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Articles 271 - 300 of 440
Full-Text Articles in Law and Gender
The Myth Of Habitual Residence: Why American Courts Should Adopt The Delvoye Standard For Habitual Residence Under The Hague Convention On The Civil Aspects Of International Child Abduction, Stephen E. Schwartz
The Myth Of Habitual Residence: Why American Courts Should Adopt The Delvoye Standard For Habitual Residence Under The Hague Convention On The Civil Aspects Of International Child Abduction, Stephen E. Schwartz
Cardozo Journal of Equal Rights & Social Justice
The article critiques the challenges in determining "habitual residence" under the Hague Convention on the Civil Aspects of International Child Abduction (HCCAICA), particularly for neonates. It argues that existing standards, such as the settled purpose and Friedrich standards, are overly rigid and unsuitable for infants who cannot form intent. The Delvoye standard is proposed as a more flexible and age-appropriate solution, emphasizing mutual parental intent and adapting to the child's maturity. By adopting this standard, the article contends that courts can better align with HCCAICA's goals of preventing abduction, ensuring prompt returns, and reducing inconsistent rulings.
Table Of Contents - Cardozo Women's Law Journal, Vol. 10, Iss. 2
Table Of Contents - Cardozo Women's Law Journal, Vol. 10, Iss. 2
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Loose Not The Floodgates, Benjamin J. Cooper
Loose Not The Floodgates, Benjamin J. Cooper
Cardozo Journal of Equal Rights & Social Justice
The article examines the implications of the Supreme Court's decision in Lawrence v. Texas, which struck down sodomy laws, arguing that while the ruling was necessary, it raises concerns about the broader regulation of sexual conduct outside marriage. The author contends that such laws, despite rare enforcement, serve societal functions, including protecting marriage and providing moral boundaries that deter harmful behavior, particularly among young people.
Lawrence V. Texas: When "Profound And Deep Convictions" Collide With Liberty Interests, Nancy J. Knauer
Lawrence V. Texas: When "Profound And Deep Convictions" Collide With Liberty Interests, Nancy J. Knauer
Cardozo Journal of Equal Rights & Social Justice
The article examines the Supreme Court's landmark decision in Lawrence v. Texas, which overturned Bowers v. Hardwick and invalidated a Texas sodomy law criminalizing same-sex intimacy. The author argues that Lawrence not only advanced individual liberty interests but also marked a significant shift in the legal and cultural recognition of homosexuality, moving beyond earlier frameworks that criminalized or marginalized gay individuals. The decision reflects broader societal changes in understanding same-sex relationships and challenges the use of moral disapproval as a basis for legal restrictions on consensual adult conduct.
Is Incest Next?, Brett H. Mcdonnell
Is Incest Next?, Brett H. Mcdonnell
Cardozo Journal of Equal Rights & Social Justice
The article examines whether the Supreme Court's decision in Lawrence v. Texas, which invalidated sodomy laws, might lead to the legalization of consensual adult incest. While the decision could theoretically create a precedent for challenging incest laws, the author argues that such an outcome is unlikely due to significant legal, social, and political differences between sodomy and incest.
The Shag-A-Delic Supreme Court: "Anal Sex," "Mystery," "Destiny," And The "Transcendent" In Lawrence V. Texas, Richard D. Mohr
The Shag-A-Delic Supreme Court: "Anal Sex," "Mystery," "Destiny," And The "Transcendent" In Lawrence V. Texas, Richard D. Mohr
Cardozo Journal of Equal Rights & Social Justice
The article critiques Justice Anthony Kennedy's majority opinion in Lawrence v. Texas for its lack of clarity and robust constitutional framework. While the decision overturned Texas's sodomy law, the author argues that Kennedy's reasoning conflated liberty and equality rights, relied on vague language, and failed to establish a clear legal standard, undermining its potential to provide strong protection for LGBTQ+ rights.
The Missing Word In Lawrence V. Texas, Ruthann Robson
The Missing Word In Lawrence V. Texas, Ruthann Robson
Cardozo Journal of Equal Rights & Social Justice
The article critiques the Supreme Court's decision in Lawrence v. Texas for omitting a crucial acknowledgment: an apology for the harm caused by its previous ruling in Bowers v. Hardwick. While Lawrence overturned the unconstitutional sodomy law, the Court's opinion neglected to address the profound suffering and discrimination endured by LGBTQ+ individuals due to *Bowers*. The author argues that an apology is essential to acknowledge the pain inflicted and to provide closure for those affected.
