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Articles 391 - 420 of 440
Full-Text Articles in Law and Gender
Why Mandatory Hiv Testing Of Pregnant Women And Newborns Must Fail: A Legal, Historical, And Public Policy Analysis, Elizabeth B. Cooper
Why Mandatory Hiv Testing Of Pregnant Women And Newborns Must Fail: A Legal, Historical, And Public Policy Analysis, Elizabeth B. Cooper
Cardozo Journal of Equal Rights & Social Justice
The article argues that mandatory HIV testing of pregnant women and newborns is a misguided policy that fails to address the complex medical, social, and legal issues surrounding HIV/AIDS in women. It contends that such policies violate constitutional rights, disproportionately affect marginalized communities, and are unsupported by medical evidence. The analysis emphasizes the importance of voluntary testing linked to care and services, as well as the need to address systemic inequities in healthcare delivery.
Mandatory Screening Of Newborns For Hiv: An Idea Whose Time Has Not Yet Come, Nina Loewenstein
Mandatory Screening Of Newborns For Hiv: An Idea Whose Time Has Not Yet Come, Nina Loewenstein
Cardozo Journal of Equal Rights & Social Justice
The article argues against mandatory HIV screening for newborns, asserting that the benefits of early detection do not justify the infringement on mothers' legal rights and privacy. Proponents overemphasize medical benefits and underestimate the impact on maternal rights and care roles.
The Politics Of Pediatric Aids, Jennifer Cooper
The Politics Of Pediatric Aids, Jennifer Cooper
Cardozo Journal of Equal Rights & Social Justice
The article argues that mandatory HIV testing for pregnant women is crucial to prevent mother-to-child transmission of HIV, emphasizing that political and social barriers, rather than medical limitations, hinder effective prevention. It advocates for routine HIV screening as part of prenatal care, supported by the success of treatments like zidovudine, and addresses ethical and constitutional concerns while asserting the state's compelling interest in public health.
While Ignorance May Not Be Bliss, It Is A Mother's Right: Constitutional Implications Of Testing Newborn Babies For Hiv, Julie D. Levinson
While Ignorance May Not Be Bliss, It Is A Mother's Right: Constitutional Implications Of Testing Newborn Babies For Hiv, Julie D. Levinson
Cardozo Journal of Equal Rights & Social Justice
The article examines the constitutional implications of mandatory HIV testing for newborns, arguing that such policies infringe upon women's rights under the Fourteenth Amendment. It critiques two proposed bills for being overly intrusive and not narrowly tailored, advocating instead for voluntary testing and counseling to balance public health with individual rights.
Jiggetts V. Grinker: Does It Establish A Right To "Adequate Shelter Allowance" In New York State?, Kurt Emhoff
Jiggetts V. Grinker: Does It Establish A Right To "Adequate Shelter Allowance" In New York State?, Kurt Emhoff
Cardozo Journal of Equal Rights & Social Justice
The article examines the Jiggetts v. Grinker case, which addresses the adequacy of shelter allowances for AFDC recipients in New York State. It argues that current allowances are insufficient compared to housing costs, leading to homelessness, and advocates for increasing these allowances. The analysis extends this reasoning to Home Relief recipients, emphasizing equal protection under the law.
Child Care: The Forgotten Tax Deduction, Efrem Z. Fischer
Child Care: The Forgotten Tax Deduction, Efrem Z. Fischer
Cardozo Journal of Equal Rights & Social Justice
This Note argues that the current deductions for child care expenses under the Internal Revenue Code are insufficient and inequitable, particularly for secondary earners, usually women. It proposes replacing the existing system with a higher deduction mechanism, such as a $10,000 limit per child, indexed for inflation, with a phaseout for higher incomes. The current system fails to account for the true costs of child care, exacerbates the marriage penalty, and discourages labor force participation among secondary earners. The proposed reform aims to address these issues by providing a more substantial and equitable tax benefit.
