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Articles 91 - 118 of 118
Full-Text Articles in Law and Gender
Probabilistic Networks And Inferred Causation, Christian Borgelt, Rudolf Kruse
Probabilistic Networks And Inferred Causation, Christian Borgelt, Rudolf Kruse
Cardozo Law Review
In this article we discuss two related subjects. In the first place, we explain in a tutorial manner the technique of reasoning in probabilistic network structures, which is based on the idea of decomposing a multi-dimensional probability distribution and drawing inferences using only the parts of the decomposition. Secondly, we consider the relations between the structure of a multi-dimensional probability distribution and the underlying causal structure and examine an algorithm which tries to infer the causal structure from the probabilistic structure.
Taking Care Of Our Daughters, Katharine K. Baker
Taking Care Of Our Daughters, Katharine K. Baker
Cardozo Law Review
In The Neutered Mother, The Sexual Family and Other Twentieth Century Tragedies, Martha Fineman gives a powerful critique of the traditional family and proposes an innovative model for change. In the course of her critique, Fineman reveals a number of important truths. Primary among these truths are (1) that dependency begets dependency; (2) that equality rhetoric and practice are vacuous vehicles for justice in a world in which differing degrees of dependency beget different ability; (3) that the privacy and silence of dependency is crucial to patriarchy's construction of the family. Dependencies are created every time a baby is …
Gender In The Law Of Slavery In The Antebellum United States, Andrew T. Fede
Gender In The Law Of Slavery In The Antebellum United States, Andrew T. Fede
Cardozo Law Review
In her thought-provoking paper Finding Sojourner's Truth: Race, Gender, and the Institution of Property, Cheryl I. Harris explores the connections between slavery, race, and gender in the law of the antebellum United States. Harris acknowledges that slaves alone were defined as property at law, and, therefore,*the legal status of slaves differed from free white women and free black women. She also acknowledges that "white women" were allowed property rights on "male-defined terms" but asserts, nevertheless, that free women could be considered as a form of property.
Hegel’S Slaves, Blackstone’S Objects, And Hohfeld’S Ghosts: A Comment On Thomas Russell’S Imagery Of Slave Auctions, Jeanne L. Schroeder
Hegel’S Slaves, Blackstone’S Objects, And Hohfeld’S Ghosts: A Comment On Thomas Russell’S Imagery Of Slave Auctions, Jeanne L. Schroeder
Cardozo Law Review
Thomas Russell's wonderful paper A New Image of the Slave Auction is an example of how the best empirical work can result in conclusions that are so obviously "right" that they risk being mistaken as obvious. His paper serves as an important warning against a recurring problem in legal, as well as other scholarship: Picture thinking-in the sense of an unconscious (and as a result, unquestioning and uncritical) acceptance of familiar, traditional, comfortable imagery-so often blinds us.
