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Articles 301 - 330 of 440
Full-Text Articles in Law and Gender
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.
Intimate Violence As Intimate: The Journey And A Path, Linda G. Mills
Intimate Violence As Intimate: The Journey And A Path, Linda G. Mills
Cardozo Journal of Equal Rights & Social Justice
The article critiques the mainstream feminist approach to domestic violence, which frames it as a legal issue to be addressed primarily through the criminal justice system. It argues that this narrow formulation fails to account for the complexities and intimacies of domestic violence, particularly for marginalized groups like lesbians and reluctant victims. The author advocates for moving beyond legal solutions and embracing more nuanced, case-specific approaches that prioritize the unique needs and voices of those affected by intimate violence.
Bad Subjects: The Practice Of Theory And The Constitution Of Identity In Legal Culture, Angela P. Harris
Bad Subjects: The Practice Of Theory And The Constitution Of Identity In Legal Culture, Angela P. Harris
Cardozo Journal of Equal Rights & Social Justice
The article explores the intersection of legal culture and identity politics, arguing that while the law symbolically includes marginalized groups, it often perpetuates their subjugation. It emphasizes the role of theory and practice in transforming these dynamics, advocating for a more inclusive and democratic society where subaltern voices are truly heard and valued.
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.
To Do Is To Be, Zanita E. Fenton
To Do Is To Be, Zanita E. Fenton
Cardozo Journal of Equal Rights & Social Justice
The article emphasizes the importance of action and solidarity in feminist legal theory, highlighting how "doing" feminism through theorizing, writing, and activism is essential to advancing the goals of feminism. It praises Professor Maria Grahn-Farley's work and the symposium she inspired, which showcases diverse perspectives and approaches to feminist theory. The article argues that narrative storytelling is a powerful tool for conveying experiences, fostering solidarity, and inspiring change, particularly in addressing violence and oppression.
Cassiopeia, Anthony Paul Farley
Cassiopeia, Anthony Paul Farley
Cardozo Journal of Equal Rights & Social Justice
The article argues that sexism functions as an orientation, akin to racism, shaping how individuals navigate societal and legal structures. It posits that the legal system is inherently hierarchical, perpetuating a "man-over-woman" dynamic that is deeply ingrained in juridical space. The author advocates for feminist legal theory as a means to reorient oneself within these structures, emphasizing the need to challenge and transform the systemic hierarchies that perpetuate inequality. The essayists in the symposium exemplify this reorientation by navigating toward alternative constellations of thought, symbolized by Cassiopeia, to create more equitable forms of human association.
Creating A New Tango: Re-Imagining Gender, Phyllis Goldfarb
Creating A New Tango: Re-Imagining Gender, Phyllis Goldfarb
Cardozo Journal of Equal Rights & Social Justice
The article explores how feminist legal theory is applied and developed through case studies and media analysis, emphasizing the interplay between theory and practice. It highlights the need to challenge traditional gender hierarchies and the role of media in shaping gender perceptions, advocating for a reimagined understanding of gender roles.
Does Nothing Ever Change; Is Everything New? Comments On The "To Do Feminist Legal Theory" Symposium, Keith Aoki
Does Nothing Ever Change; Is Everything New? Comments On The "To Do Feminist Legal Theory" Symposium, Keith Aoki
Cardozo Journal of Equal Rights & Social Justice
The article reflects on the "To Do Feminist Legal Theory" symposium, noting a sense of déjà vu due to the persistence of illegitimate hierarchies in the legal system. Despite this, the symposium offers fresh perspectives, emphasizing the need for multidimensional analyses of oppression and challenging single-axis frameworks. It highlights the importance of continuous critique and action within legal academia and practice to address intersecting forms of subordination.
The Fault Lines Of Domestic Violence Enforcement, Josephine Ross
The Fault Lines Of Domestic Violence Enforcement, Josephine Ross
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Masthead - Cardozo Women's Law Journal, Vol. 10 (2003-04)
Masthead - Cardozo Women's Law Journal, Vol. 10 (2003-04)
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Table Of Contents - Cardozo Women's Law Journal, Vol. 10, Iss. 1
Table Of Contents - Cardozo Women's Law Journal, Vol. 10, Iss. 1
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
"What Is" And "What Should Be" An Empirical Study Of Gender Issues At Gonzaga University School Of Law, Cara L. Nord
"What Is" And "What Should Be" An Empirical Study Of Gender Issues At Gonzaga University School Of Law, Cara L. Nord
Cardozo Journal of Equal Rights & Social Justice
The article examines the gender disparities and challenges faced by female students and faculty at Gonzaga University School of Law, highlighting the need for systemic changes to align the institution’s practices with its mission and legal obligations under Title IX. While the school has made progress in increasing female enrollment, significant gaps persist in faculty representation, classroom participation, and the overall gender-inclusive environment. The study calls for concrete measures to address these issues, including hiring more female faculty, fostering equitable classroom dynamics, and implementing annual gender studies to monitor progress.