Women's Annotated Legal Bibliography
Women's Annotated Legal Bibliography
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Introduction, Belinda Cooper
Introduction, Belinda Cooper
Cardozo Journal of Equal Rights & Social Justice
The article explores the emergence and gradual integration of feminist jurisprudence in Germany, highlighting the challenges and opportunities faced by women in law as feminist ideas begin to influence legal academia and practice. It traces the development of feminist legal scholarship in Germany, starting from its early stages in the 1980s to the establishment of institutionalized feminist jurisprudence at Humboldt University. The article introduces a collection of writings that examine key legal issues affecting women in Germany, emphasizing the interplay between German and European Community law, as well as the cultural and historical contexts that shape legal discourse.
A Different Approach To Jurisprudence? Feminisms In German Legal Science, Legal Cultures, And The Ambivalence Of Law, Susanne Baer
A Different Approach To Jurisprudence? Feminisms In German Legal Science, Legal Cultures, And The Ambivalence Of Law, Susanne Baer
Cardozo Journal of Equal Rights & Social Justice
The integration of feminist theories into legal science and education faces significant challenges, particularly in Germany, where institutional and cultural barriers have slowed progress compared to other countries like Norway, Denmark, and the U.S. While feminist approaches have made inroads elsewhere, Germany remains hesitant, with the question of whether feminism belongs in legal education still unanswered. The tension between feminist perspectives and traditional legal methodologies, coupled with structural academia challenges, underscores the difficulty of achieving meaningful integration.
The Victim-Plaintiff In Criminal Trials And Civil Law Responses To Sexual Violence, Alexandra Goy
The Victim-Plaintiff In Criminal Trials And Civil Law Responses To Sexual Violence, Alexandra Goy
Cardozo Journal of Equal Rights & Social Justice
The article examines the role of the victim-plaintiff in German criminal trials, particularly in cases involving sexual violence. It highlights the unique procedural rights granted to victim-plaintiffs, such as the ability to participate actively in trials and present evidence. However, the analysis reveals significant practical and systemic barriers that limit the effectiveness of this institution, including restrictive evidentiary rules, financial challenges, and gender biases within the judiciary. The article argues that while the victim-plaintiff institution offers opportunities for victims to seek justice, its impact is undermined by these obstacles, raising concerns about the protection of sexual autonomy and gender equality …
Prostitution And The Law In Germany, Margarete Von Galen
Prostitution And The Law In Germany, Margarete Von Galen
Cardozo Journal of Equal Rights & Social Justice
The article examines the legal and social contradictions surrounding prostitution in Germany, highlighting how, despite its legal status, the practice is subject to discriminatory laws and regulations that create a hypocritical gap between legal frameworks and real-world enforcement. The author argues that while prostitution is legal, the surrounding legal provisions often criminalize related activities, leading to inconsistent enforcement and continued marginalization of sex workers.
On The History Of Fathers' Rights And Mothers' Duty Of Care, Sibylla Flügge
On The History Of Fathers' Rights And Mothers' Duty Of Care, Sibylla Flügge
Cardozo Journal of Equal Rights & Social Justice
The article examines the historical evolution of custody rights in Germany, focusing on the shift from maternal preference to increasing recognition of fathers' rights. It argues that the legal system's move toward joint custody and equal parental rights reflects broader societal changes in gender roles, while also critiquing the potential backlash against women's emancipation. The analysis highlights how improvements in fathers' legal standing have often coincided with decreased obligations for men to actively care for children, raising concerns about the practical implications for mothers and children.
German Unification And The Reform Of Abortion Law, Rosemarie Will
German Unification And The Reform Of Abortion Law, Rosemarie Will
Cardozo Journal of Equal Rights & Social Justice
The article examines the legal and political challenges surrounding abortion law reform in Germany following unification, highlighting the tension between East Germany's liberal "stipulated period" model and West Germany's more restrictive "grounds for termination" approach. It argues that the unification process necessitated a compromise balancing the constitutional protection of fetal life with women's rights to self-determination, ultimately resulting in a hybrid model emphasizing counseling and limited legal access to abortion.
Between Legal Studies And Feminism, Mareike Coppi, Bettina Joos, Ina Steidl
Between Legal Studies And Feminism, Mareike Coppi, Bettina Joos, Ina Steidl
Cardozo Journal of Equal Rights & Social Justice
What turned some Berlin law students into feminists? What were the origins of the "feminist jurisprudence project" at the Humboldt University in Berlin? The answers undoubtedly lie, in part, in the deficiencies in both social life and subject matter faced by women studying law in Germany. In order to explain the origins and subject matter of the feminist jurisprudence project, this article will provide an overview of the curriculum, the university situation, and the disadvantages faced by women law students in Germany.
