities and low-income groups. The analysis advocates for stricter emissions standards under the Maximum Achievable Control Technology (MACT) framework and greater consideration of gender-specific health impacts in regulatory decisions.

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A New Disease Born Every Minute: The Marketing Of Pathology And The Exploitation Of Gender-Based Insecurities And Sexuality To Sell Drugs, Elizabeth Lambdin Jan 2006

A New Disease Born Every Minute: The Marketing Of Pathology And The Exploitation Of Gender-Based Insecurities And Sexuality To Sell Drugs, Elizabeth Lambdin

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Does Title Ix Work After School? California Applies The Three Part Test To Municipal Sports, Aaron J. Hershtal Jan 2006

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.

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Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 12, Iss. 3 Jan 2006

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 12, Iss. 3

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Cultural, Economic And Legal Factors Underlying Trafficking In Thailand And Their Impact On Women And Girls From Burma, Christa Foster Crawford Jan 2006

Cultural, Economic And Legal Factors Underlying Trafficking In Thailand And Their Impact On Women And Girls From Burma, Christa Foster Crawford

Cardozo Journal of Equal Rights & Social Justice

The article examines the complex factors underlying human trafficking in Thailand, particularly focusing on the trafficking of women and girls from Burma. It argues that while Thailand has made efforts to address the issue, the root causes, including cultural attitudes, economic interests, and legal frameworks, remain unaddressed. The analysis highlights the shift in trafficking patterns from Thai women to Burmese migrants due to improved socio-economic conditions for Thai nationals and worsening conditions in Burma. The article emphasizes the need for comprehensive solutions addressing both supply and demand factors, including legal reforms and policy changes.

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Annotated Legal Bibliography On Gender Jan 2006

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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The Cultural, Political, And Legal Climate Behind The Fight To Stop Trafficking In Women: William J. Clinton's Legacy To Women's Rights, Susan Tiefenbrun Jan 2006

The Cultural, Political, And Legal Climate Behind The Fight To Stop Trafficking In Women: William J. Clinton's Legacy To Women's Rights, Susan Tiefenbrun

Cardozo Journal of Equal Rights & Social Justice

The article examines the Clinton Administration's significant contributions to advancing women's rights, particularly through landmark legislation such as the Family and Medical Leave Act (FMLA) and the Trafficking Victims Protection Act (TVPA). These efforts, including the appointment of women to high office, reflect a cultural shift toward valuing women's roles and protecting them from exploitation. The TVPA, reauthorized under subsequent administrations, has had a lasting domestic and international impact in combating human trafficking and supporting victims. The article highlights the importance of legislative and judicial approaches in addressing violence against women and promoting gender equality.

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Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 12, Iss. 2 Jan 2006

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 12, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Begging For Justice? Or, Adaptive Jurisprudence? Initial Reflections On Mandatory Adr To Enforce Women's Rights In Rwanda, Phyllis E. Bernard Jan 2006

Begging For Justice? Or, Adaptive Jurisprudence? Initial Reflections On Mandatory Adr To Enforce Women's Rights In Rwanda, Phyllis E. Bernard

Cardozo Journal of Conflict Resolution

This Article presents the author's personal reflections on the promise and perils involved in blending rules of modern law with traditional values of African culture. The project began from a basic premise that both Americans and Rwandans should proceed with caution when expanding the privatization of public justice. Nevertheless, an outside observer's caution must be balanced with respect for a nation's right to self-determination, even when those choices may clash with generally accepted ADR theory as developed in the United States. This Article suggests that we can all learn much from Rwanda's bold, pragmatic experiment in redefining the essential nature …

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2005 Cardozo International Advocate For Peace Award: Acceptance Speech, Betty Kaari Murungi Jan 2006

2005 Cardozo International Advocate For Peace Award: Acceptance Speech, Betty Kaari Murungi

Cardozo Journal of Conflict Resolution

Thank you very much for this truly inspiring award, which I am honored to accept on my own behalf and on behalf of the many women with whom I have been privileged to work over the years. The award is presented against the backdrop of two historic international events: the passing of Rosa Parks and the announcement of the victory of Ellen Johnson-Sirleaf as the first elected female head of state of an African country.

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Reconceptualising Female Trafficking: The Inhuman Trade In Women, Alison Cole Jan 2006

Reconceptualising Female Trafficking: The Inhuman Trade In Women, Alison Cole

Cardozo Journal of Equal Rights & Social Justice

The article argues that female trafficking must be reconceptualized under international criminal law as a crime against humanity to establish a uniform legal framework for combating this global issue. It critiques existing international approaches for lacking coherence and enforcement, emphasizing the need for a clear definition and standardized measures to address the severity of trafficking. The UN Trafficking Protocol, while authoritative, leaves significant discretion to states, resulting in varied domestic policies that hinder effective international cooperation. By classifying female trafficking as a crime against humanity, the article proposes a more robust legal basis for universal jurisdiction and individual liability, aligning …

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The Impact Of Feminine Leadership On State Courts: A Panel Of Women Chief Justices, Alan Florendo Jan 2006

The Impact Of Feminine Leadership On State Courts: A Panel Of Women Chief Justices, Alan Florendo

Cardozo Journal of Equal Rights & Social Justice

The symposium report examines the impact of women in leadership roles on state courts, focusing on a panel discussion with four prominent female chief justices. It explores how their presence has influenced judicial decision-making and the potential for state courts to become champions of civil rights. While the panelists acknowledge the transformative potential of women on the judiciary, they also highlight challenges such as politicization and the need for greater emphasis on state constitutional law.

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Dukes V. Wal-Mart: Can 1.5 Million Women Save Employment Discrimination Class Actions?, Robert Fisher Jan 2006

Dukes V. Wal-Mart: Can 1.5 Million Women Save Employment Discrimination Class Actions?, Robert Fisher

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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