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 541 - 570 of 834

Full-Text Articles in Law and Gender

Using Excited Utterances To Prosecute Domestic Violence In New York: The Door Opens Wide, Or Just A Crack?, Brooks Holland Jan 2002

Using Excited Utterances To Prosecute Domestic Violence In New York: The Door Opens Wide, Or Just A Crack?, Brooks Holland

Cardozo Journal of Equal Rights & Social Justice

The article discusses the use of excited utterances as a hearsay exception in domestic violence prosecutions, particularly in the case of *People v. Lopez*. It highlights how this precedent allows prosecutors to use such statements without the complainant's testimony, which is crucial in cases where victims often refuse to cooperate. The author cautions against over-reliance on this exception, emphasizing the need to balance the prosecution's interests with the defendant's right to confront their accuser under the Confrontation Clause.

Go to article

Most Influential Woman In The Law Award, Cardozo Women's Law Journal Jan 2002

Most Influential Woman In The Law Award, Cardozo Women's Law Journal

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Go to article

Table Of Contents - Cardozo Women's Law Journal, Vol. 8, Iss. 2 Jan 2002

Table Of Contents - Cardozo Women's Law Journal, Vol. 8, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Go to article

Immigration Sponsorship Rights For Gay And Lesbian Couples: Defining Partnerships, Desiree Alonso Jan 2002

Immigration Sponsorship Rights For Gay And Lesbian Couples: Defining Partnerships, Desiree Alonso

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the passage of the Permanent Partners Immigration Act (PPIA) to address the inequality faced by same-sex couples in U.S. immigration law. It argues that the PPIA would provide a parallel system allowing same-sex partners to sponsor each other for immigration without challenging the traditional definition of marriage under the Defense of Marriage Act (DOMA). The note emphasizes the importance of recognizing same-sex partnerships to uphold the principle of family reunification and equality.

Go to article

A Question Of Revenge: Munchausen Syndrome By Proxy And A Proposed Diminished Capacity Defense For Homicidal Mothers, E. Selene Steelman Jan 2002

A Question Of Revenge: Munchausen Syndrome By Proxy And A Proposed Diminished Capacity Defense For Homicidal Mothers, E. Selene Steelman

Cardozo Journal of Equal Rights & Social Justice

The note argues that Munchausen Syndrome by Proxy (MSBP) should be legally recognized as a severe mental disorder, allowing defendants to use a diminished capacity defense in cases of accidental filicide. The author critiques the legal system's inconsistent treatment of MSBP, which often focuses on the physical harm to the child while neglecting the mother's mental state. By acknowledging MSBP as a psychiatric disorder, the law could achieve more nuanced outcomes that consider both the act and the defendant's mental condition, reducing stigma and promoting fairness in criminal liability assessments.

Go to article

Women's Annotated Legal Bibliography Jan 2002

Women's Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Go to article

Masthead - Cardozo Women's Law Journal, Vol. 9 (2002-03) Jan 2002

Masthead - Cardozo Women's Law Journal, Vol. 9 (2002-03)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Go to article

Ruth Bader Ginsburg And Gender Equality: A Reassessment Of Her Contribution, Melanie K. Morris Jan 2002

Ruth Bader Ginsburg And Gender Equality: A Reassessment Of Her Contribution, Melanie K. Morris

Cardozo Journal of Equal Rights & Social Justice

The article examines Ruth Bader Ginsburg's contributions to gender equality through her work as a scholar, advocate, and jurist, highlighting her strategic use of incrementalism and judicial restraint. Ginsburg advocated for strict scrutiny of sex-based classifications but settled for intermediate scrutiny, emphasizing the importance of strong remedies to advance gender equality.

