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Law and Gender Commons™

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2005

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Articles 121 - 150 of 203

Full-Text Articles in Law and Gender

Female Circumcision In Africa: Procedures, Rationales, Solutions, And The Road To Recovery, Shayla Mcgee Jan 2005

Female Circumcision In Africa: Procedures, Rationales, Solutions, And The Road To Recovery, Shayla Mcgee

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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Refocusing On Women: A New Direction For Policy And Research On Intimate Partner Violence, Lisa A. Goodman, Deborah Epstein Jan 2005

Refocusing On Women: A New Direction For Policy And Research On Intimate Partner Violence, Lisa A. Goodman, Deborah Epstein

Georgetown Law Faculty Publications and Other Works

A key question facing researchers of intimate partner violence is how the real-life contexts of victims’ lives should affect state policy. The bulk of recently adopted and much touted criminal justice reforms have taken the form of relatively inflexible, one-size-fits-all mandatory responses focused on counseling, restraining, and punishing batterers. Even the protection order system relies far more heavily on batterer treatment programs than on victim support to prevent future violence. Together, these reforms have largely sacrificed the contextualized, woman-centered focus from which the anti-domestic violence movement originated. Recently, however, a small body of research has emerged indicating that responding flexibly …

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The Ictr And Justice For Rwandan Women, Mark A. Drumbl Jan 2005

The Ictr And Justice For Rwandan Women, Mark A. Drumbl

Scholarly Articles

In this article, I hope to spring from the discussion of the ICTR's gender jurisprudence to a broader conversation that touches on the relationship between this jurisprudence and life for Rwandan women today. In particular, I'd like to consider three questions: What do both the gender jurisprudence and the jurisprudence at large of the ICTR mean to women, individually and collectively, in Rwanda? How do other modalities of accountability that operate in postgenocide Rwanda respond to gender violence and promote gender equality? What is the situation of Rwandan women today?

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The Causation Equation: Summers On Science, Owen D. Jones Jan 2005

The Causation Equation: Summers On Science, Owen D. Jones

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Annotated Legal Bibliography On Gender Jan 2005

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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The Political Science Of Hormone Folklore, Rebecca M. Young Jan 2005

The Political Science Of Hormone Folklore, Rebecca M. Young

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Chess Club Is Not Cool: An Essay On The Choices Women Make That Preclude Them From Higher Professional Levels, Lisa A. Torraco Jan 2005

Chess Club Is Not Cool: An Essay On The Choices Women Make That Preclude Them From Higher Professional Levels, Lisa A. Torraco

Cardozo Journal of Equal Rights & Social Justice

The article argues that individual choice plays a significant role in the disparity between men and women achieving the highest professional levels. It contends that many women consciously prioritize family, personal fulfillment, and work-life balance over traditional measures of professional success, which often limits their advancement in male-dominated fields. The author emphasizes that while systemic factors like discrimination and cultural influences are real, the role of personal choice in shaping women's career trajectories should not be overlooked. Women are redefining success in ways that align with their values, often sacrificing high-pressure careers for more flexible or fulfilling roles.

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Not Playing Around: The Chilling Power Of The Federal Trademark Dilution Act Of 1995, Julie Zando-Dennis Jan 2005

Not Playing Around: The Chilling Power Of The Federal Trademark Dilution Act Of 1995, Julie Zando-Dennis

Cardozo Journal of Equal Rights & Social Justice

The Federal Trademark Dilution Act of 1995 (FTDA) has become a powerful tool for corporations to suppress criticism and parody, undermining free speech by allowing broad claims of trademark dilution without requiring proof of consumer confusion. The note argues that the FTDA’s provisions against dilution, including blurring and tarnishment, disproportionately favor corporate interests over First Amendment rights, particularly in cases involving parody and satire. Courts have inconsistently applied the law, with some circuits offering protections for parody while others prioritize trademark protection, creating uncertainty and chilling artistic and activist expression. The note advocates for reform to balance trademark rights with …

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Check Only One: M/F/Other, Julie Shapiro Jan 2005

Check Only One: M/F/Other, Julie Shapiro

Cardozo Journal of Equal Rights & Social Justice

The article critiques the assumption that individuals can be neatly categorized into male and female, arguing that this binary framework is increasingly problematic. It highlights how this assumption underpins debates about gender differences in innate abilities, such as those raised by Lawrence Summers, and contends that without clear, universally accepted definitions of "male" and "female," such generalizations lack coherence. The analysis emphasizes the legal and social complexities of gender categorization, particularly in light of evolving understandings of intersex and transgender identities.

