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Articles 241 - 270 of 440
Full-Text Articles in Law and Gender
Do Prisoners Get A Better Deal? Comparing The Abortion Rights And Access Of Military Women Stationed Abroad To Those Of Women In Prison, Leah Ginsberg
Do Prisoners Get A Better Deal? Comparing The Abortion Rights And Access Of Military Women Stationed Abroad To Those Of Women In Prison, Leah Ginsberg
Cardozo Journal of Equal Rights & Social Justice
The note examines the systemic barriers faced by military women and incarcerated individuals in accessing abortion services, despite Supreme Court rulings that establish a woman's right to abortion. It highlights how statutory bans, restrictive policies, and logistical challenges disproportionately affect these groups, arguing that their unique circumstances—such as overseas deployment or incarceration—subject them to additional layers of legal and practical obstacles. The analysis underscores the need for legislative or executive action to address these inequities and ensure constitutional rights are upheld.
Naked Before The Law: Reality Porn And The Capacity To Contract, Benjamin J. Cooper
Naked Before The Law: Reality Porn And The Capacity To Contract, Benjamin J. Cooper
Cardozo Journal of Equal Rights & Social Justice
The note examines the legal challenges surrounding reality pornography, particularly through the lens of the Girls Gone Wild series, highlighting the tension between First Amendment protections for producers and the rights of participants. It argues that the legal framework governing consent, exploitation, and contractual agreements in this context is unclear and often fails to protect participants, many of whom face severe consequences. The analysis underscores the complexities of balancing public interest, contractual capacity, and the rights of minors in this lucrative yet legally fraught industry.
The Ramifications Of The Fcc's Failure To Minimize Negative Media Portrayals Of Latinas And Black Women, Fiordaliza Batista
The Ramifications Of The Fcc's Failure To Minimize Negative Media Portrayals Of Latinas And Black Women, Fiordaliza Batista
Cardozo Journal of Equal Rights & Social Justice
The note argues that the Federal Communications Commission (FCC) has failed to address the systemic issue of negative and stereotypical portrayals of minorities, particularly minority women, in media. These portrayals perpetuate racial and gender stereotypes, contributing to societal discrimination and violence. The FCC's inaction, coupled with its refusal to recognize minority status in licensing and employment practices, exacerbates these issues. The note calls for revised policies to promote diversity and accurate representations in broadcasting, emphasizing the need for regulatory reforms to address these harms.
Intersex Education, Advocacy & The Law: The Struggle For Recognition And Protection, Erin Lloyd
Intersex Education, Advocacy & The Law: The Struggle For Recognition And Protection, Erin Lloyd
Cardozo Journal of Equal Rights & Social Justice
The report addresses the lack of recognition and protection for intersex individuals, highlighting the controversial medical practices and legal challenges they face. It advocates for a shift from non-consensual surgeries to a more informed, rights-based approach, emphasizing the need for legal reforms and societal acceptance.
From Lavender To Purple: Privacy, Black Women, And Feminist Legal Theory, Jennifer C. Nash
From Lavender To Purple: Privacy, Black Women, And Feminist Legal Theory, Jennifer C. Nash
Cardozo Journal of Equal Rights & Social Justice
The article critiques traditional feminist legal theory for its narrow view of privacy as inherently oppressive, particularly for women of color. It argues that privacy can be a source of empowerment and safety for Black women, challenging the one-size-fits-all approach of mainstream feminist theory. The author advocates for a more nuanced, intersectional perspective that considers how privacy affects different groups differently.
Annotated Legal Bibliography On Gender
Annotated Legal Bibliography On Gender
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Table Of Contents - Cardozo Women's Law Journal, Vol. 11, Iss. 3
Table Of Contents - Cardozo Women's Law Journal, Vol. 11, Iss. 3
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
On Academic Discrimination, Janet Ainsworth
On Academic Discrimination, Janet Ainsworth
Cardozo Journal of Equal Rights & Social Justice
The article critiques the argument that women's underrepresentation in the physical sciences is due to innate intellectual inferiority or a lack of willingness to work long hours. It challenges the assumptions underlying such claims, arguing that discrimination and socialization play significant roles, and that the notion of requiring "super-intelligence" for academic success is overstated and unproven. The author advocates for addressing systemic biases and unstated assumptions in academia rather than focusing on debates about innate differences.
