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Law and Gender Commons™

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2005

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Articles 151 - 180 of 203

Full-Text Articles in Law and Gender

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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Summers' Personal As Political: Reasoning Without Effort From Stereotypes, Ellen M. Bublick Jan 2005

Summers' Personal As Political: Reasoning Without Effort From Stereotypes, Ellen M. Bublick

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Interpreting Sexual Disparities In Elites: The Unrecognized Implications Of Gaussian Distributions, Lloyd Cohen, Iliana Ilieva Jan 2005

Interpreting Sexual Disparities In Elites: The Unrecognized Implications Of Gaussian Distributions, Lloyd Cohen, Iliana Ilieva

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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The Alchemy Of A Moral Discourse About The Biology Of Gender: Historical Sensitivity, Genetic Literacy, And The Will To Imagine A Different Equality, Doriane Lambelet Coleman Jan 2005

The Alchemy Of A Moral Discourse About The Biology Of Gender: Historical Sensitivity, Genetic Literacy, And The Will To Imagine A Different Equality, Doriane Lambelet Coleman

Cardozo Journal of Equal Rights & Social Justice

The article explores the intersection of biology, genetics, and gender, emphasizing the need for a cautious and informed approach when integrating scientific findings into legal and social policies. It highlights the historical misuse of science to justify discrimination and advocates for a nuanced understanding that balances genetic insights with ethical considerations. The author proposes moving beyond a one-size-fits-all model of equality to one that accommodates differences, ensuring equitable opportunities for all.

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Summers Of Our Discontent, Phyllis Goldfarb Jan 2005

Summers Of Our Discontent, Phyllis Goldfarb

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Granting Asylum To Persecuted Afghan Western Women, Marra Guttenplan Jan 2005

Granting Asylum To Persecuted Afghan Western Women, Marra Guttenplan

Cardozo Journal of Equal Rights & Social Justice

The note argues that Afghan Western Women, who have adopted Western practices in defiance of traditional Islamic norms, should be granted asylum in the U.S. under the categories of religion, political opinion, or membership in a particular social group. These women face severe persecution, including physical harm, economic deprivation, and restrictions on education and employment, which meet the standards for asylum under U.S. and international law. The analysis emphasizes that their fear of persecution is well-founded due to Afghanistan's unstable governance and pervasive human rights abuses, making it imperative for the U.S. to recognize their unique challenges and provide protection.

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Home Alone: Children Of Incarcerated Mothers In New York City Under The Rockefeller Drug Laws, Aron M. Zimmerman Jan 2005

Home Alone: Children Of Incarcerated Mothers In New York City Under The Rockefeller Drug Laws, Aron M. Zimmerman

Cardozo Journal of Equal Rights & Social Justice

The Rockefeller Drug Laws of 1973, among the harshest in the nation, have failed to reduce drug trafficking or abuse and have instead led to unjust outcomes, disproportionately impacting racial minorities and women. These laws, which mandate draconian sentences based solely on drug type and quantity, tie judges' hands and prioritize incarceration over treatment, despite evidence that treatment is more cost-effective and reduces recidivism. Recent reforms offer some progress, but significant systemic changes are needed to address the laws' ongoing harm and restore judicial discretion in sentencing.

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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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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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Subjective Decisionmaking And Unconscious Discrimination, Melissa Hart Jan 2005

Subjective Decisionmaking And Unconscious Discrimination, Melissa Hart

Publications

Unconscious bias is widely recognized as the most pervasive barrier to equal employment opportunity for minorities and women in the workplace today and yet many argue that federal laws prohibiting discrimination do not prohibit unconscious discrimination. This article argues that the law does in fact provide some redress for unconscious discrimination. Title VII may not be a perfect method for attacking unconscious bias, but it is a mistake to assume that it is without potential. The article challenges the assumption commonly held by judges that a finding of discrimination must be preceded by the belief that an employer is lying …

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Embracing Segregation: The Jurisprudence Of Choice And Diversity In Race And Sex Separatism In Schools, Nancy Levit Jan 2005

Embracing Segregation: The Jurisprudence Of Choice And Diversity In Race And Sex Separatism In Schools, Nancy Levit

Faculty Works

Fifty years after Brown v. Board of Education, segregation based on race and sex is sweeping the nation's educational systems. Courts are rapidly dismantling desegregation orders, and when those desegregation orders end, school districts racially resegregate. At precisely the same time this end to racial desegregation is occurring, the government is beginning to sponsor sex segregation in schools as well. The No Child Left Behind Act provides over $400 million in federal funds for experiments in education, such as single-sex schools and classes. Embracing Segregation draws connections between the end of racial desegregation and the beginning of government-sponsored sex segregation …

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Separate But Equal Education In The Context Of Gender, Isabelle Katz Pinzler Jan 2005

Separate But Equal Education In The Context Of Gender, Isabelle Katz Pinzler

NYLS Law Review

No abstract provided.

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Toward A More Equitable Approach To Causation In Veterinary Malpractice Actions, Jayne De Young Jan 2005

Toward A More Equitable Approach To Causation In Veterinary Malpractice Actions, Jayne De Young

UC Law SF Journal on Gender and Justice

The legal and economic barriers to veterinary malpractice cases are significant. Potential plaintiffs are often discouraged from pursuing their claims because of the very limited potential for significant damages and the difficulty of proving causation. This Note advocates a burden-shifting approach to the causation element of veterinary malpractice. It commences with an overview of some of the different methods by which animal guardians have sought redress for the injury or death of an animal while under the care of a veterinarian. This overview is followed by a detailed look at the elements of veterinary malpractice. Next, the recordkeeping standards in …

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What Does It Take To Be A (Lesbian) Parent - On Intent And Genetics, Sanja Zgonjanin Jan 2005

What Does It Take To Be A (Lesbian) Parent - On Intent And Genetics, Sanja Zgonjanin

UC Law SF Journal on Gender and Justice

This Note analyzes KM v. E.G., 13 Cal. Rptr 3d 136 (Cal. Ct. App. 2004), the first case brought in front of any court of appeals in the U.S. where the lesbian egg donor (the genetic mother) who raised her children for six years together with her partner (the gestational mother) was denied parental rights after the couple separated. The application of the intent based determination of parentage originally devised to solve competing parental claims in surrogacy case is criticized as inappropriate, unnecessary and unjustified. The absence of legal protections for lesbian parents and standards addressing issues unique to lesbian …

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