Law and Gender Commons^™

Women, Writing & Wages: Breaking The Last Taboo, Jan M. Levine, Kathryn M. Stanchi

Scholarly Works

No abstract provided.

Gendering The Pension Promise In Canada: Risk, Financial Markets And Neoliberalism, Mary Condon

Articles & Book Chapters

This article argues that retirement income provision in Canada is built on gendered assumptions, which produce material disadvantage for women. These inequalities are being exacerbated by current neoliberal trends towards the 'marketization' and individualization of pension provision, supported by tax, securities and corporate legal norms. The argument is developed using recent legislative changes to the operation of the Canada Pension Plan and recent developments in the regulation of mutual funds in Ontario as case studies. The article concludes by sketching out some possible points of departure for feminist interventions in pension privatization debates.

Why Doesn't She Leave? The Collision Of First Amendment Rights And Effective Court Remedies For Victims Of Domestic Violence, Laurie S. Kohn

Georgetown Law Faculty Publications and Other Works

Despite the persistence of the question, social science literature is replete with reasons why a victim does not or cannot leave a battering relationship. Commonly cited explanations include lack of financial resources; fear of physical retribution; lack of access to information about options for escape; enduring love for the batterer and belief he will change; learned helplessness; and depression. This Article, however, focuses on a pervasive and previously unexamined reason: the victim's fear that the batterer will publicize truthful confidential information that will hurt her. If the victim were to seek the court's protection, most state courts have the authority …

Self-Defense And Subjectivity, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

The law of self-defense has rarely produced as much academic or popular heat as it has in the past two decades. Widely publicized trials, such as the Goetz and Menendez cases, have generated deep-seated fears of a law unmoored from principle. Those fears have generated a standard public critique--that the criminal law has become too soft and subjective, too wedded to syndrome science and prone to weak-kneed affection for defendants. The criminal law has lost its "objectivity," so the argument goes. The poster child, and even the alleged cause of this development, is the battered woman.

In this article, the …

The Economics Of Dowry: Causes And Effects Of An Indian Tradition, Tonushree Jaggi

University Avenue Undergraduate Journal of Economics

I argue that dowries exist because of a combination of two reasons. First, there is an excess supply of women in the Indian marriage market that results in the use of dowry as an equilibrating mechanism. Secondly, a differential in the patterns of human capital accumulation of men and women have led to a larger positive benefit from marriage for women than for men, the net difference of which is theoretically equivalent to the amount of the dowry. Both these explanations for the existence of dowry are fundamentally grounded in the powerful social and cultural ideologies of marriage held by …

Next Challenge In Sexual Harassment Reform: Racial Disparity, The Panel One: Gender, Race, And Sexuality: Historical Themes And Emerging Issues In Women's Rights Law, Tanya K. Hernandez

Faculty Scholarship

In order to do my homework in discussing both a tribute to women's lawyering and activism and also discuss emerging issues, I am going to focus on sexual harassment.

Table Of Contents - Cardozo Women's Law Journal, Vol. 7, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

The Braided Uproar: A Defense Of My Sister's Hair And A Contemporary Indictment Of Rogers V. American Airlines, Michelle L. Turner

Cardozo Journal of Equal Rights & Social Justice

The article examines the discriminatory impact of employer-mandated grooming policies, particularly those prohibiting braided hairstyles, on Black women, using the case of Renee Rogers v. American Airlines as a focal point. It critiques the court's dismissal of Rogers' claims, arguing that such policies reflect systemic racism and sexism embedded in White beauty norms. The author advocates for legal reforms, including amending Title VII to recognize intersecting race and gender discrimination, and adopting a pluralist approach to cultural expression in the workplace.

One For My Baby, One More For The Road: Legislation And Counseling To Prevent Prenatal Exposure To Alcohol, James Drago

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal and ethical implications of balancing fetal rights with maternal autonomy, particularly in cases where pregnant women consume alcohol, potentially harming the fetus. It argues that while fetal rights have gained recognition in tort law, criminalizing maternal conduct raises constitutional concerns, including privacy and equal protection. The analysis advocates for a balanced approach, combining moderate criminal sanctions with education and support programs to protect fetal health while respecting women's rights.

Expedited Hiv Testing: An Unnecessary Test That Is Allowing The State To Trample On A Woman's Constitutional Rights, Sheree Gootzeit

Cardozo Journal of Equal Rights & Social Justice

The note argues that New York's expedited HIV testing for pregnant women is unconstitutional, ineffective, and invasive, violating Fourth Amendment rights and offering no significant benefits over existing laws. It asserts that the testing infringes on privacy, bodily integrity, and informed consent, while alternative methods like urine testing could achieve the same goals without such violations. The analysis emphasizes the need to protect women's rights during vulnerable periods while maintaining public health standards.