Using The American Courts To Prosecute International Crimes Against Women: Jane Doe V. Radovan Karadzic And S. Kadic V. Radovan Karadzic, Rachel Bart
Cardozo Journal of Equal Rights & Social Justice
The note examines the use of the Alien Tort Claims Act (ATCA) and the Torture Victim Protection Act (TVPA) to prosecute international crimes against women, focusing on the *Karadzic* cases. It argues that these cases represent a significant expansion of U.S. federal jurisdiction over human rights abuses, particularly gender-based violence, committed abroad. The Second Circuit's decision to reverse the district court's dismissal and the Supreme Court's denial of certiorari affirmed the applicability of ATCA and TVPA to non-state actors and clarified their role in enforcing international human rights standards.
Susan Smith And Other Homicidal Mothers-In Search Of The Punishment That Fits The Crime, Janet Ford
Susan Smith And Other Homicidal Mothers-In Search Of The Punishment That Fits The Crime, Janet Ford
Cardozo Journal of Equal Rights & Social Justice
The legal system should consider unique circumstances when sentencing mothers who kill their children, focusing on mitigating factors such as mental state, abuse history, and societal pressures, rather than applying uniform punishments.
Masthead - Cardozo Women's Law Journal, Vol. 3 (1996)
Masthead - Cardozo Women's Law Journal, Vol. 3 (1996)
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
An Argument For Universal Pediatric Hiv Testing, Counseling And Treatment, Colin Crawford
An Argument For Universal Pediatric Hiv Testing, Counseling And Treatment, Colin Crawford
Cardozo Journal of Equal Rights & Social Justice
The article argues that mandatory pediatric HIV testing, counseling, and treatment are essential to address a public health emergency, overriding constitutional concerns. The author, Colin Crawford, asserts that early detection and treatment significantly improve the lives of HIV-positive children, making it a compelling state interest that should take precedence over privacy and autonomy concerns.
Table Of Contents - Cardozo Women's Law Journal, Vol. 3, Iss. 2
Table Of Contents - Cardozo Women's Law Journal, Vol. 3, Iss. 2
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Making Equality Law More Effective: Lessons From The German Experience, Ninon Colneric
Making Equality Law More Effective: Lessons From The German Experience, Ninon Colneric
Cardozo Journal of Equal Rights & Social Justice
The article examines the evolution and effectiveness of equality law in Germany, particularly focusing on gender equality. It highlights the significant influence of European Community (EC) law on German legislation and discusses the challenges in implementing these laws to achieve substantial gender equality. The analysis reveals that while progress has been made, there are persistent issues in effectively enforcing these laws.
Equal Rights-Compatibility Of Family And Career-Legal Comparison: East Germany (Gdr) And Federal Republic Of Germany Today, Anita Grandke
Equal Rights-Compatibility Of Family And Career-Legal Comparison: East Germany (Gdr) And Federal Republic Of Germany Today, Anita Grandke
Cardozo Journal of Equal Rights & Social Justice
The article examines the evolution of gender equality in East Germany from the post-WWII era through the 1990 unification with West Germany, highlighting how East Germany's progressive laws promoting women's rights were rolled back after unification, leading to significant setbacks for women in employment, family life, and legal protections.
Reach And Substance Of The Principle Of Equal Treatment In Social Security Law Under European Community And German Constitutional Law, Ursula Rust
Cardozo Journal of Equal Rights & Social Justice
The article examines the principle of equal treatment in social security law under European Community (EC) law and German constitutional law, highlighting their differences in scope and application. While both legal systems prohibit sex-based discrimination, EC law, primarily through Directive 79/7, applies narrowly to specific risks and allows significant exceptions, particularly for survivor and family benefits. In contrast, German constitutional law provides broader protections under the Basic Law, which directly binds the legislature and judiciary to ensure equal rights, though it also struggles with addressing indirect discrimination effectively.