Go to article

How Should Legislation Deal With Children As The Victims And Perpetrators Of Cyberstalking?, Kimberly Wingteung Seto Jan 2002

How Should Legislation Deal With Children As The Victims And Perpetrators Of Cyberstalking?, Kimberly Wingteung Seto

Cardozo Journal of Equal Rights & Social Justice

The note argues that current federal and state laws are inadequate to address the growing issue of cyberstalking, particularly due to outdated legal standards and the unique challenges posed by online anonymity. It emphasizes the vulnerability of children to cyberstalking and advocates for legal reforms, increased penalties, and improved education for parents and law enforcement to effectively combat this issue.

Go to article

Preventing Inequities In Divorce And Education: The Equitable Distribution Of A Career Absent An Advanced Degree Or License, Sebastian Weiss Jan 2002

Preventing Inequities In Divorce And Education: The Equitable Distribution Of A Career Absent An Advanced Degree Or License, Sebastian Weiss

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the extension of New York's equitable distribution laws to include careers without advanced degrees or licenses as marital assets. It argues that courts should consider the enhanced earning capacity of a spouse, even when not tied to a degree or license, to prevent inequities in divorce, consistent with the principles established in cases like O'Brien v. O'Brien.

Go to article

Address, Cardozo Women's Law Journal Most Influential Woman In The Law Award, Mary Jo White Jan 2002

Address, Cardozo Women's Law Journal Most Influential Woman In The Law Award, Mary Jo White

Cardozo Journal of Equal Rights & Social Justice

The article reflects on the progress and challenges faced by women in the legal profession, emphasizing the importance of equal opportunity and the need to redefine success beyond traditional metrics. While significant strides have been made since the late 19th century, when women first gained access to the legal profession, disparities persist in representation and recognition at the highest levels. The author, drawing on her experiences as the first woman to serve as U.S. Attorney for the Southern District of New York, argues that women must continue to advocate for greater representation and challenge societal norms while preserving their unique …

Go to article

Women's Annotated Legal Bibliography Jan 2002

Women's Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Go to article

Not As Simple As Learning The Abc's: A Comment On Owasso Independent School District No. I-Ol1 V. Falvo And The State Of The Family Educational Rights And Privacy Act, Randi M. Rothberg Jan 2002

Not As Simple As Learning The Abc's: A Comment On Owasso Independent School District No. I-Ol1 V. Falvo And The State Of The Family Educational Rights And Privacy Act, Randi M. Rothberg

Cardozo Journal of Equal Rights & Social Justice

The article examines the Supreme Court's rulings in Falvo and Owasso, which determined that peer grading practices do not violate FERPA as the records involved are not classified as education records. This highlights significant implications for student privacy rights and underscores the need for clarifying FERPA's definitions to prevent future legal disputes.

Go to article

Victimizing The Victim: Evicting Domestic Violence Victims From Public Housing Based On The Zero-Tolerance Policy, Tara M. Vrettos Jan 2002

Victimizing The Victim: Evicting Domestic Violence Victims From Public Housing Based On The Zero-Tolerance Policy, Tara M. Vrettos

Cardozo Journal of Equal Rights & Social Justice

The note argues that zero-tolerance eviction policies in public housing, authorized under federal law, unjustly penalize domestic violence victims by evicting them for crimes committed by others, including their abusers. These policies, upheld by the Supreme Court in Rucker, disproportionately harm low-income women, pushing them into homelessness and perpetuating cycles of abuse. The note advocates for a nuanced, case-specific approach to balance public safety and tenant rights, drawing parallels to child custody cases where victims are similarly blamed. It calls for federal reform to protect domestic violence survivors and end their victimization by the legal system.

Go to article

The Dangers Of Mediation In Domestic Violence Cases, Sarah Krieger Jan 2002

The Dangers Of Mediation In Domestic Violence Cases, Sarah Krieger

Cardozo Journal of Equal Rights & Social Justice

The note argues that mandatory mediation in family law cases involving domestic violence undermines the progress made by the battered women's movement by re-privatizing domestic violence issues. Mediation, while intended to resolve disputes amicably, fails to address the inherent power imbalance in abusive relationships and risks further victimizing survivors. The privatization of these disputes through mediation diminishes accountability for abusers and erodes legal protections for victims.

