Law and Gender Commons^™

Parity/Disparity: Electoral Gender Inequality On The Tightrope Of Liberal Constitutional Traditions, Darren Rosenblum

Elisabeth Haub School of Law Faculty Publications

Part I of this article examines Parity's strangeness to United States observers. United States sex discrimination law ignores political representation issues. United States voting rights law contains no provisions for gender inequality. Most importantly, leading United States thinkers of all stripes roundly reject quotas. Part II details the Parity debate and its relationship to French democracy. The democracies of the United States and of France share Eighteenth Century Enlightenment origins. They also share some form of universalism (labeled “neutrality” in the United States by Cass Sunstein) establishing the equality of all citizens before the law. Parity serves as a good …

Reflections On The Law Review Symposium On Women’S Rights And Pornography: Big Sister, Big Brother, And The Role Of Legal Scholarship In Affirming Human Rights, Nadine Strossen

NYLS Law Review

No abstract provided.

Getting Away With Murder: Guatemala's Failure To Protect Women And Rodi Alvarado's Quest For Safety, Angélica Cházaro

Articles

This report examines the underlying conditions that cause women like Rodi to flee their home countries and seek protection elsewhere. The report starts with a description of the circumstances that led Rodi to leave Guatemala. It then analyzes the widespread violence against and murders of women in Guatemala, specifically focusing on the number of murders, the victims, the brutality of the crimes, the context in which they occur, and the theories behind the murders. It next looks to the aspects of the Guatemalan legal and judicial systems that render women vulnerable to violence and then fail to protect them. It …

Transforming Discriminatory Corporate Cultures: This Is Not Just Women's Work, Cheryl L. Wade

Faculty Publications

(Excerpt)

The Symposium on Women and the "New" Corporate Governance began with an opening address by Sheila Wellington, the President of Catalyst. "Don't change women," she said, "change corporations." I agree with Ms. Wellington, but I would go one step further by observing that companies will change only if men change. The overwhelming majority of the directors and officers who manage and govern large public companies in the United States are white men. Public companies will enjoy healthy relationships with their women employees only to the extent encouraged and facilitated by the men who control these corporations. But how does …

Incarcerated Men And Women, The Equal Protection Clause, And The Requirement Of “Similarly Situated”, Natasha L. Carroll-Ferrary

NYLS Law Review

No abstract provided.

Letter From The Editor, Tasneem A. Shikari

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Masthead - Cardozo Journal Of Law & Gender, Vol. 13 (2006–08)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Epa's Mercury Cap And Trade Rule: An Environmental Injustice For Women, Rachel Kalman

Cardozo Journal of Equal Rights & Social Justice

The note critiques the EPA's Clean Air Mercury Rule (CAMR), arguing that it prioritizes economic interests over public health, particularly harming women of childbearing age and vulnerable populations. The rule's reliance on a cap and trade system, delayed implementation, and flawed risk assessment models underestimate mercury exposure risks, disproportionately affecting subsistence communities and low-income groups. The analysis advocates for stricter emissions standards under the Maximum Achievable Control Technology (MACT) framework and greater consideration of gender-specific health impacts in regulatory decisions.

A New Disease Born Every Minute: The Marketing Of Pathology And The Exploitation Of Gender-Based Insecurities And Sexuality To Sell Drugs, Elizabeth Lambdin

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Does Title Ix Work After School? California Applies The Three Part Test To Municipal Sports, Aaron J. Hershtal

Cardozo Journal of Equal Rights & Social Justice

The note examines the extension of Title IX gender equity requirements to municipal sports programs through California's AB 2404, addressing disparities in resource allocation and participation opportunities for girls. It argues that while AB 2404 provides critical protections and opportunities, its implementation faces challenges, including budget constraints and potential unintended consequences for male athletes. The analysis highlights the importance of addressing systemic gender discrimination in sports and the need for policymakers to balance equity with practical considerations.

