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Yeshiva University, Cardozo School of Law

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Articles 571 - 600 of 834

Full-Text Articles in Law and Gender

In-Prison Day Care: A Correctional Alternative For Women Offenders, Jessica Y. Kim Jan 2001

In-Prison Day Care: A Correctional Alternative For Women Offenders, Jessica Y. Kim

Cardozo Journal of Equal Rights & Social Justice

The note argues that traditional incarceration of mothers can have detrimental effects on both the women and their children, advocating for alternative correctional methods such as in-prison day care programs. These alternatives aim to maintain the mother-child bond, reduce recidivism, and mitigate the negative societal impacts of separating mothers from their children.

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The Intervention Of American Law In Jewish Divorce: A Pluralist Analysis, Suzanne Last Stone Jul 2000

The Intervention Of American Law In Jewish Divorce: A Pluralist Analysis, Suzanne Last Stone

Articles

The article examines the tension between gender equality and religious freedom through the lens of the *agunah* problem in Jewish law, where women are unable to remarry due to their husbands' refusal to grant a Jewish divorce (*get*). It critiques civil remedies aimed at addressing this issue, such as the Get Law, and evaluates their constitutional implications under the religion clauses. The analysis uses pluralist theories to assess how the liberal state should respond to conflicts between universal rights and group-specific legal practices, arguing that current approaches often undermine cultural diversity and individual rights within religious groups.

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The Enlightenment Case For Vouchers, John O. Mcginnis Jan 2000

The Enlightenment Case For Vouchers, John O. Mcginnis

Articles

No abstract provided.

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Masthead - Cardozo Women's Law Journal, Vol. 7 (2000-01) Jan 2000

Masthead - Cardozo Women's Law Journal, Vol. 7 (2000-01)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Criminal And Civil Parental Liability Statutes: Would They Have Saved The 15 Who Died At Columbine?, Eric P. Ebenstein Jan 2000

Criminal And Civil Parental Liability Statutes: Would They Have Saved The 15 Who Died At Columbine?, Eric P. Ebenstein

Cardozo Journal of Equal Rights & Social Justice

The note argues that current parental liability statutes in the United States are insufficient to hold parents accountable for their children's violent acts, such as the Columbine High School massacre. It advocates for strengthening these laws, particularly by adopting a negligence standard, to incentivize parents to monitor their children's activities more effectively and prevent such tragedies.

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Parental Liability And The Criminal Misconduct Of Children In The Wake Of An Unregulated Internet: Who Should Pay?, Katherine R. Richardson Jan 2000

Parental Liability And The Criminal Misconduct Of Children In The Wake Of An Unregulated Internet: Who Should Pay?, Katherine R. Richardson

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal and practical challenges of holding parents accountable for their children's criminal acts, particularly when influenced by internet content. It questions the effectiveness of parental liability laws and highlights the tension between child protection, parental rights, and internet regulation. While acknowledging the complexity of these issues, the note suggests that parental liability should only apply when a clear causal link exists between negligence and harm, though proving such a link is legally challenging. Ultimately, the analysis advocates for a nuanced approach to balancing these competing interests.

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Table Of Contents - Cardozo Women's Law Journal, Vol. 7, Iss. 1 Jan 2000

Table Of Contents - Cardozo Women's Law Journal, Vol. 7, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Liberal Discovery Of Non-Party Records: In Defense Of The Defense, Melissa E. Rosenthal Jan 2000

Liberal Discovery Of Non-Party Records: In Defense Of The Defense, Melissa E. Rosenthal

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the liberal discovery of nonparty records, such as IQ test results and medical records, in lead paint poisoning cases in New York. It argues that allowing such discovery aligns with the state's broad discovery policies under CPLR 3101(a) and promotes fairness and efficiency in litigation. The author contends that the current per se ban on discovering these records is inconsistent and unfair, particularly for defendants in the First Department, where such discovery is prohibited. The analysis emphasizes the need for a balanced approach that considers relevance, privacy, and the potential for alternative causation in determining admissibility.

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Women's Annotated Legal Bibliography Jan 2000

Women's Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Violence Against Women In The International Community - Introduction, Maria Lugones Oct 1999

Violence Against Women In The International Community - Introduction, Maria Lugones

Cardozo Journal of International and Comparative Law

The article argues that violence against women is not a monolithic phenomenon but rather a diverse set of practices deeply embedded in social, political, and cultural contexts. It critiques the tendency to homogenize these practices and emphasizes the need to understand their specific aims, norms, and techniques to develop effective solutions. The analysis highlights how violence against women is constitutive of broader social organizations and structures, requiring a nuanced approach that goes beyond framing it solely as a human rights violation.

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Difficult Maneuvers In Discourse Against Latina Immigrants In The United States, Josh Price Oct 1999

Difficult Maneuvers In Discourse Against Latina Immigrants In The United States, Josh Price

Cardozo Journal of International and Comparative Law

The article critiques the tendency to homogenize violence against women, emphasizing the importance of recognizing its diverse forms and contexts. It focuses on the experiences of immigrant Latinas, particularly those in abusive relationships, and explores how legal, cultural, and ideological factors uniquely constrain their options. By examining the work of a Latina activist, the analysis highlights the need to address the intersection of gender, immigration, and domestic violence through a more nuanced lens. The article advocates for structural changes to empower immigrant women and challenge the existing legal and cultural frameworks that perpetuate their subjugation.

