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Articles 211 - 240 of 440
Full-Text Articles in Law and Gender
The Impact Of Feminine Leadership On State Courts: A Panel Of Women Chief Justices, Alan Florendo
The Impact Of Feminine Leadership On State Courts: A Panel Of Women Chief Justices, Alan Florendo
Cardozo Journal of Equal Rights & Social Justice
The symposium report examines the impact of women in leadership roles on state courts, focusing on a panel discussion with four prominent female chief justices. It explores how their presence has influenced judicial decision-making and the potential for state courts to become champions of civil rights. While the panelists acknowledge the transformative potential of women on the judiciary, they also highlight challenges such as politicization and the need for greater emphasis on state constitutional law.
Dukes V. Wal-Mart: Can 1.5 Million Women Save Employment Discrimination Class Actions?, Robert Fisher
Dukes V. Wal-Mart: Can 1.5 Million Women Save Employment Discrimination Class Actions?, Robert Fisher
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Something Old, Something New, Something Borrowed, Something Blue And A Silver Sixpence For Her Shoe: Dukes V. Wal-Mart & Sex Discrimination Class Actions, Winnie Chau
Cardozo Journal of Equal Rights & Social Justice
The note examines the effectiveness of large-scale sex discrimination class actions, particularly through the lens of Dukes v. WalMart, in driving systemic change in corporate workplace practices. While these actions often succeed in compensating victims, they frequently fail to address the root causes of discrimination, leaving broader systemic issues unresolved. The analysis highlights the tension between procedural requirements and the need for meaningful reform, suggesting that such lawsuits can prompt some positive changes but often fall short of achieving lasting impact.
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 13, Iss. 1
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 13, Iss. 1
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Till Death Do Us Part: Marriage, Hiv/Aids And The Law In Zimbabwe, Slyvia Chirawu
Till Death Do Us Part: Marriage, Hiv/Aids And The Law In Zimbabwe, Slyvia Chirawu
Cardozo Journal of Equal Rights & Social Justice
The article argues that marriage, cultural practices, and legal frameworks in Zimbabwe disproportionately expose women to HIV/AIDS, with marriage paradoxically increasing their vulnerability despite societal expectations of protection. It contends that legal reforms alone are insufficient to address this issue, emphasizing the need for transformative gender equity to challenge the deeply rooted power imbalances and cultural norms that perpetuate women's susceptibility to HIV infection.
Annotated Legal Bibliography On Gender
Annotated Legal Bibliography On Gender
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Trials & Errors: The Rights Of The Korean Comfort Women And The Wrongful Dismissal Of The Joo Case By The District Of Columbia Federal Courts, L. David Nefouse
Trials & Errors: The Rights Of The Korean Comfort Women And The Wrongful Dismissal Of The Joo Case By The District Of Columbia Federal Courts, L. David Nefouse
Cardozo Journal of Equal Rights & Social Justice
The article argues that the U.S. courts erred in dismissing the Joo case, which sought justice for Korean Comfort Women against Japan. It contends that the dismissals were based on flawed legal analyses, particularly regarding sovereign immunity under the Foreign Sovereign Immunities Act (FSIA) and the political question doctrine. The author advocates for the women's right to a judicial hearing under U.S. and international law, emphasizing the need for accountability for war crimes and crimes against humanity.
Ethics In Medicine: With A Special Focus On The Concepts Of Sex And Gender In Intersex Management, Natascha Gruber
Ethics In Medicine: With A Special Focus On The Concepts Of Sex And Gender In Intersex Management, Natascha Gruber
Cardozo Journal of Equal Rights & Social Justice
The article critiques the binary sex/gender system and its application in intersex medical management, arguing that it leads to harmful practices. It proposes a more flexible model to respect individual autonomy and reduce medical intervention, promoting ethical treatment that prioritizes patient consent and well-being.
Lawrence Summers At The Nber Conference: The Real Deal, Taunya Lovell Banks
Lawrence Summers At The Nber Conference: The Real Deal, Taunya Lovell Banks
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Toward True Shalom Bayit: Acknowledging Domestic Abuse In The Jewish Community, Lydia M. Belzer
Toward True Shalom Bayit: Acknowledging Domestic Abuse In The Jewish Community, Lydia M. Belzer
Cardozo Journal of Equal Rights & Social Justice
The article examines the intersection of domestic abuse and Jewish law, focusing on how religious teachings, such as the concept of shalom bayit (peace in the home), are often misused to justify remaining in abusive relationships. It highlights the barriers women face in obtaining a religious divorce (get) and the stigma associated with domestic abuse (shonda), which discourages victims from seeking help. The analysis critiques the misuse of religious laws and advocates for reinterpretation to prioritize victims' safety and well-being. The article emphasizes the need for education, awareness, and improved support systems within the Jewish community to address these issues …
Women In Science: Biological Factors Should Not Be Ignored, Kingsley R. Browne
Women In Science: Biological Factors Should Not Be Ignored, Kingsley R. Browne
Cardozo Journal of Equal Rights & Social Justice
The article argues that biological and psychological differences between sexes contribute to the underrepresentation of women in certain fields, challenging the assumption that equal representation is always the appropriate goal. It critiques the notion that disparities necessarily indicate systemic flaws, emphasizing that freedom of choice should allow for different occupational outcomes without implying discrimination.
