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Articles 6151 - 6180 of 8352

Full-Text Articles in Law and Gender

Promoting Women's Access To Politics And Decision Making: The Role Of Tgnp And Other Advocacy Groups In The 2000 General Elections., Miranda Johnson, Aggripina Mosha Jan 2004

Promoting Women's Access To Politics And Decision Making: The Role Of Tgnp And Other Advocacy Groups In The 2000 General Elections., Miranda Johnson, Aggripina Mosha

Faculty Publications & Other Works

No abstract provided.

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Paradoxes Of Health And Equality: When A Boy Becomes A Girl, Noa Ben-Asher Jan 2004

Paradoxes Of Health And Equality: When A Boy Becomes A Girl, Noa Ben-Asher

Elisabeth Haub School of Law Faculty Publications

Can a parent be legally required to control the gender of a child? What is the legal justification of a forced disintegration of a family? This Essay will try to address these issues, raised by an unusual legal dispute between parents who believed that they should raise their child as a girl, and a state agency that insisted on a masculine upbringing as a boy.

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Masculinities At Work, Ann C. Mcginley Jan 2004

Masculinities At Work, Ann C. Mcginley

Scholarly Works

This article focuses on the study of masculinities, a body of theoretical and empirical work by sociologists, feminist theorists and organization management theorists. This work, much of which employment law scholars have ignored, studies the role of masculinities, which are often invisible, in creating structural barriers to the advancement of many women and some men at work. Masculinities comprise both a structure that reinforces the superiority of men over women and a series of practices, associated with masculine behavior, performed by men or women, that aid men to maintain their superior position over women. In their less visible form, masculinities …

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Negotiating Gender And (Free And Equal) Citizenship: The Place Of Associations, Linda C. Mcclain Jan 2004

Negotiating Gender And (Free And Equal) Citizenship: The Place Of Associations, Linda C. Mcclain

Faculty Scholarship

This article focuses on the place of associations within John Rawls's political liberalism and in feminist liberalism. It revisits crucial components of political liberalism in light of feminist criticisms, such as those of Susan Moller Okin and Martha Nussbaum, that political liberalism's protection of associational life hinders women's free and equal citizenship. Offering a different reading of Rawls, it finds greater potential to draw on political liberalism to support such citizenship. It then brings liberal feminist ideas about the place of associations into dialogue with recent feminist work on gender, rights, and culture calling for models of rights within culture …

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Egyptian Feminism: Trapped In The Identity Debate, Lama Abu-Odeh Jan 2004

Egyptian Feminism: Trapped In The Identity Debate, Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

This Article argues that if we wish to account for the limited gains made in the area of family law reform in Egypt in the twentieth century, it is crucial to relate the debate on family law with another debate, one revolving around the identity of the Egyptian legal system. Whereas the dispute over family law reform forced decisions on gender and the family, the contest surrounding identity centered on the ongoing and agonized struggle by Egyptians to define the nature of their country's contemporary cultural identity. The question of identity was often framed as a debate over the "character" …

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Annotated Legal Bibliography On Gender Jan 2004

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Not If, But When?: Dismantling The Florida Adoption Act Of 2001, Andrew T. Binstock Jan 2004

Not If, But When?: Dismantling The Florida Adoption Act Of 2001, Andrew T. Binstock

Cardozo Journal of Equal Rights & Social Justice

The note critiques the notice provision of the Adoption Act of 2001, arguing that it unjustly required single mothers to publish personal details in newspapers, violating privacy rights under the Due Process Clause and the Florida Constitution. The provision was ultimately invalidated by the Fourth District Court of Appeals, reflecting a broader tension between protecting fathers' rights and safeguarding mothers' privacy. The legislature's repeal of the notice requirement and the establishment of a voluntary putative father registry marked a shift toward balancing these interests while respecting reproductive autonomy.

