Open Access. Powered by Scholars. Published by Universities.®

Law and Gender Commons™

Open Access. Powered by Scholars. Published by Universities.®

Yeshiva University, Cardozo School of Law

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 421 - 450 of 834

Full-Text Articles in Law and Gender

Something Old, Something New, Something Borrowed, Something Blue And A Silver Sixpence For Her Shoe: Dukes V. Wal-Mart & Sex Discrimination Class Actions, Winnie Chau Jan 2006

Something Old, Something New, Something Borrowed, Something Blue And A Silver Sixpence For Her Shoe: Dukes V. Wal-Mart & Sex Discrimination Class Actions, Winnie Chau

Cardozo Journal of Equal Rights & Social Justice

The note examines the effectiveness of large-scale sex discrimination class actions, particularly through the lens of Dukes v. WalMart, in driving systemic change in corporate workplace practices. While these actions often succeed in compensating victims, they frequently fail to address the root causes of discrimination, leaving broader systemic issues unresolved. The analysis highlights the tension between procedural requirements and the need for meaningful reform, suggesting that such lawsuits can prompt some positive changes but often fall short of achieving lasting impact.

Go to article

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 13, Iss. 1 Jan 2006

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 13, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Go to article

Till Death Do Us Part: Marriage, Hiv/Aids And The Law In Zimbabwe, Slyvia Chirawu Jan 2006

Till Death Do Us Part: Marriage, Hiv/Aids And The Law In Zimbabwe, Slyvia Chirawu

Cardozo Journal of Equal Rights & Social Justice

The article argues that marriage, cultural practices, and legal frameworks in Zimbabwe disproportionately expose women to HIV/AIDS, with marriage paradoxically increasing their vulnerability despite societal expectations of protection. It contends that legal reforms alone are insufficient to address this issue, emphasizing the need for transformative gender equity to challenge the deeply rooted power imbalances and cultural norms that perpetuate women's susceptibility to HIV infection.

Go to article

Annotated Legal Bibliography On Gender Jan 2006

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Go to article

Trials & Errors: The Rights Of The Korean Comfort Women And The Wrongful Dismissal Of The Joo Case By The District Of Columbia Federal Courts, L. David Nefouse Jan 2006

Trials & Errors: The Rights Of The Korean Comfort Women And The Wrongful Dismissal Of The Joo Case By The District Of Columbia Federal Courts, L. David Nefouse

Cardozo Journal of Equal Rights & Social Justice

The article argues that the U.S. courts erred in dismissing the Joo case, which sought justice for Korean Comfort Women against Japan. It contends that the dismissals were based on flawed legal analyses, particularly regarding sovereign immunity under the Foreign Sovereign Immunities Act (FSIA) and the political question doctrine. The author advocates for the women's right to a judicial hearing under U.S. and international law, emphasizing the need for accountability for war crimes and crimes against humanity.

Go to article

A "Judeo-Christian" Argument For Privatizing Marriage, Daniel A. Crane Jan 2006

A "Judeo-Christian" Argument For Privatizing Marriage, Daniel A. Crane

Cardozo Law Review

No abstract provided.

Go to article

Davidson As Derridean: Analytic Philosophy As Deconstruction, Samuel Wheeler Nov 2005

Davidson As Derridean: Analytic Philosophy As Deconstruction, Samuel Wheeler

Cardozo Law Review

No abstract provided.

Go to article

Tragedy Of The Scaffold, Tragedy Of The Trial: Tragedy, Representation Of The Public, Innermost Conviction, And Personal Judgments, Christian Biet May 2005

Tragedy Of The Scaffold, Tragedy Of The Trial: Tragedy, Representation Of The Public, Innermost Conviction, And Personal Judgments, Christian Biet

Cardozo Law Review

No abstract provided.

Go to article

Statues, Statutes, And Queens On Trial, Susan Sage Heinzelman May 2005

Statues, Statutes, And Queens On Trial, Susan Sage Heinzelman

Cardozo Law Review

No abstract provided.

Go to article

The Orphan Of China: Law And Literature In Contemporary China, Zhang Wanhong May 2005

The Orphan Of China: Law And Literature In Contemporary China, Zhang Wanhong

Cardozo Law Review

No abstract provided.