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 12, Iss. 3

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Cultural, Economic And Legal Factors Underlying Trafficking In Thailand And Their Impact On Women And Girls From Burma, Christa Foster Crawford

Cardozo Journal of Equal Rights & Social Justice

The article examines the complex factors underlying human trafficking in Thailand, particularly focusing on the trafficking of women and girls from Burma. It argues that while Thailand has made efforts to address the issue, the root causes, including cultural attitudes, economic interests, and legal frameworks, remain unaddressed. The analysis highlights the shift in trafficking patterns from Thai women to Burmese migrants due to improved socio-economic conditions for Thai nationals and worsening conditions in Burma. The article emphasizes the need for comprehensive solutions addressing both supply and demand factors, including legal reforms and policy changes.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

The Cultural, Political, And Legal Climate Behind The Fight To Stop Trafficking In Women: William J. Clinton's Legacy To Women's Rights, Susan Tiefenbrun

Cardozo Journal of Equal Rights & Social Justice

The article examines the Clinton Administration's significant contributions to advancing women's rights, particularly through landmark legislation such as the Family and Medical Leave Act (FMLA) and the Trafficking Victims Protection Act (TVPA). These efforts, including the appointment of women to high office, reflect a cultural shift toward valuing women's roles and protecting them from exploitation. The TVPA, reauthorized under subsequent administrations, has had a lasting domestic and international impact in combating human trafficking and supporting victims. The article highlights the importance of legislative and judicial approaches in addressing violence against women and promoting gender equality.

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 12, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

The Trial Of Bigger Thomas: Race, Gender, And Trespass, Bennett Capers

Faculty Scholarship

No abstract provided.

What The Internet Age Means For Female Scholars, Rosa Brooks

Georgetown Law Faculty Publications and Other Works

Is the Internet-driven transformation of legal scholarship good for the girls, or bad for the girls?

Will it remove some of the handicaps that have dogged women's efforts to join the ranks of scholarly "superstars"? Or will it only increase the professional obstacles still faced by women in legal academia? In this short Essay, the author tries to predict some of the promises and perils that the Internet holds for women in the legal academy.

Gender Mainstreaming In International Trade: Catalyst For Economic Development And Political Stability, Constance Z. Wagner

All Faculty Scholarship

This paper examines the role of gender mainstreaming in international trade policy and law upon the tenth anniversary of the Beijing Declaration and Platform for Action (“Beijing Declaration”) and the World Trade Organization (“WTO”). The author notes that these two topics have not been successfully integrated but will need to be if globalization is to proceed in a meaningful, positive way. After tracing the historical development of gender mainstreaming at the international level through the Beijing Declaration, the author outlines the manner in which various intergovernmental organizations within the United Nations system have implemented its mandate. However, gender mainstreaming is …

The Equality Paradise: Paradoxes Of The Law's Power To Advance Equality, Marcia L. Mccormick

All Faculty Scholarship

This paper, written for Texas Wesleyan Law School's Gloucester Conference, ¿Too Pure an Air: Law and the Quest for Freedom, Justice, and Equality,¿ is a brief exploration of a broader project. Every civil rights movement must struggle with how to allocate scarce resources to accomplish the broadest change possible. This paper compares the legal and political strategies of the Black rights movement and the women's rights movement in the United States, comparing both the strategy choices and the results. These two movement followed essentially the same strategies. Where they have attained success and where each has failed demonstrates the limits …

On Justitia, Race, Gender, And Blindness, Bennett Capers

Faculty Scholarship

No abstract provided.

