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Articles 91 - 120 of 137
Full-Text Articles in Law and Gender
Title Vii And Homosexual Harassment After Oncale: Was It A Victory?, Mary I. Coombs
Title Vii And Homosexual Harassment After Oncale: Was It A Victory?, Mary I. Coombs
Articles
No abstract provided.
African Women In France: Immigration, Family And Work, Judy Scales-Trent
African Women In France: Immigration, Family And Work, Judy Scales-Trent
Journal Articles
No abstract provided.
Women's Equality In The Canadian Criminal Justice System: Something Less Than A Fair Shake, P. Michael Cantlon
Women's Equality In The Canadian Criminal Justice System: Something Less Than A Fair Shake, P. Michael Cantlon
LLM Theses
This thesis examines the issue of gender equality in the Canadian criminal justice system. It dissects two specific issues, the disclosure of a sexual assault complainant's therapeutic or counselling records and the prosecution of domestic assault charges. Within these two issues it is argued that the criminal justice system has failed to treat female victims of violent crime fairly and equally. Moreover, it is suggested that this failure is anchored in a neglect of the appreciation of the unique gender issues connected to these matters within a contextual framework. With regards to the disclosure issue, a fundamental tenet, the presumption …
Sign At Your Own Risk: The "Rca" Prenuptial May Prejudice The Fairness Of Your Future Divorce Settlement, Susan Metzger Weiss
Sign At Your Own Risk: The "Rca" Prenuptial May Prejudice The Fairness Of Your Future Divorce Settlement, Susan Metzger Weiss
Cardozo Journal of Equal Rights & Social Justice
The article critiques the Rabbinical Council of America (RCA) Prenup for failing to adequately address the power imbalance in Jewish divorce law, particularly the agunah problem, where women are unable to obtain a divorce due to their husbands' refusal to grant a get. While the RCA Prenup aims to mitigate this issue, it ultimately perpetuates existing power dynamics by limiting women's access to secular legal protections. The analysis highlights alternative prenups, such as the RosenZvi Prenup, as more equitable solutions that integrate secular legal safeguards while maintaining the integrity of Jewish law.
Table Of Contents - Cardozo Women's Law Journal, Vol. 6, Iss. 1
Table Of Contents - Cardozo Women's Law Journal, Vol. 6, Iss. 1
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Masthead - Cardozo Women's Law Journal, Vol. 6 (1999)
Masthead - Cardozo Women's Law Journal, Vol. 6 (1999)
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Women In The New Millennium: The Promises Of The Past Are Now The Problems For The Millennium, Lundy R. Langston
Women In The New Millennium: The Promises Of The Past Are Now The Problems For The Millennium, Lundy R. Langston
Cardozo Journal of Equal Rights & Social Justice
The article argues that the equality principle, while intended to promote gender equality, has failed to address the unique challenges and needs of women, particularly in legal and workplace contexts. Despite advancements in women's rights, structural disparities persist, with women bearing disproportionate burdens in caregiving, employment, and legal proceedings. The analysis critiques how courts and policies often ignore the biological and societal differences between men and women, leading to outcomes that perpetuate gender inequality. The article emphasizes the need for a more nuanced approach to equality that accounts for these differences and addresses systemic power imbalances.
