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Articles 361 - 390 of 440
Full-Text Articles in Law and Gender
The Ties That Bind, Melissa F. Savage
The Ties That Bind, Melissa F. Savage
Cardozo Journal of Equal Rights & Social Justice
The note examines the evolving legal recognition of foster parents' rights, particularly focusing on the constitutional protections afforded to long-term foster parents under the Due Process Clause of the Fourteenth Amendment. It highlights the significance of the Rodriguez v. McLoughlin case, which established that foster parents who have formed strong emotional bonds with a child and are in the process of adoption may have a constitutionally protected liberty interest in their relationship. The analysis emphasizes the tension between the contractual nature of foster care and the emotional ties that develop, advocating for due process protections for long-term foster parents while …
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.
A Solomonic Decision: What Will Be The Fate Of Frozen Preembryos?, David H. Fiestal
A Solomonic Decision: What Will Be The Fate Of Frozen Preembryos?, David H. Fiestal
Cardozo Journal of Equal Rights & Social Justice
The Kass v. Kass case highlights the legal complexities surrounding disputes over frozen preembryos post-divorce, emphasizing the court's reliance on prior agreements and the need for a balanced legal framework that respects individual rights while addressing medical advancements.
Table Of Contents - Cardozo Women's Law Journal, Vol. 4, Iss. 2
Table Of Contents - Cardozo Women's Law Journal, Vol. 4, Iss. 2
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Masthead - Cardozo Women's Law Journal, Vol. 5 (1998)
Masthead - Cardozo Women's Law Journal, Vol. 5 (1998)
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Table Of Contents - Cardozo Women's Law Journal, Vol. 5, Iss. 1
Table Of Contents - Cardozo Women's Law Journal, Vol. 5, Iss. 1
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Reproductive Rights Of Women: Construction And Reality In International And United States Law, Kimberly A. Jones
Reproductive Rights Of Women: Construction And Reality In International And United States Law, Kimberly A. Jones
Cardozo Journal of Equal Rights & Social Justice
The article examines the disparity between the legal recognition of women's reproductive rights and the reality of their ability to exercise these rights. It explores how international and United States laws construct reproductive rights differently, but both fail to address the cultural, economic, and social barriers that prevent women from realizing these rights. The analysis underscores the need for states to take affirmative actions to dismantle these barriers and ensure that women can fully exercise their reproductive rights.
"A Revolution Which Seeks To Abolish Law, Must End Necessarily In Despotism": Louisa Mccord And Antebellum Southern Legal Thought, Alfred L. Brophy
"A Revolution Which Seeks To Abolish Law, Must End Necessarily In Despotism": Louisa Mccord And Antebellum Southern Legal Thought, Alfred L. Brophy
Cardozo Journal of Equal Rights & Social Justice
Louisa McCord's essays provide a unique lens into the legal and political thought of antebellum Southern society, particularly her defense of slavery and the role of law in maintaining social order. She argued that law should ensure basic fairness in market transactions but should not interfere with the institution of slavery, which she viewed as a matter of sentiment rather than legal regulation. McCord's work challenges the notion that legal history is confined to the common law tradition, emphasizing the importance of understanding law as part of a broader societal outlook.
Fairness Of Contract V. Freedom Of Contract: The Problematic Nature Of Contractual Obligation In Premarital Agreements, Faun M. Phillipson
Fairness Of Contract V. Freedom Of Contract: The Problematic Nature Of Contractual Obligation In Premarital Agreements, Faun M. Phillipson
Cardozo Journal of Equal Rights & Social Justice
The note examines the tension between the duty of full and fair disclosure in premarital agreements and the principle of freedom of contract, focusing on Wisconsin courts' handling of this issue. It critiques the ambiguity in judicial standards for enforcing such agreements, arguing that the concept of "meaningful choice" introduced by the Wisconsin Supreme Court, while promising, lacks clear guidelines, leading to inconsistent and sometimes arbitrary outcomes. The analysis highlights the conflict between ensuring procedural fairness and avoiding paternalistic judicial interference in private contracts.
Invasion Of Privacy Tort: Does The Deference Given To The Press Ignore The Family, T. Michael Wickersham
Invasion Of Privacy Tort: Does The Deference Given To The Press Ignore The Family, T. Michael Wickersham
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Reaching Beyond The Bars: An Analysis Of Prison Nurseries, Nicole Mauskopf
Reaching Beyond The Bars: An Analysis Of Prison Nurseries, Nicole Mauskopf
Cardozo Journal of Equal Rights & Social Justice
The note argues that prison nurseries offer a viable solution to the challenges faced by incarcerated mothers and their children, addressing the detrimental effects of separation on both. It advocates for the implementation of prison nurseries to support maternal care and rehabilitation, while also highlighting the need for legal and policy reforms to ensure equitable treatment and protect parental rights.