Masthead, Cardozo Women's Law Journal, Vol. 8 (2001-02)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Table Of Contents - Cardozo Women's Law Journal, Vol. 8, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Betraying Women In The Name Of Revolution: Violence Against Women As An Obstacle To Democratic Nation-Building In South Africa, Suzanne A. Kim

Cardozo Journal of Equal Rights & Social Justice

The article examines the contradiction between the formal legal advancements in gender equality and the persistent epidemic of violence against women in post-apartheid South Africa. Despite the African National Congress' (ANC) commitment to gender equality and the inclusion of women in political processes, the reality of widespread violence against women undermines the nation's democratic ideals and highlights the failure to address gender concerns within the broader nationalist agenda.

Taming The Pernicious Creature That Is § 523(A) (15) Of The United States Bankruptcy Code, Jeffrey Margolin

Cardozo Journal of Equal Rights & Social Justice

The note examines the complexities of Section 523a(15) of the U.S. Bankruptcy Code, focusing on the dischargeability of debts related to divorce, particularly property settlements. It critiques the legal handling of such debts, emphasizing the need for a more equitable approach. The analysis highlights historical context, judicial interpretations, and the impact of burden of proof placement on ex-spouses, especially women, advocating for a consistent and fair application of the law to balance the interests of debtors and creditors.

Fetal Neglect And State Intervention: Preventing Another Attleboro Cult Baby Death, Marilyn L. Miller

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal and ethical implications of the Rebecca Corneau case, where the state intervened in her pregnancy due to concerns about the viability of her fetus and her refusal of medical care based on religious beliefs. The court balanced Corneau's constitutional rights against the state's interest in protecting the fetus, ultimately prioritizing the latter. This decision highlights the tension between individual autonomy, religious freedom, and fetal rights, raising significant questions about the limits of state intervention in pregnancy.

Drug Tests, Arrests & Fetuses: A Comment On The U.S. Supreme Court's Narrow Opinion In Ferguson V. City Of Charleston, Brigitte M. Nahas

Cardozo Journal of Equal Rights & Social Justice

The article examines the Supreme Court's decision in Ferguson v. City of Charleston, where the Court ruled that a hospital's drug-testing policy for pregnant patients violated the Fourth Amendment. The analysis critiques the Court's narrow opinion for failing to provide clear guidance on future drug-testing policies, while emphasizing the unconstitutionality of using such policies primarily for law enforcement purposes. The author argues that the decision leaves unresolved questions about the balance between government interests and women's privacy and reproductive rights, particularly in the context of prenatal care and drug use.

Learning Through Service In A Clinical Setting: The Effect Of Specialization On Social Justice & Skills Training, Antoinette M. Sedillo Lopez

Faculty Scholarship

Arguing against the trend toward specialization in clinical legal education, this essay addresses potential limitations of specialized legal clinics in furthering the dual mission of clinical legal education: social justice and skills training. It points out that specialized clinics limit access to justice by leaving the myriad needs of clients partially unmet. They limit students' learning about the complex needs of clients and students' ability to discover broad inequities in the legal system. Specialization makes it more difficult to train students to be creative problem solvers, and affects their professional socialization

"There's No Crying In Baseball": Sports And The Legal And Social Construction Of Gender, Rhonda Reaves

Journal Publications

This Article analyzes the view that to be taken seriously as an athlete, women must replicate the behaviors prevalent in male-dominated sports. The Article focuses on sports in the educational context as an important opportunity for legal intervention. Because the law involves the allocation of resources and the policing of behavior by the government, this discussion prompts us to ask how resources should be allocated and what kinds of behavior should be encouraged and discouraged in promoting gender equity. In particular, the analysis of sports within educational programs offers an opportunity for a critical examination of current models of athletic …

Sexual Harassment Meets Zero Tolerance: Life In K-12 Schools Since Davis, Nan Stein

UC Law SF Journal on Gender and Justice

No abstract provided.

Gender And Intercollegiate Athletics: Data And Myths, Julia C. Lamber

Articles by Maurer Faculty

This Article explores what nondiscrimination means in the context of intercollegiate athletics. After reviewing the Department of Education's controversial Title IX Policy Interpretation, it critically examines the analytical framework used in Title IX athletic cases and concludes that commonly made analogies to litigation under Title VII of the 1964 Civil Rights Act are inapt. A major part of the Article is an empirical study, looking first at gender equity plans written by institutions of higher education for the National Collegiate Athletic Association and then at data collected from more than 325 institutions pursuant to the Equity in Athletics Disclosure Act. …

From Gender Apartheid To Non-Sexism: The Pursuit Of Women's Rights In South Africa, Penelope Andrews