The Lengthening Shadow Of Androcentrism, Bryan K. Fair
The Lengthening Shadow Of Androcentrism, Bryan K. Fair
Cardozo Journal of Equal Rights & Social Justice
The article critiques Harvard President Lawrence H. Summers' hypotheses on the underrepresentation of women in high-end science and engineering jobs, arguing that his views are based on stereotypes and overlook historical and systemic factors. The author contests Summers' points, emphasizing that gender disparities stem from deeply entrenched male privilege and legal structures rather than women's choices or aptitude. The analysis highlights the role of historical discrimination and legal cases in perpetuating gender caste.
The Causation Equation: Summers On Science, Owen D. Jones
The Causation Equation: Summers On Science, Owen D. Jones
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Annotated Legal Bibliography On Gender
Annotated Legal Bibliography On Gender
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
The Political Science Of Hormone Folklore, Rebecca M. Young
The Political Science Of Hormone Folklore, Rebecca M. Young
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Chess Club Is Not Cool: An Essay On The Choices Women Make That Preclude Them From Higher Professional Levels, Lisa A. Torraco
Chess Club Is Not Cool: An Essay On The Choices Women Make That Preclude Them From Higher Professional Levels, Lisa A. Torraco
Cardozo Journal of Equal Rights & Social Justice
The article argues that individual choice plays a significant role in the disparity between men and women achieving the highest professional levels. It contends that many women consciously prioritize family, personal fulfillment, and work-life balance over traditional measures of professional success, which often limits their advancement in male-dominated fields. The author emphasizes that while systemic factors like discrimination and cultural influences are real, the role of personal choice in shaping women's career trajectories should not be overlooked. Women are redefining success in ways that align with their values, often sacrificing high-pressure careers for more flexible or fulfilling roles.
Not Playing Around: The Chilling Power Of The Federal Trademark Dilution Act Of 1995, Julie Zando-Dennis
Not Playing Around: The Chilling Power Of The Federal Trademark Dilution Act Of 1995, Julie Zando-Dennis
Cardozo Journal of Equal Rights & Social Justice
The Federal Trademark Dilution Act of 1995 (FTDA) has become a powerful tool for corporations to suppress criticism and parody, undermining free speech by allowing broad claims of trademark dilution without requiring proof of consumer confusion. The note argues that the FTDA’s provisions against dilution, including blurring and tarnishment, disproportionately favor corporate interests over First Amendment rights, particularly in cases involving parody and satire. Courts have inconsistently applied the law, with some circuits offering protections for parody while others prioritize trademark protection, creating uncertainty and chilling artistic and activist expression. The note advocates for reform to balance trademark rights with …
Check Only One: M/F/Other, Julie Shapiro
Check Only One: M/F/Other, Julie Shapiro
Cardozo Journal of Equal Rights & Social Justice
The article critiques the assumption that individuals can be neatly categorized into male and female, arguing that this binary framework is increasingly problematic. It highlights how this assumption underpins debates about gender differences in innate abilities, such as those raised by Lawrence Summers, and contends that without clear, universally accepted definitions of "male" and "female," such generalizations lack coherence. The analysis emphasizes the legal and social complexities of gender categorization, particularly in light of evolving understandings of intersex and transgender identities.
Myths And Realities In The Sameness/Difference Debate, Rosemary C. Salomone
Myths And Realities In The Sameness/Difference Debate, Rosemary C. Salomone
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Reflections On The Perpetual Myth Of The University As Seeker Of Truth, Michael I. Krauss
Reflections On The Perpetual Myth Of The University As Seeker Of Truth, Michael I. Krauss
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Masthead, Cardozo Journal Of Law & Gender, Vol. 12 (2005–06)
Masthead, Cardozo Journal Of Law & Gender, Vol. 12 (2005–06)
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 12, Iss. 1
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 12, Iss. 1
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Hacking The Gender Binary Myth: Recognizing Fundamental Rights For The Intersexed, Sara R. Benson
Hacking The Gender Binary Myth: Recognizing Fundamental Rights For The Intersexed, Sara R. Benson
Cardozo Journal of Equal Rights & Social Justice
The article argues that current medical practices allowing parents and doctors to assign a physical sex to intersex children through surgery violate the child's fundamental rights to bodily integrity, personality, gender identity, and sexuality. These rights, while not yet fully defined in jurisprudence, provide a framework for protecting individuals from unwarranted governmental and medical intrusion. The article advocates for delaying such decisions until the child can consent, drawing on the Colombian Constitutional Court's recognition of a child's right to develop their gender identity. It also highlights the broader implications for transgender rights and challenges societal gender binaries.
