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Articles 331 - 360 of 439
Full-Text Articles in Law and Gender
Not As Simple As Learning The Abc's: A Comment On Owasso Independent School District No. I-Ol1 V. Falvo And The State Of The Family Educational Rights And Privacy Act, Randi M. Rothberg
Not As Simple As Learning The Abc's: A Comment On Owasso Independent School District No. I-Ol1 V. Falvo And The State Of The Family Educational Rights And Privacy Act, Randi M. Rothberg
Cardozo Journal of Equal Rights & Social Justice
The article examines the Supreme Court's rulings in Falvo and Owasso, which determined that peer grading practices do not violate FERPA as the records involved are not classified as education records. This highlights significant implications for student privacy rights and underscores the need for clarifying FERPA's definitions to prevent future legal disputes.
Victimizing The Victim: Evicting Domestic Violence Victims From Public Housing Based On The Zero-Tolerance Policy, Tara M. Vrettos
Victimizing The Victim: Evicting Domestic Violence Victims From Public Housing Based On The Zero-Tolerance Policy, Tara M. Vrettos
Cardozo Journal of Equal Rights & Social Justice
The note argues that zero-tolerance eviction policies in public housing, authorized under federal law, unjustly penalize domestic violence victims by evicting them for crimes committed by others, including their abusers. These policies, upheld by the Supreme Court in Rucker, disproportionately harm low-income women, pushing them into homelessness and perpetuating cycles of abuse. The note advocates for a nuanced, case-specific approach to balance public safety and tenant rights, drawing parallels to child custody cases where victims are similarly blamed. It calls for federal reform to protect domestic violence survivors and end their victimization by the legal system.
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.
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.
The Dangers Of Mediation In Domestic Violence Cases, Sarah Krieger
The Dangers Of Mediation In Domestic Violence Cases, Sarah Krieger
Cardozo Journal of Equal Rights & Social Justice
The note argues that mandatory mediation in family law cases involving domestic violence undermines the progress made by the battered women's movement by re-privatizing domestic violence issues. Mediation, while intended to resolve disputes amicably, fails to address the inherent power imbalance in abusive relationships and risks further victimizing survivors. The privatization of these disputes through mediation diminishes accountability for abusers and erodes legal protections for victims.
Table Of Contents - Cardozo Women's Law Journal, Vol. 7, Iss. 2
Table Of Contents - Cardozo Women's Law Journal, Vol. 7, Iss. 2
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Masthead, Cardozo Women's Law Journal, Vol. 8 (2001-02)
Masthead, Cardozo Women's Law Journal, Vol. 8 (2001-02)
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Women's Annotated Legal Bibliography
Women's Annotated Legal Bibliography
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Table Of Contents - Cardozo Women's Law Journal, Vol. 8, Iss. 1
Table Of Contents - Cardozo Women's Law Journal, Vol. 8, Iss. 1
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Betraying Women In The Name Of Revolution: Violence Against Women As An Obstacle To Democratic Nation-Building In South Africa, Suzanne A. Kim
Betraying Women In The Name Of Revolution: Violence Against Women As An Obstacle To Democratic Nation-Building In South Africa, Suzanne A. Kim
Cardozo Journal of Equal Rights & Social Justice
The article examines the contradiction between the formal legal advancements in gender equality and the persistent epidemic of violence against women in post-apartheid South Africa. Despite the African National Congress' (ANC) commitment to gender equality and the inclusion of women in political processes, the reality of widespread violence against women undermines the nation's democratic ideals and highlights the failure to address gender concerns within the broader nationalist agenda.
The Braided Uproar: A Defense Of My Sister's Hair And A Contemporary Indictment Of Rogers V. American Airlines, Michelle L. Turner
The Braided Uproar: A Defense Of My Sister's Hair And A Contemporary Indictment Of Rogers V. American Airlines, Michelle L. Turner
Cardozo Journal of Equal Rights & Social Justice
The article examines the discriminatory impact of employer-mandated grooming policies, particularly those prohibiting braided hairstyles, on Black women, using the case of Renee Rogers v. American Airlines as a focal point. It critiques the court's dismissal of Rogers' claims, arguing that such policies reflect systemic racism and sexism embedded in White beauty norms. The author advocates for legal reforms, including amending Title VII to recognize intersecting race and gender discrimination, and adopting a pluralist approach to cultural expression in the workplace.
Drug Tests, Arrests & Fetuses: A Comment On The U.S. Supreme Court's Narrow Opinion In Ferguson V. City Of Charleston, Brigitte M. Nahas
Drug Tests, Arrests & Fetuses: A Comment On The U.S. Supreme Court's Narrow Opinion In Ferguson V. City Of Charleston, Brigitte M. Nahas
Cardozo Journal of Equal Rights & Social Justice
The article examines the Supreme Court's decision in Ferguson v. City of Charleston, where the Court ruled that a hospital's drug-testing policy for pregnant patients violated the Fourth Amendment. The analysis critiques the Court's narrow opinion for failing to provide clear guidance on future drug-testing policies, while emphasizing the unconstitutionality of using such policies primarily for law enforcement purposes. The author argues that the decision leaves unresolved questions about the balance between government interests and women's privacy and reproductive rights, particularly in the context of prenatal care and drug use.
