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Articles 61 - 90 of 440
Full-Text Articles in Law and Gender
Annotated Legal Bibliography On Gender
Annotated Legal Bibliography On Gender
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Liberty And Justice For All? Protecting The Right To Privacy For Incapacitated Individuals: The Need For Comprehensive Sterilization Legislation In All Fifty States, Mindy K. Fersel
Cardozo Journal of Equal Rights & Social Justice
The note examines the intersection of disability rights and reproductive rights, highlighting the legal confusion and human rights violations that arise from the lack of comprehensive federal guidance on the sterilization of individuals with disabilities. While landmark Supreme Court decisions like Griswold v. Connecticut and Roe v. Wade established constitutional protections for reproductive autonomy, the legacy of cases such as Buck v. Bell and inconsistent state statutes continue to undermine the rights of individuals with disabilities. The article argues that the absence of clear legislative frameworks leaves vulnerable populations at risk of exploitation and discrimination, necessitating urgent reform to ensure …
Taking The Bloody Linen Out Of The Closet: Menstrual Hygiene As A Priority For Achieving Gender Equality, Inga T. Winkler, Virginia Roaf
Taking The Bloody Linen Out Of The Closet: Menstrual Hygiene As A Priority For Achieving Gender Equality, Inga T. Winkler, Virginia Roaf
Cardozo Journal of Equal Rights & Social Justice
Regular menstruation signals a woman's health and fertility. menstruation is surrounded by shame, secrecy, embarrassment, fear, humiliation, silence, taboo, and stigma. Linked to this taboo, many cultural and religious norms-often grounded in patriarchal assumptions-seek to prevent contact with menstruating women and girls in order to avoid 'contamination' or 'becoming impure'. To some extent, this perception of menstruation is a paradox, given that motherhood is glorified. However, menstruation is not perceived as feminine', and it does not conform to the stereotypical role and behavior of women. Such stereotypes require women to be beautiful and beautified, deodorized and fresh, not bloody and …
Dads And Dicta: The Values Of Acknowledging Fathers’ Interests, Jean Strout
Dads And Dicta: The Values Of Acknowledging Fathers’ Interests, Jean Strout
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
The Absence Of Parenting Students’ Rights: How And Why Title Ix Tolerates Discriminatory Attendance Policies, Elizabeth M. Hady
The Absence Of Parenting Students’ Rights: How And Why Title Ix Tolerates Discriminatory Attendance Policies, Elizabeth M. Hady
Cardozo Journal of Equal Rights & Social Justice
The article examines the gaps in Title IX protections for parenting students, particularly female students, and highlights how societal stigma and discursive frameworks undermine their rights. It argues that while Title IX prohibits sex discrimination, its implementation often fails to address the unique challenges faced by parenting students, especially mothers, who are disproportionately affected by rigid attendance policies and discriminatory attitudes. The analysis emphasizes the role of "contamination discourse," which stigmatizes teenage mothers as irresponsible and a threat to societal morals, further eroding their legal protections and perpetuating inequality in education.
Flying Into Mecca: When Gender Should Be A Bona Fide Occupational Qualification For Expatriation Assignments In Female-Hostile Host Countries, Richard F. Brueckner
Flying Into Mecca: When Gender Should Be A Bona Fide Occupational Qualification For Expatriation Assignments In Female-Hostile Host Countries, Richard F. Brueckner
Cardozo Journal of Equal Rights & Social Justice
The note examines the tension between preserving cultural identity and navigating the demands of globalization, particularly in the context of employment discrimination under Title VII of the Civil Rights Act. It focuses on the "bona fide occupational qualification" (BFOQ) exception, which allows employers to discriminate based on certain qualifications essential to the job. The analysis critiques the narrow interpretation of BFOQ by courts and explores its application in religious and gender discrimination cases, proposing a balanced approach to reconcile business needs with anti-discrimination principles.
