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Yeshiva University, Cardozo School of Law

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Articles 661 - 690 of 834

Full-Text Articles in Law and Gender

Reach And Substance Of The Principle Of Equal Treatment In Social Security Law Under European Community And German Constitutional Law, Ursula Rust Jan 1996

Reach And Substance Of The Principle Of Equal Treatment In Social Security Law Under European Community And German Constitutional Law, Ursula Rust

Cardozo Journal of Equal Rights & Social Justice

The article examines the principle of equal treatment in social security law under European Community (EC) law and German constitutional law, highlighting their differences in scope and application. While both legal systems prohibit sex-based discrimination, EC law, primarily through Directive 79/7, applies narrowly to specific risks and allows significant exceptions, particularly for survivor and family benefits. In contrast, German constitutional law provides broader protections under the Basic Law, which directly binds the legislature and judiciary to ensure equal rights, though it also struggles with addressing indirect discrimination effectively.

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The Mark Of Cain: No Second Chance For Teachers Convicted Of Sex Offenses Against Students, Eric J. Kuperman Jan 1996

The Mark Of Cain: No Second Chance For Teachers Convicted Of Sex Offenses Against Students, Eric J. Kuperman

Cardozo Journal of Equal Rights & Social Justice

The note argues that teachers convicted of sex offenses against students should be subject to a national registration and notification system, akin to Megan's Law, due to the inadequacy of current systems in preventing these individuals from continuing to teach and offending again. The author emphasizes the need to protect children from sexual predators in educational settings, highlighting the failure of schools and courts to effectively address the issue.

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Schrodinger’S Cat, Eugenics, And The Compulsory Sterilization Of Welfare Mothers: Deconstructing An Old/New Rhetoric And Constructing The Reproductive Right To Natality For Low-Income Women Of Color, Beverly Horsburgh Jan 1996

Schrodinger’S Cat, Eugenics, And The Compulsory Sterilization Of Welfare Mothers: Deconstructing An Old/New Rhetoric And Constructing The Reproductive Right To Natality For Low-Income Women Of Color, Beverly Horsburgh

Cardozo Law Review

In Part I of this Article, I briefly trace the history of racism, sexism, and class bias in western scientific thought as well as the legal consequences that ensued in this country from scientific prejudice. In Part II, I turn to eugenics in our own time and explore the sterilization abuse of poor women of color as a disguised form of eugenics. I argue that the lack of popular sympathy for the reproductive problems of these women, due to their negative dehumanizing stereotyping and the pervasive influence of sociobiology, facilitates public acceptance of harsher measures in the future. I refer, …

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Stand By Your Man?: Legal Protection For Wives Who Charge The Family Home To Secure Their Husbands' Business Debts, Belinda Fehlberg Jan 1995

Stand By Your Man?: Legal Protection For Wives Who Charge The Family Home To Secure Their Husbands' Business Debts, Belinda Fehlberg

Cardozo Journal of Equal Rights & Social Justice

The article examines the legal protections for wives in England who charge the family home as security for their husbands' business debts, focusing on the challenges in balancing private family dynamics with third-party creditor rights. It critiques the limited protection offered by the law, particularly through the lens of the House of Lords' rulings in Barclays Bank v. O'Brien and CIBC Mortgages v. Pitt. The analysis highlights the tension between protecting vulnerable wives and maintaining the viability of the family home as collateral for business loans.

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From Advocacy To Management In Divorce: A Women's Issue?, Mavis Maclean Jan 1995

From Advocacy To Management In Divorce: A Women's Issue?, Mavis Maclean

Cardozo Journal of Equal Rights & Social Justice

The article examines the shift in the role of law in divorce proceedings in the U.K., arguing that divorce is increasingly moving away from legal advocacy and toward administrative and managerial processes. This transformation raises critical questions about the implications for women, particularly regarding their access to justice, financial rights, and the role of legal professionals. The article highlights the growing influence of Alternative Dispute Resolution (ADR) and the Child Support Agency (CSA), which are reshaping how divorce, child support, and property disputes are handled, often reducing the involvement of courts and lawyers.

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A Bad Marriage: Jewish Divorce And The First Amendment, Paul Finkelman Jan 1995

A Bad Marriage: Jewish Divorce And The First Amendment, Paul Finkelman

Cardozo Journal of Equal Rights & Social Justice

The article examines the legal and religious challenges faced by observant Jewish women unable to remarry due to their husbands' refusal to grant a "get," a religious divorce document, even after obtaining a civil divorce. It argues that state intervention to enforce the issuance of a get, such as through New York's Get Law, violates the First Amendment's establishment and free exercise clauses by entangling government with religious matters. The author advocates for solutions within the Jewish community, emphasizing the need to balance individual rights with religious freedom without government interference.