Neonaticide And The "Ethos Of Maternity": Traditional Criminal Law Defenses And The Novel Syndrome, Judith E. Macfarlane
Neonaticide And The "Ethos Of Maternity": Traditional Criminal Law Defenses And The Novel Syndrome, Judith E. Macfarlane
Cardozo Journal of Equal Rights & Social Justice
The note explores the legal and psychological dimensions of neonaticide, proposing the recognition of a Neonaticide Syndrome to better understand the mental state of perpetrators and inform legal defenses. It argues that such a syndrome, characterized by denial of pregnancy and psychotic breaks, could provide a framework for lenient sentencing and negate intent in homicide charges, similar to how Rape Trauma Syndrome and Battered Woman Syndrome are used in court. The analysis emphasizes the need for expert testimony to explain the mental state of defendants and the admissibility of such evidence under Frye and Daubert standards.
Women's Annotated Legal Bibliography
Women's Annotated Legal Bibliography
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Same-Sex Sexual Harassment: Cutting The Gordian Knot, Collin O'Connor Udell
Same-Sex Sexual Harassment: Cutting The Gordian Knot, Collin O'Connor Udell
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Women And Assisted Suicide: Exposing The Gender Vulnerability To Acquiescent Death, Lynne Marie Kohm, Britney N. Brigner
Women And Assisted Suicide: Exposing The Gender Vulnerability To Acquiescent Death, Lynne Marie Kohm, Britney N. Brigner
Cardozo Journal of Equal Rights & Social Justice
The article argues that women are disproportionately vulnerable to assisted suicide due to societal, economic, and emotional factors, and that legalizing assisted suicide could exacerbate gender disparities in death rates. It critiques the lack of protections for vulnerable individuals, particularly women, who may be coerced or influenced into assisted suicide. The analysis emphasizes the need to address the root causes of suffering rather than resorting to assisted suicide, while also advocating for societal changes to support women and reduce their vulnerability.
Justice Ruth Bader Ginsburg And The Virginia Military Institute: A Culmination Of Strategic Success, Scott M. Smiler
Justice Ruth Bader Ginsburg And The Virginia Military Institute: A Culmination Of Strategic Success, Scott M. Smiler
Cardozo Journal of Equal Rights & Social Justice
The note examines Justice Ginsburg's pivotal role in shaping the Supreme Court's approach to gender-based discrimination, particularly through her advocacy for heightened scrutiny of such classifications. It highlights how her efforts culminated in the landmark decision of United States v. Virginia, where the Court ruled that Virginia Military Institute's (VMI) exclusion of women violated the Equal Protection Clause. The decision reinforced the requirement that gender-based classifications must meet an exceedingly persuasive justification, aligning with Ginsburg's long-standing commitment to dismantling gender stereotypes and advancing equal protection principles.
Prosecuting Teenage Parents Under Fornication Statutes: A Constitutionally Suspect Legal Solution To The Social Problem Of Teenage Pregnancy, Juhi Mehta
Cardozo Journal of Equal Rights & Social Justice
The note argues that the constitutional right to privacy, as established by precedent, protects individuals' decisions regarding childbearing and sexual activity. It critiques the use of archaic fornication statutes to prosecute pregnant teenagers, asserting that such prosecutions impose an undue burden on constitutionally protected freedoms. The analysis emphasizes the need for policies addressing teen pregnancy that prioritize education, access to contraception, and legal reforms over punitive measures.
The Mandatory Arbitration Of A Woman's Title Vii Claim In The Securities Industry, Vincent J. Roldan
The Mandatory Arbitration Of A Woman's Title Vii Claim In The Securities Industry, Vincent J. Roldan
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
The Young Women's Leadership School: A Viable Alternative To Traditional Coeducational Public Schools, Erin A. Mcgrath
The Young Women's Leadership School: A Viable Alternative To Traditional Coeducational Public Schools, Erin A. Mcgrath
Cardozo Journal of Equal Rights & Social Justice
The note argues that single-sex education is a beneficial and constitutional alternative to traditional coeducational programs, using the Young Women's Leadership School as a prime example. It contends that such schools address past discrimination and provide tailored educational environments that enhance academic performance and self-esteem, particularly for underprivileged girls. The analysis emphasizes that single-sex education can meet legal standards under Title IX and Equal Protection scrutiny, as demonstrated by the Leadership School's compliance with regulatory requirements and its focus on remedying historical inequities.