From Genes, Marriage And Money To Nurture: Redefining Fatherhood, Nancy E. Dowd
From Genes, Marriage And Money To Nurture: Redefining Fatherhood, Nancy E. Dowd
Cardozo Journal of Equal Rights & Social Justice
The essay argues that fatherhood should be redefined based on nurturing actions rather than genetic or marital status. It critiques the increasing reliance on genetic ties for legal definitions and advocates for a shift towards recognizing fatherhood through active caregiving and emotional support, emphasizing the importance of nurturing over economic roles.
How The Overturn Of The Child Pornography Prevention Act Under Ashcroft V. Free Speech Coalition Contributes To The Protection Of Children, Emily D. Goldberg
How The Overturn Of The Child Pornography Prevention Act Under Ashcroft V. Free Speech Coalition Contributes To The Protection Of Children, Emily D. Goldberg
Cardozo Journal of Equal Rights & Social Justice
The note examines the Supreme Court's decision in Ashcroft v. Free Speech Coalition, which struck down portions of the Child Pornography Prevention Act (CPPA) as unconstitutional under the First Amendment. The Court ruled that the CPPA's ban on virtual child pornography was overbroad, as it prohibited lawful speech that could have artistic, literary, or scientific value. The decision highlights the tension between protecting children from exploitation and safeguarding free speech, ultimately emphasizing the importance of allowing narratives that confront and address difficult issues like child sexual abuse.
Proposing An Amendment To Article 81 To Allow Invalidation Of Wills As Part Of, Or Subsequent To, A Proceeding For Appointment Of A Guardian, Jody Saltzman
Cardozo Journal of Equal Rights & Social Justice
The note examines the legal challenges surrounding the revocation of Wills and Powers of Attorney, particularly in cases involving individuals with dementia. It argues that current legal frameworks, such as New York's postmortem probate system, often fail to address issues of testamentary capacity and undue influence effectively. The analysis highlights the significance of the In re Ruby Slater case, which demonstrates the potential benefits of allowing Will revocations under Article 81 guardianship proceedings. The note advocates for legal reforms to improve the handling of such cases, ensuring greater certainty for testators and protecting vulnerable individuals from exploitation.
Annotated Legal Bibliography On Gender
Annotated Legal Bibliography On Gender
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Breastfeeding Or Bust: The Need For Legislation To Protect A Mother's Right To Express Breast Milk At Work, Elissa Aaronson Goodman
Breastfeeding Or Bust: The Need For Legislation To Protect A Mother's Right To Express Breast Milk At Work, Elissa Aaronson Goodman
Cardozo Journal of Equal Rights & Social Justice
The note argues that current federal legislation, including Title VII, the ADA, and the FMLA, fails to adequately protect women's rights to express breast milk in the workplace. It advocates for a federal statute specifically addressing this issue, as existing laws are insufficient due to narrow interpretations and lack of explicit protections. The note emphasizes the importance of breastfeeding for infant health and maternal well-being, while also highlighting the benefits for employers, such as reduced absenteeism and healthcare costs. Without federal legislation, women face significant barriers to expressing breast milk at work, perpetuating disparities in breastfeeding rates.
Democracy Realized One Classroom At A Time, Peter Goodrich
Democracy Realized One Classroom At A Time, Peter Goodrich
Cardozo Journal of Equal Rights & Social Justice
The article critiques the traditional hierarchy and exclusivity of legal academic publishing, particularly in law reviews, by exploring the radical potential of publishing student seminar contributions. It argues that such collective expression challenges the conventional norms of legal scholarship, democratizes the classroom, and reimagines the relationship between teachers and students. The symposium discussed in the article exemplifies this shift, showcasing diverse voices and experiences that disrupt the homogeneous style and substance of traditional legal publishing.
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.
The New Labor Market For Lawyers: Will Female Lawyers Still Earn Less?, Joni Hersch
The New Labor Market For Lawyers: Will Female Lawyers Still Earn Less?, Joni Hersch
Cardozo Journal of Equal Rights & Social Justice
The article examines the persistent gender pay gap in the legal profession, despite women's increased representation, and identifies key factors contributing to this disparity. It highlights how structural and societal factors, such as work hours, family responsibilities, and discrimination, play significant roles. The analysis suggests that while younger cohorts show signs of narrowing the gap, systemic barriers and biases continue to affect women's earnings and career advancement. The study underscores the need for policies addressing these inequities to ensure equal opportunities and pay.