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Myths And Realities In The Sameness/Difference Debate, Rosemary C. Salomone Jan 2005

Myths And Realities In The Sameness/Difference Debate, Rosemary C. Salomone

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Reflections On The Perpetual Myth Of The University As Seeker Of Truth, Michael I. Krauss Jan 2005

Reflections On The Perpetual Myth Of The University As Seeker Of Truth, Michael I. Krauss

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Masthead, Cardozo Journal Of Law & Gender, Vol. 12 (2005–06) Jan 2005

Masthead, Cardozo Journal Of Law & Gender, Vol. 12 (2005–06)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 12, Iss. 1 Jan 2005

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 12, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Hacking The Gender Binary Myth: Recognizing Fundamental Rights For The Intersexed, Sara R. Benson Jan 2005

Hacking The Gender Binary Myth: Recognizing Fundamental Rights For The Intersexed, Sara R. Benson

Cardozo Journal of Equal Rights & Social Justice

The article argues that current medical practices allowing parents and doctors to assign a physical sex to intersex children through surgery violate the child's fundamental rights to bodily integrity, personality, gender identity, and sexuality. These rights, while not yet fully defined in jurisprudence, provide a framework for protecting individuals from unwarranted governmental and medical intrusion. The article advocates for delaying such decisions until the child can consent, drawing on the Colombian Constitutional Court's recognition of a child's right to develop their gender identity. It also highlights the broader implications for transgender rights and challenges societal gender binaries.

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Outside The Law: Intersex, Medicine And The Discourse Of Rights, Jo Bird Jan 2005

Outside The Law: Intersex, Medicine And The Discourse Of Rights, Jo Bird

Cardozo Journal of Equal Rights & Social Justice

The article argues that the legal system perpetuates the erasure of intersex individuals by constructing intersex as a medical rather than a legal issue, leading to human rights violations. It contends that the law requires individuals to fit into a binary sex classification to be recognized as fully human, thereby denying intersex people legal visibility and protection. The article advocates for the recognition of intersex as a legal category to address the systemic discrimination and violence intersex individuals face, particularly in medical practices.

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Distracted Attentions: Intersexuality And Human Rights Protections, Morgan Holmes Jan 2005

Distracted Attentions: Intersexuality And Human Rights Protections, Morgan Holmes

Cardozo Journal of Equal Rights & Social Justice

The article argues that the medicalization of intersex conditions, often justified under an "emergency" rationale, undermines the autonomy and human rights of intersex individuals, particularly children. It critiques the framing of intersex as a medical emergency, which allows clinicians to bypass informed consent and prioritize the interests of families and medical professionals over those of the intersex individual. The article advocates for a shift in approach, emphasizing human rights protections and the need to respect the autonomy of intersex persons.

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Out Of The O.R. And Into The Streets: Exploring The Impact Of Intersex Media Activism, Sharon E. Preves Jan 2005

Out Of The O.R. And Into The Streets: Exploring The Impact Of Intersex Media Activism, Sharon E. Preves

Cardozo Journal of Equal Rights & Social Justice

Babies are born intersexed, with ambiguous genitalia or other reproductive anatomical features, every day. Physical sexual ambiguity occurs frequently, affecting approximately one in 2000 births. Most infants born intersexed are surgically and hormonally altered to reflect the sexual anatomy associated with "standard" female or male sex assignment. This article explores the mobilization and methods of intersex individuals and their allies to destigmatize intersexuality and to alter the medical treatment they receive. I explore the intersex movement's use of mass media as a strategic activist tool and the implications of this mobilization for cultural and medical reform, arguing that media attention …

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Radical Tweak-Relocating The Power To Assign Sex, Elizabeth Reilly Jan 2005

Radical Tweak-Relocating The Power To Assign Sex, Elizabeth Reilly

Cardozo Journal of Equal Rights & Social Justice

The article argues that the legal system's enforcement of binary sex classification perpetuates harm against intersex individuals by mandating sex assignment at birth and enabling non-consensual medical interventions. It proposes removing sex designation from birth certificates to allow individuals to self-identify their sex later in life, promoting autonomy and reducing harm.

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Sharply Drawn Lines: An Examination Of Title Ix, Intersex, And Transgender, Emily Q. Shults Jan 2005

Sharply Drawn Lines: An Examination Of Title Ix, Intersex, And Transgender, Emily Q. Shults

Cardozo Journal of Equal Rights & Social Justice

The article advocates for a broader interpretation of Title IX to protect transgender and intersex individuals from discrimination in educational settings. It argues that the current legal framework's rigid binary understanding of sex and gender is outdated and harmful, and that discrimination based on gender identity and expression constitutes sex discrimination under Title IX. The author emphasizes the need for legal adaptation to recognize the fluidity of sex and gender.

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Approaching Critical Mass: An Exploration Of The Role Of Intersex Allies In Creating Positive Education, Advocacy And Change, Moonhawk River Stone M.S. Jan 2005

Approaching Critical Mass: An Exploration Of The Role Of Intersex Allies In Creating Positive Education, Advocacy And Change, Moonhawk River Stone M.S.