Estranged Fruit: The Reconstruction Amendments, Moral Slavery, And The Rearticulation Of Lesbian And Gay Identity, E. Nathaniel Gates
Estranged Fruit: The Reconstruction Amendments, Moral Slavery, And The Rearticulation Of Lesbian And Gay Identity, E. Nathaniel Gates
Cardozo Law Review
David A.J. Richards has composed a thoughtful and suggestive narrative that centers on the excavation of the antislavery constitutionalism forged by a small, but arguably influential, group of antebellum abolitionist feminists. Central to his narrative, and to the constitutional theses of the abolitionist feminists, is the concept of "moral slavery" which, on Richards' account, constitutes a crucial element of the hermeneutic background essential to a proper interpretation of the Reconstruction Amendments. According to Professor Richards, an understanding of the figure of the abolitionist feminist as a "multiple exile and outcast" who in opposing "moral slavery" played a vital role in …
“So Tall Within” - The Legacy Of Sojourner Truth, Peggy Cooper Davis
“So Tall Within” - The Legacy Of Sojourner Truth, Peggy Cooper Davis
Cardozo Law Review
I take my text from Professor Harris's rich discussion of Sojourner Truth's life narrative. I begin, as Professor Harris began, with Truth's assertion of parental right. When her five-year-old son, Peter, was sent by his owner from New York to Alabama, Truth agonized over the loss of contact between herself and her child. She feared that Peter would lose the opportunity, owed to him under New York law, of liberation at the age of twenty-one. Truth's insistent cry, "I'll have my child again," was initially dismissed by incredulous slaveholders. But it became a theme of struggle as she repeatedly walked …
Finding Sojourner’S Truth: Race, Gender, And The Institution Of Property, Cheryl I. Harris
Finding Sojourner’S Truth: Race, Gender, And The Institution Of Property, Cheryl I. Harris
Cardozo Law Review
This Article begins with the signature speech of Sojourner Truth, one of a handful of Black women of the nineteenth century who became an important figure in the abolitionist movement, a national figure in her own time, and an icon of both historical and contemporary feminism. As the emblematic Black woman of her time and as a Black woman that both suffered under and transcended slavery, Sojourner Truth was and is a critically situated subject through which to examine the crosscutting constructions of race and gender forged under slavery.
Abolitionist Feminism, Moral Slavery, And The Constitution: “On The Same Platform Of Human Rights”, David A.J. Richards
Abolitionist Feminism, Moral Slavery, And The Constitution: “On The Same Platform Of Human Rights”, David A.J. Richards
Cardozo Law Review
The analogy between race and gender plays an increasingly important role in the interpretation of the Equal Protection Clause of the Fourteenth Amendment. However, interpretive arguments about the analogy make little or no reference to the abolitionist historical background of the Reconstruction Amendments in general and the Fourteenth Amendment in particular. This might make some sense if the only legitimate interpretive appeal to history were Raoul Berger's version of originalism, namely, the specific denoted things (including persons and practices) to which the relevant drafters and ratifiers of the pertinent constitutional text would or would not have applied the language in …
The Fifteenth Amendment And "Political Rights", Akhil Reed Amar
The Fifteenth Amendment And "Political Rights", Akhil Reed Amar
Cardozo Law Review
Professor Xi Wang has offered us an altogether exemplary paper on black suffrage. Rather than trying to criticize it, I shall attempt to extend it by picking up where he left off. My main text is the Fifteenth Amendment. I would like to suggest that the best interpretation of the Fifteenth Amendment would read it as encompassing a cluster of political rights; the Amendment protects not only the right to vote, but also the right to hold office, the right to be voted for, the right to vote in a legislature, the right to serve on a jury, and even …
Bondage, Freedom & The Constitution, Eric Foner
Bondage, Freedom & The Constitution, Eric Foner
Cardozo Law Review
Linking the papers on this most interesting panel are questions that center on the meaning of freedom. What is freedom? Who has the power to define what freedom is? What are the consequences of slavery and its abolition for Americans' understandings of freedom? In one way or another, these papers, as well as many others in this conference, illuminate these questions.
Schrodinger’S Cat, Eugenics, And The Compulsory Sterilization Of Welfare Mothers: Deconstructing An Old/New Rhetoric And Constructing The Reproductive Right To Natality For Low-Income Women Of Color, Beverly Horsburgh
Cardozo Law Review
In Part I of this Article, I briefly trace the history of racism, sexism, and class bias in western scientific thought as well as the legal consequences that ensued in this country from scientific prejudice. In Part II, I turn to eugenics in our own time and explore the sterilization abuse of poor women of color as a disguised form of eugenics. I argue that the lack of popular sympathy for the reproductive problems of these women, due to their negative dehumanizing stereotyping and the pervasive influence of sociobiology, facilitates public acceptance of harsher measures in the future. I refer, …
The Vestal And The Fasces: Property And The Feminine In Law And Psychoanalysis, Jeanne L. Schroeder
The Vestal And The Fasces: Property And The Feminine In Law And Psychoanalysis, Jeanne L. Schroeder
Cardozo Law Review
The fasces symbolized the majesty of Roman law. It was an axe attached to a bundle of sticks. Consuls, emperors, and other high-ranking officials were escorted in public by lictors bearing the fasces as the visible representation of the enforcement powers of the state. Offenders could be mercifully flogged with one of the sticks or justly executed with the blade.
