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Yeshiva University, Cardozo School of Law

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Articles 511 - 540 of 834

Full-Text Articles in Law and Gender

Women Of Color-What Their Voices Teach Us, Jacqueline Mertz Jan 2003

Women Of Color-What Their Voices Teach Us, Jacqueline Mertz

Cardozo Journal of Equal Rights & Social Justice

The article argues that white feminists must learn from the experiences of women of color to build a more inclusive and effective feminist movement. It emphasizes the importance of addressing the multiple oppressions faced by women of color, including racism, sexism, and national oppression, and critiques the historical failure of the white feminist movement to support women of color.

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The Law Is Straight And Narrow, How American Courts Define Families, Elisa Laird Jan 2003

The Law Is Straight And Narrow, How American Courts Define Families, Elisa Laird

Cardozo Journal of Equal Rights & Social Justice

The article argues that American law is inherently biased toward traditional heterosexual family structures, creating significant barriers for same-sex couples and non-traditional families seeking legal recognition and rights. The legal system's "straight and narrow" framework often excludes these families from accessing benefits and protections granted to heterosexual families, reflecting deeply entrenched religious and historical influences.

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Invisible Targets: Juvenile Prostitution, Crackdown Legislation, And The Example Of California, Pantea Javidan Jan 2003

Invisible Targets: Juvenile Prostitution, Crackdown Legislation, And The Example Of California, Pantea Javidan

Cardozo Journal of Equal Rights & Social Justice

The article examines the contradiction in California's legal framework where minors are criminalized for prostitution under California Penal Code section 647(b), despite being legally incapable of consenting to sex. It argues that such laws fail to protect child prostitutes, who are often victims of exploitation, and instead perpetuate their harm by punishing them rather than addressing the root causes of their situation.

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The Silencing Of A Woman's Choice: Mandatory Arrest And No Drop Prosecution Policies In Domestic Violence Cases, Jessica Dayton Jan 2003

The Silencing Of A Woman's Choice: Mandatory Arrest And No Drop Prosecution Policies In Domestic Violence Cases, Jessica Dayton

Cardozo Journal of Equal Rights & Social Justice

The article critiques mandatory arrest and no-drop prosecution policies in domestic violence cases, arguing that these policies undermine the autonomy of women by taking away their right to make decisions about their own safety and legal actions. The author advocates for a more flexible, victim-centered approach that respects each woman's unique circumstances and empowers her to make informed choices.

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The Closet Becomes Darker For The Abused: A Perspective On Lesbian Partner Abuse, Marnie J. Franklin Jan 2003

The Closet Becomes Darker For The Abused: A Perspective On Lesbian Partner Abuse, Marnie J. Franklin

Cardozo Journal of Equal Rights & Social Justice

The article argues that lesbian partner abuse is systematically overlooked in both academic discourse and legal systems, which predominantly rely on heteronormative frameworks that fail to account for same-sex relationships. This exclusion perpetuates the marginalization of abused lesbians, who face unique barriers due to societal homophobia, internalized shame, and the legal system's reliance on heterosexual models of domestic violence.

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La Mujer Argentina Que Soy Yo/The Argentinean Woman That I Am, Maria-Victoria Castro Jan 2003

La Mujer Argentina Que Soy Yo/The Argentinean Woman That I Am, Maria-Victoria Castro

Cardozo Journal of Equal Rights & Social Justice

The article explores the tension Argentinean women face between traditional cultural and religious expectations and their aspirations for modern roles, highlighting the systemic barriers and cultural norms that limit their progress. The author, drawing from personal experience and historical analysis, argues for the need to redefine gender roles and challenge oppressive structures to achieve true equality.

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Images Of Women Lawyers: Over-Representation Of Their Femininity In Media, Victoria Alexeeva Jan 2003

Images Of Women Lawyers: Over-Representation Of Their Femininity In Media, Victoria Alexeeva

Cardozo Journal of Equal Rights & Social Justice

The article critiques the portrayal of women lawyers in the media, particularly through the character Ally McBeal, arguing that her depiction overemphasizes femininity and emotional instability, perpetuating harmful stereotypes that undermine the progress of women in the legal profession.

