Law and Gender Commons^™

Accommodating Pregnancy In The Workplace, Deborah Calloway

Faculty Articles and Papers

No abstract provided.

Defending Pornography: Free Speech & The Fight For Women’S Rights, Nadine Strossen

Books

The newest attacks on the First Amendment and on free expression have come from a vocal and influential segment of the feminist movement that has launched a successful - and puritanical - crusade against "pornography" as the root of discrimination and violence against women. But, as Nadine Strossen, president of the American Civil Liberties Union, forcefully argues, this view of sexuality as inherently dangerous does profound damage to human rights in general, and to women's rights in particular. In Defending Pornography, Strossen shows that, since the late 1970s, a new and startling alliance has been fused between "procensorship" feminists, most …

The Ties That Bind: An Interdisciplinary Analysis Of Gender, Ethnicity, And The Practice Of Law, Rosemary C. Salomone

Faculty Publications

(Excerpt)

Over the past decade, fueled in part by Carol Gilligan's controversial book, In a Different Voice, both feminists and scholars of color have critically examined the law from the "outsiders'" perspective. Stretching methodological bounds, this interrelated body of scholarship has utilized narrative form to question the gender and racial implications of social practices and legal rules and to demonstrate the useful purpose that stories serve as a means of including marginalized groups in law's evolution and reform. Women scholars of color have carved out a particular role in this debate, criticizing feminism's categorical conceptualization of "woman." They have advanced …

Domestic Violence & Partner Notification: Implications For Treatment And Counseling Of Women With Hiv, Karen H. Rothenberg, Stephen Paskey, Melissa M. Reuland, Sheryl Itkin Zimmerman, Richard L. North

Journal Articles

No abstract provided.

The Risk Of Domestic Violence And Women With Hiv Infection: Implications For Partner Notification, Public Policy, And The Law, Karen H. Rothenberg, Stephen Paskey

Journal Articles

No abstract provided.

Masthead - Cardozo Women's Law Journal, Vol. 2 (1995)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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.

Introduction, Eli M. Noam, Lisa M. Domonkos

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Girls And The Getaway: Cars, Culture, And The Predicament Of Gendered Space, Carol Sanger

Faculty Scholarship

What does law tell us about our relations to material things? Property theorists maintain that there are no legal relations between persons and things. Things can be owned, transferred, bequeathed, assigned, repossessed, and so on, but such arrangements really describe relationships among different persons with regard to the object rather than relationships between persons and things.

Yet the quality or shape of the legal relations among persons often depends on the cultural meaning of the thing in question, a meaning (or meanings) that exists, in some form anyway, prior to or independent of, legal concepts traditionally attached to things such …

Judging Girls: Decision Making In Parental Consent To Abortion Cases, Suellyn Scarnecchia, Julie Kunce Field

Articles

Judges make determinations on a daily basis that profoundly affect people's lives. On March 28, 1991, the Michigan legislature enacted a statute entitled The Parental Rights Restoration Act (hereinafter "the Michigan Act" or "the Act"). This statute delegated to probate court judges the extraordinary task of deciding whether a minor girl may have an abortion without the consent of a parent. Nothing in law school and little in an average judge's experience provide a meaningful framework for making such a decision. Although many commentators, including the authors, argue that decisions about abortion should be left to the woman regardless of …

Full Faith And Credit: Interstate Enforcement Of Protection Orders Under The Violence Against Women Act Of 1994, Catherine F. Klein

Scholarly Articles

This article focuses on Title II, Safe Homes for Women, specifically, interstate enforcement of protection orders. Prior to the enactment of VAWA, the majority of states did not afford full faith and credit to protection orders issued in sister states! This was a serious breach in the protection afforded victims of domestic violence. Without full faith and credit statutes, a state only has the power to protect victims of domestic violence within its boundaries, limiting the protection afforded to victims if they are forced to move or flee to another state.

Prior to the VAWA, in order to receive protection …

Myths And Moms: Images Of Women And Termination Of Parental Rights, Odeana R. Neal

All Faculty Scholarship

For most of us, the word "mother" evokes a myriad of often conflicting images and emotions, expectations and disappointments, and gratitude and blame. What a mother is - our own mothers and the class of people who are mothers - means much more than that a woman has given birth. We expect mothers to provide their children with all the love, caring, nurturing, and emotional fulfillment that we perceive those children need and desire; we expect her to be all things that we want her to be when we need her to be them. A woman who can fulfill the …

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

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

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

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

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

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.

Marriage And Divorce: Legal Foundations, Azizah Y. Al-Hibri

Law Faculty Publications

This unique reference is a comprehensive encyclopedia dedicated to the institutions, religion, politics, and culture in Muslim societies throughout the world. Placing particular emphasis on the nineteenth and twentieth centuries, The Oxford Encyclopedia of the Modern Islamic World contains over 750 articles in four volumes on Muslims in the Arab heartland as well as South and Southeast Asia, Europe, and the Americas.

An invaluable resource, the Encyclopedia offers extensive comparative and systematic analyses of Islamic beliefs, institutions, movements, practices, and peoples on an international scale. The alphabetically arranged articles range from brief 500-word essays to major interpretive and synthetic treatment …

The Radical Feminist Defense Of Individualism, Cynthia V. Ward

Faculty Publications

No abstract provided.

A Comment On "Constitutional Rights As Public Goods", Robert F. Nagel

Publications

Discussion of T. W. Merrill, Dolan v. City of Tigard: Constitutional Rights as Public Goods, 72 Denv. U. L. Rev. 859 (1995).

Affirmative Action As A Women's Issue, Helen Norton

Publications

No abstract provided.

The Countermajoritarian Paradox, Neal Devins

Faculty Publications

No abstract provided.

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.

Drug Addiction During Pregnancy: A Call For Increased Social Responsibility, Page Mcguire Linden

American University Journal of Gender, Social Policy & the Law

No abstract provided.

When Battered Woman's Syndrome Does Not Go Far Enough: The Battered Woman As Vigilante, Elizabeth Ayyildiz

American University Journal of Gender, Social Policy & the Law

No abstract provided.

What If Mary Sue Wanted An Abortion Instead? The Effect Of Davis V. Davis On Abortion Rights, Christina L. Misner

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Recognizing Acquaintance Rape In Potentially Consensual Situations: A Re-Examination Of Thomas Hardy's Tess Of The D'Urbervilles, Kathleen F. Cairney

American University Journal of Gender, Social Policy & the Law

No abstract provided.

One Of The Guys, David L. Marin

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Silenced Justice, S.D. Schwinn

American University Journal of Gender, Social Policy & the Law

No abstract provided.