Go to article

Table Of Contents - Cardozo Women's Law Journal, Vol. 9, Iss. 1 Jan 2002

Table Of Contents - Cardozo Women's Law Journal, Vol. 9, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Go to article

Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein Dec 2001

Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein

Articles

The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better …

Go to article

Women's Annotated Legal Bibliography Jan 2001

Women's Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Go to article

The Law Of White Spaces: Race, Culture, And Legal Education, Peter Goodrich, Linda G. Mills Jan 2001

The Law Of White Spaces: Race, Culture, And Legal Education, Peter Goodrich, Linda G. Mills

Articles

The scene, drawn from memory, is a first-year law school classroom. It is the early 1980s and the class is on civil procedure. The teacher is a white woman. She is nervous, and the class is dominated by students who provide standard right answers to formulaic law school questions. Other points of view, particularly those of a critical or feminist nature, are either passed over quickly or ignored. Questions of color are never mentioned. More than that, the teacher never calls on any African-American students. Students of color are either ignored completely or told, when they have questions, “We are …

Go to article

Table Of Contents - Cardozo Women's Law Journal, Vol. 7, Iss. 2 Jan 2001

Table Of Contents - Cardozo Women's Law Journal, Vol. 7, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Go to article

The Braided Uproar: A Defense Of My Sister's Hair And A Contemporary Indictment Of Rogers V. American Airlines, Michelle L. Turner Jan 2001

The Braided Uproar: A Defense Of My Sister's Hair And A Contemporary Indictment Of Rogers V. American Airlines, Michelle L. Turner

Cardozo Journal of Equal Rights & Social Justice

The article examines the discriminatory impact of employer-mandated grooming policies, particularly those prohibiting braided hairstyles, on Black women, using the case of Renee Rogers v. American Airlines as a focal point. It critiques the court's dismissal of Rogers' claims, arguing that such policies reflect systemic racism and sexism embedded in White beauty norms. The author advocates for legal reforms, including amending Title VII to recognize intersecting race and gender discrimination, and adopting a pluralist approach to cultural expression in the workplace.

Go to article

One For My Baby, One More For The Road: Legislation And Counseling To Prevent Prenatal Exposure To Alcohol, James Drago Jan 2001

One For My Baby, One More For The Road: Legislation And Counseling To Prevent Prenatal Exposure To Alcohol, James Drago

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal and ethical implications of balancing fetal rights with maternal autonomy, particularly in cases where pregnant women consume alcohol, potentially harming the fetus. It argues that while fetal rights have gained recognition in tort law, criminalizing maternal conduct raises constitutional concerns, including privacy and equal protection. The analysis advocates for a balanced approach, combining moderate criminal sanctions with education and support programs to protect fetal health while respecting women's rights.

Go to article

Expedited Hiv Testing: An Unnecessary Test That Is Allowing The State To Trample On A Woman's Constitutional Rights, Sheree Gootzeit Jan 2001

Expedited Hiv Testing: An Unnecessary Test That Is Allowing The State To Trample On A Woman's Constitutional Rights, Sheree Gootzeit

Cardozo Journal of Equal Rights & Social Justice

The note argues that New York's expedited HIV testing for pregnant women is unconstitutional, ineffective, and invasive, violating Fourth Amendment rights and offering no significant benefits over existing laws. It asserts that the testing infringes on privacy, bodily integrity, and informed consent, while alternative methods like urine testing could achieve the same goals without such violations. The analysis emphasizes the need to protect women's rights during vulnerable periods while maintaining public health standards.