Annotated Legal Bibliography On Gender
Annotated Legal Bibliography On Gender
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
It's Not All In My Head: The Harm Of Rape And The Prison Litigation Reform Act, Deborah M. Golden
It's Not All In My Head: The Harm Of Rape And The Prison Litigation Reform Act, Deborah M. Golden
Cardozo Journal of Equal Rights & Social Justice
The article argues that the Prison Litigation Reform Act (PLRA)'s requirement of a physical injury for prisoners to seek damages for mental or emotional harm creates a significant barrier for rape victims, particularly women, in pursuing justice. The author advocates for amending the PLRA to explicitly recognize rape as a compensable injury, ensuring that victims can seek redress without unnecessary procedural hurdles.
Challenging Dissent: The Ontology And Logic Of Lawrence V. Texas, Jami Weinstein, Tobyn Demarco
Challenging Dissent: The Ontology And Logic Of Lawrence V. Texas, Jami Weinstein, Tobyn Demarco
Cardozo Journal of Equal Rights & Social Justice
The article examines the Supreme Court's decision in Lawrence v. Texas, which invalidated a Texas antisodomy statute criminalizing homosexual conduct. The Court held that the statute failed rational basis review and rejected the promotion of majoritarian sexual morality as a legitimate state interest. The decision reflects a broader recognition of the fundamental right to make autonomous, private, consensual, adult sexual choices. The analysis critiques Justice Scalia's dissent, arguing that his fears about the end of morals legislation are unfounded and that laws based solely on moral disapproval lack a rational basis.
Introducing Lawrence V. Texas: Some Background And A Glimpse Of The Future, Edward Stein
Introducing Lawrence V. Texas: Some Background And A Glimpse Of The Future, Edward Stein
Cardozo Journal of Equal Rights & Social Justice
The article explores the landmark Supreme Court case Lawrence v. Texas (2003), which overturned the Court's earlier decision in Bowers v. Hardwick and struck down a Texas sodomy law criminalizing consensual same-sex intimacy. The ruling significantly advanced LGBTQ+ rights by affirming privacy rights under the Due Process Clause and laying groundwork for future equal protection challenges to laws discriminating based on sexual orientation. The decision's implications extend beyond privacy rights, influencing debates on same-sex marriage, adoption, and other areas of sexual orientation discrimination.
Lawrence And Garner: The Love (Or At Least Sexual Attraction) That Finally Dared Speak Its Name, Paris R. Baldacci
Lawrence And Garner: The Love (Or At Least Sexual Attraction) That Finally Dared Speak Its Name, Paris R. Baldacci
Cardozo Journal of Equal Rights & Social Justice
The article examines the legal evolution from *Bowers v. Hardwick* to Lawrence v. Texas, highlighting how the latter marked a pivotal shift in recognizing LGBTQ+ rights by emphasizing personal autonomy and dignity. It underscores the significance of narrative strategies in shaping judicial decisions, particularly in *Lawrence*, where the plaintiffs' personal stories influenced the Court's ruling.
A Woman's Climb Up The Law School Ladder, Autumn Mesa
A Woman's Climb Up The Law School Ladder, Autumn Mesa
Cardozo Journal of Equal Rights & Social Justice
The article examines the challenges women face in law school, arguing that the hierarchical and male-dominated structure of legal education creates significant barriers for female students. It contends that women are disproportionately affected by the competitive and often hostile environment, which can lead to feelings of alienation, lower self-esteem, and a struggle to maintain their unique perspectives. The author advocates for systemic change in legal academia to create a more inclusive environment that values diversity and supports female success.
Defining Feminism, Defining Feminisms, Reginald Oh
Defining Feminism, Defining Feminisms, Reginald Oh
Cardozo Journal of Equal Rights & Social Justice
The article argues that the struggle for liberation and recognition of subordinated groups, including women and racial minorities, hinges on their ability to define their own realities and experiences. It emphasizes the importance of moving beyond oppressive frameworks that treat individuals as objects ("I-It" relationships) and toward mutual recognition and respect ("I-Thou" relationships). The author advocates for inclusive feminist theories that account for diverse experiences and reject essentialism, promoting a multidimensional understanding of subordination and liberation.