The Ties That Bind, Melissa F. Savage
The Ties That Bind, Melissa F. Savage
Cardozo Journal of Equal Rights & Social Justice
The note examines the evolving legal recognition of foster parents' rights, particularly focusing on the constitutional protections afforded to long-term foster parents under the Due Process Clause of the Fourteenth Amendment. It highlights the significance of the Rodriguez v. McLoughlin case, which established that foster parents who have formed strong emotional bonds with a child and are in the process of adoption may have a constitutionally protected liberty interest in their relationship. The analysis emphasizes the tension between the contractual nature of foster care and the emotional ties that develop, advocating for due process protections for long-term foster parents while …
The Fundamentalist Face Of Secularism And Its Impact On Women's Rights In India, Joseph C. Hostetler-Baker & Hostetler Lecture, Ratna Kapur
Cleveland State Law Review
I am going to talk about three things today: The first is to give you a very brief account of the competing understandings of secularism that have emerged in India. I look at the model of secularism that is being promoted by the Hindu Right and the validation this has received from the electorate, but more importantly, the Supreme Court. Secondly, I will address why the wall of separation does not provide a way out of the crisis of secularism in India and how it has not solved the problem of majoritarianism even in the American context. And finally, how …
Women In The New Millennium: The Promises Of The Past Are Now The Problems For The Millennium, Lundy Langston
Women In The New Millennium: The Promises Of The Past Are Now The Problems For The Millennium, Lundy Langston
Journal Publications
In this Article, I will explore the roles of women and the expectations that society maintains for them in the past and the expectations for the present and future. As we enter the millennium, the courts appear to administer the law in the same way as laws were administered prior to the women's rights movement. Judges appear to implement notions of equal rights while society attaches the notions of the "difference group" without any special treatment for the dual roles. Something interesting appears to be happening to the dual roles of women. There is one standard stating that women must …
And Miles To Go Before I Sleep: The Road To Gender Equity In The California Legal Profession, Maryann Jones
And Miles To Go Before I Sleep: The Road To Gender Equity In The California Legal Profession, Maryann Jones
University of San Francisco Law Review
No abstract provided.
Affirmative Action In South Africa: Transformation Or Tokenism, Penelope Andrews
Affirmative Action In South Africa: Transformation Or Tokenism, Penelope Andrews
Articles & Chapters
No abstract provided.
Commentaries, Paul Magnarella
Commentaries, Paul Magnarella
Cardozo Journal of International and Comparative Law
Symposium: Cannibal Democracies: Human Rights and Democracy in Turkey
Bibliographical Essay: Women And The Legal Profession , Cynthia Grant Bowman
Bibliographical Essay: Women And The Legal Profession , Cynthia Grant Bowman
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Women And International Law Program, Journal Of Gender, Social Policy & The Law
The Women And International Law Program, Journal Of Gender, Social Policy & The Law
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Pedagogy And Law: Ideas For Integrating Gender Into Legal Education, Marclea V. Rodriguez
Pedagogy And Law: Ideas For Integrating Gender Into Legal Education, Marclea V. Rodriguez
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The First "First Gentleman": The Role Of President Jane Doe's Husband , John Dwight Ingram
The First "First Gentleman": The Role Of President Jane Doe's Husband , John Dwight Ingram
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Global Issues In Compensatory Justice: Introduction, Penelope Andrews
Global Issues In Compensatory Justice: Introduction, Penelope Andrews
Articles & Chapters
No abstract provided.
Women And The Internet, Carlin Meyer
Market Work And Family Work In The 21st Century, Joan C. Williams
Market Work And Family Work In The 21st Century, Joan C. Williams
Faculty Scholarship
No abstract provided.
Is Law An Art Or A Science?: Comments On Objectivity, Feminism, And Power, Joan C. Williams
Is Law An Art Or A Science?: Comments On Objectivity, Feminism, And Power, Joan C. Williams
Faculty Scholarship
No abstract provided.
Tribute To Curt Berger, Joan C. Williams
Gender Bias, Cognition And Power In The Legal Academy, Elizabeth M. Schneider
Gender Bias, Cognition And Power In The Legal Academy, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Feminist Theory And Feminist Method: Transforming The Experience Of The Classroom, Ann Shalleck
Feminist Theory And Feminist Method: Transforming The Experience Of The Classroom, Ann Shalleck
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Employers And Employees Beware: The Duties Imposed By The Recent Supreme Court Decisions And Their Impact On Sexual Harassment Law, Jill Kreisberg
Employers And Employees Beware: The Duties Imposed By The Recent Supreme Court Decisions And Their Impact On Sexual Harassment Law, Jill Kreisberg
Cardozo Journal of Equal Rights & Social Justice
The comment examines the Supreme Court's decisions in Faragher and Burlington Industries, which clarified employer liability for sexual harassment by supervisors under Title VII. The Court established that employers are vicariously liable for supervisor harassment, subject to a limited exception if the employer can demonstrate reasonable efforts to prevent misconduct and the employee unreasonably failed to utilize corrective measures. These rulings resolved conflicting lower court standards and emphasized the importance of anti-harassment policies and procedures to address workplace harassment effectively.