In Response To The Remarks By Lawrence H. Summers, Presenting Empirical Data On The Differences In Learning Styles Between Males And Females, Robin A. Boyle, Andrea Honigsfeld
In Response To The Remarks By Lawrence H. Summers, Presenting Empirical Data On The Differences In Learning Styles Between Males And Females, Robin A. Boyle, Andrea Honigsfeld
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Summers' Personal As Political: Reasoning Without Effort From Stereotypes, Ellen M. Bublick
Summers' Personal As Political: Reasoning Without Effort From Stereotypes, Ellen M. Bublick
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Interpreting Sexual Disparities In Elites: The Unrecognized Implications Of Gaussian Distributions, Lloyd Cohen, Iliana Ilieva
Interpreting Sexual Disparities In Elites: The Unrecognized Implications Of Gaussian Distributions, Lloyd Cohen, Iliana Ilieva
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
The Alchemy Of A Moral Discourse About The Biology Of Gender: Historical Sensitivity, Genetic Literacy, And The Will To Imagine A Different Equality, Doriane Lambelet Coleman
The Alchemy Of A Moral Discourse About The Biology Of Gender: Historical Sensitivity, Genetic Literacy, And The Will To Imagine A Different Equality, Doriane Lambelet Coleman
Cardozo Journal of Equal Rights & Social Justice
The article explores the intersection of biology, genetics, and gender, emphasizing the need for a cautious and informed approach when integrating scientific findings into legal and social policies. It highlights the historical misuse of science to justify discrimination and advocates for a nuanced understanding that balances genetic insights with ethical considerations. The author proposes moving beyond a one-size-fits-all model of equality to one that accommodates differences, ensuring equitable opportunities for all.
Summers Of Our Discontent, Phyllis Goldfarb
Summers Of Our Discontent, Phyllis Goldfarb
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Granting Asylum To Persecuted Afghan Western Women, Marra Guttenplan
Granting Asylum To Persecuted Afghan Western Women, Marra Guttenplan
Cardozo Journal of Equal Rights & Social Justice
The note argues that Afghan Western Women, who have adopted Western practices in defiance of traditional Islamic norms, should be granted asylum in the U.S. under the categories of religion, political opinion, or membership in a particular social group. These women face severe persecution, including physical harm, economic deprivation, and restrictions on education and employment, which meet the standards for asylum under U.S. and international law. The analysis emphasizes that their fear of persecution is well-founded due to Afghanistan's unstable governance and pervasive human rights abuses, making it imperative for the U.S. to recognize their unique challenges and provide protection.
Home Alone: Children Of Incarcerated Mothers In New York City Under The Rockefeller Drug Laws, Aron M. Zimmerman
Home Alone: Children Of Incarcerated Mothers In New York City Under The Rockefeller Drug Laws, Aron M. Zimmerman
Cardozo Journal of Equal Rights & Social Justice
The Rockefeller Drug Laws of 1973, among the harshest in the nation, have failed to reduce drug trafficking or abuse and have instead led to unjust outcomes, disproportionately impacting racial minorities and women. These laws, which mandate draconian sentences based solely on drug type and quantity, tie judges' hands and prioritize incarceration over treatment, despite evidence that treatment is more cost-effective and reduces recidivism. Recent reforms offer some progress, but significant systemic changes are needed to address the laws' ongoing harm and restore judicial discretion in sentencing.
Annotated Legal Bibliography On Gender
Annotated Legal Bibliography On Gender
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Lawrence Summers' Speech On "Innate" Differences Between Men And Women-A Different Perspective, Thomas C. Fischer
Lawrence Summers' Speech On "Innate" Differences Between Men And Women-A Different Perspective, Thomas C. Fischer
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Identifying The Linguistic Boundaries Of Sex: Court Language Choice In Decisions Regarding The Availability Of Sex And Procreation, Amy Zimmerman Hodges
Identifying The Linguistic Boundaries Of Sex: Court Language Choice In Decisions Regarding The Availability Of Sex And Procreation, Amy Zimmerman Hodges
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Permissive Pornography: The Selective Censorship Of The Internet Under Cipa, Heidi Wachs
Permissive Pornography: The Selective Censorship Of The Internet Under Cipa, Heidi Wachs
Cardozo Journal of Equal Rights & Social Justice
The note critiques the Children's Internet Protection Act (CIPA) and its implementation, arguing that while its intent to protect children from online pornography is laudable, the mandated use of Internet filters is flawed. The study demonstrates that current filtering technology often overblocks access to critical nonpornographic health information, particularly affecting vulnerable populations like teenagers seeking sexual health resources. The Supreme Court's ruling in United States v. American Library Association upheld CIPA, dismissing less restrictive alternatives, but the article contends that this approach may harm patrons by restricting access to essential information.
Masthead - Cardozo Women's Law Journal, Vol. 11 (2004-05)
Masthead - Cardozo Women's Law Journal, Vol. 11 (2004-05)
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
The Other "Sex" In Lawrence V. Texas, Paisley Currah
The Other "Sex" In Lawrence V. Texas, Paisley Currah
Cardozo Journal of Equal Rights & Social Justice
The article argues that while the Lawrence v. Texas decision was a landmark victory for sexual autonomy, it failed to address the state's ongoing role in regulating gender categories, leaving transgender individuals marginalized and legally vulnerable. The author emphasizes that the decision reinforced the state's ability to define and enforce binary sex categories, which perpetuates discrimination against transgender people. The article calls for a broader vision of sexual and gender freedom that challenges these regulatory systems.