Has The Computer Revolution Placed Our Children In Danger? A Closer Look At The Child Pornography Prevention Act Of 1996, Alison R. Gladowsky
Has The Computer Revolution Placed Our Children In Danger? A Closer Look At The Child Pornography Prevention Act Of 1996, Alison R. Gladowsky
Cardozo Journal of Equal Rights & Social Justice
The note examines the constitutionality of the Child Pornography Prevention Act of 1996 (CPPA), focusing on its expansion of child pornography definitions to include virtual images. It argues that the CPPA is a necessary measure to protect children from exploitation, despite First Amendment challenges, and advocates for its constitutionality based on compelling government interests.
Taming The Pernicious Creature That Is § 523(A) (15) Of The United States Bankruptcy Code, Jeffrey Margolin
Taming The Pernicious Creature That Is § 523(A) (15) Of The United States Bankruptcy Code, Jeffrey Margolin
Cardozo Journal of Equal Rights & Social Justice
The note examines the complexities of Section 523a(15) of the U.S. Bankruptcy Code, focusing on the dischargeability of debts related to divorce, particularly property settlements. It critiques the legal handling of such debts, emphasizing the need for a more equitable approach. The analysis highlights historical context, judicial interpretations, and the impact of burden of proof placement on ex-spouses, especially women, advocating for a consistent and fair application of the law to balance the interests of debtors and creditors.
In-Prison Day Care: A Correctional Alternative For Women Offenders, Jessica Y. Kim
In-Prison Day Care: A Correctional Alternative For Women Offenders, Jessica Y. Kim
Cardozo Journal of Equal Rights & Social Justice
The note argues that traditional incarceration of mothers can have detrimental effects on both the women and their children, advocating for alternative correctional methods such as in-prison day care programs. These alternatives aim to maintain the mother-child bond, reduce recidivism, and mitigate the negative societal impacts of separating mothers from their children.
One For My Baby, One More For The Road: Legislation And Counseling To Prevent Prenatal Exposure To Alcohol, James Drago
One For My Baby, One More For The Road: Legislation And Counseling To Prevent Prenatal Exposure To Alcohol, James Drago
Cardozo Journal of Equal Rights & Social Justice
The note examines the legal and ethical implications of balancing fetal rights with maternal autonomy, particularly in cases where pregnant women consume alcohol, potentially harming the fetus. It argues that while fetal rights have gained recognition in tort law, criminalizing maternal conduct raises constitutional concerns, including privacy and equal protection. The analysis advocates for a balanced approach, combining moderate criminal sanctions with education and support programs to protect fetal health while respecting women's rights.
Fetal Neglect And State Intervention: Preventing Another Attleboro Cult Baby Death, Marilyn L. Miller
Fetal Neglect And State Intervention: Preventing Another Attleboro Cult Baby Death, Marilyn L. Miller
Cardozo Journal of Equal Rights & Social Justice
The note examines the legal and ethical implications of the Rebecca Corneau case, where the state intervened in her pregnancy due to concerns about the viability of her fetus and her refusal of medical care based on religious beliefs. The court balanced Corneau's constitutional rights against the state's interest in protecting the fetus, ultimately prioritizing the latter. This decision highlights the tension between individual autonomy, religious freedom, and fetal rights, raising significant questions about the limits of state intervention in pregnancy.
Expedited Hiv Testing: An Unnecessary Test That Is Allowing The State To Trample On A Woman's Constitutional Rights, Sheree Gootzeit
Expedited Hiv Testing: An Unnecessary Test That Is Allowing The State To Trample On A Woman's Constitutional Rights, Sheree Gootzeit
Cardozo Journal of Equal Rights & Social Justice
The note argues that New York's expedited HIV testing for pregnant women is unconstitutional, ineffective, and invasive, violating Fourth Amendment rights and offering no significant benefits over existing laws. It asserts that the testing infringes on privacy, bodily integrity, and informed consent, while alternative methods like urine testing could achieve the same goals without such violations. The analysis emphasizes the need to protect women's rights during vulnerable periods while maintaining public health standards.
