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Articles 91 - 120 of 171
Full-Text Articles in Law and Gender
Silence Compounded - The Conjunction Of Race And Gender Violence, Zanita E. Fenton
Silence Compounded - The Conjunction Of Race And Gender Violence, Zanita E. Fenton
Articles
No abstract provided.
Addressing Domestic Violence Through A Strategy Of Economic Rights, Donna Coker
Addressing Domestic Violence Through A Strategy Of Economic Rights, Donna Coker
Articles
No abstract provided.
A Bad Subject, Daria Roithmayr
A Bad Subject, Daria Roithmayr
Cardozo Journal of Equal Rights & Social Justice
The article explores the concept of the "bad subject" in legal discourse, arguing that women are often categorized as such because they do not fit the legal definition of a "good subject," which requires full autonomy and self-direction. Women's experiences, influenced by systemic oppression such as patriarchy and racism, complicate this binary, leading to their exclusion from legal protections and recognition of their agency.
Symposium: Title Ix: Women, Athletics And The Law - Foreword, Paula A. Monopoli
Symposium: Title Ix: Women, Athletics And The Law - Foreword, Paula A. Monopoli
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Secretary's Commission On Opportunity In Athletics Squandered Its Opportunity To Understand Commercial Collegiate Sports: Why They Eliminate Minor Men's Sports And Prevent Title Ix From Achieving Full Gender Equality, Suzanne Sangree
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Pedagogical Subversion In Clinical Teaching: The Women & The Law Clinic And The Intellectual Property Clinic As Legal Archaeology, Ann Shalleck
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Proyecto - Transformación De La Condición Legal De La Mujer: Integrando Temas De Género En La Doctrina Y Enseñanza Del Derecho, Macarena Saez
Proyecto - Transformación De La Condición Legal De La Mujer: Integrando Temas De Género En La Doctrina Y Enseñanza Del Derecho, Macarena Saez
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Minnesota's Sex Offender Commitment Program: Would An Empirically-Based Prevention Policy By More Effective?, Eric S. Janus
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 …
Sex, Marriage, Medicine, And Law: 'What Hope Of Harmony?', Thomas Wm. Mayo
Sex, Marriage, Medicine, And Law: 'What Hope Of Harmony?', Thomas Wm. Mayo
Faculty Journal Articles and Book Chapters
This essay offers a critique of the Kansas Supreme Court's decision in In re Estate of Gardiner, 42 P.3d 120 (Kan. 2002), and similar cases that hold that for purposes of the opposite-sex marriage rule, an individual's sex is determined at birth, is genetically fixed, and cannot be changed through surgery or hormone therapy. The result for transgendered individuals is a legal regime that is hostile to medical care that brings external sex characteristics into line with sexual identity. The result for society is a legal rule that is at odds with scientific opinion. Finally, the result for the opposite-sex …
Table Of Contents - Cardozo Women's Law Journal, Vol. 9, Iss. 2
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
The Fault Lines Of Domestic Violence Enforcement, Josephine Ross
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.