Working In The Best Interest Of Children: Facilitating The Collaboration Of Lawyers And Social Workers In Abuse And Neglect Cases, Mary Kay Kisthardt

Faculty Works

Working in the best interest of children in abuse and neglect cases is a daunting task for both lawyers and social workers. The legal system is inadequate to meet the myriad needs of children and families in crisis. Yet only under the authority of the legal system can social work and other mental health professions intervene in families on behalf of children. The juvenile court system has been buffeted historically by the competing values and methods of social work and law. The institution and its rules are still evolving today. This dynamic environment means that even if competition for "ownership" …

Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit

Faculty Works

The thesis of The Heuristics Problem is that the societal problems about which identity theorists are most concerned often spring from and are reinforced by thinking riddled with heuristic errors. This article first investigates the ways heuristic errors influence popular perceptions of feminist issues. Feminists and critical race theorists have explored the cognitive bias of stereotyping, but have not examined the ways probabilistic errors can have gendered consequences. Second, The Heuristics Problem traces some of the ways cognitive errors have influenced the development of laws relating to gender issues. It explores instances in judicial decisions in which courts commit heuristic …

Re-Thinking Alimony: The Aaml's Considerations For Calculating Alimony, Spousal Support Or Maintenance, Mary Kay Kisthardt

Faculty Works

The mission of the American Academy of Matrimonial Lawyers is "to encourage the study, improve the practice, elevate the standards and advance the cause of matrimonial law, to the end that the welfare of the family and society be protected." The AAML Comission was charged to analyze, critically review and make recommendations consistent with the mission of the Academy. After considering all available sources of information the Commission concluded that there are two significant and related problems associated with the setting of spousal support. The first is a lack of consistency resulting in a perception of unfairness. From this flows …

Doe V. Bell, Harley Abrevaya

NYLS Law Review

No abstract provided.

The Failure Of Innocent Spouse Reform, Richard C.E. Beck

NYLS Law Review

No abstract provided.

Getting Away With Murder: Guatemala's Failure To Protect Women And Rodi Alvarado's Quest For Saftey, Angelica Chazaro, Jennifer Casey

UC Law SF Journal on Gender and Justice

A decade after the 1996 Peace Accords that marked the end of the 36-year internal armed conflict, Guatemala fails to provide basic protection of women's human rights. The plight of asylumseeker Rodi Alvarado and the spiked increase in the murders of Guatemalan women ("femicides") highlight the scope of Guatemala's lack of protection for women. After suffering ten years of brutal domestic violence, with the authorities ignoring her pleas for protection, Rodi fled Guatemala, seeking asylum in the United States. She is not alone in her suffering. Since 2001, over 1,500 women have been murdered in Guatemala, with the perpetrators enjoying …

Emancipation Through Secularization: French Feminist Views Of Muslim Women’S Condition In Interwar Algeria, Sara L. Kimble

School of Continuing and Professional Studies Faculty and Staff Works

Cet article examine la condition des musulmanes algériennes telle que vue par des féministes françaises entre les deux guerres mondiales. Une série de colloques nationaux et internationaux dans la région méditerranéenne analysa les limitations imposées sur les filles et les femmes musulmanes par la tradition patriarcale et s'adressa au gouvernement pour demander des réformes. Cet article démontre que ces féministes françaises approuvaient la « mission civilisatrice » de la France et conseillaient des mesures visant la modernisation, « le progrès » et la laïcité en Algérie. Alors que ces féministes orientalistes critiquaient le Code Civil de 1804 comme une source …

Women’S Representation On The Courts In The Republic Of South Africa, Ruth B. Cowan

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Feminist Legal Theory And Human Trafficking In The United States: Towards A New Framework, Cynthia L. Wolken

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Begging For Justice? Or, Adaptive Jurisprudence? Initial Reflections On Mandatory Adr To Enforce Women's Rights In Rwanda, Phyllis E. Bernard

Cardozo Journal of Conflict Resolution

This Article presents the author's personal reflections on the promise and perils involved in blending rules of modern law with traditional values of African culture. The project began from a basic premise that both Americans and Rwandans should proceed with caution when expanding the privatization of public justice. Nevertheless, an outside observer's caution must be balanced with respect for a nation's right to self-determination, even when those choices may clash with generally accepted ADR theory as developed in the United States. This Article suggests that we can all learn much from Rwanda's bold, pragmatic experiment in redefining the essential nature …