Using Excited Utterances To Prosecute Domestic Violence In New York: The Door Opens Wide, Or Just A Crack?, Brooks Holland
Using Excited Utterances To Prosecute Domestic Violence In New York: The Door Opens Wide, Or Just A Crack?, Brooks Holland
Cardozo Journal of Equal Rights & Social Justice
The article discusses the use of excited utterances as a hearsay exception in domestic violence prosecutions, particularly in the case of *People v. Lopez*. It highlights how this precedent allows prosecutors to use such statements without the complainant's testimony, which is crucial in cases where victims often refuse to cooperate. The author cautions against over-reliance on this exception, emphasizing the need to balance the prosecution's interests with the defendant's right to confront their accuser under the Confrontation Clause.
Most Influential Woman In The Law Award, Cardozo Women's Law Journal
Most Influential Woman In The Law Award, Cardozo Women's Law Journal
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Table Of Contents - Cardozo Women's Law Journal, Vol. 8, Iss. 2
Table Of Contents - Cardozo Women's Law Journal, Vol. 8, Iss. 2
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Immigration Sponsorship Rights For Gay And Lesbian Couples: Defining Partnerships, Desiree Alonso
Immigration Sponsorship Rights For Gay And Lesbian Couples: Defining Partnerships, Desiree Alonso
Cardozo Journal of Equal Rights & Social Justice
The note advocates for the passage of the Permanent Partners Immigration Act (PPIA) to address the inequality faced by same-sex couples in U.S. immigration law. It argues that the PPIA would provide a parallel system allowing same-sex partners to sponsor each other for immigration without challenging the traditional definition of marriage under the Defense of Marriage Act (DOMA). The note emphasizes the importance of recognizing same-sex partnerships to uphold the principle of family reunification and equality.
A Question Of Revenge: Munchausen Syndrome By Proxy And A Proposed Diminished Capacity Defense For Homicidal Mothers, E. Selene Steelman
A Question Of Revenge: Munchausen Syndrome By Proxy And A Proposed Diminished Capacity Defense For Homicidal Mothers, E. Selene Steelman
Cardozo Journal of Equal Rights & Social Justice
The note argues that Munchausen Syndrome by Proxy (MSBP) should be legally recognized as a severe mental disorder, allowing defendants to use a diminished capacity defense in cases of accidental filicide. The author critiques the legal system's inconsistent treatment of MSBP, which often focuses on the physical harm to the child while neglecting the mother's mental state. By acknowledging MSBP as a psychiatric disorder, the law could achieve more nuanced outcomes that consider both the act and the defendant's mental condition, reducing stigma and promoting fairness in criminal liability assessments.
Women's Annotated Legal Bibliography
Women's Annotated Legal Bibliography
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Masthead - Cardozo Women's Law Journal, Vol. 9 (2002-03)
Masthead - Cardozo Women's Law Journal, Vol. 9 (2002-03)
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Ruth Bader Ginsburg And Gender Equality: A Reassessment Of Her Contribution, Melanie K. Morris
Ruth Bader Ginsburg And Gender Equality: A Reassessment Of Her Contribution, Melanie K. Morris
Cardozo Journal of Equal Rights & Social Justice
The article examines Ruth Bader Ginsburg's contributions to gender equality through her work as a scholar, advocate, and jurist, highlighting her strategic use of incrementalism and judicial restraint. Ginsburg advocated for strict scrutiny of sex-based classifications but settled for intermediate scrutiny, emphasizing the importance of strong remedies to advance gender equality.
How Should Legislation Deal With Children As The Victims And Perpetrators Of Cyberstalking?, Kimberly Wingteung Seto
How Should Legislation Deal With Children As The Victims And Perpetrators Of Cyberstalking?, Kimberly Wingteung Seto
Cardozo Journal of Equal Rights & Social Justice
The note argues that current federal and state laws are inadequate to address the growing issue of cyberstalking, particularly due to outdated legal standards and the unique challenges posed by online anonymity. It emphasizes the vulnerability of children to cyberstalking and advocates for legal reforms, increased penalties, and improved education for parents and law enforcement to effectively combat this issue.
Preventing Inequities In Divorce And Education: The Equitable Distribution Of A Career Absent An Advanced Degree Or License, Sebastian Weiss
Preventing Inequities In Divorce And Education: The Equitable Distribution Of A Career Absent An Advanced Degree Or License, Sebastian Weiss
Cardozo Journal of Equal Rights & Social Justice
The note advocates for the extension of New York's equitable distribution laws to include careers without advanced degrees or licenses as marital assets. It argues that courts should consider the enhanced earning capacity of a spouse, even when not tied to a degree or license, to prevent inequities in divorce, consistent with the principles established in cases like O'Brien v. O'Brien.