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Title Vii Limitations-Keeping The Workplace Hostile, Diane Gentry Jan 2003

Title Vii Limitations-Keeping The Workplace Hostile, Diane Gentry

Cardozo Journal of Equal Rights & Social Justice

The article argues that Title VII of the Civil Rights Act, as currently interpreted and applied, fails to effectively address workplace sexism and harassment because its legal framework is rooted in patriarchal assumptions. The statute's focus on sexual harassment often overlooks broader gender-based discrimination, leaving many women without adequate legal recourse. The article contends that the law perpetuates male-dominated work cultures by narrowly defining actionable harassment and requiring proof of unwelcome behavior, which places undue burdens on victims.

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Caution: Men At Work, Ekee Ehrlich Jan 2003

Caution: Men At Work, Ekee Ehrlich

Cardozo Journal of Equal Rights & Social Justice

The article highlights the challenges faced by pregnant women in the workplace, emphasizing the discrimination and gender stereotypes they encounter. Through the author's personal experience, it illustrates how societal expectations and workplace policies often fail to accommodate pregnant employees, leading to potential discrimination and undue stress.

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The Performance Of Femininity/The Perils Of Law, Kerry Rittich Jan 2003

The Performance Of Femininity/The Perils Of Law, Kerry Rittich

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Intimate Violence As Intimate: The Journey And A Path, Linda G. Mills Jan 2003

Intimate Violence As Intimate: The Journey And A Path, Linda G. Mills

Cardozo Journal of Equal Rights & Social Justice

The article critiques the mainstream feminist approach to domestic violence, which frames it as a legal issue to be addressed primarily through the criminal justice system. It argues that this narrow formulation fails to account for the complexities and intimacies of domestic violence, particularly for marginalized groups like lesbians and reluctant victims. The author advocates for moving beyond legal solutions and embracing more nuanced, case-specific approaches that prioritize the unique needs and voices of those affected by intimate violence.

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Bad Subjects: The Practice Of Theory And The Constitution Of Identity In Legal Culture, Angela P. Harris Jan 2003

Bad Subjects: The Practice Of Theory And The Constitution Of Identity In Legal Culture, Angela P. Harris

Cardozo Journal of Equal Rights & Social Justice

The article explores the intersection of legal culture and identity politics, arguing that while the law symbolically includes marginalized groups, it often perpetuates their subjugation. It emphasizes the role of theory and practice in transforming these dynamics, advocating for a more inclusive and democratic society where subaltern voices are truly heard and valued.

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Which Wave Are You? Comments On The Collected Essays From The Seminar "To Do Feminist Legal Theory", Deborah W. Post Jan 2003

Which Wave Are You? Comments On The Collected Essays From The Seminar "To Do Feminist Legal Theory", Deborah W. Post

Cardozo Journal of Equal Rights & Social Justice

The article discusses the challenges and opportunities in teaching feminist legal theory to law students, particularly those who may be entering formal education later in life. It highlights the importance of engaging students through innovative teaching methods and fostering critical thinking skills. The author reflects on their own teaching strategies, including the use of Socratic methods and the integration of feminist sensibilities, while acknowledging the risks and criticisms associated with these approaches. The central argument emphasizes the need for a restorative and redistributive vision of justice in legal education.

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To Do Is To Be, Zanita E. Fenton Jan 2003

To Do Is To Be, Zanita E. Fenton

Cardozo Journal of Equal Rights & Social Justice

The article emphasizes the importance of action and solidarity in feminist legal theory, highlighting how "doing" feminism through theorizing, writing, and activism is essential to advancing the goals of feminism. It praises Professor Maria Grahn-Farley's work and the symposium she inspired, which showcases diverse perspectives and approaches to feminist theory. The article argues that narrative storytelling is a powerful tool for conveying experiences, fostering solidarity, and inspiring change, particularly in addressing violence and oppression.

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Cassiopeia, Anthony Paul Farley Jan 2003

Cassiopeia, Anthony Paul Farley

Cardozo Journal of Equal Rights & Social Justice

The article argues that sexism functions as an orientation, akin to racism, shaping how individuals navigate societal and legal structures. It posits that the legal system is inherently hierarchical, perpetuating a "man-over-woman" dynamic that is deeply ingrained in juridical space. The author advocates for feminist legal theory as a means to reorient oneself within these structures, emphasizing the need to challenge and transform the systemic hierarchies that perpetuate inequality. The essayists in the symposium exemplify this reorientation by navigating toward alternative constellations of thought, symbolized by Cassiopeia, to create more equitable forms of human association.