Outside The Law: Intersex, Medicine And The Discourse Of Rights, Jo Bird
Outside The Law: Intersex, Medicine And The Discourse Of Rights, Jo Bird
Cardozo Journal of Equal Rights & Social Justice
The article argues that the legal system perpetuates the erasure of intersex individuals by constructing intersex as a medical rather than a legal issue, leading to human rights violations. It contends that the law requires individuals to fit into a binary sex classification to be recognized as fully human, thereby denying intersex people legal visibility and protection. The article advocates for the recognition of intersex as a legal category to address the systemic discrimination and violence intersex individuals face, particularly in medical practices.
Distracted Attentions: Intersexuality And Human Rights Protections, Morgan Holmes
Distracted Attentions: Intersexuality And Human Rights Protections, Morgan Holmes
Cardozo Journal of Equal Rights & Social Justice
The article argues that the medicalization of intersex conditions, often justified under an "emergency" rationale, undermines the autonomy and human rights of intersex individuals, particularly children. It critiques the framing of intersex as a medical emergency, which allows clinicians to bypass informed consent and prioritize the interests of families and medical professionals over those of the intersex individual. The article advocates for a shift in approach, emphasizing human rights protections and the need to respect the autonomy of intersex persons.
Out Of The O.R. And Into The Streets: Exploring The Impact Of Intersex Media Activism, Sharon E. Preves
Out Of The O.R. And Into The Streets: Exploring The Impact Of Intersex Media Activism, Sharon E. Preves
Cardozo Journal of Equal Rights & Social Justice
Babies are born intersexed, with ambiguous genitalia or other reproductive anatomical features, every day. Physical sexual ambiguity occurs frequently, affecting approximately one in 2000 births. Most infants born intersexed are surgically and hormonally altered to reflect the sexual anatomy associated with "standard" female or male sex assignment. This article explores the mobilization and methods of intersex individuals and their allies to destigmatize intersexuality and to alter the medical treatment they receive. I explore the intersex movement's use of mass media as a strategic activist tool and the implications of this mobilization for cultural and medical reform, arguing that media attention …
Radical Tweak-Relocating The Power To Assign Sex, Elizabeth Reilly
Radical Tweak-Relocating The Power To Assign Sex, Elizabeth Reilly
Cardozo Journal of Equal Rights & Social Justice
The article argues that the legal system's enforcement of binary sex classification perpetuates harm against intersex individuals by mandating sex assignment at birth and enabling non-consensual medical interventions. It proposes removing sex designation from birth certificates to allow individuals to self-identify their sex later in life, promoting autonomy and reducing harm.
Sharply Drawn Lines: An Examination Of Title Ix, Intersex, And Transgender, Emily Q. Shults
Sharply Drawn Lines: An Examination Of Title Ix, Intersex, And Transgender, Emily Q. Shults
Cardozo Journal of Equal Rights & Social Justice
The article advocates for a broader interpretation of Title IX to protect transgender and intersex individuals from discrimination in educational settings. It argues that the current legal framework's rigid binary understanding of sex and gender is outdated and harmful, and that discrimination based on gender identity and expression constitutes sex discrimination under Title IX. The author emphasizes the need for legal adaptation to recognize the fluidity of sex and gender.
Approaching Critical Mass: An Exploration Of The Role Of Intersex Allies In Creating Positive Education, Advocacy And Change, Moonhawk River Stone M.S.
Approaching Critical Mass: An Exploration Of The Role Of Intersex Allies In Creating Positive Education, Advocacy And Change, Moonhawk River Stone M.S.
Cardozo Journal of Equal Rights & Social Justice
The purpose of this article is to explore the role of allies working on behalf of intersex people. The article approaches this exploration from various perspectives that have informed the author's ally work with intersex issues for more than ten years. First, the author begins with the personal perspective and the way in which the author became an ally of intersex people. Second, the article discusses the perspective of psychological trauma, the tapestry of which is interwoven through all aspects of intersex history and experience. Third, the author delineates ally attitudes, behaviors, and tasks that are important when one is …
Table Of Contents - Cardozo Women's Law Journal, Vol. 11, Iss. 2
Table Of Contents - Cardozo Women's Law Journal, Vol. 11, Iss. 2
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.