Law and Gender Commons^™

Remarks From The 75th Anniversary Luncheon, Barbara Aronstein Black

Faculty Scholarship

I will try to make this reasonably brief, though not as brief as a commencement address I was once asked to give. The invitation stated that I was to speak on any topic of my choice. Anything at all. For five minutes. Reporting this to one of my sons – I can't remember which one – I said, "They say it has to be no longer than five minutes. What can I possibly say in five minutes that's worth saying?" To which my son replied, "Did they say it has to be worth saying?"

Well, I'd like to say something …

Theories Of Domestic Violence In The African Context, Cynthia Grant Bowman

Cornell Law Faculty Publications

No abstract provided.

Cultivating Feminist Critical Inquiry, Anne Dailey

Faculty Articles and Papers

No abstract provided.

Beyond The Maternal Wall: Relief For Family Caregivers Who Are Discriminated Against On The Job, Joan C. Williams, Nancy Segal

Faculty Scholarship

No abstract provided.

Un/Braiding Stories About Law, Sexuality And Morality, Margaret E. Montoya

Faculty Scholarship

Traditional doctrine insists that we tame sexual desire by pretending that goodness and Godliness is defined by celibacy and abstinence, but the Church is simply wrong to insist that we accept a theology that negates and silences and suppresses a central part of our lives. To the extent that we believe in a life after death, many of us have won a chance at Heaven not by denying and suppressing our sexuality but by struggling to develop our capacity to experience joy through sexual desire and to honor the responsibility of not generating misery for ourselves and others through that …

Minnesota's Sex Offender Commitment Program: Would An Empirically-Based Prevention Policy By More Effective?, Eric S. Janus

Faculty Scholarship

Minnesota’s sex offender commitment scheme is not just a bad idea; it likely has bad consequences. It is a huge and disproportionate sink for resources that ight be put to more effective use in the fight against sexual violence. Worse, its demand for resources will continue to grow, thus predetermining to a large extent how prevention and treatment dollars are spent. It is very possible that a more rational allocation of these resources would actually prevent more violence than the allocation that is automatically produced by the sex offender commitment scheme. At the very least, the fight against sexual violence …

Table Of Contents - Cardozo Women's Law Journal, Vol. 9, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

A Closed Mind Is A Wonderful Thing To Lose, Ruth Arlene Howe

Cardozo Journal of Equal Rights & Social Justice

The preface emphasizes the importance of maintaining an open mind, particularly in legal education, by highlighting the value of diverse perspectives and collaborative approaches to teaching and learning. It praises the teaching methods of Maria Grahn-Farley, who fosters a cooperative and respectful environment that encourages students to engage with differing viewpoints. The preface suggests that such an approach not only enhances the educational experience but also serves as a model for others to emulate.

To Do Feminist Legal Theory, Maria Grahn-Farley

Cardozo Journal of Equal Rights & Social Justice

The forword explores the meaning and practice of Feminist Legal Theory through a symposium that challenges traditional hierarchies in legal education. It emphasizes the importance of solidarity, activism, and centering marginalized voices, particularly those of women and students, to question and dismantle systemic oppression. The symposium serves as a space for students and scholars to collaborate, with students' work at the core, highlighting the need to integrate diverse perspectives and lived experiences into legal academia.

Women Of Color-What Their Voices Teach Us, Jacqueline Mertz

Cardozo Journal of Equal Rights & Social Justice

The article argues that white feminists must learn from the experiences of women of color to build a more inclusive and effective feminist movement. It emphasizes the importance of addressing the multiple oppressions faced by women of color, including racism, sexism, and national oppression, and critiques the historical failure of the white feminist movement to support women of color.

The Law Is Straight And Narrow, How American Courts Define Families, Elisa Laird

Cardozo Journal of Equal Rights & Social Justice

The article argues that American law is inherently biased toward traditional heterosexual family structures, creating significant barriers for same-sex couples and non-traditional families seeking legal recognition and rights. The legal system's "straight and narrow" framework often excludes these families from accessing benefits and protections granted to heterosexual families, reflecting deeply entrenched religious and historical influences.