Women, Law, And Inequality: Rethinking International Human Rights, Mary Elizabeth Bartholomew, Drucilla Cornell
Women, Law, And Inequality: Rethinking International Human Rights, Mary Elizabeth Bartholomew, Drucilla Cornell
Cardozo Law Review
In 1984, Robin Morgan posed this remarkable question in her historic book Sisterhood is Global. The Feminist Legal Resource Center remains but an unrealized goal of the international feminist legal community. Such a center could benefit women, especially women in the law, seeking to obtain access to information about trends and movements worldwide in the struggle to expand the rights of women. Beginning for the most part with the aftermath of World War II, when individuals became subjects of international law with the creation and proliferation of human rights law, lawyers and others concerned with the promotion of good government …
Leave No Child Behind, Marian Wright Edelman
Leave No Child Behind, Marian Wright Edelman
Cardozo Law Review
The forty-sixth Cardozo Memorial Lecture, delivered in memory of Benjamin N. Cardozo at the House of the Association on December 17, 1992.
The Jewish Lawyer, Jerome Hornblass
John D. Appel, Robert S. Rifkind
Autopoiesis In America, Stephen Diamond
Environmental Management For The Future: Environmental Auditing Is Not Enough, Frank B. Friedman
Environmental Management For The Future: Environmental Auditing Is Not Enough, Frank B. Friedman
Cardozo Law Review
No abstract provided.
Desire Of Law - Law Of Desire, Mark C. Taylor
Desire Of Law - Law Of Desire, Mark C. Taylor
Cardozo Law Review
No abstract provided.
Comments On David Krell's "Lucinde's Shame: Hegel, Sensuous Woman, And The Law", Frances Olsen
Comments On David Krell's "Lucinde's Shame: Hegel, Sensuous Woman, And The Law", Frances Olsen
Cardozo Law Review
No abstract provided.
Hegelian Slaves And The Antebellum South, Jonathan Bush
Hegelian Slaves And The Antebellum South, Jonathan Bush
Cardozo Law Review
No abstract provided.
Law And Consciousness, Charles A. Reich
Pool Coverage, Press Access, And Presidential Debates: What’S Wrong With This Picture, Wendy S. Zeligson
Pool Coverage, Press Access, And Presidential Debates: What’S Wrong With This Picture, Wendy S. Zeligson
Cardozo Law Review
No abstract provided.
The Probable Significance Of The Bork Appointment For Issues Of Particular Concern To Women, Mary Ann Glendon
The Probable Significance Of The Bork Appointment For Issues Of Particular Concern To Women, Mary Ann Glendon
Cardozo Law Review
No abstract provided.
Analysis Of Judge Robert H. Bork’S Opinions On Standing, Daniel D. Polsby
Analysis Of Judge Robert H. Bork’S Opinions On Standing, Daniel D. Polsby
Cardozo Law Review
No abstract provided.
Abortion: A Disputation, Peter Lushing
Sexual Equality Before The Silver Oar: Lifting The Fog On Women, Ships, And The Law Of Admiralty, Robert M. Jarvis
Sexual Equality Before The Silver Oar: Lifting The Fog On Women, Ships, And The Law Of Admiralty, Robert M. Jarvis
Cardozo Law Review
No abstract provided.
Artificial Conception: A Legislative Proposal, Felicia R. Fashing
Artificial Conception: A Legislative Proposal, Felicia R. Fashing
Cardozo Law Review
No abstract provided.