Go to article

Literature As An Institution, Bernhard Schlink May 2005

Literature As An Institution, Bernhard Schlink

Cardozo Law Review

No abstract provided.

Go to article

Long-Term Solutions For Children In The Child Welfare System: Families For Teens, Alexandra Lowe Apr 2005

Long-Term Solutions For Children In The Child Welfare System: Families For Teens, Alexandra Lowe

Cardozo Public Law, Policy & Ethics Journal

The article advocates for the Families for Teens Initiative, which focuses on engaging teenagers in the foster care system to identify and connect with family resources that are often overlooked. The initiative aims to prevent poor outcomes such as homelessness and incarceration by emphasizing the importance of maintaining family connections and providing normal developmental opportunities for teens.

Go to article

Toward A New Theory Of Notice And Deterrence, Dru Stevenson Mar 2005

Toward A New Theory Of Notice And Deterrence, Dru Stevenson

Cardozo Law Review

No abstract provided.

Go to article

Ethics In Medicine: With A Special Focus On The Concepts Of Sex And Gender In Intersex Management, Natascha Gruber Jan 2005

Ethics In Medicine: With A Special Focus On The Concepts Of Sex And Gender In Intersex Management, Natascha Gruber

Cardozo Journal of Equal Rights & Social Justice

The article critiques the binary sex/gender system and its application in intersex medical management, arguing that it leads to harmful practices. It proposes a more flexible model to respect individual autonomy and reduce medical intervention, promoting ethical treatment that prioritizes patient consent and well-being.

Go to article

Lawrence Summers At The Nber Conference: The Real Deal, Taunya Lovell Banks Jan 2005

Lawrence Summers At The Nber Conference: The Real Deal, Taunya Lovell Banks

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Go to article

Toward True Shalom Bayit: Acknowledging Domestic Abuse In The Jewish Community, Lydia M. Belzer Jan 2005

Toward True Shalom Bayit: Acknowledging Domestic Abuse In The Jewish Community, Lydia M. Belzer

Cardozo Journal of Equal Rights & Social Justice

The article examines the intersection of domestic abuse and Jewish law, focusing on how religious teachings, such as the concept of shalom bayit (peace in the home), are often misused to justify remaining in abusive relationships. It highlights the barriers women face in obtaining a religious divorce (get) and the stigma associated with domestic abuse (shonda), which discourages victims from seeking help. The analysis critiques the misuse of religious laws and advocates for reinterpretation to prioritize victims' safety and well-being. The article emphasizes the need for education, awareness, and improved support systems within the Jewish community to address these issues …

Go to article

Women In Science: Biological Factors Should Not Be Ignored, Kingsley R. Browne Jan 2005

Women In Science: Biological Factors Should Not Be Ignored, Kingsley R. Browne

Cardozo Journal of Equal Rights & Social Justice

The article argues that biological and psychological differences between sexes contribute to the underrepresentation of women in certain fields, challenging the assumption that equal representation is always the appropriate goal. It critiques the notion that disparities necessarily indicate systemic flaws, emphasizing that freedom of choice should allow for different occupational outcomes without implying discrimination.

Go to article

The Lengthening Shadow Of Androcentrism, Bryan K. Fair Jan 2005

The Lengthening Shadow Of Androcentrism, Bryan K. Fair

Cardozo Journal of Equal Rights & Social Justice

The article critiques Harvard President Lawrence H. Summers' hypotheses on the underrepresentation of women in high-end science and engineering jobs, arguing that his views are based on stereotypes and overlook historical and systemic factors. The author contests Summers' points, emphasizing that gender disparities stem from deeply entrenched male privilege and legal structures rather than women's choices or aptitude. The analysis highlights the role of historical discrimination and legal cases in perpetuating gender caste.

Go to article

The Causation Equation: Summers On Science, Owen D. Jones Jan 2005

The Causation Equation: Summers On Science, Owen D. Jones

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Go to article

Annotated Legal Bibliography On Gender Jan 2005

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Go to article

The Political Science Of Hormone Folklore, Rebecca M. Young Jan 2005

The Political Science Of Hormone Folklore, Rebecca M. Young

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Go to article

Chess Club Is Not Cool: An Essay On The Choices Women Make That Preclude Them From Higher Professional Levels, Lisa A. Torraco Jan 2005

Chess Club Is Not Cool: An Essay On The Choices Women Make That Preclude Them From Higher Professional Levels, Lisa A. Torraco

Cardozo Journal of Equal Rights & Social Justice

The article argues that individual choice plays a significant role in the disparity between men and women achieving the highest professional levels. It contends that many women consciously prioritize family, personal fulfillment, and work-life balance over traditional measures of professional success, which often limits their advancement in male-dominated fields. The author emphasizes that while systemic factors like discrimination and cultural influences are real, the role of personal choice in shaping women's career trajectories should not be overlooked. Women are redefining success in ways that align with their values, often sacrificing high-pressure careers for more flexible or fulfilling roles.

