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Full-Text Articles in Law and Gender

Juvenile Justice With A Future... For Juveniles, Mabél Arteaga Jan 1995

Juvenile Justice With A Future... For Juveniles, Mabél Arteaga

Cardozo Journal of Equal Rights & Social Justice

The note examines the evolution of juvenile justice systems, tracing the shift from a rehabilitative focus to increasingly punitive measures. It critiques this trend, advocating for a balanced approach that maintains procedural protections while incorporating rehabilitative programs. The author proposes a dual-purpose system that addresses societal concerns for public safety while ensuring equitable treatment and opportunities for reintegration.


Table Of Contents - Cardozo Women's Law Journal, Vol. 2, Iss. 1 Jan 1995

Table Of Contents - Cardozo Women's Law Journal, Vol. 2, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Economic Justice In Divorce, Emily Jackson Jan 1995

Economic Justice In Divorce, Emily Jackson

Cardozo Journal of Equal Rights & Social Justice

The article examines the challenges of achieving economic justice in divorce, particularly for women, who often face financial hardship due to their caregiving roles. It critiques the "clean break" principle in spousal support, arguing that it neglects the economic sacrifices of custodial parents and the value of human capital investments. While spousal support may reinforce gender stereotypes, its denial can perpetuate inequality. The article advocates for a more nuanced legal framework that considers the interplay of law, theory, and social reality to address the economic realities of divorce effectively.


The Provision Of Maintenance For Women And Children In Zimbabwe, Fareda Banda Jan 1995

The Provision Of Maintenance For Women And Children In Zimbabwe, Fareda Banda

Cardozo Journal of Equal Rights & Social Justice

The article examines the challenges faced by women and children in Zimbabwe in accessing maintenance and property rights after divorce, despite comprehensive legal provisions. It highlights the dual legal system's impact, the judiciary's discretion in property distribution, and the economic and cultural barriers women face, emphasizing the need for legal reforms and improved enforcement mechanisms.


Consent To Marital Rape: Common Law Oxymoron?, Katherine O'Donovan Jan 1995

Consent To Marital Rape: Common Law Oxymoron?, Katherine O'Donovan

Cardozo Journal of Equal Rights & Social Justice

The article critically examines the historical and legal underpinnings of the marital rape exemption in common law, arguing that the concept of consent within marriage has been used to undermine women's autonomy and perpetuate gender inequality. It traces the evolution of this exemption from its roots in Sir Matthew Hale's 17th-century legal writings to its eventual abolition in England and Australia, highlighting the broader implications for women's citizenship and bodily integrity.


Determining The Role Of Psychological Bonding In New York Foster Care Law, Brian L. Greben Jan 1995

Determining The Role Of Psychological Bonding In New York Foster Care Law, Brian L. Greben

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


The Road To Equality: The Application Of The Reasonable Woman Standard In Sexual Harassment Cases, Deborah B. Goldberg Jan 1995

The Road To Equality: The Application Of The Reasonable Woman Standard In Sexual Harassment Cases, Deborah B. Goldberg

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the adoption of the reasonable woman standard in evaluating hostile work environment sexual harassment claims under Title VII. It argues that this standard is essential to ensure that such claims are assessed from the victim's perspective, particularly considering the gendered differences in perception of harassing behavior. The author contends that the reasonable woman standard promotes equality by recognizing that men and women may perceive sexual harassment differently, and it should be preferred over the gender-neutral reasonable person standard, which often overlooks women's experiences.


Prostitution: A Violation Of Women's Human Rights, Dorchen Leidholdt Jan 1993

Prostitution: A Violation Of Women's Human Rights, Dorchen Leidholdt

Cardozo Journal of Equal Rights & Social Justice

The article argues that prostitution is a violation of women's human rights, asserting that it is not a form of work or a legitimate choice but rather an exploitative institution rooted in gender inequality. The author criticizes the pro-prostitution lobby for framing prostitution as empowering, arguing that this perspective ignores the inherent abuse and exploitation faced by women in the industry.


Perinatal Substance Abuse: The Rhetoric And Reality Of 'Rights,' And Beyond And A Recent Bibliography, Sam S. Kepfield Jan 1993

Perinatal Substance Abuse: The Rhetoric And Reality Of 'Rights,' And Beyond And A Recent Bibliography, Sam S. Kepfield

Cardozo Journal of Equal Rights & Social Justice

The article critiques the legal system's handling of perinatal substance abuse (PSA), arguing that current approaches are ineffective and unjust. It proposes a new legal framework focusing on harm and causation, advocating for universal prenatal care and non-punitive solutions to address the root causes of PSA.