Fear And Failing In Family Court: Special Immigrant Juvenile Status And The State Court Problem, Jessica R. Pulitzer
Fear And Failing In Family Court: Special Immigrant Juvenile Status And The State Court Problem, Jessica R. Pulitzer
Cardozo Journal of Equal Rights & Social Justice
The note examines the challenges faced by immigrant children seeking Special Immigrant Juvenile Status (SIJS), highlighting how state family courts' inconsistent application of the law undermines the federal statute's intent to protect vulnerable children. It argues that while SIJS was designed to provide relief to children who have suffered abuse, abandonment, or neglect, procedural and substantive inconsistencies in family court adjudications, particularly in interpreting the "best interests of the child" principle, create barriers for eligible youth. The note advocates for reforms to ensure consistent and fair access to SIJS, emphasizing the need for standardized best interest principles and greater awareness …
Jock Straps Vs. Bra Straps: Is A Battle Of The Sexes Still Necessary? A Surprising Perspective On The Effects Of Title Ix On Male Athletes In The Ncaa, Alana Berrocal
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Shopping For Gender: The Unlawfulness Of An Unregulated Market For Prenatal Gender Selection And Selective Gender Abortion, Eujean Park
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Women, Water & Privatization: A Human Rights-Based Approach To Global Water Governance, Tara Pistilli
Women, Water & Privatization: A Human Rights-Based Approach To Global Water Governance, Tara Pistilli
Cardozo Journal of Equal Rights & Social Justice
The note argues that recognizing and clearly defining the human right to water is essential for ensuring equitable access, particularly for women and children, who are disproportionately affected by water scarcity and privatization. It emphasizes that a human rights-based approach to water governance is necessary to prevent conflicts and protect vulnerable populations, as demonstrated by the Cochabamba Water War. This approach, supported by international law, provides a legally binding framework to hold states and corporations accountable for fulfilling the right to water.
Table Of Contents - Cardozo Journal Of Equal Rights & Social Justice, Vol. 20, Iss. 2
Table Of Contents - Cardozo Journal Of Equal Rights & Social Justice, Vol. 20, Iss. 2
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Annotated Legal Bibliography On Gender
Annotated Legal Bibliography On Gender
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Table Of Contents - Cardozo Journal Of Equal Rights & Social Justice, Vol. 20, Iss. 3
Table Of Contents - Cardozo Journal Of Equal Rights & Social Justice, Vol. 20, Iss. 3
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Pregnant Pause: The Exclusion Of Pregnant Women From Clinical Research As Sex Discrimination, Richard M. Weinmeyer
Pregnant Pause: The Exclusion Of Pregnant Women From Clinical Research As Sex Discrimination, Richard M. Weinmeyer
Cardozo Journal of Equal Rights & Social Justice
The article argues that the exclusion of pregnant women from clinical research constitutes sex discrimination. This exclusion, rooted in historical and regulatory factors, has led to a significant lack of data on how medications affect pregnant women, putting their health at risk. The author advocates for legislative action to shift the research culture from exclusion to inclusion, ensuring that pregnant women receive necessary medical treatments with proper research backing.
