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Yeshiva University, Cardozo School of Law

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Articles 601 - 630 of 834

Full-Text Articles in Law and Gender

Fairness Of Contract V. Freedom Of Contract: The Problematic Nature Of Contractual Obligation In Premarital Agreements, Faun M. Phillipson Jan 1998

Fairness Of Contract V. Freedom Of Contract: The Problematic Nature Of Contractual Obligation In Premarital Agreements, Faun M. Phillipson

Cardozo Journal of Equal Rights & Social Justice

The note examines the tension between the duty of full and fair disclosure in premarital agreements and the principle of freedom of contract, focusing on Wisconsin courts' handling of this issue. It critiques the ambiguity in judicial standards for enforcing such agreements, arguing that the concept of "meaningful choice" introduced by the Wisconsin Supreme Court, while promising, lacks clear guidelines, leading to inconsistent and sometimes arbitrary outcomes. The analysis highlights the conflict between ensuring procedural fairness and avoiding paternalistic judicial interference in private contracts.

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Invasion Of Privacy Tort: Does The Deference Given To The Press Ignore The Family, T. Michael Wickersham Jan 1998

Invasion Of Privacy Tort: Does The Deference Given To The Press Ignore The Family, T. Michael Wickersham

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Reaching Beyond The Bars: An Analysis Of Prison Nurseries, Nicole Mauskopf Jan 1998

Reaching Beyond The Bars: An Analysis Of Prison Nurseries, Nicole Mauskopf

Cardozo Journal of Equal Rights & Social Justice

The note argues that prison nurseries offer a viable solution to the challenges faced by incarcerated mothers and their children, addressing the detrimental effects of separation on both. It advocates for the implementation of prison nurseries to support maternal care and rehabilitation, while also highlighting the need for legal and policy reforms to ensure equitable treatment and protect parental rights.

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Neonaticide And The "Ethos Of Maternity": Traditional Criminal Law Defenses And The Novel Syndrome, Judith E. Macfarlane Jan 1998

Neonaticide And The "Ethos Of Maternity": Traditional Criminal Law Defenses And The Novel Syndrome, Judith E. Macfarlane

Cardozo Journal of Equal Rights & Social Justice

The note explores the legal and psychological dimensions of neonaticide, proposing the recognition of a Neonaticide Syndrome to better understand the mental state of perpetrators and inform legal defenses. It argues that such a syndrome, characterized by denial of pregnancy and psychotic breaks, could provide a framework for lenient sentencing and negate intent in homicide charges, similar to how Rape Trauma Syndrome and Battered Woman Syndrome are used in court. The analysis emphasizes the need for expert testimony to explain the mental state of defendants and the admissibility of such evidence under Frye and Daubert standards.

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Women's Annotated Legal Bibliography Jan 1998

Women's Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Same-Sex Sexual Harassment: Cutting The Gordian Knot, Collin O'Connor Udell Jan 1998

Same-Sex Sexual Harassment: Cutting The Gordian Knot, Collin O'Connor Udell

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Women And Assisted Suicide: Exposing The Gender Vulnerability To Acquiescent Death, Lynne Marie Kohm, Britney N. Brigner Jan 1998

Women And Assisted Suicide: Exposing The Gender Vulnerability To Acquiescent Death, Lynne Marie Kohm, Britney N. Brigner

Cardozo Journal of Equal Rights & Social Justice

The article argues that women are disproportionately vulnerable to assisted suicide due to societal, economic, and emotional factors, and that legalizing assisted suicide could exacerbate gender disparities in death rates. It critiques the lack of protections for vulnerable individuals, particularly women, who may be coerced or influenced into assisted suicide. The analysis emphasizes the need to address the root causes of suffering rather than resorting to assisted suicide, while also advocating for societal changes to support women and reduce their vulnerability.

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Justice Ruth Bader Ginsburg And The Virginia Military Institute: A Culmination Of Strategic Success, Scott M. Smiler Jan 1998

Justice Ruth Bader Ginsburg And The Virginia Military Institute: A Culmination Of Strategic Success, Scott M. Smiler

Cardozo Journal of Equal Rights & Social Justice

The note examines Justice Ginsburg's pivotal role in shaping the Supreme Court's approach to gender-based discrimination, particularly through her advocacy for heightened scrutiny of such classifications. It highlights how her efforts culminated in the landmark decision of United States v. Virginia, where the Court ruled that Virginia Military Institute's (VMI) exclusion of women violated the Equal Protection Clause. The decision reinforced the requirement that gender-based classifications must meet an exceedingly persuasive justification, aligning with Ginsburg's long-standing commitment to dismantling gender stereotypes and advancing equal protection principles.