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The Witch Camps In Northern Ghana, Ernest Teye-Topey Oct 1999

The Witch Camps In Northern Ghana, Ernest Teye-Topey

Cardozo Journal of International and Comparative Law

The article examines the systemic human rights violations against elderly women in Northern Ghana, who are accused of witchcraft and subjected to dehumanizing treatment in witch camps. These women face physical abuse, servitude, and social exclusion, perpetuated by cultural beliefs and traditional practices. The article highlights the efforts of human rights organizations and legal bodies to address this issue but emphasizes the need for comprehensive solutions to protect these women and challenge deeply entrenched cultural norms.

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Combating Domestic Violence Through Positive International Action In The International Community And In The United Kingdom, India, And Africa, Subrata Paul Oct 1999

Combating Domestic Violence Through Positive International Action In The International Community And In The United Kingdom, India, And Africa, Subrata Paul

Cardozo Journal of International and Comparative Law

The article examines the global efforts to combat domestic violence, highlighting the role of international actions and specific initiatives in the United Kingdom, India, and Africa. It emphasizes the importance of legal reforms, awareness campaigns, and the involvement of women's organizations in addressing this issue. The analysis underscores the slow but significant progress made, stressing that societal change is essential for eradicating domestic violence.

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Women, Violence, And Gang Rape In Indonesia, Rudiah Primariantari Oct 1999

Women, Violence, And Gang Rape In Indonesia, Rudiah Primariantari

Cardozo Journal of International and Comparative Law

The article argues that the gang rapes of Chinese women during the May 1998 Jakarta riots were not spontaneous acts of violence but rather a deliberate strategy of political control and terror. It critiques the Indonesian government's denial and cover-up of these crimes, as well as its efforts to discredit human rights investigations. The analysis highlights how rape was used as a tool to instill fear and maintain power, while the government prioritized protecting its elite interests over justice and accountability.

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Women's Annotated Legal Bibliography Jan 1999

Women's Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Three's A Crowd: A Feminist Critique Of Calabresi And Melamed's One View Of The Cathedral, Jeanne L. Schroeder Jan 1999

Three's A Crowd: A Feminist Critique Of Calabresi And Melamed's One View Of The Cathedral, Jeanne L. Schroeder

Articles

The article critiques Calabresi and Melamed's trichotomy of property rights, arguing that it oversimplifies property as a binary relationship between subject and object, neglecting the complexities of enjoyment and third-party interests. By employing a feminist and Lacanian psychoanalytic perspective, the analysis highlights how this framework fails to address the dynamic, relational, and intersubjective nature of property, particularly in environmental disputes. The author advocates for a more inclusive understanding of property that incorporates both masculine and feminine metaphors, emphasizing the need to move beyond possession and exchange to recognize the mutual constitution of entitlements and law.

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Sign At Your Own Risk: The "Rca" Prenuptial May Prejudice The Fairness Of Your Future Divorce Settlement, Susan Metzger Weiss Jan 1999

Sign At Your Own Risk: The "Rca" Prenuptial May Prejudice The Fairness Of Your Future Divorce Settlement, Susan Metzger Weiss

Cardozo Journal of Equal Rights & Social Justice

The article critiques the Rabbinical Council of America (RCA) Prenup for failing to adequately address the power imbalance in Jewish divorce law, particularly the agunah problem, where women are unable to obtain a divorce due to their husbands' refusal to grant a get. While the RCA Prenup aims to mitigate this issue, it ultimately perpetuates existing power dynamics by limiting women's access to secular legal protections. The analysis highlights alternative prenups, such as the RosenZvi Prenup, as more equitable solutions that integrate secular legal safeguards while maintaining the integrity of Jewish law.

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Table Of Contents - Cardozo Women's Law Journal, Vol. 6, Iss. 1 Jan 1999

Table Of Contents - Cardozo Women's Law Journal, Vol. 6, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Masthead - Cardozo Women's Law Journal, Vol. 6 (1999) Jan 1999

Masthead - Cardozo Women's Law Journal, Vol. 6 (1999)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Women In The New Millennium: The Promises Of The Past Are Now The Problems For The Millennium, Lundy R. Langston Jan 1999

Women In The New Millennium: The Promises Of The Past Are Now The Problems For The Millennium, Lundy R. Langston

Cardozo Journal of Equal Rights & Social Justice

The article argues that the equality principle, while intended to promote gender equality, has failed to address the unique challenges and needs of women, particularly in legal and workplace contexts. Despite advancements in women's rights, structural disparities persist, with women bearing disproportionate burdens in caregiving, employment, and legal proceedings. The analysis critiques how courts and policies often ignore the biological and societal differences between men and women, leading to outcomes that perpetuate gender inequality. The article emphasizes the need for a more nuanced approach to equality that accounts for these differences and addresses systemic power imbalances.