In The Name Of The Son: The Strategic Importance Of Prenatal Personhood In Abortion Law, Alejandro Madrazo
In The Name Of The Son: The Strategic Importance Of Prenatal Personhood In Abortion Law, Alejandro Madrazo
Cardozo Journal of Equal Rights & Social Justice
Prenatal personhood has been used as a vehicle for restricting abortion rights and other reproductive rights. This Article explores how, through narrative, the question of the status of prenatal life shapes the structure of debates over abortion law and reproductive rights. Whether prenatal hfe is deemed a person or not determines the narrative structures that can be deployed around abortion and, in consequence, strategically orients these debates by determining the key questions that must be addressed and the scope of answers that can be provided. By carrying out a comparative analysis of opinions of local, national and international courts from …
Keynote: Five Omar Mualimmak, Five Omar Mualimmak
Keynote: Five Omar Mualimmak, Five Omar Mualimmak
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
From Collaboration To Consolidation: Developing A More Expansive Model For Responding To Family Violence, Deseriee A. Kennedy
From Collaboration To Consolidation: Developing A More Expansive Model For Responding To Family Violence, Deseriee A. Kennedy
Cardozo Journal of Equal Rights & Social Justice
Academics and activists have frequently called for increased collaboration and communication between domestic violence and child welfare agencies as a means of more effectively responding to the impact of domestic violence on children and in recognition of the co-occurrence of domestic violence and child maltreatment. This Article reviews whether efforts based on the Greenbook and other initiatives calling for collaboration have led to any appreciable decrease in family violence. The Article finds evidence to suggest that there has not been significant improvement in the incidence or severity of family violence and more radical responses to family violence are needed. It …
Similarities Between Early Irish Marital Property Law And California Community Property: The Economic Significance Of A Wife's Labor, Caroline Bermeo Newcombe
Similarities Between Early Irish Marital Property Law And California Community Property: The Economic Significance Of A Wife's Labor, Caroline Bermeo Newcombe
Cardozo Journal of Equal Rights & Social Justice
The article presents a comparative analysis of two marital property systems: California's community property system and the ancient Irish Brehon law. Despite their temporal and cultural differences, both systems remarkably recognize women's rights to own property, allow unilateral divorce, and value the economic contribution of wives. This comparison highlights progressive legal ideas and critiques the impact of colonialism on legal frameworks, particularly the erosion of Brehon law through cases like Gavelkind, which replaced it with English common law and undermined women's rights.
Toward A New Age Of Consumer Access Rights: Creating Space In The Public Accommodation For The Lgbt Community, Justin Muehlmeyer
Toward A New Age Of Consumer Access Rights: Creating Space In The Public Accommodation For The Lgbt Community, Justin Muehlmeyer
Cardozo Journal of Equal Rights & Social Justice
The article advocates for an expanded interpretation of public accommodation laws to include LGBT individuals, arguing that current legal frameworks often fail to address their unique experiences of discrimination. It emphasizes the need to modernize the definition of public accommodations to encompass contemporary spaces where cultural interactions occur, such as schools and photography services, while proposing limited exemptions to accommodate religious beliefs. The analysis underscores the ongoing tension between anti-discrimination laws and First Amendment rights, highlighting the human impact of these legal battles through compelling cases and statistics.
Panel 1: Race To The Vote, Kristen Clarke, Keesha Gaskins, Ekow Yankah, Janai Nelson
Panel 1: Race To The Vote, Kristen Clarke, Keesha Gaskins, Ekow Yankah, Janai Nelson
Cardozo Journal of Equal Rights & Social Justice
Symposium: By the People, for the People... But Which People? (January 30, 2013)
Sex-Parate But Equal? The Legality Of Single-Sex Public Schools And Their Discriminatory Effect On Transgender Students, Bryana Turner
Sex-Parate But Equal? The Legality Of Single-Sex Public Schools And Their Discriminatory Effect On Transgender Students, Bryana Turner
Cardozo Journal of Equal Rights & Social Justice
The note argues that single-sex public schools are both legally problematic and harmful, particularly to transgender students. It contends that such schools violate Title IX of the Education Amendments of 1972 and are unconstitutional under the precedent set by Brown v. Board of Education. The analysis highlights the discriminatory effects of single-sex education, which perpetuates gender stereotypes and fails to accommodate transgender students, who are disproportionately affected by such policies.
The Search For Authenticity And The Manipulation Of Tradition: Restrictions On Women's Reproductive Rights In The United States And Egypt, Sarah M. Stephens
The Search For Authenticity And The Manipulation Of Tradition: Restrictions On Women's Reproductive Rights In The United States And Egypt, Sarah M. Stephens
Cardozo Journal of Equal Rights & Social Justice
The article argues that restrictions on women's reproductive rights in both the U.S. and Egypt are rooted in the use of authenticity and cultural essentialism to maintain patriarchal control. These restrictions, though justified through differing cultural and legal frameworks, reflect a common goal of silencing women and preserving traditional social hierarchies. The analysis highlights how law and politics are employed as tools to construct cultural otherness, furthering political agendas at the expense of women's reproductive autonomy and dignity.