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Prosecuting Teenage Parents Under Fornication Statutes: A Constitutionally Suspect Legal Solution To The Social Problem Of Teenage Pregnancy, Juhi Mehta Jan 1998

Prosecuting Teenage Parents Under Fornication Statutes: A Constitutionally Suspect Legal Solution To The Social Problem Of Teenage Pregnancy, Juhi Mehta

Cardozo Journal of Equal Rights & Social Justice

The note argues that the constitutional right to privacy, as established by precedent, protects individuals' decisions regarding childbearing and sexual activity. It critiques the use of archaic fornication statutes to prosecute pregnant teenagers, asserting that such prosecutions impose an undue burden on constitutionally protected freedoms. The analysis emphasizes the need for policies addressing teen pregnancy that prioritize education, access to contraception, and legal reforms over punitive measures.

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The Mandatory Arbitration Of A Woman's Title Vii Claim In The Securities Industry, Vincent J. Roldan Jan 1998

The Mandatory Arbitration Of A Woman's Title Vii Claim In The Securities Industry, Vincent J. Roldan

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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The Young Women's Leadership School: A Viable Alternative To Traditional Coeducational Public Schools, Erin A. Mcgrath Jan 1998

The Young Women's Leadership School: A Viable Alternative To Traditional Coeducational Public Schools, Erin A. Mcgrath

Cardozo Journal of Equal Rights & Social Justice

The note argues that single-sex education is a beneficial and constitutional alternative to traditional coeducational programs, using the Young Women's Leadership School as a prime example. It contends that such schools address past discrimination and provide tailored educational environments that enhance academic performance and self-esteem, particularly for underprivileged girls. The analysis emphasizes that single-sex education can meet legal standards under Title IX and Equal Protection scrutiny, as demonstrated by the Leadership School's compliance with regulatory requirements and its focus on remedying historical inequities.

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The Problem That Has No Name, Omi Morgenstern Leissner Jan 1998

The Problem That Has No Name, Omi Morgenstern Leissner

Cardozo Journal of Equal Rights & Social Justice

The article examines how naming practices, deeply rooted in patriarchal societies, influence women's identity, autonomy, and societal status. It argues that traditional naming conventions, such as women adopting their husbands' surnames, reflect broader power dynamics that marginalize women and erase their individuality. The analysis highlights the legal, cultural, and psychological implications of these practices and advocates for self-naming as a form of resistance and empowerment.

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Probabilistic Networks And Inferred Causation, Christian Borgelt, Rudolf Kruse Jul 1997

Probabilistic Networks And Inferred Causation, Christian Borgelt, Rudolf Kruse

Cardozo Law Review

In this article we discuss two related subjects. In the first place, we explain in a tutorial manner the technique of reasoning in probabilistic network structures, which is based on the idea of decomposing a multi-dimensional probability distribution and drawing inferences using only the parts of the decomposition. Secondly, we consider the relations between the structure of a multi-dimensional probability distribution and the underlying causal structure and examine an algorithm which tries to infer the causal structure from the probabilistic structure.

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Family Law Of The Two Chinas: A Comparative Look At The Rights Of Married Women In The People's Republic Of China And The Republic Of China, Janice A. Lee Apr 1997

Family Law Of The Two Chinas: A Comparative Look At The Rights Of Married Women In The People's Republic Of China And The Republic Of China, Janice A. Lee

Cardozo Journal of International and Comparative Law

The note examines the rights of married women in the People's Republic of China (PRC) and Taiwan, highlighting how traditional Confucian values continue to influence family law and practice despite legal reforms aimed at promoting gender equality. It argues that while both countries have enacted progressive laws, societal attitudes and enforcement mechanisms often undermine these legal advancements, perpetuating women's subordinate status.