Sexism Is A "Family Value", Kimberly Charles
Sexism Is A "Family Value", Kimberly Charles
Cardozo Journal of Equal Rights & Social Justice
The article argues that sexism is an inherent and underlying value in the discourse of the Christian Coalition of America, a prominent Right-Wing group. Rooted in Fundamentalist Christianity, the Coalition's "family values" agenda perpetuates a society of domination, where male authority and control over women are justified as natural and ordained by God. This ideology is evident in their political activism, legal advocacy, and social policies, which systematically undermine women's rights and reinforce gender inequality.
Hockey-Boys, Ice Princesses, Gender Values & The Practice Of Equality, Karin Grahn
Hockey-Boys, Ice Princesses, Gender Values & The Practice Of Equality, Karin Grahn
Cardozo Journal of Equal Rights & Social Justice
The article explores the persistence of gender inequalities in traditionally male-dominated fields, drawing parallels between law and sports. It highlights how gender values and norms perpetuate disparities, even in female-dominated activities like figure skating, despite formal commitments to equality. The author argues that while structural changes have increased women's participation, qualitative equality remains elusive due to entrenched male norms and values.
Defining The Movement: Parallels Between Feminism And Environmentalism, Alice Kaswan
Defining The Movement: Parallels Between Feminism And Environmentalism, Alice Kaswan
Cardozo Journal of Equal Rights & Social Justice
The article explores the evolution of the feminist and environmental movements by incorporating diverse voices, highlighting the importance of anti-essentialism and intersectionality. It draws parallels between how both movements have expanded their definitions to address broader social justice issues, moving beyond initial narrow focuses.
A Bad Subject, Daria Roithmayr
A Bad Subject, Daria Roithmayr
Cardozo Journal of Equal Rights & Social Justice
The article explores the concept of the "bad subject" in legal discourse, arguing that women are often categorized as such because they do not fit the legal definition of a "good subject," which requires full autonomy and self-direction. Women's experiences, influenced by systemic oppression such as patriarchy and racism, complicate this binary, leading to their exclusion from legal protections and recognition of their agency.
Table Of Contents - Cardozo Women's Law Journal, Vol. 9, Iss. 2
Table Of Contents - Cardozo Women's Law Journal, Vol. 9, Iss. 2
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
A Closed Mind Is A Wonderful Thing To Lose, Ruth Arlene Howe
A Closed Mind Is A Wonderful Thing To Lose, Ruth Arlene Howe
Cardozo Journal of Equal Rights & Social Justice
The preface emphasizes the importance of maintaining an open mind, particularly in legal education, by highlighting the value of diverse perspectives and collaborative approaches to teaching and learning. It praises the teaching methods of Maria Grahn-Farley, who fosters a cooperative and respectful environment that encourages students to engage with differing viewpoints. The preface suggests that such an approach not only enhances the educational experience but also serves as a model for others to emulate.
To Do Feminist Legal Theory, Maria Grahn-Farley
To Do Feminist Legal Theory, Maria Grahn-Farley
Cardozo Journal of Equal Rights & Social Justice
The forword explores the meaning and practice of Feminist Legal Theory through a symposium that challenges traditional hierarchies in legal education. It emphasizes the importance of solidarity, activism, and centering marginalized voices, particularly those of women and students, to question and dismantle systemic oppression. The symposium serves as a space for students and scholars to collaborate, with students' work at the core, highlighting the need to integrate diverse perspectives and lived experiences into legal academia.
Women Of Color-What Their Voices Teach Us, Jacqueline Mertz
Women Of Color-What Their Voices Teach Us, Jacqueline Mertz
Cardozo Journal of Equal Rights & Social Justice
The article argues that white feminists must learn from the experiences of women of color to build a more inclusive and effective feminist movement. It emphasizes the importance of addressing the multiple oppressions faced by women of color, including racism, sexism, and national oppression, and critiques the historical failure of the white feminist movement to support women of color.