Articles & Chapters

This article discusses the quest for women's rights in South Africa and how the transition from apartheid to democracy led to a commitment to gender equality as incorporated in South Africa's transitional and final Constitutions. This paper refers to the organizational attempts by women prior to and during the constitutional drafting process to ensure that the new Constitution embodied the aspirations and reflected the struggles for women's rights by women activists in South Africa. This article is divided into six sections. Section Two describes the legacy of apartheid for all women in South Africa. This section shows how the laws …

Divorce, Children's Welfare, And The Culture Wars, Elizabeth S. Scott

Faculty Scholarship

Are children harmed when their parents divorce? If so, should parents' freedom to end marriage be restricted? These questions have generated uncertainty and controversy in the decades since legal restraints on divorce have been lifted. During the 1970s and 80s, the traditional conviction that parents should stay together "for the sake of the children" was supplanted by a view that children are usually better off if their unhappy parents divorce. By this account, divorcing parents should simply try to accomplish the change in status with as little disruption to their children's lives as possible. This stance has been challenged sharply …

Confronting The Agency In Battered Mothers, Elaine M. Chiu

Faculty Publications

Despite the progress of the last three decades, the American public and even feminists remain caught in a web of ambivalence and contradictory attitudes and beliefs about battered women. Are battered women traumatized victims who suffer at the hands of their individual abusers and from the systemic failures of a male-dominated culture? Are they, therefore, unable to save themselves or their children? In contrast, are these women survivors who manage to protect themselves as best they can under uniquely difficult circumstances? Do they deserve recognition for their efforts, or do battered women somehow contribute to or exacerbate their own abuse …

Holding-Up More Than Half The Sky: Marketization And The Status Of Women In China, Anna M. Han

Faculty Publications

The purpose of this article is to examine generally how Chinese women fared under communism and more specifically, delve into how marketization has adversely impacted the status of women in China. It is this author's contention that despite the overall improvements in the standard of living, Chinese women are increasingly being marginalized economically. The long-term effects of subjugating the advancement of women for the immediate benefits of China's experimentation with a market economy hold vast implications for the future of the country. As China progresses economically, politically and socially, it cannot afford to leave half of its population behind as …

Compelled Medical Treatment Of Pregnant Women: The Balancing Of Maternal And Fetal Rights , Pamala Harris

Cleveland State Law Review

This note explores the question: is it ever permissible for a physician or a judge to compel a pregnant woman to submit to medical treatment for the benefit of her fetus? This note begins by examining the ideology of motherhood and the legal status of the fetus. This note then examines the ethical aspects and legal issues involved in compelling a pregnant woman to undergo treatment for the benefit of her fetus. This note then explores the controls of pregnancy that result in maternal-fetal conflicts. Finally, this note examines the court's use of a balancing test in reaching decisions in …

Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner

Law Faculty Scholarship

No abstract provided.

Has The Computer Revolution Placed Our Children In Danger? A Closer Look At The Child Pornography Prevention Act Of 1996, Alison R. Gladowsky

Cardozo Journal of Equal Rights & Social Justice

The note examines the constitutionality of the Child Pornography Prevention Act of 1996 (CPPA), focusing on its expansion of child pornography definitions to include virtual images. It argues that the CPPA is a necessary measure to protect children from exploitation, despite First Amendment challenges, and advocates for its constitutionality based on compelling government interests.

In-Prison Day Care: A Correctional Alternative For Women Offenders, Jessica Y. Kim

Cardozo Journal of Equal Rights & Social Justice

The note argues that traditional incarceration of mothers can have detrimental effects on both the women and their children, advocating for alternative correctional methods such as in-prison day care programs. These alternatives aim to maintain the mother-child bond, reduce recidivism, and mitigate the negative societal impacts of separating mothers from their children.

Domestic Violence And Us Asylum Law: Eliminating The 'Cultural Hook' For Claims Involving Gender-Related Persecution, Anita Sinha

Scholarly Articles in Law Reviews & Journals

In this Note, Anita Sinha examines the treatment of asylum claims involving gender-related persecution. Analyzing the three most recent decisions published by the Board of Immigration Appeals, Sinha illustrates that these cases have turned on whether the gender-related violence can be linked to practices attributable to non-Western,'foreign" cultures. Sinha argues that cases involving gender-related persecution can be given full consideration of asylum law only when their adjudication is based on an understanding of the political and institutional character of violence against women, rather than on" cultural" culpability. In making this argument, Sinha examines recent amendments to the regulations governing asylum …

Re/Forming And Influencing Public Policy, Law And Religion: Missing From The Table, Laura M. Padilla

Faculty Scholarship

Taking a leap to be at a table from which Mexican American women have always been absent, and are still not invited, takes tremendous courage, knowing that much personal sacrifice will be required. This Essay addresses why Mexican American women have been absent from the tables of influence in the worlds of public policy, religion, and law, and how they can establish their presence as part of an anti-subordination agenda.