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Table Of Contents - Cardozo Women's Law Journal, Vol. 4, Iss. 1 Jan 1997

Table Of Contents - Cardozo Women's Law Journal, Vol. 4, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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The Human Constitution And Constitutive Law: A Prolegomenon, John O. Mcginnis Jan 1997

The Human Constitution And Constitutive Law: A Prolegomenon, John O. Mcginnis

Articles

No abstract provided.

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United States Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Malvina Halberstam Jan 1997

United States Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Malvina Halberstam

Articles

No abstract provided.

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Juno Moneta: On The Erotics Of The Marketplace, Jeanne L. Schroeder Jan 1997

Juno Moneta: On The Erotics Of The Marketplace, Jeanne L. Schroeder

Articles

The article explores how property and the feminine, as legal fictions, facilitate the creation of subjectivity through the lens of Hegelian philosophy and Lacanian psychoanalysis. It critiques the liberal individual as an insufficient concept for subjectivity, arguing that subjectivity is constructed, not natural. The analysis examines how legal frameworks privilege masculine metaphors, such as possession, while repressing feminine ones, and posits that the pursuit of a perfect market represents a destructive ideal that undermines freedom and subjectivity.

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Masthead - Cardozo Women's Law Journal, Vol. 4 (1997-98) Jan 1997

Masthead - Cardozo Women's Law Journal, Vol. 4 (1997-98)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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The Medical Malpractice Crisis In Obstetrics: A Gestalt Approach To Reform, Elizabeth Swire Falker Jan 1997

The Medical Malpractice Crisis In Obstetrics: A Gestalt Approach To Reform, Elizabeth Swire Falker

Cardozo Journal of Equal Rights & Social Justice

The medical malpractice crisis in obstetrics has led to a decline in practicing obstetricians, particularly in high-risk and rural areas, disproportionately affecting disadvantaged women. This crisis is driven by high malpractice insurance premiums, defensive medicine practices, and poor physician-patient communication. The article proposes reforms, including the integration of certified nurse-midwives, improved communication strategies, and alternative compensation systems, to reduce litigation, stabilize insurance markets, and improve access to care.

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Teaching Legal Writing As Women's.Work: Life On The Fringes Of The Academy, Pamela Edwards Jan 1997

Teaching Legal Writing As Women's.Work: Life On The Fringes Of The Academy, Pamela Edwards

Cardozo Journal of Equal Rights & Social Justice

The article examines the marginalization of legal writing teachers in law schools, particularly focusing on the gendered dynamics that relegate this role predominantly to women. It argues that legal writing is undervalued, with these instructors facing lower status, pay, and job security compared to other faculty. This marginalization perpetuates gender disparities in the legal academy.

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Undue Influence And Gender Stereotypes: Legal Doctrine Or Indoctrination?, Veena K. Murthy Jan 1997

Undue Influence And Gender Stereotypes: Legal Doctrine Or Indoctrination?, Veena K. Murthy

Cardozo Journal of Equal Rights & Social Justice

The note argues that the undue influence doctrine in will contests disproportionately affects female testators, reflecting and reinforcing gender stereotypes. Courts are more likely to invalidate wills of female testators, undermining their testamentary freedom, while male testators are often treated as autonomous decision-makers. This disparity stems from societal gender norms that portray women as vulnerable and men as independent.

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Women's Annotated Legal Bibliography Jan 1997

Women's Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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To V Or Not To V - That Is The Regulatory Question: The Role Of The V-Chip In Government Regulation Of Broadcast And Cable Indecency, Marie A. Ryan Jan 1997

To V Or Not To V - That Is The Regulatory Question: The Role Of The V-Chip In Government Regulation Of Broadcast And Cable Indecency, Marie A. Ryan

Cardozo Journal of Equal Rights & Social Justice

The note argues that the current regulatory distinctions between broadcast and cable television in the United States are outdated and should be unified to better protect children from indecent content while respecting adult First Amendment rights. It proposes adopting a consistent "safe harbor" provision for both broadcast and basic cable television, combined with the use of the V-chip technology, as a constitutionally sound and less restrictive means of achieving the government's dual objectives of supporting parental authority and safeguarding children's well-being.