The Mark Of Cain: No Second Chance For Teachers Convicted Of Sex Offenses Against Students, Eric J. Kuperman
The Mark Of Cain: No Second Chance For Teachers Convicted Of Sex Offenses Against Students, Eric J. Kuperman
Cardozo Journal of Equal Rights & Social Justice
The note argues that teachers convicted of sex offenses against students should be subject to a national registration and notification system, akin to Megan's Law, due to the inadequacy of current systems in preventing these individuals from continuing to teach and offending again. The author emphasizes the need to protect children from sexual predators in educational settings, highlighting the failure of schools and courts to effectively address the issue.
An Introduction To “Mandatory Hiv Screening Of Newborns: A Child’S Welfare In Conflict With Its Mother’S Constitutional Rights?” - False Dichotomies Make Bad Law., Paris R. Baldacci
An Introduction To “Mandatory Hiv Screening Of Newborns: A Child’S Welfare In Conflict With Its Mother’S Constitutional Rights?” - False Dichotomies Make Bad Law., Paris R. Baldacci
Cardozo Journal of Equal Rights & Social Justice
The article examines the contentious issue of mandatory HIV screening of newborns, highlighting the false dichotomy often presented in the debate between the welfare of the child and the constitutional rights of the mother. It argues that this dichotomy oversimplifies the complex legal, medical, and ethical considerations involved, leading to ineffective public policy. The article emphasizes the need for a more holistic approach that balances medical interventions with respect for individual rights and addresses the broader societal and structural factors affecting HIV-infected mothers and their children.
Stand By Your Man?: Legal Protection For Wives Who Charge The Family Home To Secure Their Husbands' Business Debts, Belinda Fehlberg
Stand By Your Man?: Legal Protection For Wives Who Charge The Family Home To Secure Their Husbands' Business Debts, Belinda Fehlberg
Cardozo Journal of Equal Rights & Social Justice
The article examines the legal protections for wives in England who charge the family home as security for their husbands' business debts, focusing on the challenges in balancing private family dynamics with third-party creditor rights. It critiques the limited protection offered by the law, particularly through the lens of the House of Lords' rulings in Barclays Bank v. O'Brien and CIBC Mortgages v. Pitt. The analysis highlights the tension between protecting vulnerable wives and maintaining the viability of the family home as collateral for business loans.
From Advocacy To Management In Divorce: A Women's Issue?, Mavis Maclean
From Advocacy To Management In Divorce: A Women's Issue?, Mavis Maclean
Cardozo Journal of Equal Rights & Social Justice
The article examines the shift in the role of law in divorce proceedings in the U.K., arguing that divorce is increasingly moving away from legal advocacy and toward administrative and managerial processes. This transformation raises critical questions about the implications for women, particularly regarding their access to justice, financial rights, and the role of legal professionals. The article highlights the growing influence of Alternative Dispute Resolution (ADR) and the Child Support Agency (CSA), which are reshaping how divorce, child support, and property disputes are handled, often reducing the involvement of courts and lawyers.
A Bad Marriage: Jewish Divorce And The First Amendment, Paul Finkelman
A Bad Marriage: Jewish Divorce And The First Amendment, Paul Finkelman
Cardozo Journal of Equal Rights & Social Justice
The article examines the legal and religious challenges faced by observant Jewish women unable to remarry due to their husbands' refusal to grant a "get," a religious divorce document, even after obtaining a civil divorce. It argues that state intervention to enforce the issuance of a get, such as through New York's Get Law, violates the First Amendment's establishment and free exercise clauses by entangling government with religious matters. The author advocates for solutions within the Jewish community, emphasizing the need to balance individual rights with religious freedom without government interference.
Boxing Women: Regulation, Women And Mental Health, Cate Hemingway
Boxing Women: Regulation, Women And Mental Health, Cate Hemingway
Cardozo Journal of Equal Rights & Social Justice
The article argues that the legal and psychiatric systems collaboratively categorize women who offend as either "mad" or "bad," failing to address underlying social issues. It examines how these systems pathologize women's behavior, using examples like pre-menstrual syndrome (PMS) and battered women's syndrome (BWS) as legal defenses, which often reinforce harmful stereotypes rather than providing meaningful solutions.
Introduction, Mavis Maclean
Introduction, Mavis Maclean
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Masthead - Cardozo Women's Law Journal, Vol. 2 (1995)
Masthead - Cardozo Women's Law Journal, Vol. 2 (1995)
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.