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Articles 271 - 300 of 439
Full-Text Articles in Law and Gender
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.
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. 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.
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 …
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.
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.
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.
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.
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.
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.
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.
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.
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 Andrea Yates Trial: What Is Wrong With This Picture?, Marie Galanti
The Andrea Yates Trial: What Is Wrong With This Picture?, Marie Galanti
Cardozo Journal of Equal Rights & Social Justice
The article critically examines the Andrea Yates trial, arguing that it highlights significant flaws in the legal system, media coverage, and societal attitudes toward mental illness and gender roles. The trial underscores the ambiguity in legal definitions of insanity, the unequal treatment of mothers who commit infanticide, and the problematic intersection of law and media, which can undermine justice and perpetuate harmful stereotypes. The case serves as a cautionary tale about the failure of the legal system to address mental health adequately and the media's role in sensationalizing tragedy for public consumption.
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.
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.
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.
Which Wave Are You? Comments On The Collected Essays From The Seminar "To Do Feminist Legal Theory", Deborah W. Post
Which Wave Are You? Comments On The Collected Essays From The Seminar "To Do Feminist Legal Theory", Deborah W. Post
Cardozo Journal of Equal Rights & Social Justice
The article discusses the challenges and opportunities in teaching feminist legal theory to law students, particularly those who may be entering formal education later in life. It highlights the importance of engaging students through innovative teaching methods and fostering critical thinking skills. The author reflects on their own teaching strategies, including the use of Socratic methods and the integration of feminist sensibilities, while acknowledging the risks and criticisms associated with these approaches. The central argument emphasizes the need for a restorative and redistributive vision of justice in legal education.
The Performance Of Femininity/The Perils Of Law, Kerry Rittich
The Performance Of Femininity/The Perils Of Law, Kerry Rittich
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
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.
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.
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.