A Solomonic Decision: What Will Be The Fate Of Frozen Preembryos?, David H. Fiestal
A Solomonic Decision: What Will Be The Fate Of Frozen Preembryos?, David H. Fiestal
Cardozo Journal of Equal Rights & Social Justice
The Kass v. Kass case highlights the legal complexities surrounding disputes over frozen preembryos post-divorce, emphasizing the court's reliance on prior agreements and the need for a balanced legal framework that respects individual rights while addressing medical advancements.
Enhancing Autonomy For Battered Women: Lessons From Navajo Peacemaking, Donna Coker
Enhancing Autonomy For Battered Women: Lessons From Navajo Peacemaking, Donna Coker
Articles
In this Article, Professor Donna Coker employs original empirical research to investigate the use of Navajo Peacemaking in cases involving domestic violence. Her analysis includes an examination of Navajo women's status and the impact of internal colonization. Many advocates for battered women worry that informal adjudication methods such as Peacemaking ignore domestic hierarchies of power and thus facilitate the batterer's ongoing violence against the victim. Those who endorse the use of Navajo Peacemaking and other systems of restorative justice believe that such processes are better equipped to cut through the batterer's denial and victim blaming and are more likely to …
Miller V. Albright: Problems Of Constitutionalization In Family Law, Katharine B. Silbaugh
Miller V. Albright: Problems Of Constitutionalization In Family Law, Katharine B. Silbaugh
Faculty Scholarship
From time to time, the Supreme Court chooses to hear a case addressing a family law issue. The family law cases accepted by the Supreme Court almost always present a constitutional challenge because absent a constitutional question, state law governs family law. Because the Supreme Court controls its docket, it is free to select only those cases that, in the view of the Court, pose particularly challenging issues. On most occasions, the Court chooses only those family law cases that present other, unrelated issues of interest to the Court.
Three's A Crowd: A Feminist Critique Of Calabresi And Melamed's One View Of The Cathedral, Jeanne L. Schroeder
Three's A Crowd: A Feminist Critique Of Calabresi And Melamed's One View Of The Cathedral, Jeanne L. Schroeder
Articles
The article critiques Calabresi and Melamed's trichotomy of property rights, arguing that it oversimplifies property as a binary relationship between subject and object, neglecting the complexities of enjoyment and third-party interests. By employing a feminist and Lacanian psychoanalytic perspective, the analysis highlights how this framework fails to address the dynamic, relational, and intersubjective nature of property, particularly in environmental disputes. The author advocates for a more inclusive understanding of property that incorporates both masculine and feminine metaphors, emphasizing the need to move beyond possession and exchange to recognize the mutual constitution of entitlements and law.
Breaking Out Of "Custody": A Feminist Voice In Constitutional Criminal Procedure, Dana Raigrodski
Breaking Out Of "Custody": A Feminist Voice In Constitutional Criminal Procedure, Dana Raigrodski
Articles
In this Essay, I suggest that reexamination of this field of law through a feminist lens can shed new light and add to the understanding of constitutional criminal procedure. These insights, in turn, can and should generate a positive feminist jurisprudence of criminal procedure—a distinctive feminist voice to be integrated systematically into our constitutional criminal procedure and our criminal justice system. Applying feminist legal theories to particular areas of constitutional criminal procedure may help guide us through the more difficult task of constructing a positive feminist jurisprudence of constitutional criminal procedure. Many areas of constitutional criminal procedure lend themselves as …