Invisible Targets: Juvenile Prostitution, Crackdown Legislation, And The Example Of California, Pantea Javidan

Cardozo Journal of Equal Rights & Social Justice

The article examines the contradiction in California's legal framework where minors are criminalized for prostitution under California Penal Code section 647(b), despite being legally incapable of consenting to sex. It argues that such laws fail to protect child prostitutes, who are often victims of exploitation, and instead perpetuate their harm by punishing them rather than addressing the root causes of their situation.

The Silencing Of A Woman's Choice: Mandatory Arrest And No Drop Prosecution Policies In Domestic Violence Cases, Jessica Dayton

Cardozo Journal of Equal Rights & Social Justice

The article critiques mandatory arrest and no-drop prosecution policies in domestic violence cases, arguing that these policies undermine the autonomy of women by taking away their right to make decisions about their own safety and legal actions. The author advocates for a more flexible, victim-centered approach that respects each woman's unique circumstances and empowers her to make informed choices.

The Closet Becomes Darker For The Abused: A Perspective On Lesbian Partner Abuse, Marnie J. Franklin

Cardozo Journal of Equal Rights & Social Justice

The article argues that lesbian partner abuse is systematically overlooked in both academic discourse and legal systems, which predominantly rely on heteronormative frameworks that fail to account for same-sex relationships. This exclusion perpetuates the marginalization of abused lesbians, who face unique barriers due to societal homophobia, internalized shame, and the legal system's reliance on heterosexual models of domestic violence.

La Mujer Argentina Que Soy Yo/The Argentinean Woman That I Am, Maria-Victoria Castro

Cardozo Journal of Equal Rights & Social Justice

The article explores the tension Argentinean women face between traditional cultural and religious expectations and their aspirations for modern roles, highlighting the systemic barriers and cultural norms that limit their progress. The author, drawing from personal experience and historical analysis, argues for the need to redefine gender roles and challenge oppressive structures to achieve true equality.

Images Of Women Lawyers: Over-Representation Of Their Femininity In Media, Victoria Alexeeva

Cardozo Journal of Equal Rights & Social Justice

The article critiques the portrayal of women lawyers in the media, particularly through the character Ally McBeal, arguing that her depiction overemphasizes femininity and emotional instability, perpetuating harmful stereotypes that undermine the progress of women in the legal profession.

Title Vii Limitations-Keeping The Workplace Hostile, Diane Gentry

Cardozo Journal of Equal Rights & Social Justice

The article argues that Title VII of the Civil Rights Act, as currently interpreted and applied, fails to effectively address workplace sexism and harassment because its legal framework is rooted in patriarchal assumptions. The statute's focus on sexual harassment often overlooks broader gender-based discrimination, leaving many women without adequate legal recourse. The article contends that the law perpetuates male-dominated work cultures by narrowly defining actionable harassment and requiring proof of unwelcome behavior, which places undue burdens on victims.

Caution: Men At Work, Ekee Ehrlich

Cardozo Journal of Equal Rights & Social Justice

The article highlights the challenges faced by pregnant women in the workplace, emphasizing the discrimination and gender stereotypes they encounter. Through the author's personal experience, it illustrates how societal expectations and workplace policies often fail to accommodate pregnant employees, leading to potential discrimination and undue stress.

The Performance Of Femininity/The Perils Of Law, Kerry Rittich

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Intimate Violence As Intimate: The Journey And A Path, Linda G. Mills

Cardozo Journal of Equal Rights & Social Justice

The article critiques the mainstream feminist approach to domestic violence, which frames it as a legal issue to be addressed primarily through the criminal justice system. It argues that this narrow formulation fails to account for the complexities and intimacies of domestic violence, particularly for marginalized groups like lesbians and reluctant victims. The author advocates for moving beyond legal solutions and embracing more nuanced, case-specific approaches that prioritize the unique needs and voices of those affected by intimate violence.