The Problem That Has No Name, Omi Morgenstern Leissner
The Problem That Has No Name, Omi Morgenstern Leissner
Cardozo Journal of Equal Rights & Social Justice
The article examines how naming practices, deeply rooted in patriarchal societies, influence women's identity, autonomy, and societal status. It argues that traditional naming conventions, such as women adopting their husbands' surnames, reflect broader power dynamics that marginalize women and erase their individuality. The analysis highlights the legal, cultural, and psychological implications of these practices and advocates for self-naming as a form of resistance and empowerment.
Table Of Contents - Cardozo Women's Law Journal, Vol. 4, Iss. 1
Table Of Contents - Cardozo Women's Law Journal, Vol. 4, Iss. 1
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Masthead - Cardozo Women's Law Journal, Vol. 4 (1997-98)
Masthead - Cardozo Women's Law Journal, Vol. 4 (1997-98)
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
The Medical Malpractice Crisis In Obstetrics: A Gestalt Approach To Reform, Elizabeth Swire Falker
The Medical Malpractice Crisis In Obstetrics: A Gestalt Approach To Reform, Elizabeth Swire Falker
Cardozo Journal of Equal Rights & Social Justice
The medical malpractice crisis in obstetrics has led to a decline in practicing obstetricians, particularly in high-risk and rural areas, disproportionately affecting disadvantaged women. This crisis is driven by high malpractice insurance premiums, defensive medicine practices, and poor physician-patient communication. The article proposes reforms, including the integration of certified nurse-midwives, improved communication strategies, and alternative compensation systems, to reduce litigation, stabilize insurance markets, and improve access to care.
Teaching Legal Writing As Women's.Work: Life On The Fringes Of The Academy, Pamela Edwards
Teaching Legal Writing As Women's.Work: Life On The Fringes Of The Academy, Pamela Edwards
Cardozo Journal of Equal Rights & Social Justice
The article examines the marginalization of legal writing teachers in law schools, particularly focusing on the gendered dynamics that relegate this role predominantly to women. It argues that legal writing is undervalued, with these instructors facing lower status, pay, and job security compared to other faculty. This marginalization perpetuates gender disparities in the legal academy.
Undue Influence And Gender Stereotypes: Legal Doctrine Or Indoctrination?, Veena K. Murthy
Undue Influence And Gender Stereotypes: Legal Doctrine Or Indoctrination?, Veena K. Murthy
Cardozo Journal of Equal Rights & Social Justice
The note argues that the undue influence doctrine in will contests disproportionately affects female testators, reflecting and reinforcing gender stereotypes. Courts are more likely to invalidate wills of female testators, undermining their testamentary freedom, while male testators are often treated as autonomous decision-makers. This disparity stems from societal gender norms that portray women as vulnerable and men as independent.
Women's Annotated Legal Bibliography
Women's Annotated Legal Bibliography
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
To V Or Not To V - That Is The Regulatory Question: The Role Of The V-Chip In Government Regulation Of Broadcast And Cable Indecency, Marie A. Ryan
To V Or Not To V - That Is The Regulatory Question: The Role Of The V-Chip In Government Regulation Of Broadcast And Cable Indecency, Marie A. Ryan
Cardozo Journal of Equal Rights & Social Justice
The note argues that the current regulatory distinctions between broadcast and cable television in the United States are outdated and should be unified to better protect children from indecent content while respecting adult First Amendment rights. It proposes adopting a consistent "safe harbor" provision for both broadcast and basic cable television, combined with the use of the V-chip technology, as a constitutionally sound and less restrictive means of achieving the government's dual objectives of supporting parental authority and safeguarding children's well-being.
Home Is Where The Brute Lives: Asylum Law And Gender-Based Claims Of Persecution, Anjana Bahl
Home Is Where The Brute Lives: Asylum Law And Gender-Based Claims Of Persecution, Anjana Bahl
Cardozo Journal of Equal Rights & Social Justice
The article argues that gender-based persecution should be recognized as a valid ground for asylum under the refugee definition, emphasizing the need to expand the interpretation of "particular social group" to include women facing persecution due to their gender. It highlights the challenges women face in meeting the legal standards for asylum, particularly under U.S. law, and advocates for a more inclusive framework to address gender-based violence and discrimination.
Lifting The Ban On Women's Night Work In Europe-A Straight Road To Equality In Employment?, Dagmar Schiek
Lifting The Ban On Women's Night Work In Europe-A Straight Road To Equality In Employment?, Dagmar Schiek
Cardozo Journal of Equal Rights & Social Justice
The article examines the historical and legal implications of the ban on women's night work in Europe, arguing that its removal does not inherently lead to employment equality. It emphasizes that without comprehensive, gender-neutral protective legislation, lifting the ban may exacerbate inequalities and worsen working conditions for women.
Table Of Contents - Cardozo Women's Law Journal, Vol. 3, Iss. 1
Table Of Contents - Cardozo Women's Law Journal, Vol. 3, Iss. 1
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.