Law and Gender Commons^™

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 15, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Letting "Privates" Be Private: Toward A Right Of Gender Selfdetermination, Samuel E. Bartos

Cardozo Journal of Equal Rights & Social Justice

The note examines the contradictory landscape of transgender jurisprudence, particularly focusing on the legal struggles of transgender individuals to achieve recognition of their gender identity. It highlights the Kansas Supreme Court's decision in In the Matter of the Estate of Marshall G. Gardiner, which denied legal recognition of a transgender individual's marriage, contrasted with more progressive rulings in other jurisdictions. The analysis underscores the need for a consistent and inclusive legal framework to address the rights of transgender individuals, emphasizing the potential for future Supreme Court intervention to establish uniform standards.

The Changing Faces Of Women's Colleges: Striking A Balance Between Transgender Rights And Women's Colleges' Right To Exclude, Cathy Perifimos

Cardozo Journal of Equal Rights & Social Justice

The note explores the tension between women's colleges' traditional mission of providing single-sex education and the rights of transgender students, arguing for the need to balance these interests through clear policies and legal frameworks.

Justice Ginsburg's Struggle To Preserve Her Legacy, Kiran Mehta

Public Interest Law Reporter

No abstract provided.

Female Genital Mutilation: Exploring Strategies For Ending Ritualized Torture; Shaming, Blaming, And Utilizing The Convention Against Torture, Patricia A. Broussard

Journal Publications

The intent of this article is to graphically describe female genital mutilation (FGM); discuss the background of FGM and its health, psychological, and social implications; propose some workable solutions to ending FGM; and raise the level of awareness of the pain and suffering of women around the world. In part, this article will discuss invoking the Convention against Torture against those nations unwilling to end this horrific practice. There is also a caveat to this article: the author acknowledges that discussing solutions to the practice of FGM is not a simplistic and straight-forward endeavor. Solutions to ending FGM are as …

Chi Iota Colony Of Alpha Epsilon Pi Fraternity V. City University Of New York, Clinton N. Daggan

NYLS Law Review

No abstract provided.

Brain, Gender, Law: A Cautionary Tale, Carlin Meyer

NYLS Law Review

No abstract provided.

Foreword, Emily Wood

UC Law SF Journal on Gender and Justice

No abstract provided.

After The Reasonable Man: Getting Over The Subjectivity Objectivity Question, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

This article challenges the conventional notion of the “reasonable man.” It argues that we make a category mistake when we adopt the metaphor of a human being as the starting point for analysis of the criminal law and instead offers an alternate approach based on heuristic theory, reconceiving the reasonable man as a heuristic that serves as the site for debate over majoritarian norms. The article posits that the debate over having a purely subjective standard and a purely objective standard obscures the commonsense necessity of having a hybrid standard, one which takes into account the characteristics of a particular …

'No Right To Judge': Feminism And The Judiciary In Third Republic France, Sara L. Kimble

School of Continuing and Professional Studies Faculty and Staff Works

No abstract provided.

Tribal Customary Law In Jordan, Ann Furr, Muwafaq Al-Serhan

South Carolina Journal of International Law and Business

No abstract provided.

Loving Gender Balance: Reframing Identity-Based Inequality Remedies, Darren Rosenblum

Faculty Publications

(Excerpt)

The egalitarian voice of the U.S. Supreme Court resonates forty years after it abolished antimiscegenation laws in Loving v. Virginia. While Loving's vigor influences contemporary debates on sex-related marriage restrictions, its impact extends to the hopes and tensions that undergird and unite equality movements. Half a world away, Norway's Corporate Board Quota (CBQ), recently began enforcing a forty percent floor for both sexes on publicly traded companies' boards of directors.

At first glance, Loving's affirmation of an interracial marriage in the face of the state's opprobrium seems impossibly divergent from the CBQ. Loving concerned de jure …

Introduction, Arthur S. Leonard

Articles & Chapters

No abstract provided.

The Illusion Of Transformative Conflict Resolution: Mediating Domestic Violence In Nicaragua, Raquel Aldana, Leticia Saucedo

McGeorge School of Law Scholarly Articles

No abstract provided.

Gender Struggles In Homosocial Settings: Reconstructing Gender And Social Equity Sustainability In Post-Colonial Societies, Bosire Maragia

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Intellectual Property At The Intersection Of Race And Gender: Lady Sings The Blues, K.J. Greene

American University Journal of Gender, Social Policy & the Law

No abstract provided.

[Networked] Memory Institutions: Social Remembering, Privatization And Its Discontents, Guy Pessach

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Inflating Goodyear's Bottom Line: Paying Women Less And Getting Away With It, Amalia Goldvaser

Cardozo Journal of Equal Rights & Social Justice

The note critiques the U.S. Supreme Court's decision in Ledbetter v. Goodyear Tire & Rubber Co., arguing that it unjustly limits the ability of employees, particularly women, to seek redress for pay discrimination under Title VII of the Civil Rights Act of 1964. The decision held that a claim for pay discrimination must be filed within 180 days of the initial discriminatory pay-setting decision, even if the employee did not discover the disparity until later. The note contends that this ruling ignores the reality that pay discrimination is often hidden and cumulative, making it difficult for employees to identify …

Reporting Sexual Assault Of Women In The Military, Jodie Friedman

Cardozo Journal of Equal Rights & Social Justice

The note examines the underreporting of sexual assaults in the military and the impact of policy changes aimed at addressing this issue. It highlights the challenges faced by victims, including fears of retaliation and the lack of confidentiality, and evaluates the effectiveness of the 2005 restricted reporting policy. The analysis suggests that while progress has been made, systemic issues persist, and further reforms are needed to protect victims' rights and ensure justice.