Go to article

Not Playing Around: The Chilling Power Of The Federal Trademark Dilution Act Of 1995, Julie Zando-Dennis Jan 2005

Not Playing Around: The Chilling Power Of The Federal Trademark Dilution Act Of 1995, Julie Zando-Dennis

Cardozo Journal of Equal Rights & Social Justice

The Federal Trademark Dilution Act of 1995 (FTDA) has become a powerful tool for corporations to suppress criticism and parody, undermining free speech by allowing broad claims of trademark dilution without requiring proof of consumer confusion. The note argues that the FTDA’s provisions against dilution, including blurring and tarnishment, disproportionately favor corporate interests over First Amendment rights, particularly in cases involving parody and satire. Courts have inconsistently applied the law, with some circuits offering protections for parody while others prioritize trademark protection, creating uncertainty and chilling artistic and activist expression. The note advocates for reform to balance trademark rights with …

Go to article

Check Only One: M/F/Other, Julie Shapiro Jan 2005

Check Only One: M/F/Other, Julie Shapiro

Cardozo Journal of Equal Rights & Social Justice

The article critiques the assumption that individuals can be neatly categorized into male and female, arguing that this binary framework is increasingly problematic. It highlights how this assumption underpins debates about gender differences in innate abilities, such as those raised by Lawrence Summers, and contends that without clear, universally accepted definitions of "male" and "female," such generalizations lack coherence. The analysis emphasizes the legal and social complexities of gender categorization, particularly in light of evolving understandings of intersex and transgender identities.

Go to article

Myths And Realities In The Sameness/Difference Debate, Rosemary C. Salomone Jan 2005

Myths And Realities In The Sameness/Difference Debate, Rosemary C. Salomone

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Go to article

Reflections On The Perpetual Myth Of The University As Seeker Of Truth, Michael I. Krauss Jan 2005

Reflections On The Perpetual Myth Of The University As Seeker Of Truth, Michael I. Krauss

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Go to article

Masthead, Cardozo Journal Of Law & Gender, Vol. 12 (2005–06) Jan 2005

Masthead, Cardozo Journal Of Law & Gender, Vol. 12 (2005–06)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Go to article

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 12, Iss. 1 Jan 2005

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 12, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Go to article

Hacking The Gender Binary Myth: Recognizing Fundamental Rights For The Intersexed, Sara R. Benson Jan 2005

Hacking The Gender Binary Myth: Recognizing Fundamental Rights For The Intersexed, Sara R. Benson

Cardozo Journal of Equal Rights & Social Justice

The article argues that current medical practices allowing parents and doctors to assign a physical sex to intersex children through surgery violate the child's fundamental rights to bodily integrity, personality, gender identity, and sexuality. These rights, while not yet fully defined in jurisprudence, provide a framework for protecting individuals from unwarranted governmental and medical intrusion. The article advocates for delaying such decisions until the child can consent, drawing on the Colombian Constitutional Court's recognition of a child's right to develop their gender identity. It also highlights the broader implications for transgender rights and challenges societal gender binaries.

Go to article

Outside The Law: Intersex, Medicine And The Discourse Of Rights, Jo Bird Jan 2005

Outside The Law: Intersex, Medicine And The Discourse Of Rights, Jo Bird

Cardozo Journal of Equal Rights & Social Justice

The article argues that the legal system perpetuates the erasure of intersex individuals by constructing intersex as a medical rather than a legal issue, leading to human rights violations. It contends that the law requires individuals to fit into a binary sex classification to be recognized as fully human, thereby denying intersex people legal visibility and protection. The article advocates for the recognition of intersex as a legal category to address the systemic discrimination and violence intersex individuals face, particularly in medical practices.

Go to article

First Prev Next Last