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Annotated Legal Bibliography On Gender Jan 2004

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Choosing Liberty Over Equality And Sacrificing Both: Equal Protection And Due Process In Lawrence V. Texas, Andrew J. Seligsohn Jan 2004

Choosing Liberty Over Equality And Sacrificing Both: Equal Protection And Due Process In Lawrence V. Texas, Andrew J. Seligsohn

Cardozo Journal of Equal Rights & Social Justice

The article critiques the Supreme Court's decision in Lawrence v. Texas, arguing that the Court's reliance on substantive due process under the Due Process Clause, rather than the Equal Protection Clause, undermines the broader equality concerns faced by the LGBTQ+ community. By prioritizing liberty over equality, the Court missed an opportunity to establish a more robust legal foundation for future LGBTQ+ rights, leaving the decision vulnerable to challenge and failing to address the systemic discrimination against gays and lesbians.

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Table Of Contents - Cardozo Women's Law Journal, Vol. 10, Iss. 3 Jan 2004

Table Of Contents - Cardozo Women's Law Journal, Vol. 10, Iss. 3

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Toward Mythos And Mythology: Applying A Feminist Critique To Legal Education To Effectuate A Socialization Of Both Sexes In Law School Classrooms, Pollybeth Proctor Jan 2004

Toward Mythos And Mythology: Applying A Feminist Critique To Legal Education To Effectuate A Socialization Of Both Sexes In Law School Classrooms, Pollybeth Proctor

Cardozo Journal of Equal Rights & Social Justice

The article critiques the current state of legal education and the legal profession, arguing that they suffer from a decline in ethical standards, public service, and empathy. It proposes a feminist-inspired reform agenda to address these issues by incorporating values such as collaboration, context, emotions, ethics, and empathy into legal training. The analysis highlights the limitations of traditional teaching methods, particularly the Socratic method, which fosters an adversarial and narrow approach to legal reasoning. The article advocates for a balanced approach that integrates both rational and emotional intelligence to prepare holistic practitioners who prioritize justice and service.

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Supreme Court Narratives On Equality And Gender Discrimination In Employment: 1971-2002, Vicki Lens Jan 2004

Supreme Court Narratives On Equality And Gender Discrimination In Employment: 1971-2002, Vicki Lens

Cardozo Journal of Equal Rights & Social Justice

The article examines the Supreme Court's evolving approach to gender discrimination in the workplace, particularly during the 1970s and 1980s, as it grappled with the intersection of formal and substantive equality. The Court's decisions reflected the influence of the feminist movement and broader societal shifts, addressing issues such as pregnancy-related discrimination, sexual harassment, and workplace stereotypes. While the Court often invalidated discriminatory practices, its rulings also revealed tensions in balancing equal treatment with competing interests, such as military preparedness or employer liability. The analysis highlights how the Court's narrative on gender equality was shaped by legal doctrines, cultural values, and …

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Women's Rights And Children's Rights: A Partnership With Benefits For Both, Jonathan Todres Jan 2004

Women's Rights And Children's Rights: A Partnership With Benefits For Both, Jonathan Todres

Cardozo Journal of Equal Rights & Social Justice

The article "Women's Rights and Children's Rights: A Partnership with Benefits for Both" by Jonathan Todres explores the interconnectedness of women's and children's rights, arguing that while separate treaties like CEDAW and CRC are beneficial, a holistic approach combining both frameworks is essential for effective protection. It emphasizes that addressing issues like child prostitution in Thailand requires leveraging both women's and children's rights to create comprehensive solutions.

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Patriarchy On Lockdown: Deliberate Indifference And Male Prison Rape, Olga Giller Jan 2004

Patriarchy On Lockdown: Deliberate Indifference And Male Prison Rape, Olga Giller

Cardozo Journal of Equal Rights & Social Justice

The note argues that the U.S. prison system perpetuates patriarchy and uses rape as a tool of social control, with the deliberate indifference standard under the Eighth Amendment failing to hold prison officials accountable for preventing sexual violence. It critiques the systemic failure to address prison rape, emphasizing its roots in patriarchal structures and the need for systemic change.