Ny Appeals Court Recognizes Canadian Marriage, Arthur S. Leonard

Other Publications

No abstract provided.

Subordination And The Fortuity Of Our Circumstances, Sergio J. Campos

Articles

The antisubordination principle exists at the margins of equality law. This Article seeks to revive the antisubordination principle by taking a fresh look at its structure and underlying justification. First, the Article provides an account of the harm of subordination that focuses on one's position in society, rejecting the focus on groups popular in the existing antisubordination literature. Second, it argues for a theory of state obligation that goes beyond both the existing state action doctrine of the Equal Protection Clause and the failure to protect doctrine associated with Charles Black. The Article argues instead that the antisubordination principle mandates …

Re-Interpreting The Criminal Regulation Of Sex Work In Light Of R C Labaye, Elaine Craig

Articles, Book Chapters, & Popular Press

In 2005, the Supreme Court of Canada revised the meaning of indecency under the Criminal Code. This was achieved by removing from its definition any reliance on the community standard of tolerance test. In R. c. Labaye the Court reinforced the notion that the focus of laws regulating sexuality should not be based on sexual morality and moral harm to society but rather on political morality and actual harm to individuals. The reasoning in R. c. Labaye should change the way that courts understand the prostitution-related provisions in the Criminal Code. In particular, a proper application of its reasoning suggests …

Health Equity, Hpv And The Cervical Cancer Vaccine, Joanna Erdman

Articles, Book Chapters, & Popular Press

This article explores the relationship between technological innovation and health inequity. It examines in particular the relationship between the vaccine against human papillomavirus (HPV) infection, the cause of cervical cancer, and inequity in cervical cancer incidence and mortality. In Canada, screening programs have drastically reduced the incidence of cervical cancer, but their benefits have been unequally distributed. Prevention efforts have disproportionately failed women of disadvantaged social groups. Technological innovation alone will not remedy this inequity. The HPV vaccine merely expands the available means for reducing or increasing health inequity depending on its implementation. For this reason, the article looks beyond …

Barriers To Access To Abortion Through A Legal Lens, Jocelyn Downie, Carla Nassar

Articles, Book Chapters, & Popular Press

In addressing whether the procedure for obtaining abortions was operating equitably across Canada, the 1977 Badgley Report concluded that for many women, access to abortion was “practically illusory.” Sadly, although abortion on request became legally permissible for Canadian women in 1988, access to a safe and legal abortion remains practically illusory for many women today. A woman seeking an abortion in Canada must overcome numerous barriers. She must find a way to secure for herself some of the limited resources that our health care system provides for abortion. She must also expend her own, often scarce, personal resources: her time, …

Judicial Reasoning About Pregnancy And Choice, Jocelyn Downie, Chris Kaposy

Articles, Book Chapters, & Popular Press

Women in Canada are at risk of abortion becoming increasingly difficult to access. In its landmark 1988 ruling, R. v. Morgentaler, the Supreme Court of Canada struck down the prohibition of abortion in section 251 of the Criminal Code on the grounds that it violated a section of the Charter of Rights and Freedoms which guarantees, among other things, "security of the person". However, all of the justices who ruled that section 25 unconstitutional nonetheless claimed that protecting the fetus is a valid objective of federal legislation, leaving open the possibility that a different and carefully crafted law against abortion …

The Failure Of Title Vii As A Rights-Claiming System, Deborah L. Brake, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

This Article takes a comprehensive look at the failure of Title VII as a system for claiming nondiscrimination rights. The Supreme Court's recent decision in Ledbetter v. Goodyear Tire & Rubber Company, 127 S. Ct. 2162 (2007), requiring an employee to assert a Title VII pay discrimination claim within 180 days of when the discriminatory pay decision was first made, marks the tip of the iceberg in this flawed system. In the past decade, Title VII doctrines at both ends of the rights-claiming process have become increasing hostile to employees. At the front end, Title VII imposes strict requirements on …

In Supreme Judgment Of The Poor: The Role Of The United States Supreme Court In Welfare Law And Policy, Bridgette Baldwin

Faculty Scholarship

This Article examines the major Supreme Court rulings since the late 1960s that have directly addressed Aid to Families with Dependent Children (AFDC), commonly known as welfare. The Supreme Court decided cases, such as King v. Smith, Shapiro v. Thompson, and Goldberg v. Kelly, in favor of welfare recipients. The outcomes of these cases suggest that while the Supreme Court viewed welfare policy as a negotiation between federal and state governments, it reserved a special role for the judicial branch in protecting equal rights. The judicial understanding of the relationship between federal and state government power within welfare policy ranged …

Reproductive Injustice: An Analysis Of Nicaragua's Complete Abortion Ban, Jocelyn E. Getgen

Cornell Law Faculty Publications

No abstract provided.

Welfare, Privacy, And Feminism, Michele E. Gilman

University of Baltimore Law Forum

Feminism has long been concerned with privacy. Second-wave feminists assailed the divide between the public and the private spheres that trapped women in the home, excluded them from the workforce, and subjected them to domestic abuse. Second-wave feminists also argued in favor of a sphere of privacy that would allow women to make reproductive choices without state interference. These were powerful critiques of existing power structures, but they tended to overlook the experiences of poor women. As a condition of receiving welfare benefits, poor women have been subjected to drug tests, and they continue to face unannounced home inspections by …

Leading Change In Legal Education - Educating Lawyers And Best Practices: Good News For Diversity, Antoinette M. Sedillo Lopez

Faculty Scholarship

No abstract provided.