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Home Is Where The Brute Lives: Asylum Law And Gender-Based Claims Of Persecution, Anjana Bahl Jan 1997

Home Is Where The Brute Lives: Asylum Law And Gender-Based Claims Of Persecution, Anjana Bahl

Cardozo Journal of Equal Rights & Social Justice

The article argues that gender-based persecution should be recognized as a valid ground for asylum under the refugee definition, emphasizing the need to expand the interpretation of "particular social group" to include women facing persecution due to their gender. It highlights the challenges women face in meeting the legal standards for asylum, particularly under U.S. law, and advocates for a more inclusive framework to address gender-based violence and discrimination.

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Taking Care Of Our Daughters, Katharine K. Baker Jan 1997

Taking Care Of Our Daughters, Katharine K. Baker

Cardozo Law Review

In The Neutered Mother, The Sexual Family and Other Twentieth Century Tragedies, Martha Fineman gives a powerful critique of the traditional family and proposes an innovative model for change. In the course of her critique, Fineman reveals a number of important truths. Primary among these truths are (1) that dependency begets dependency; (2) that equality rhetoric and practice are vacuous vehicles for justice in a world in which differing degrees of dependency beget different ability; (3) that the privacy and silence of dependency is crucial to patriarchy's construction of the family. Dependencies are created every time a baby is …

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Abolitionist Feminism, Moral Slavery, And The Constitution: “On The Same Platform Of Human Rights”, David A.J. Richards Nov 1996

Abolitionist Feminism, Moral Slavery, And The Constitution: “On The Same Platform Of Human Rights”, David A.J. Richards

Cardozo Law Review

The analogy between race and gender plays an increasingly important role in the interpretation of the Equal Protection Clause of the Fourteenth Amendment. However, interpretive arguments about the analogy make little or no reference to the abolitionist historical background of the Reconstruction Amendments in general and the Fourteenth Amendment in particular. This might make some sense if the only legitimate interpretive appeal to history were Raoul Berger's version of originalism, namely, the specific denoted things (including persons and practices) to which the relevant drafters and ratifiers of the pertinent constitutional text would or would not have applied the language in …

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Finding Sojourner’S Truth: Race, Gender, And The Institution Of Property, Cheryl I. Harris Nov 1996

Finding Sojourner’S Truth: Race, Gender, And The Institution Of Property, Cheryl I. Harris

Cardozo Law Review

This Article begins with the signature speech of Sojourner Truth, one of a handful of Black women of the nineteenth century who became an important figure in the abolitionist movement, a national figure in her own time, and an icon of both historical and contemporary feminism. As the emblematic Black woman of her time and as a Black woman that both suffered under and transcended slavery, Sojourner Truth was and is a critically situated subject through which to examine the crosscutting constructions of race and gender forged under slavery.

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“So Tall Within” - The Legacy Of Sojourner Truth, Peggy Cooper Davis Nov 1996

“So Tall Within” - The Legacy Of Sojourner Truth, Peggy Cooper Davis

Cardozo Law Review

I take my text from Professor Harris's rich discussion of Sojourner Truth's life narrative. I begin, as Professor Harris began, with Truth's assertion of parental right. When her five-year-old son, Peter, was sent by his owner from New York to Alabama, Truth agonized over the loss of contact between herself and her child. She feared that Peter would lose the opportunity, owed to him under New York law, of liberation at the age of twenty-one. Truth's insistent cry, "I'll have my child again," was initially dismissed by incredulous slaveholders. But it became a theme of struggle as she repeatedly walked …

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Hegel’S Slaves, Blackstone’S Objects, And Hohfeld’S Ghosts: A Comment On Thomas Russell’S Imagery Of Slave Auctions, Jeanne L. Schroeder Nov 1996

Hegel’S Slaves, Blackstone’S Objects, And Hohfeld’S Ghosts: A Comment On Thomas Russell’S Imagery Of Slave Auctions, Jeanne L. Schroeder

Cardozo Law Review

Thomas Russell's wonderful paper A New Image of the Slave Auction is an example of how the best empirical work can result in conclusions that are so obviously "right" that they risk being mistaken as obvious. His paper serves as an important warning against a recurring problem in legal, as well as other scholarship: Picture thinking-in the sense of an unconscious (and as a result, unquestioning and uncritical) acceptance of familiar, traditional, comfortable imagery-so often blinds us.

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