Annotated Legal Bibliography On Gender
Annotated Legal Bibliography On Gender
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Not If, But When?: Dismantling The Florida Adoption Act Of 2001, Andrew T. Binstock
Not If, But When?: Dismantling The Florida Adoption Act Of 2001, Andrew T. Binstock
Cardozo Journal of Equal Rights & Social Justice
The note critiques the notice provision of the Adoption Act of 2001, arguing that it unjustly required single mothers to publish personal details in newspapers, violating privacy rights under the Due Process Clause and the Florida Constitution. The provision was ultimately invalidated by the Fourth District Court of Appeals, reflecting a broader tension between protecting fathers' rights and safeguarding mothers' privacy. The legislature's repeal of the notice requirement and the establishment of a voluntary putative father registry marked a shift toward balancing these interests while respecting reproductive autonomy.
Annotated Legal Bibliography On Gender
Annotated Legal Bibliography On Gender
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Choosing Liberty Over Equality And Sacrificing Both: Equal Protection And Due Process In Lawrence V. Texas, Andrew J. Seligsohn
Choosing Liberty Over Equality And Sacrificing Both: Equal Protection And Due Process In Lawrence V. Texas, Andrew J. Seligsohn
Cardozo Journal of Equal Rights & Social Justice
The article critiques the Supreme Court's decision in Lawrence v. Texas, arguing that the Court's reliance on substantive due process under the Due Process Clause, rather than the Equal Protection Clause, undermines the broader equality concerns faced by the LGBTQ+ community. By prioritizing liberty over equality, the Court missed an opportunity to establish a more robust legal foundation for future LGBTQ+ rights, leaving the decision vulnerable to challenge and failing to address the systemic discrimination against gays and lesbians.
Table Of Contents - Cardozo Women's Law Journal, Vol. 10, Iss. 3
Table Of Contents - Cardozo Women's Law Journal, Vol. 10, Iss. 3
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Toward Mythos And Mythology: Applying A Feminist Critique To Legal Education To Effectuate A Socialization Of Both Sexes In Law School Classrooms, Pollybeth Proctor
Toward Mythos And Mythology: Applying A Feminist Critique To Legal Education To Effectuate A Socialization Of Both Sexes In Law School Classrooms, Pollybeth Proctor
Cardozo Journal of Equal Rights & Social Justice
The article critiques the current state of legal education and the legal profession, arguing that they suffer from a decline in ethical standards, public service, and empathy. It proposes a feminist-inspired reform agenda to address these issues by incorporating values such as collaboration, context, emotions, ethics, and empathy into legal training. The analysis highlights the limitations of traditional teaching methods, particularly the Socratic method, which fosters an adversarial and narrow approach to legal reasoning. The article advocates for a balanced approach that integrates both rational and emotional intelligence to prepare holistic practitioners who prioritize justice and service.
Supreme Court Narratives On Equality And Gender Discrimination In Employment: 1971-2002, Vicki Lens
Supreme Court Narratives On Equality And Gender Discrimination In Employment: 1971-2002, Vicki Lens
Cardozo Journal of Equal Rights & Social Justice
The article examines the Supreme Court's evolving approach to gender discrimination in the workplace, particularly during the 1970s and 1980s, as it grappled with the intersection of formal and substantive equality. The Court's decisions reflected the influence of the feminist movement and broader societal shifts, addressing issues such as pregnancy-related discrimination, sexual harassment, and workplace stereotypes. While the Court often invalidated discriminatory practices, its rulings also revealed tensions in balancing equal treatment with competing interests, such as military preparedness or employer liability. The analysis highlights how the Court's narrative on gender equality was shaped by legal doctrines, cultural values, and …
Women's Rights And Children's Rights: A Partnership With Benefits For Both, Jonathan Todres
Women's Rights And Children's Rights: A Partnership With Benefits For Both, Jonathan Todres
Cardozo Journal of Equal Rights & Social Justice
The article "Women's Rights and Children's Rights: A Partnership with Benefits for Both" by Jonathan Todres explores the interconnectedness of women's and children's rights, arguing that while separate treaties like CEDAW and CRC are beneficial, a holistic approach combining both frameworks is essential for effective protection. It emphasizes that addressing issues like child prostitution in Thailand requires leveraging both women's and children's rights to create comprehensive solutions.
Patriarchy On Lockdown: Deliberate Indifference And Male Prison Rape, Olga Giller
Patriarchy On Lockdown: Deliberate Indifference And Male Prison Rape, Olga Giller
Cardozo Journal of Equal Rights & Social Justice
The note argues that the U.S. prison system perpetuates patriarchy and uses rape as a tool of social control, with the deliberate indifference standard under the Eighth Amendment failing to hold prison officials accountable for preventing sexual violence. It critiques the systemic failure to address prison rape, emphasizing its roots in patriarchal structures and the need for systemic change.