Masthead - Cardozo Women's Law Journal, Vol. 1 (1993-94) Jan 1993

Masthead - Cardozo Women's Law Journal, Vol. 1 (1993-94)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Table Of Contents - Cardozo Women's Law Journal, Vol. 1, Iss. 1 Jan 1993

Table Of Contents - Cardozo Women's Law Journal, Vol. 1, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Decriminalizing Prostitution: Liberation Or Dehumanization?, Carlin Meyer Jan 1993

Decriminalizing Prostitution: Liberation Or Dehumanization?, Carlin Meyer

Cardozo Journal of Equal Rights & Social Justice

The article argues that criminalizing prostitution perpetuates the exploitation and marginalization of women, particularly those from disadvantaged backgrounds. The author advocates for decriminalization as a necessary step towards empowering sex workers, highlighting how current legal frameworks fail to protect them and instead exacerbate their vulnerability. The thesis emphasizes the need for systemic change to address the societal structures that drive women into prostitution.


Women's Annotated Legal Bibliography Jan 1993

Women's Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


The Rights Of Gays To Adopt Children: Fortifying The Defenses Against Societal Prejudice, Stephanie Landay Jan 1993

The Rights Of Gays To Adopt Children: Fortifying The Defenses Against Societal Prejudice, Stephanie Landay

Cardozo Journal of Equal Rights & Social Justice

The article argues that the right of gays to adopt children is often denied due to societal prejudices and biases, which influence court decisions. It advocates for the adoption of the "nexus test" to ensure that decisions are based on the best interest of the child, free from discrimination. The article also emphasizes the need to classify gays as a suspect class to overturn discriminatory statutes.


Battered Women: A Perspective On Injustice, Michael Dowd Jan 1993

Battered Women: A Perspective On Injustice, Michael Dowd

Cardozo Journal of Equal Rights & Social Justice

The article examines the historical and legal challenges faced by battered women, particularly in the context of self-defense claims. It traces the roots of spousal abuse to early social and religious norms that subjugated women, leading to a legacy of systemic injustice. The traditional self-defense doctrine, based on an assumption of equal physical confrontation, often fails to protect battered women, forcing them to rely on mental disease defenses. Expert testimony on battered woman syndrome has gained recognition, aiding some women who kill their abusers, but its impact varies. The article critiques the legal system's inadequate support for battered women, emphasizing …


A Date With Justice: Prostitution And The Decriminalization Debate, Margaret A. Baldwin Jan 1993

A Date With Justice: Prostitution And The Decriminalization Debate, Margaret A. Baldwin

Cardozo Journal of Equal Rights & Social Justice

The article critiques the decriminalization of prostitution, arguing that it fails to address the systemic exploitation and violence faced by women in prostitution. The author contends that decriminalization would empower pimps, johns, and legal systems to further exploit women, as it legitimizes their power dynamics. The analysis emphasizes the need to prioritize the survival and empowerment of prostituted women over legal reforms that benefit their exploiters.


Implications Of Bankruptcy On Alimony, Maintenance, And Support In The Second Circuit, Kenneth Charles Fieldston Jan 1993

Implications Of Bankruptcy On Alimony, Maintenance, And Support In The Second Circuit, Kenneth Charles Fieldston

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Unwed Father's Rights In New York: How Far Does The Protection Extend?, Elise Schlackman Jan 1993

Unwed Father's Rights In New York: How Far Does The Protection Extend?, Elise Schlackman

Cardozo Journal of Equal Rights & Social Justice

The article examines the evolution of unwed fathers' rights in New York, highlighting the Supreme Court's recognition of their constitutional protections, particularly in cases like Stanley v. Illinois, Caban v. Mohammed, and Lehr v. Robertson. It critiques New York's efforts to comply with these rulings, emphasizing the unconstitutionality of certain statutes and the need for clear legislative standards to balance fathers' rights with the best interests of the child.


A Defense Of Prostitutes' Self-Organization, Drucilla Cornell Jan 1993

A Defense Of Prostitutes' Self-Organization, Drucilla Cornell

Cardozo Journal of Equal Rights & Social Justice

The article advocates for the decriminalization of prostitution as a necessary step toward empowering sex workers to self-organize and improve their working conditions. Drawing on personal experiences as a union organizer in the 1970s, the author highlights the shared struggles of women workers, including prostitutes, under exploitative capitalist systems. The article emphasizes the importance of recognizing prostitutes as workers deserving of labor rights and union representation, rather than viewing them solely as victims. It critiques the exclusion of sex workers from traditional labor organizing and argues that decriminalization would enable them to collectively address their exploitation and deconstruct oppressive conditions.


Decriminalizing Prostitution: Liberalization Or Dehumanization?, Jeanne Schroeder Jan 1993

Decriminalizing Prostitution: Liberalization Or Dehumanization?, Jeanne Schroeder

Cardozo Journal of Equal Rights & Social Justice

The article explores the contentious debate over the decriminalization of prostitution, examining whether it represents liberalization or dehumanization. It highlights the complexities of the issue, emphasizing that decriminalization is not a straightforward solution but rather a deeply contested and multifaceted question. The discussion underscores the need to consider the ethical, legal, and societal implications of prostitution, particularly its impact on women, who are disproportionately affected by both the practice and its criminalization.