Sex Matters: Considering Gender In Consumer Contracting, Amy J. Schmitz
Sex Matters: Considering Gender In Consumer Contracting, Amy J. Schmitz
Cardozo Journal of Equal Rights & Social Justice
We hear about the so-called "War on Women" and persisting salary gaps between men and women in the popular media, but contracts scholars and policymakers rarely discuss gender. Instead, dominant voices in the contracts field often reflect classical and economics-driven theories built on assumptions of gender neutral and economically rational actors. Furthermore, many mistakenly assume that market competition and antidiscrimination legislation address any improper biases in contracting. This Article therefore aims to shed light on gender's importance by distilling data from my own e-survey of Colorado consumers along with others' research regarding gender differences in contract outcomes, interests and behaviors. …
The Extension Of The Presumption Of Legitimacy To Same-Sex Couples In New York, Alexandra Eisman
The Extension Of The Presumption Of Legitimacy To Same-Sex Couples In New York, Alexandra Eisman
Cardozo Journal of Equal Rights & Social Justice
The note argues that the presumption of legitimacy, a cornerstone of family law, should be extended to same-sex couples to ensure legal equality and protect the rights of their children. It critiques the traditional application of the presumption, which excludes same-sex couples, and advocates for its evolution to align with modern legal trends and the best interests of children. The analysis emphasizes the importance of legislative and judicial action to address the disparities faced by same-sex families under current laws.
Annotated Legal Bibliography On Gender
Annotated Legal Bibliography On Gender
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Table Of Contents, Cardozo Journal Of Law & Gender, Vol. 19, Iss. 3
Table Of Contents, Cardozo Journal Of Law & Gender, Vol. 19, Iss. 3
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Expanding Rape Shield Laws: Breaking Through Prejudice For Better Protection Of Battered Women, Sarah C. Ayres
Expanding Rape Shield Laws: Breaking Through Prejudice For Better Protection Of Battered Women, Sarah C. Ayres
Cardozo Journal of Equal Rights & Social Justice
The article argues for the expansion of rape shield laws to civil cases involving orders of protection, asserting that the exclusion of evidence regarding consensual sex between a victim and her abuser is crucial to counteract prejudicial stereotypes and provide better legal protection for battered women.
Panel 2: The Ballot, The Bench, And The Bedroom, Farah Diaz-Tello, Praveen Fernandes, Anna Franzonello, Jeremy K. Kessler, Gigi N. Parris, Edward Stein
Panel 2: The Ballot, The Bench, And The Bedroom, Farah Diaz-Tello, Praveen Fernandes, Anna Franzonello, Jeremy K. Kessler, Gigi N. Parris, Edward Stein
Cardozo Journal of Equal Rights & Social Justice
Symposium: By the People, for the People... But Which People? (January 20, 2013)
Keynote Address, Carrie Evans
Keynote Address, Carrie Evans
Cardozo Journal of Equal Rights & Social Justice
Symposium: By the People, for the People... But Which People? (January 30, 2013)
Crisis Pregnancy Centers: Impeding The Right To Informed Decision Making, Alice X. Chen
Crisis Pregnancy Centers: Impeding The Right To Informed Decision Making, Alice X. Chen
Cardozo Journal of Equal Rights & Social Justice
The note argues that crisis pregnancy centers (CPCs) in the United States engage in deceptive practices to deter women from obtaining abortions, often masquerading as medical facilities while providing misleading information about reproductive health. These centers receive significant funding from federal and state governments, despite their lack of regulation and medical licensure. The note contends that while local governments have attempted to regulate CPCs through ordinances requiring transparency, these efforts have largely been struck down by federal courts on First Amendment grounds. The author advocates for state-level action to protect women's rights to informed decision-making and accurate reproductive healthcare.