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Boxing Women: Regulation, Women And Mental Health, Cate Hemingway Jan 1995

Boxing Women: Regulation, Women And Mental Health, Cate Hemingway

Cardozo Journal of Equal Rights & Social Justice

The article argues that the legal and psychiatric systems collaboratively categorize women who offend as either "mad" or "bad," failing to address underlying social issues. It examines how these systems pathologize women's behavior, using examples like pre-menstrual syndrome (PMS) and battered women's syndrome (BWS) as legal defenses, which often reinforce harmful stereotypes rather than providing meaningful solutions.

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Introduction, Mavis Maclean Jan 1995

Introduction, Mavis Maclean

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Masthead - Cardozo Women's Law Journal, Vol. 2 (1995) Jan 1995

Masthead - Cardozo Women's Law Journal, Vol. 2 (1995)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Juvenile Justice With A Future... For Juveniles, Mabél Arteaga Jan 1995

Juvenile Justice With A Future... For Juveniles, Mabél Arteaga

Cardozo Journal of Equal Rights & Social Justice

The note examines the evolution of juvenile justice systems, tracing the shift from a rehabilitative focus to increasingly punitive measures. It critiques this trend, advocating for a balanced approach that maintains procedural protections while incorporating rehabilitative programs. The author proposes a dual-purpose system that addresses societal concerns for public safety while ensuring equitable treatment and opportunities for reintegration.

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Introduction, Eli M. Noam, Lisa M. Domonkos Jan 1995

Introduction, Eli M. Noam, Lisa M. Domonkos

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Table Of Contents - Cardozo Women's Law Journal, Vol. 2, Iss. 1 Jan 1995

Table Of Contents - Cardozo Women's Law Journal, Vol. 2, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Economic Justice In Divorce, Emily Jackson Jan 1995

Economic Justice In Divorce, Emily Jackson

Cardozo Journal of Equal Rights & Social Justice

The article examines the challenges of achieving economic justice in divorce, particularly for women, who often face financial hardship due to their caregiving roles. It critiques the "clean break" principle in spousal support, arguing that it neglects the economic sacrifices of custodial parents and the value of human capital investments. While spousal support may reinforce gender stereotypes, its denial can perpetuate inequality. The article advocates for a more nuanced legal framework that considers the interplay of law, theory, and social reality to address the economic realities of divorce effectively.

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The Provision Of Maintenance For Women And Children In Zimbabwe, Fareda Banda Jan 1995

The Provision Of Maintenance For Women And Children In Zimbabwe, Fareda Banda

Cardozo Journal of Equal Rights & Social Justice

The article examines the challenges faced by women and children in Zimbabwe in accessing maintenance and property rights after divorce, despite comprehensive legal provisions. It highlights the dual legal system's impact, the judiciary's discretion in property distribution, and the economic and cultural barriers women face, emphasizing the need for legal reforms and improved enforcement mechanisms.

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Consent To Marital Rape: Common Law Oxymoron?, Katherine O'Donovan Jan 1995

Consent To Marital Rape: Common Law Oxymoron?, Katherine O'Donovan

Cardozo Journal of Equal Rights & Social Justice

The article critically examines the historical and legal underpinnings of the marital rape exemption in common law, arguing that the concept of consent within marriage has been used to undermine women's autonomy and perpetuate gender inequality. It traces the evolution of this exemption from its roots in Sir Matthew Hale's 17th-century legal writings to its eventual abolition in England and Australia, highlighting the broader implications for women's citizenship and bodily integrity.

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Determining The Role Of Psychological Bonding In New York Foster Care Law, Brian L. Greben Jan 1995

Determining The Role Of Psychological Bonding In New York Foster Care Law, Brian L. Greben

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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The Road To Equality: The Application Of The Reasonable Woman Standard In Sexual Harassment Cases, Deborah B. Goldberg Jan 1995

The Road To Equality: The Application Of The Reasonable Woman Standard In Sexual Harassment Cases, Deborah B. Goldberg

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the adoption of the reasonable woman standard in evaluating hostile work environment sexual harassment claims under Title VII. It argues that this standard is essential to ensure that such claims are assessed from the victim's perspective, particularly considering the gendered differences in perception of harassing behavior. The author contends that the reasonable woman standard promotes equality by recognizing that men and women may perceive sexual harassment differently, and it should be preferred over the gender-neutral reasonable person standard, which often overlooks women's experiences.

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The Vestal And The Fasces: Property And The Feminine In Law And Psychoanalysis, Jeanne L. Schroeder Jan 1995

The Vestal And The Fasces: Property And The Feminine In Law And Psychoanalysis, Jeanne L. Schroeder

Cardozo Law Review

The fasces symbolized the majesty of Roman law. It was an axe attached to a bundle of sticks. Consuls, emperors, and other high-ranking officials were escorted in public by lictors bearing the fasces as the visible representation of the enforcement powers of the state. Offenders could be mercifully flogged with one of the sticks or justly executed with the blade.