Bad Subjects: The Practice Of Theory And The Constitution Of Identity In Legal Culture, Angela P. Harris

Cardozo Journal of Equal Rights & Social Justice

The article explores the intersection of legal culture and identity politics, arguing that while the law symbolically includes marginalized groups, it often perpetuates their subjugation. It emphasizes the role of theory and practice in transforming these dynamics, advocating for a more inclusive and democratic society where subaltern voices are truly heard and valued.

Which Wave Are You? Comments On The Collected Essays From The Seminar "To Do Feminist Legal Theory", Deborah W. Post

Cardozo Journal of Equal Rights & Social Justice

The article discusses the challenges and opportunities in teaching feminist legal theory to law students, particularly those who may be entering formal education later in life. It highlights the importance of engaging students through innovative teaching methods and fostering critical thinking skills. The author reflects on their own teaching strategies, including the use of Socratic methods and the integration of feminist sensibilities, while acknowledging the risks and criticisms associated with these approaches. The central argument emphasizes the need for a restorative and redistributive vision of justice in legal education.

To Do Is To Be, Zanita E. Fenton

Cardozo Journal of Equal Rights & Social Justice

The article emphasizes the importance of action and solidarity in feminist legal theory, highlighting how "doing" feminism through theorizing, writing, and activism is essential to advancing the goals of feminism. It praises Professor Maria Grahn-Farley's work and the symposium she inspired, which showcases diverse perspectives and approaches to feminist theory. The article argues that narrative storytelling is a powerful tool for conveying experiences, fostering solidarity, and inspiring change, particularly in addressing violence and oppression.

Cassiopeia, Anthony Paul Farley

Cardozo Journal of Equal Rights & Social Justice

The article argues that sexism functions as an orientation, akin to racism, shaping how individuals navigate societal and legal structures. It posits that the legal system is inherently hierarchical, perpetuating a "man-over-woman" dynamic that is deeply ingrained in juridical space. The author advocates for feminist legal theory as a means to reorient oneself within these structures, emphasizing the need to challenge and transform the systemic hierarchies that perpetuate inequality. The essayists in the symposium exemplify this reorientation by navigating toward alternative constellations of thought, symbolized by Cassiopeia, to create more equitable forms of human association.

Creating A New Tango: Re-Imagining Gender, Phyllis Goldfarb

Cardozo Journal of Equal Rights & Social Justice

The article explores how feminist legal theory is applied and developed through case studies and media analysis, emphasizing the interplay between theory and practice. It highlights the need to challenge traditional gender hierarchies and the role of media in shaping gender perceptions, advocating for a reimagined understanding of gender roles.

Does Nothing Ever Change; Is Everything New? Comments On The "To Do Feminist Legal Theory" Symposium, Keith Aoki

Cardozo Journal of Equal Rights & Social Justice

The article reflects on the "To Do Feminist Legal Theory" symposium, noting a sense of déjà vu due to the persistence of illegitimate hierarchies in the legal system. Despite this, the symposium offers fresh perspectives, emphasizing the need for multidimensional analyses of oppression and challenging single-axis frameworks. It highlights the importance of continuous critique and action within legal academia and practice to address intersecting forms of subordination.

The Fault Lines Of Domestic Violence Enforcement, Josephine Ross

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Masthead - Cardozo Women's Law Journal, Vol. 10 (2003-04)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Table Of Contents - Cardozo Women's Law Journal, Vol. 10, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

"What Is" And "What Should Be" An Empirical Study Of Gender Issues At Gonzaga University School Of Law, Cara L. Nord

Cardozo Journal of Equal Rights & Social Justice

The article examines the gender disparities and challenges faced by female students and faculty at Gonzaga University School of Law, highlighting the need for systemic changes to align the institution’s practices with its mission and legal obligations under Title IX. While the school has made progress in increasing female enrollment, significant gaps persist in faculty representation, classroom participation, and the overall gender-inclusive environment. The study calls for concrete measures to address these issues, including hiring more female faculty, fostering equitable classroom dynamics, and implementing annual gender studies to monitor progress.