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The Ties That Bind, Melissa F. Savage Jan 1999

The Ties That Bind, Melissa F. Savage

Cardozo Journal of Equal Rights & Social Justice

The note examines the evolving legal recognition of foster parents' rights, particularly focusing on the constitutional protections afforded to long-term foster parents under the Due Process Clause of the Fourteenth Amendment. It highlights the significance of the Rodriguez v. McLoughlin case, which established that foster parents who have formed strong emotional bonds with a child and are in the process of adoption may have a constitutionally protected liberty interest in their relationship. The analysis emphasizes the tension between the contractual nature of foster care and the emotional ties that develop, advocating for due process protections for long-term foster parents while …

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Commentaries, Paul Magnarella Jan 1999

Commentaries, Paul Magnarella

Cardozo Journal of International and Comparative Law

Symposium: Cannibal Democracies: Human Rights and Democracy in Turkey

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Employers And Employees Beware: The Duties Imposed By The Recent Supreme Court Decisions And Their Impact On Sexual Harassment Law, Jill Kreisberg Jan 1999

Employers And Employees Beware: The Duties Imposed By The Recent Supreme Court Decisions And Their Impact On Sexual Harassment Law, Jill Kreisberg

Cardozo Journal of Equal Rights & Social Justice

The comment examines the Supreme Court's decisions in Faragher and Burlington Industries, which clarified employer liability for sexual harassment by supervisors under Title VII. The Court established that employers are vicariously liable for supervisor harassment, subject to a limited exception if the employer can demonstrate reasonable efforts to prevent misconduct and the employee unreasonably failed to utilize corrective measures. These rulings resolved conflicting lower court standards and emphasized the importance of anti-harassment policies and procedures to address workplace harassment effectively.

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A Solomonic Decision: What Will Be The Fate Of Frozen Preembryos?, David H. Fiestal Jan 1999

A Solomonic Decision: What Will Be The Fate Of Frozen Preembryos?, David H. Fiestal

Cardozo Journal of Equal Rights & Social Justice

The Kass v. Kass case highlights the legal complexities surrounding disputes over frozen preembryos post-divorce, emphasizing the court's reliance on prior agreements and the need for a balanced legal framework that respects individual rights while addressing medical advancements.

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Being Female Can Be Fatal: An Examination Of India's Ban On Pre-Natal Gender Testing, Andrea Krugman Apr 1998

Being Female Can Be Fatal: An Examination Of India's Ban On Pre-Natal Gender Testing, Andrea Krugman

Cardozo Journal of International and Comparative Law

The note examines India's 1996 Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, which aims to address the severe gender imbalance caused by prenatal sex selection and female feticide. Despite the Act's intentions, its effectiveness is hindered by deep-rooted cultural preferences for male children, economic pressures, and insufficient enforcement mechanisms. The analysis highlights the need for broader societal changes, including education and economic empowerment for women, to effectively combat gender discrimination.

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Table Of Contents - Cardozo Women's Law Journal, Vol. 4, Iss. 2 Jan 1998

Table Of Contents - Cardozo Women's Law Journal, Vol. 4, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Masthead - Cardozo Women's Law Journal, Vol. 5 (1998) Jan 1998

Masthead - Cardozo Women's Law Journal, Vol. 5 (1998)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Table Of Contents - Cardozo Women's Law Journal, Vol. 5, Iss. 1 Jan 1998

Table Of Contents - Cardozo Women's Law Journal, Vol. 5, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Reproductive Rights Of Women: Construction And Reality In International And United States Law, Kimberly A. Jones Jan 1998

Reproductive Rights Of Women: Construction And Reality In International And United States Law, Kimberly A. Jones

Cardozo Journal of Equal Rights & Social Justice

The article examines the disparity between the legal recognition of women's reproductive rights and the reality of their ability to exercise these rights. It explores how international and United States laws construct reproductive rights differently, but both fail to address the cultural, economic, and social barriers that prevent women from realizing these rights. The analysis underscores the need for states to take affirmative actions to dismantle these barriers and ensure that women can fully exercise their reproductive rights.

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"A Revolution Which Seeks To Abolish Law, Must End Necessarily In Despotism": Louisa Mccord And Antebellum Southern Legal Thought, Alfred L. Brophy Jan 1998

"A Revolution Which Seeks To Abolish Law, Must End Necessarily In Despotism": Louisa Mccord And Antebellum Southern Legal Thought, Alfred L. Brophy

Cardozo Journal of Equal Rights & Social Justice

Louisa McCord's essays provide a unique lens into the legal and political thought of antebellum Southern society, particularly her defense of slavery and the role of law in maintaining social order. She argued that law should ensure basic fairness in market transactions but should not interfere with the institution of slavery, which she viewed as a matter of sentiment rather than legal regulation. McCord's work challenges the notion that legal history is confined to the common law tradition, emphasizing the importance of understanding law as part of a broader societal outlook.

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