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Women, Law, And Inequality: Rethinking International Human Rights, Mary Elizabeth Bartholomew, Drucilla Cornell Aug 1994

Women, Law, And Inequality: Rethinking International Human Rights, Mary Elizabeth Bartholomew, Drucilla Cornell

Cardozo Law Review

In 1984, Robin Morgan posed this remarkable question in her historic book Sisterhood is Global. The Feminist Legal Resource Center remains but an unrealized goal of the international feminist legal community. Such a center could benefit women, especially women in the law, seeking to obtain access to information about trends and movements worldwide in the struggle to expand the rights of women. Beginning for the most part with the aftermath of World War II, when individuals became subjects of international law with the creation and proliferation of human rights law, lawyers and others concerned with the promotion of good government …

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Leave No Child Behind, Marian Wright Edelman Mar 1994

Leave No Child Behind, Marian Wright Edelman

Cardozo Law Review

The forty-sixth Cardozo Memorial Lecture, delivered in memory of Benjamin N. Cardozo at the House of the Association on December 17, 1992.

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Remember The Sabbath? The New York Blue Laws And The Future Of The Establishment Clause, Marc A. Stadtmauer Jan 1994

Remember The Sabbath? The New York Blue Laws And The Future Of The Establishment Clause, Marc A. Stadtmauer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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The Jewish Lawyer, Jerome Hornblass May 1993

The Jewish Lawyer, Jerome Hornblass

Cardozo Law Review

No abstract provided.

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Prostitution: A Violation Of Women's Human Rights, Dorchen Leidholdt Jan 1993

Prostitution: A Violation Of Women's Human Rights, Dorchen Leidholdt

Cardozo Journal of Equal Rights & Social Justice

The article argues that prostitution is a violation of women's human rights, asserting that it is not a form of work or a legitimate choice but rather an exploitative institution rooted in gender inequality. The author criticizes the pro-prostitution lobby for framing prostitution as empowering, arguing that this perspective ignores the inherent abuse and exploitation faced by women in the industry.

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Perinatal Substance Abuse: The Rhetoric And Reality Of 'Rights,' And Beyond And A Recent Bibliography, Sam S. Kepfield Jan 1993

Perinatal Substance Abuse: The Rhetoric And Reality Of 'Rights,' And Beyond And A Recent Bibliography, Sam S. Kepfield

Cardozo Journal of Equal Rights & Social Justice

The article critiques the legal system's handling of perinatal substance abuse (PSA), arguing that current approaches are ineffective and unjust. It proposes a new legal framework focusing on harm and causation, advocating for universal prenatal care and non-punitive solutions to address the root causes of PSA.

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Masthead - Cardozo Women's Law Journal, Vol. 1 (1993-94) Jan 1993

Masthead - Cardozo Women's Law Journal, Vol. 1 (1993-94)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Table Of Contents - Cardozo Women's Law Journal, Vol. 1, Iss. 1 Jan 1993

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

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Decriminalizing Prostitution: Liberation Or Dehumanization?, Carlin Meyer Jan 1993

Decriminalizing Prostitution: Liberation Or Dehumanization?, Carlin Meyer

Cardozo Journal of Equal Rights & Social Justice

The article argues that criminalizing prostitution perpetuates the exploitation and marginalization of women, particularly those from disadvantaged backgrounds. The author advocates for decriminalization as a necessary step towards empowering sex workers, highlighting how current legal frameworks fail to protect them and instead exacerbate their vulnerability. The thesis emphasizes the need for systemic change to address the societal structures that drive women into prostitution.

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Women's Annotated Legal Bibliography Jan 1993

Women's Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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The Rights Of Gays To Adopt Children: Fortifying The Defenses Against Societal Prejudice, Stephanie Landay Jan 1993

The Rights Of Gays To Adopt Children: Fortifying The Defenses Against Societal Prejudice, Stephanie Landay

Cardozo Journal of Equal Rights & Social Justice

The article argues that the right of gays to adopt children is often denied due to societal prejudices and biases, which influence court decisions. It advocates for the adoption of the "nexus test" to ensure that decisions are based on the best interest of the child, free from discrimination. The article also emphasizes the need to classify gays as a suspect class to overturn discriminatory statutes.

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A Defense Of Prostitutes' Self-Organization, Drucilla Cornell Jan 1993

A Defense Of Prostitutes' Self-Organization, Drucilla Cornell

Cardozo Journal of Equal Rights & Social Justice

The article advocates for the decriminalization of prostitution as a necessary step toward empowering sex workers to self-organize and improve their working conditions. Drawing on personal experiences as a union organizer in the 1970s, the author highlights the shared struggles of women workers, including prostitutes, under exploitative capitalist systems. The article emphasizes the importance of recognizing prostitutes as workers deserving of labor rights and union representation, rather than viewing them solely as victims. It critiques the exclusion of sex workers from traditional labor organizing and argues that decriminalization would enable them to collectively address their exploitation and deconstruct oppressive conditions.

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