Cardozo Journal of Equal Rights & Social Justice

The purpose of this article is to explore the role of allies working on behalf of intersex people. The article approaches this exploration from various perspectives that have informed the author's ally work with intersex issues for more than ten years. First, the author begins with the personal perspective and the way in which the author became an ally of intersex people. Second, the article discusses the perspective of psychological trauma, the tapestry of which is interwoven through all aspects of intersex history and experience. Third, the author delineates ally attitudes, behaviors, and tasks that are important when one is …

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Table Of Contents - Cardozo Women's Law Journal, Vol. 11, Iss. 2 Jan 2005

Table Of Contents - Cardozo Women's Law Journal, Vol. 11, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Do Prisoners Get A Better Deal? Comparing The Abortion Rights And Access Of Military Women Stationed Abroad To Those Of Women In Prison, Leah Ginsberg Jan 2005

Do Prisoners Get A Better Deal? Comparing The Abortion Rights And Access Of Military Women Stationed Abroad To Those Of Women In Prison, Leah Ginsberg

Cardozo Journal of Equal Rights & Social Justice

The note examines the systemic barriers faced by military women and incarcerated individuals in accessing abortion services, despite Supreme Court rulings that establish a woman's right to abortion. It highlights how statutory bans, restrictive policies, and logistical challenges disproportionately affect these groups, arguing that their unique circumstances—such as overseas deployment or incarceration—subject them to additional layers of legal and practical obstacles. The analysis underscores the need for legislative or executive action to address these inequities and ensure constitutional rights are upheld.

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Naked Before The Law: Reality Porn And The Capacity To Contract, Benjamin J. Cooper Jan 2005

Naked Before The Law: Reality Porn And The Capacity To Contract, Benjamin J. Cooper

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal challenges surrounding reality pornography, particularly through the lens of the Girls Gone Wild series, highlighting the tension between First Amendment protections for producers and the rights of participants. It argues that the legal framework governing consent, exploitation, and contractual agreements in this context is unclear and often fails to protect participants, many of whom face severe consequences. The analysis underscores the complexities of balancing public interest, contractual capacity, and the rights of minors in this lucrative yet legally fraught industry.

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The Ramifications Of The Fcc's Failure To Minimize Negative Media Portrayals Of Latinas And Black Women, Fiordaliza Batista Jan 2005

The Ramifications Of The Fcc's Failure To Minimize Negative Media Portrayals Of Latinas And Black Women, Fiordaliza Batista

Cardozo Journal of Equal Rights & Social Justice

The note argues that the Federal Communications Commission (FCC) has failed to address the systemic issue of negative and stereotypical portrayals of minorities, particularly minority women, in media. These portrayals perpetuate racial and gender stereotypes, contributing to societal discrimination and violence. The FCC's inaction, coupled with its refusal to recognize minority status in licensing and employment practices, exacerbates these issues. The note calls for revised policies to promote diversity and accurate representations in broadcasting, emphasizing the need for regulatory reforms to address these harms.

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Intersex Education, Advocacy & The Law: The Struggle For Recognition And Protection, Erin Lloyd Jan 2005

Intersex Education, Advocacy & The Law: The Struggle For Recognition And Protection, Erin Lloyd

Cardozo Journal of Equal Rights & Social Justice

The report addresses the lack of recognition and protection for intersex individuals, highlighting the controversial medical practices and legal challenges they face. It advocates for a shift from non-consensual surgeries to a more informed, rights-based approach, emphasizing the need for legal reforms and societal acceptance.

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From Lavender To Purple: Privacy, Black Women, And Feminist Legal Theory, Jennifer C. Nash Jan 2005

From Lavender To Purple: Privacy, Black Women, And Feminist Legal Theory, Jennifer C. Nash

Cardozo Journal of Equal Rights & Social Justice

The article critiques traditional feminist legal theory for its narrow view of privacy as inherently oppressive, particularly for women of color. It argues that privacy can be a source of empowerment and safety for Black women, challenging the one-size-fits-all approach of mainstream feminist theory. The author advocates for a more nuanced, intersectional perspective that considers how privacy affects different groups differently.

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Annotated Legal Bibliography On Gender Jan 2005

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Table Of Contents - Cardozo Women's Law Journal, Vol. 11, Iss. 3 Jan 2005

Table Of Contents - Cardozo Women's Law Journal, Vol. 11, Iss. 3

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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On Academic Discrimination, Janet Ainsworth Jan 2005

On Academic Discrimination, Janet Ainsworth

Cardozo Journal of Equal Rights & Social Justice

The article critiques the argument that women's underrepresentation in the physical sciences is due to innate intellectual inferiority or a lack of willingness to work long hours. It challenges the assumptions underlying such claims, arguing that discrimination and socialization play significant roles, and that the notion of requiring "super-intelligence" for academic success is overstated and unproven. The author advocates for addressing systemic biases and unstated assumptions in academia rather than focusing on debates about innate differences.

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In Response To The Remarks By Lawrence H. Summers, Presenting Empirical Data On The Differences In Learning Styles Between Males And Females, Robin A. Boyle, Andrea Honigsfeld Jan 2005

In Response To The Remarks By Lawrence H. Summers, Presenting Empirical Data On The Differences In Learning Styles Between Males And Females, Robin A. Boyle, Andrea Honigsfeld

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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