Law and Gender Commons^™

Scrolling, Trolling, And Uploading: Youtube's Impact On Modern Public Discourse, Internet Regulation, And Free Speech, Brett Gossett

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Balancing Burdens In Religious Freedom Claims, T. J. Denley

Cardozo Journal of Equal Rights & Social Justice

The article examines the expansion of religious freedom claims under the First Amendment and related laws, arguing that recent developments risk creating unequal treatment and burdening marginalized groups. It critiques the shift in doctrine that favors conservative Judeo-Christian morality, potentially undermining antidiscrimination protections and creating "theocratic zones of control." The analysis emphasizes the need to balance religious freedom with the rights of third parties and equality-implicating rights.

Where Drugs Are Involved, Universities Offer Education And Rehabilitation, While The Juvenile Justice System Offers Detention And Punishment: Why Juvenile Drug Courts Are The Answer, Samantha Balanevsky

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Policing The Painted And Powdered, Anthony Michael Kreis

Cardozo Law Review

Is homophobia also sexism?

This question was the focus ofpioneering scholarship nearly three decades ago and has been the subject ofreignited controversy because of litigation over marriage rights, employment discrimination, educational opportunities, fair housing, religious exemptions, and military service. Even though some courts, federal agencies, and state employment commissions have recognized that sexual orientation and gender identity discrimination are subsets ofsex discrimination, including the landmark Title VII decisions Hively v. Ivy Tech Community College and Zarda v. Altitude Express, academics, judges, andpublic administrators have been unable to articulate a plain theory ofsexual orientation discrimination as sexism. Without a straightforward theory …

Networking Away The American Dream: How Reinterpreting Title Vii Can Reduce Employer Reliance On Exclusive Networks In Hiring And Broaden Access To Professional Opportunity, Austin Howard

Cardozo Law Review

No abstract provided.

The Struggle For Marriage Equality And The Need To Focus On Transgender Rights In Taiwan, M. Bob Kao

Cardozo International & Comparative Law Review

Marriage equality has been the primary focus of LGBTQ rights activists in Taiwan for the past decade. After numerous setbacks, same-sex marriage was finally legalized in May 2019 by the Taiwanese Constitutional Court's decision finding that limiting marriage under the Civil Code as solely between a man and a woman was unconstitutional on grounds that it violated the principles of equality and the freedom of marriage. Moving forward, while ensuring marriage equality is enforced in practice, LGBTQ rights activists in Taiwan must strategize their next steps, including combating other types of discrimination based on gender and sexual orientation and advocating …

Dying While Trans: A Critical Analysis Of Respect After Death Laws, Kara Nowakowski

Cardozo Journal of Equal Rights & Social Justice

The note critiques Respect After Death (RAD) laws, which aim to ensure that transgender and gender non-conforming (TGNC) individuals' gender identities are respected on death certificates and in funeral proceedings. While these laws represent progress, they fail to address systemic barriers faced by TGNC individuals, such as limited access to legal and medical transition resources, leaving many without the necessary documentation to secure their rights even in death. The note proposes a more comprehensive legislative solution for New York State to better protect TGNC individuals' bodily autonomy after death.

Making The Leap From Bullying To Equality: An Analysis Of Transgender Student Rights, Nathan Ades

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal and political landscape surrounding transgender students' rights, particularly under Title IX, following the withdrawal of Obama-era guidelines by the Trump administration. This withdrawal has led to significant legal confusion and variability in protections across jurisdictions. The analysis suggests that advocating for antibullying policies may offer a more effective strategy for advancing transgender rights, especially in conservative states, by avoiding direct confrontation with gender identity issues.

Lawful Neutral: The Justice System And Dungeons And Dragons, Laura Lea Williams

Cardozo Journal of Equal Rights & Social Justice

The note argues that the ban on Dungeons & Dragons (D&D) in prisons is rooted in outdated misconceptions and fails to recognize the game's potential as a rehabilitative tool. It critiques the judicial system's reliance on the Turner test, which has been used to uphold such bans, and advocates for a more nuanced approach that considers the game's benefits in fostering communication, empathy, and problem-solving skills among inmates.

The Law Of The Soul, Arthur J. Jacobson

Cardozo Law Review

Do you believe that human beings have souls, and dogs, for example, do not? And if you believe that humans have souls, then must you also believe that in order for the soul to be a soul it must be immortal? Or can the soul be born with us and die with us, never to return, and still be a soul? And if you believe that it must be immortal, then must you also believe that if it is not immortal, then it is just a psyche - the forms of awareness, desiring and imagining that humans share with all …

A Note Of Thanks To Arthur Jacobson, Suzanne Last Stone

Cardozo Law Review

I owe Arthur a great personal debt as a mentor, and as a thinker, and I'm happy to be able to publicly proclaim it today. When I first came to Cardozo, I packaged myself very astutely as a federal courts groupie; and I was going to write all the next great articles on federal courts. And it was Arthur, more than anyone else on the faculty who was there, welcoming me and persuading me that I had to pursue my passion, instead. Other members of the faculty (I won't name names) said: "You're not going to get tenure writing on …