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Creating A New Tango: Re-Imagining Gender, Phyllis Goldfarb Jan 2003

Creating A New Tango: Re-Imagining Gender, Phyllis Goldfarb

Cardozo Journal of Equal Rights & Social Justice

The article explores how feminist legal theory is applied and developed through case studies and media analysis, emphasizing the interplay between theory and practice. It highlights the need to challenge traditional gender hierarchies and the role of media in shaping gender perceptions, advocating for a reimagined understanding of gender roles.

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Does Nothing Ever Change; Is Everything New? Comments On The "To Do Feminist Legal Theory" Symposium, Keith Aoki Jan 2003

Does Nothing Ever Change; Is Everything New? Comments On The "To Do Feminist Legal Theory" Symposium, Keith Aoki

Cardozo Journal of Equal Rights & Social Justice

The article reflects on the "To Do Feminist Legal Theory" symposium, noting a sense of déjà vu due to the persistence of illegitimate hierarchies in the legal system. Despite this, the symposium offers fresh perspectives, emphasizing the need for multidimensional analyses of oppression and challenging single-axis frameworks. It highlights the importance of continuous critique and action within legal academia and practice to address intersecting forms of subordination.

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The Fault Lines Of Domestic Violence Enforcement, Josephine Ross Jan 2003

The Fault Lines Of Domestic Violence Enforcement, Josephine Ross

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Masthead - Cardozo Women's Law Journal, Vol. 10 (2003-04) Jan 2003

Masthead - Cardozo Women's Law Journal, Vol. 10 (2003-04)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Table Of Contents - Cardozo Women's Law Journal, Vol. 10, Iss. 1 Jan 2003

Table Of Contents - Cardozo Women's Law Journal, Vol. 10, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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"What Is" And "What Should Be" An Empirical Study Of Gender Issues At Gonzaga University School Of Law, Cara L. Nord Jan 2003

"What Is" And "What Should Be" An Empirical Study Of Gender Issues At Gonzaga University School Of Law, Cara L. Nord

Cardozo Journal of Equal Rights & Social Justice

The article examines the gender disparities and challenges faced by female students and faculty at Gonzaga University School of Law, highlighting the need for systemic changes to align the institution’s practices with its mission and legal obligations under Title IX. While the school has made progress in increasing female enrollment, significant gaps persist in faculty representation, classroom participation, and the overall gender-inclusive environment. The study calls for concrete measures to address these issues, including hiring more female faculty, fostering equitable classroom dynamics, and implementing annual gender studies to monitor progress.

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From Genes, Marriage And Money To Nurture: Redefining Fatherhood, Nancy E. Dowd Jan 2003

From Genes, Marriage And Money To Nurture: Redefining Fatherhood, Nancy E. Dowd

Cardozo Journal of Equal Rights & Social Justice

The essay argues that fatherhood should be redefined based on nurturing actions rather than genetic or marital status. It critiques the increasing reliance on genetic ties for legal definitions and advocates for a shift towards recognizing fatherhood through active caregiving and emotional support, emphasizing the importance of nurturing over economic roles.

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How The Overturn Of The Child Pornography Prevention Act Under Ashcroft V. Free Speech Coalition Contributes To The Protection Of Children, Emily D. Goldberg Jan 2003

How The Overturn Of The Child Pornography Prevention Act Under Ashcroft V. Free Speech Coalition Contributes To The Protection Of Children, Emily D. Goldberg

Cardozo Journal of Equal Rights & Social Justice

The note examines the Supreme Court's decision in Ashcroft v. Free Speech Coalition, which struck down portions of the Child Pornography Prevention Act (CPPA) as unconstitutional under the First Amendment. The Court ruled that the CPPA's ban on virtual child pornography was overbroad, as it prohibited lawful speech that could have artistic, literary, or scientific value. The decision highlights the tension between protecting children from exploitation and safeguarding free speech, ultimately emphasizing the importance of allowing narratives that confront and address difficult issues like child sexual abuse.