Go to article

Masthead, Cardozo Women's Law Journal, Vol. 8 (2001-02) Jan 2001

Masthead, Cardozo Women's Law Journal, Vol. 8 (2001-02)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Go to article

Table Of Contents - Cardozo Women's Law Journal, Vol. 8, Iss. 1 Jan 2001

Table Of Contents - Cardozo Women's Law Journal, Vol. 8, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Go to article

Betraying Women In The Name Of Revolution: Violence Against Women As An Obstacle To Democratic Nation-Building In South Africa, Suzanne A. Kim Jan 2001

Betraying Women In The Name Of Revolution: Violence Against Women As An Obstacle To Democratic Nation-Building In South Africa, Suzanne A. Kim

Cardozo Journal of Equal Rights & Social Justice

The article examines the contradiction between the formal legal advancements in gender equality and the persistent epidemic of violence against women in post-apartheid South Africa. Despite the African National Congress' (ANC) commitment to gender equality and the inclusion of women in political processes, the reality of widespread violence against women undermines the nation's democratic ideals and highlights the failure to address gender concerns within the broader nationalist agenda.

Go to article

Taming The Pernicious Creature That Is § 523(A) (15) Of The United States Bankruptcy Code, Jeffrey Margolin Jan 2001

Taming The Pernicious Creature That Is § 523(A) (15) Of The United States Bankruptcy Code, Jeffrey Margolin

Cardozo Journal of Equal Rights & Social Justice

The note examines the complexities of Section 523a(15) of the U.S. Bankruptcy Code, focusing on the dischargeability of debts related to divorce, particularly property settlements. It critiques the legal handling of such debts, emphasizing the need for a more equitable approach. The analysis highlights historical context, judicial interpretations, and the impact of burden of proof placement on ex-spouses, especially women, advocating for a consistent and fair application of the law to balance the interests of debtors and creditors.

Go to article

Fetal Neglect And State Intervention: Preventing Another Attleboro Cult Baby Death, Marilyn L. Miller Jan 2001

Fetal Neglect And State Intervention: Preventing Another Attleboro Cult Baby Death, Marilyn L. Miller

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal and ethical implications of the Rebecca Corneau case, where the state intervened in her pregnancy due to concerns about the viability of her fetus and her refusal of medical care based on religious beliefs. The court balanced Corneau's constitutional rights against the state's interest in protecting the fetus, ultimately prioritizing the latter. This decision highlights the tension between individual autonomy, religious freedom, and fetal rights, raising significant questions about the limits of state intervention in pregnancy.

Go to article

Drug Tests, Arrests & Fetuses: A Comment On The U.S. Supreme Court's Narrow Opinion In Ferguson V. City Of Charleston, Brigitte M. Nahas Jan 2001

Drug Tests, Arrests & Fetuses: A Comment On The U.S. Supreme Court's Narrow Opinion In Ferguson V. City Of Charleston, Brigitte M. Nahas

Cardozo Journal of Equal Rights & Social Justice

The article examines the Supreme Court's decision in Ferguson v. City of Charleston, where the Court ruled that a hospital's drug-testing policy for pregnant patients violated the Fourth Amendment. The analysis critiques the Court's narrow opinion for failing to provide clear guidance on future drug-testing policies, while emphasizing the unconstitutionality of using such policies primarily for law enforcement purposes. The author argues that the decision leaves unresolved questions about the balance between government interests and women's privacy and reproductive rights, particularly in the context of prenatal care and drug use.

Go to article

Has The Computer Revolution Placed Our Children In Danger? A Closer Look At The Child Pornography Prevention Act Of 1996, Alison R. Gladowsky Jan 2001

Has The Computer Revolution Placed Our Children In Danger? A Closer Look At The Child Pornography Prevention Act Of 1996, Alison R. Gladowsky

Cardozo Journal of Equal Rights & Social Justice

The note examines the constitutionality of the Child Pornography Prevention Act of 1996 (CPPA), focusing on its expansion of child pornography definitions to include virtual images. It argues that the CPPA is a necessary measure to protect children from exploitation, despite First Amendment challenges, and advocates for its constitutionality based on compelling government interests.

Go to article

First Prev Next Last