Dean Melanie Leslie's Remarks For The Launch Of Women's Votes, Women's Voices: The 19th Amendment At 100, Melanie B. Leslie

Speeches & Presentations

On June 4, 2019, Benjamin N. Cardozo School of Law launched Women's Votes, Women's Voices: The 19th Amendment at 100. Women's Votes, Women's Voices is a year of celebration and scholarly discussion marking one hundred years of the 19th Amendment, which prohibited states from denying citizens the right to vote on the basis of sex, though not all women would have the same ability to vote or to make their voices heard. Bookended by the anniversaries of the passage of the amendment in June 1919 and its ratification in August 1920, #19at100 will commemorate these historical milestones with interactive …

The Responsibility To Protect As Applied To Asylum Seekers In The United States, Luke Doyle Galland

Cardozo International & Comparative Law Review

No abstract provided.

Straight Actors In Lgbt Roles: Creative Casting Or Employment Discrimination?, Erica Ruff

Cardozo Journal of Equal Rights & Social Justice

The note examines the trend of casting straight actors in LGBT roles, termed "gay face," and explores its implications as a form of employment discrimination. It argues that this practice limits opportunities for LGBT actors and discusses the legal challenges in addressing this issue under Title VII of the Civil Rights Act of 1964, which does not explicitly cover sexual orientation. The note highlights the tension between anti-discrimination laws and First Amendment protections for artistic expression, noting that courts often favor the latter.

Are Police Obsolete? Breaking Cycles Of Violence Through Abolition Democracy, V. Noah Gimbel, Craig Muhammad

Cardozo Law Review

On February 5, 2018, Baltimore activists organized a successful "cease-fire weekend," during which no one was killed-and the cops were not to thank. Indeed, as community anti-violence organizers worked to cool hot feuds in order to prove that endless violence was not their destiny, the Baltimore Police Department was sinking ever-deeper into perhaps the most shocking police corruption scandal of the twenty-first century.

The stark contrast between ordinary city residents risking their safety to fight against violence in their community and a corrupt police force committing and propagating acts of violence in the microcosmic streets of Baltimore raises what may …

Sex Segregation In Sports As A Public Health Issue, Nancy Leong, Emily Bartlett

Cardozo Law Review

This Article contributes to the growing debate about the merits of sex segregation in sports by approaching sex segregation in sports as a public health issue. Participation in sports has profound consequences for women's health. Engagement in athletics affects physical fitness, disease prevention, self-esteem, mental wellness, eating disorders, and many other health-related issues.

Sex segregation in sports reduces women's participation in sports and changes the nature of the sports in which women participate. Both of these issues have implications for the myriad health issues we discuss. The Article argues that analysis under the Equal Protection Clause of governmentally-imposed sex segregation …

Finding A Home In America: Cardozo Law Screening Of Refuge “Hombres Nuevos”, Kathryn O. Greenberg Immigration Justice Clinic, Cardozo Outlaw

2018–2019 Flyers

Promotional flyer for a Cardozo School of Law screening of Hombres Nuevos, episode six of the AT&T original series REFUGE. The episode tells the story of Luis Mancheno, a former Cardozo Law instructor and immigration attorney, who fled persecution in Ecuador and now advocates for the rights of LGBTQ+ asylum seekers in the U.S. The event included a screening and a Q&A moderated by Professor Kate Shaw, and was co-hosted by the Immigration Justice Clinic and OUTLaw.

Careful Training Does Eliminate Gender-Based Negotiation Differences, Charles B. Craver

Cardozo Journal of Conflict Resolution

No abstract provided.

The Universal Periodic Review As A Form Of Alternative Dispute Resolution: Strengths & Shortcomings, Sara Alvarez

Cardozo Journal of Conflict Resolution

No abstract provided.

Kill Or Be Killed: Why New York's Justification Defense Is Not Enough For The Reasonable Battered Woman, And How To Fix It, Abigail Finkelman

Cardozo Journal of Equal Rights & Social Justice

The note argues that New York's justification defense statute is insufficient to protect battered women who kill their abusers, as it requires an imminent threat and proportionality, which are often not applicable in intimate partner violence (IPV) cases. The author proposes amending the statute to include a broader understanding of domestic violence patterns, allowing victims to justify their actions based on the escalating nature of abuse rather than immediate danger.

