Law and Gender Commons^™

Straying From The Path Of The Law After One Hundred Years, The, Tracy E. Higgins

Faculty Scholarship

What common ground can be found between modern feminist legal theory and a century-old essay advocating understanding the law from the perspective of the "bad man"? The question admits of no simple answer. Feminists, including myself, might agree with some irony that "[i]f you want to know the law and nothing else, you must look at it as a bad man" but would add that this is precisely the problem. Of course, Holmes does not use the concept of the bad man in a feminist sense to suggest that the law empowers the bad man at the expense of women. …

Insurance Discrimination Against Battered Women: Proposed Legislative Protections, Ellen J. Morrison

Indiana Law Journal

No abstract provided.

The Violence Against Women Act After United States V. Lopez: Will Domestic Violence Jurisdiction Be Returned To The States, Stacey L. Mckinley

Cleveland State Law Review

Recent judiciary and media events have put a national focus on the overlooked problem of domestic violence. Federal lawmakers admirably responded to this attention in an aggressive manner when Congress passed the Violence Against Women Act (VAWA). Although little doubt exists that this country needs to reduce domestic violence, this sweeping federal legislation may not be the most effective means. The hasty response by federal lawmakers is unconstitutional in consideration of the Supreme Court's recent holding in Lopez. Although initial court challenges to the VAWA on Lopez grounds have resulted in split decisions, this Note argues that portions of the …

Staking Their Claim: The Impact Of Kentucky Women In The Political Process, Penny M. Miller

Kentucky Law Journal

No abstract provided.

Playing The "Gender" Card: Affirmative Action And Working Women, Mary K. O'Melveny

Kentucky Law Journal

No abstract provided.

Public Policy And Private Lives: Social And Spatial Dimensions Of Women's Poverty And Welfare Policy In The United States, Ann R. Tickamyer

Kentucky Law Journal

No abstract provided.

Fighting For Their Lives: Women, Poverty, And The Historical Role Of United States Law In Shaping Access To Women's Health Care, Susan L. Waysdorf

Kentucky Law Journal

No abstract provided.

"A Masculinist Vision Of Useful Labor" Popular Ideologies About Women And Work In The United States, 1820 To 1939, Patricia Cooper

Kentucky Law Journal

No abstract provided.

A False Public Sentiment: Narrative And Visual Images Of Women Lawyers In Film, Louise Everett Graham, Geraldine Maschio

Law Faculty Scholarly Articles

The Seneca Falls Declaration of Sentiments claimed for women not only equality of rights under the law, but a cultural status that was not the product of compliance. It sought to enfranchise women across the entire panoply of social activity, and to afford them representation in a number of areas. Whether women have achieved the stature aspired to by the Declaration of Sentiments can be approached in a variety of ways. We have chosen to do so by exploring cinematic images of women lawyers.

Popular film serves as a cultural text. When we look at a group of films on …

Introduction, The Sesquicentennial Of The 1848 Seneca Falls Women's Rights Convention: American Women's Unfinished Quest For Legal, Economic, Political, And Social Equality, Carolyn S. Bratt

Law Faculty Scholarly Articles

On July 19, 1998, America celebrated the 150th anniversary of the Seneca Falls Convention. Almost three hundred women and men including Lucretia Mott, Elizabeth Cady Stanton, and Frederick Douglass met on that July date in 1848 at Seneca Falls, New York, for a two-day discussion of the "social, civil and religious rights of woman." At the conclusion of the meeting, sixty-eight women and thirty-two men signed their names to a Declaration of Sentiments and this country's organized women's rights movement began. The Declaration of Sentiments was the earliest, systematic, public articulation in the United States of the ideas that fuel …

Feminism, Law, And Bioethics, Karen H. Rothenberg

Faculty Scholarship

Feminist legal theory provides a healthy skepticism toward legal doctrine and insists that we reexamine even formally gender-neutral rules to uncover problematic assumptions behind them. The article first outlines feminist legal theory from the perspectives of liberal, cultural, and radical feminism. Examples of how each theory influences legal practice, case law, and legislation are highlighted. Each perspective is then applied to a contemporary bioethical issue, egg donation. Following a brief discussion of the common themes shared by feminist jurisprudence, the article incorporates a narrative reflecting on the integration of the common feminist themes in the context of the passage of …

The Paradox Of The Fresh Complaint Rule, Kathryn M. Stanchi

Scholarly Works

This Article explores the paradox of the fresh complaint rule, evaluates the proposed solutions, and suggests a modified rule as an interim solution. Part II of this Article explores the fresh complaint rule, from its historical roots in the English common law to its evolution in the United States, with special attention to the rationale for the rule, the requirement of freshness, and the standards for the rule's application. Parts III and IV examine the paradox raised by the need for and effectiveness of the rule and its concurrent harmful effects. Part V describes proposed solutions to the paradox and …

Whose Justice? Which Victims?, Lynne Henderson

Scholarly Works

No abstract provided.

Because I Am Black, Because I Am Woman: Remedying The Sexual Harassment Experience Of Black Women, Andrea L. Dennis

Scholarly Works

This Note examines the intersection of race and gender in the context of sexual harassment jurisprudence. Since the arrival in this country of the first female African slaves, Black women have experienced sexual harassment on the job. This Note discusses the failure of sexual harassment theory to acknowledge the unique sexual harassment experience of Black women. From the very earliest discussions of sexual harassment, the impact of the race of the victim on the experience and resulting legal claim was ignored. Feminist legal theorists, leaders in issues affecting women, have been slow to acknowledge and integrate the role of race …

Table Of Contents - Cardozo Women's Law Journal, Vol. 3, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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

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

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

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

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

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

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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

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

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

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

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

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

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.