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Proposing An Amendment To Article 81 To Allow Invalidation Of Wills As Part Of, Or Subsequent To, A Proceeding For Appointment Of A Guardian, Jody Saltzman Jan 2003

Proposing An Amendment To Article 81 To Allow Invalidation Of Wills As Part Of, Or Subsequent To, A Proceeding For Appointment Of A Guardian, Jody Saltzman

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal challenges surrounding the revocation of Wills and Powers of Attorney, particularly in cases involving individuals with dementia. It argues that current legal frameworks, such as New York's postmortem probate system, often fail to address issues of testamentary capacity and undue influence effectively. The analysis highlights the significance of the In re Ruby Slater case, which demonstrates the potential benefits of allowing Will revocations under Article 81 guardianship proceedings. The note advocates for legal reforms to improve the handling of such cases, ensuring greater certainty for testators and protecting vulnerable individuals from exploitation.

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Annotated Legal Bibliography On Gender Jan 2003

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Breastfeeding Or Bust: The Need For Legislation To Protect A Mother's Right To Express Breast Milk At Work, Elissa Aaronson Goodman Jan 2003

Breastfeeding Or Bust: The Need For Legislation To Protect A Mother's Right To Express Breast Milk At Work, Elissa Aaronson Goodman

Cardozo Journal of Equal Rights & Social Justice

The note argues that current federal legislation, including Title VII, the ADA, and the FMLA, fails to adequately protect women's rights to express breast milk in the workplace. It advocates for a federal statute specifically addressing this issue, as existing laws are insufficient due to narrow interpretations and lack of explicit protections. The note emphasizes the importance of breastfeeding for infant health and maternal well-being, while also highlighting the benefits for employers, such as reduced absenteeism and healthcare costs. Without federal legislation, women face significant barriers to expressing breast milk at work, perpetuating disparities in breastfeeding rates.

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Democracy Realized One Classroom At A Time, Peter Goodrich Jan 2003

Democracy Realized One Classroom At A Time, Peter Goodrich

Cardozo Journal of Equal Rights & Social Justice

The article critiques the traditional hierarchy and exclusivity of legal academic publishing, particularly in law reviews, by exploring the radical potential of publishing student seminar contributions. It argues that such collective expression challenges the conventional norms of legal scholarship, democratizes the classroom, and reimagines the relationship between teachers and students. The symposium discussed in the article exemplifies this shift, showcasing diverse voices and experiences that disrupt the homogeneous style and substance of traditional legal publishing.

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The Andrea Yates Trial: What Is Wrong With This Picture?, Marie Galanti Jan 2003

The Andrea Yates Trial: What Is Wrong With This Picture?, Marie Galanti

Cardozo Journal of Equal Rights & Social Justice

The article critically examines the Andrea Yates trial, arguing that it highlights significant flaws in the legal system, media coverage, and societal attitudes toward mental illness and gender roles. The trial underscores the ambiguity in legal definitions of insanity, the unequal treatment of mothers who commit infanticide, and the problematic intersection of law and media, which can undermine justice and perpetuate harmful stereotypes. The case serves as a cautionary tale about the failure of the legal system to address mental health adequately and the media's role in sensationalizing tragedy for public consumption.

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The New Labor Market For Lawyers: Will Female Lawyers Still Earn Less?, Joni Hersch Jan 2003

The New Labor Market For Lawyers: Will Female Lawyers Still Earn Less?, Joni Hersch

Cardozo Journal of Equal Rights & Social Justice

The article examines the persistent gender pay gap in the legal profession, despite women's increased representation, and identifies key factors contributing to this disparity. It highlights how structural and societal factors, such as work hours, family responsibilities, and discrimination, play significant roles. The analysis suggests that while younger cohorts show signs of narrowing the gap, systemic barriers and biases continue to affect women's earnings and career advancement. The study underscores the need for policies addressing these inequities to ensure equal opportunities and pay.

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Reply To Martha Nussbaum And Ian Hacking, Edward D. Stein May 2002

Reply To Martha Nussbaum And Ian Hacking, Edward D. Stein

Articles

The essays by Martha Nussbaum and Ian Hacking both raise important issues about the some of the central themes of The Mismeasure of Desire and it is a pleasure and an honor to have such careful, significant and interdisciplinary thinkers engage my ideas. In this brief reply, I address some of their challenges.

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