The Design Patent Bar: An Occupational Licensing Failure, Christopher Buccafusco, Jeanne C. Curtis

Cardozo Arts & Entertainment Law Journal

Although any attorney can represent clients with complex property, tax, or administrative issues, only a certain class of attorneys can assist with obtaining and challenging patents before the United States Patent & Trademark Office (PTO). Only those who are members of the PTO's patent bar can prosecute patents, and eligibility for the patent bar is only available to people with substantial scientific or engineering credentials. However much sense the eligibility rules make for utility patents-those based on novel scientific or technical inventions-they are completely irrational when applied to design patents-those based on ornamental or aesthetic industrial design. Nevertheless, the PTO …

A Review Of The Wrongful Convictions Reader: A Comprehensive Resource For Students, Faculty, And Practitioners, Stephanie Roberts Hartung

Cardozo Law Review de•novo

Professor Stephanie Roberts Hartung reviews The Wrongful Convictions Reader, a 2019 book by Russell D. Covey and Valena E. Beety.

Jurisliterature And Transgression, Peter Goodrich

Articles

The jurisliterary profession is the curious enterprise of writing, as a jurist, about law. Many seek to escape into literature, philosophy, critique, psychoanalysis, the couch, but then, in the main, they have abandoned law. Those that persist, who remain jurists, have the propensity to transgress the boundaries of the juridical, the strictures of abstraction and disembodiment, so as to generate accounts of legal sensibility, so as to manifest the polyglottal and visceral potential of transforming the juridical bubble into that most ethical of realms, the poetics of desire. Jurisliterary transgression, at its strongest, returns the materiality of imagination to the …

Reorienting The Rules Of Evidence, Gillian R. Chadwick

Cardozo Law Review

Latent heterosexism is deeply engrained in the common sensibility of the American legal system. In sexual assault cases, that latent heterosexism reveals itself in disparate admissibility rulings and practices regarding evidence that purports to demonstrate a defendant's sexual orientation. When defendant and victim are of the same gender, evidence that a defendant is straight is used to prove innocence, while evidence that a defendant is gay or bisexual is used to prove guilt. This evidence is used to advance narratives invoking anti-gay and anti-bisexual stereotypes of deviance and criminality. Similar arguments are not made in cases involving opposite-gender defendant and …

Babies Having Babies: Advocating For A Different Standard For Minor Parents In Abuse And Neglect Cases, Emily Barry

Cardozo Law Review

No abstract provided.

Gender In The Context Of Same-Sex Divorce And Relationship Dissolution, Suzanne A. Kim, Edward D. Stein

Articles

This article identifies ways that judges, lawyers, researchers, and policy makers may attend to the role of gender and gender dynamics facing same-sex couples upon divorce or other relationship dissolution. When same-sex couples marry, the legal system and society at large may project conceptions of gender onto same-sex couples, often in a manner that conflicts with couples’ intentions and practices. Gender and gender dynamics may affect the bases for dissolution, the financial aspects of dissolution, and the determination of child custody. The article also suggests directions for future research on the impact of gender on the dissolution of same-sex relationships.

Rape In Context: Lessons For The United States From The International Criminal Court, Caroline Davidson

Cardozo Law Review

The law of rape is getting a rewrite. Domestically and internationally, major efforts are underway to reform rape laws that have failed to live up to their promises of seeking justice for victims and deterring future sexual violence. The cutting edge of international criminal law on rape eschews inquiries into consent and instead embraces an examination of coercion or a coercive environment. By contrast, in the United States, rape reform discussions typically center on consent. The American Law Institute's proposed overhaul of the Model Penal Code's provision on sexual assault carves out a middle ground and introduces, in addition to …

Love For Sale: Book Review Of Marcia A. Zug, Buying A Bride: An Engaging History Of Mail-Order Matches, Jeanne L. Schroeder

Cardozo Law Review

No abstract provided.

The Military Transgender Policy: The Realization Of Madison’S Incompatible Powers Narrative, Ken Hyle

Cardozo Law Review de•novo

Last summer, President Trump purported to ban all transgender individuals from serving in the military via Twitter: “After consultation with my Generals and military experts, please be advised that the United States Government will not accept or allow . . . Transgender individuals to serve in any capacity in the U.S. military.” In August 2017, the President followed his series of tweets with a Presidential Memorandum that formally dismantled President Obama’s framework to permit transgender individuals to serve openly. These restrictions led to a flurry of lawsuits in federal court. In March 2018, President Trump issued a revised policy that …

The Muslim/Arab Sulha And The Restorative Justice Model Same Purpose, Different Approach, Doron Pely, Golan Luzon

Cardozo Journal of Conflict Resolution

This Article establishes sulha, the traditional Arab and Islamic dispute resolution practice, as a restorative justice ("RJ") mechanism. The Article compares sulah with western RJ: both practices strive for the same goal, repairing damaged relations, highlights the conceptual and functional similarities, including support for victims, and the importance of perpetrator responsibility. The Article introduces the concept of reintegrative honoring theory ("RHT")-a novel concept that describes the reliance of sulha relies on restoration of victims' sense of honor. Finally, the Article compares RHT with western reintegrative shaming theory ("RST").