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. 7 (2000-01)
Masthead - Cardozo Women's Law Journal, Vol. 7 (2000-01)
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Table Of Contents - Cardozo Women's Law Journal, Vol. 7, Iss. 1
Table Of Contents - Cardozo Women's Law Journal, Vol. 7, Iss. 1
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Criminal And Civil Parental Liability Statutes: Would They Have Saved The 15 Who Died At Columbine?, Eric P. Ebenstein
Criminal And Civil Parental Liability Statutes: Would They Have Saved The 15 Who Died At Columbine?, Eric P. Ebenstein
Cardozo Journal of Equal Rights & Social Justice
The note argues that current parental liability statutes in the United States are insufficient to hold parents accountable for their children's violent acts, such as the Columbine High School massacre. It advocates for strengthening these laws, particularly by adopting a negligence standard, to incentivize parents to monitor their children's activities more effectively and prevent such tragedies.
Liberal Discovery Of Non-Party Records: In Defense Of The Defense, Melissa E. Rosenthal
Liberal Discovery Of Non-Party Records: In Defense Of The Defense, Melissa E. Rosenthal
Cardozo Journal of Equal Rights & Social Justice
The note advocates for the liberal discovery of nonparty records, such as IQ test results and medical records, in lead paint poisoning cases in New York. It argues that allowing such discovery aligns with the state's broad discovery policies under CPLR 3101(a) and promotes fairness and efficiency in litigation. The author contends that the current per se ban on discovering these records is inconsistent and unfair, particularly for defendants in the First Department, where such discovery is prohibited. The analysis emphasizes the need for a balanced approach that considers relevance, privacy, and the potential for alternative causation in determining admissibility.
Parental Liability And The Criminal Misconduct Of Children In The Wake Of An Unregulated Internet: Who Should Pay?, Katherine R. Richardson
Parental Liability And The Criminal Misconduct Of Children In The Wake Of An Unregulated Internet: Who Should Pay?, Katherine R. Richardson
Cardozo Journal of Equal Rights & Social Justice
The note examines the legal and practical challenges of holding parents accountable for their children's criminal acts, particularly when influenced by internet content. It questions the effectiveness of parental liability laws and highlights the tension between child protection, parental rights, and internet regulation. While acknowledging the complexity of these issues, the note suggests that parental liability should only apply when a clear causal link exists between negligence and harm, though proving such a link is legally challenging. Ultimately, the analysis advocates for a nuanced approach to balancing these competing interests.
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. 6 (1999)
Masthead - Cardozo Women's Law Journal, Vol. 6 (1999)
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Table Of Contents - Cardozo Women's Law Journal, Vol. 6, Iss. 1
Table Of Contents - Cardozo Women's Law Journal, Vol. 6, Iss. 1
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Women In The New Millennium: The Promises Of The Past Are Now The Problems For The Millennium, Lundy R. Langston
Women In The New Millennium: The Promises Of The Past Are Now The Problems For The Millennium, Lundy R. Langston
Cardozo Journal of Equal Rights & Social Justice
The article argues that the equality principle, while intended to promote gender equality, has failed to address the unique challenges and needs of women, particularly in legal and workplace contexts. Despite advancements in women's rights, structural disparities persist, with women bearing disproportionate burdens in caregiving, employment, and legal proceedings. The analysis critiques how courts and policies often ignore the biological and societal differences between men and women, leading to outcomes that perpetuate gender inequality. The article emphasizes the need for a more nuanced approach to equality that accounts for these differences and addresses systemic power imbalances.
Sign At Your Own Risk: The "Rca" Prenuptial May Prejudice The Fairness Of Your Future Divorce Settlement, Susan Metzger Weiss
Sign At Your Own Risk: The "Rca" Prenuptial May Prejudice The Fairness Of Your Future Divorce Settlement, Susan Metzger Weiss
Cardozo Journal of Equal Rights & Social Justice
The article critiques the Rabbinical Council of America (RCA) Prenup for failing to adequately address the power imbalance in Jewish divorce law, particularly the agunah problem, where women are unable to obtain a divorce due to their husbands' refusal to grant a get. While the RCA Prenup aims to mitigate this issue, it ultimately perpetuates existing power dynamics by limiting women's access to secular legal protections. The analysis highlights alternative prenups, such as the RosenZvi Prenup, as more equitable solutions that integrate secular legal safeguards while maintaining the integrity of Jewish law.
Employers And Employees Beware: The Duties Imposed By The Recent Supreme Court Decisions And Their Impact On Sexual Harassment Law, Jill Kreisberg
Employers And Employees Beware: The Duties Imposed By The Recent Supreme Court Decisions And Their Impact On Sexual Harassment Law, Jill Kreisberg
Cardozo Journal of Equal Rights & Social Justice
The comment examines the Supreme Court's decisions in Faragher and Burlington Industries, which clarified employer liability for sexual harassment by supervisors under Title VII. The Court established that employers are vicariously liable for supervisor harassment, subject to a limited exception if the employer can demonstrate reasonable efforts to prevent misconduct and the employee unreasonably failed to utilize corrective measures. These rulings resolved conflicting lower court standards and emphasized the importance of anti-harassment policies and procedures to address workplace harassment effectively.