The Law Is Straight And Narrow, How American Courts Define Families, Elisa Laird
The Law Is Straight And Narrow, How American Courts Define Families, Elisa Laird
Cardozo Journal of Equal Rights & Social Justice
The article argues that American law is inherently biased toward traditional heterosexual family structures, creating significant barriers for same-sex couples and non-traditional families seeking legal recognition and rights. The legal system's "straight and narrow" framework often excludes these families from accessing benefits and protections granted to heterosexual families, reflecting deeply entrenched religious and historical influences.
Invisible Targets: Juvenile Prostitution, Crackdown Legislation, And The Example Of California, Pantea Javidan
Invisible Targets: Juvenile Prostitution, Crackdown Legislation, And The Example Of California, Pantea Javidan
Cardozo Journal of Equal Rights & Social Justice
The article examines the contradiction in California's legal framework where minors are criminalized for prostitution under California Penal Code section 647(b), despite being legally incapable of consenting to sex. It argues that such laws fail to protect child prostitutes, who are often victims of exploitation, and instead perpetuate their harm by punishing them rather than addressing the root causes of their situation.
The Silencing Of A Woman's Choice: Mandatory Arrest And No Drop Prosecution Policies In Domestic Violence Cases, Jessica Dayton
The Silencing Of A Woman's Choice: Mandatory Arrest And No Drop Prosecution Policies In Domestic Violence Cases, Jessica Dayton
Cardozo Journal of Equal Rights & Social Justice
The article critiques mandatory arrest and no-drop prosecution policies in domestic violence cases, arguing that these policies undermine the autonomy of women by taking away their right to make decisions about their own safety and legal actions. The author advocates for a more flexible, victim-centered approach that respects each woman's unique circumstances and empowers her to make informed choices.
The Closet Becomes Darker For The Abused: A Perspective On Lesbian Partner Abuse, Marnie J. Franklin
The Closet Becomes Darker For The Abused: A Perspective On Lesbian Partner Abuse, Marnie J. Franklin
Cardozo Journal of Equal Rights & Social Justice
The article argues that lesbian partner abuse is systematically overlooked in both academic discourse and legal systems, which predominantly rely on heteronormative frameworks that fail to account for same-sex relationships. This exclusion perpetuates the marginalization of abused lesbians, who face unique barriers due to societal homophobia, internalized shame, and the legal system's reliance on heterosexual models of domestic violence.
La Mujer Argentina Que Soy Yo/The Argentinean Woman That I Am, Maria-Victoria Castro
La Mujer Argentina Que Soy Yo/The Argentinean Woman That I Am, Maria-Victoria Castro
Cardozo Journal of Equal Rights & Social Justice
The article explores the tension Argentinean women face between traditional cultural and religious expectations and their aspirations for modern roles, highlighting the systemic barriers and cultural norms that limit their progress. The author, drawing from personal experience and historical analysis, argues for the need to redefine gender roles and challenge oppressive structures to achieve true equality.
Images Of Women Lawyers: Over-Representation Of Their Femininity In Media, Victoria Alexeeva
Images Of Women Lawyers: Over-Representation Of Their Femininity In Media, Victoria Alexeeva
Cardozo Journal of Equal Rights & Social Justice
The article critiques the portrayal of women lawyers in the media, particularly through the character Ally McBeal, arguing that her depiction overemphasizes femininity and emotional instability, perpetuating harmful stereotypes that undermine the progress of women in the legal profession.
Title Vii Limitations-Keeping The Workplace Hostile, Diane Gentry
Title Vii Limitations-Keeping The Workplace Hostile, Diane Gentry
Cardozo Journal of Equal Rights & Social Justice
The article argues that Title VII of the Civil Rights Act, as currently interpreted and applied, fails to effectively address workplace sexism and harassment because its legal framework is rooted in patriarchal assumptions. The statute's focus on sexual harassment often overlooks broader gender-based discrimination, leaving many women without adequate legal recourse. The article contends that the law perpetuates male-dominated work cultures by narrowly defining actionable harassment and requiring proof of unwelcome behavior, which places undue burdens on victims.
Caution: Men At Work, Ekee Ehrlich
Caution: Men At Work, Ekee Ehrlich
Cardozo Journal of Equal Rights & Social Justice
The article highlights the challenges faced by pregnant women in the workplace, emphasizing the discrimination and gender stereotypes they encounter. Through the author's personal experience, it illustrates how societal expectations and workplace policies often fail to accommodate pregnant employees, leading to potential discrimination and undue stress.