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The Myth Of Habitual Residence: Why American Courts Should Adopt The Delvoye Standard For Habitual Residence Under The Hague Convention On The Civil Aspects Of International Child Abduction, Stephen E. Schwartz Jan 2004

The Myth Of Habitual Residence: Why American Courts Should Adopt The Delvoye Standard For Habitual Residence Under The Hague Convention On The Civil Aspects Of International Child Abduction, Stephen E. Schwartz

Cardozo Journal of Equal Rights & Social Justice

The article critiques the challenges in determining "habitual residence" under the Hague Convention on the Civil Aspects of International Child Abduction (HCCAICA), particularly for neonates. It argues that existing standards, such as the settled purpose and Friedrich standards, are overly rigid and unsuitable for infants who cannot form intent. The Delvoye standard is proposed as a more flexible and age-appropriate solution, emphasizing mutual parental intent and adapting to the child's maturity. By adopting this standard, the article contends that courts can better align with HCCAICA's goals of preventing abduction, ensuring prompt returns, and reducing inconsistent rulings.

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Table Of Contents - Cardozo Women's Law Journal, Vol. 10, Iss. 2 Jan 2004

Table Of Contents - Cardozo Women's Law Journal, Vol. 10, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Loose Not The Floodgates, Benjamin J. Cooper Jan 2004

Loose Not The Floodgates, Benjamin J. Cooper

Cardozo Journal of Equal Rights & Social Justice

The article examines the implications of the Supreme Court's decision in Lawrence v. Texas, which struck down sodomy laws, arguing that while the ruling was necessary, it raises concerns about the broader regulation of sexual conduct outside marriage. The author contends that such laws, despite rare enforcement, serve societal functions, including protecting marriage and providing moral boundaries that deter harmful behavior, particularly among young people.

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Lawrence V. Texas: When "Profound And Deep Convictions" Collide With Liberty Interests, Nancy J. Knauer Jan 2004

Lawrence V. Texas: When "Profound And Deep Convictions" Collide With Liberty Interests, Nancy J. Knauer

Cardozo Journal of Equal Rights & Social Justice

The article examines the Supreme Court's landmark decision in Lawrence v. Texas, which overturned Bowers v. Hardwick and invalidated a Texas sodomy law criminalizing same-sex intimacy. The author argues that Lawrence not only advanced individual liberty interests but also marked a significant shift in the legal and cultural recognition of homosexuality, moving beyond earlier frameworks that criminalized or marginalized gay individuals. The decision reflects broader societal changes in understanding same-sex relationships and challenges the use of moral disapproval as a basis for legal restrictions on consensual adult conduct.

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Is Incest Next?, Brett H. Mcdonnell Jan 2004

Is Incest Next?, Brett H. Mcdonnell

Cardozo Journal of Equal Rights & Social Justice

The article examines whether the Supreme Court's decision in Lawrence v. Texas, which invalidated sodomy laws, might lead to the legalization of consensual adult incest. While the decision could theoretically create a precedent for challenging incest laws, the author argues that such an outcome is unlikely due to significant legal, social, and political differences between sodomy and incest.

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The Shag-A-Delic Supreme Court: "Anal Sex," "Mystery," "Destiny," And The "Transcendent" In Lawrence V. Texas, Richard D. Mohr Jan 2004

The Shag-A-Delic Supreme Court: "Anal Sex," "Mystery," "Destiny," And The "Transcendent" In Lawrence V. Texas, Richard D. Mohr

Cardozo Journal of Equal Rights & Social Justice

The article critiques Justice Anthony Kennedy's majority opinion in Lawrence v. Texas for its lack of clarity and robust constitutional framework. While the decision overturned Texas's sodomy law, the author argues that Kennedy's reasoning conflated liberty and equality rights, relied on vague language, and failed to establish a clear legal standard, undermining its potential to provide strong protection for LGBTQ+ rights.

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The Missing Word In Lawrence V. Texas, Ruthann Robson Jan 2004

The Missing Word In Lawrence V. Texas, Ruthann Robson

Cardozo Journal of Equal Rights & Social Justice

The article critiques the Supreme Court's decision in Lawrence v. Texas for omitting a crucial acknowledgment: an apology for the harm caused by its previous ruling in Bowers v. Hardwick. While Lawrence overturned the unconstitutional sodomy law, the Court's opinion neglected to address the profound suffering and discrimination endured by LGBTQ+ individuals due to *Bowers*. The author argues that an apology is essential to acknowledge the pain inflicted and to provide closure for those affected.

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Annotated Legal Bibliography On Gender Jan 2004

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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It's Not All In My Head: The Harm Of Rape And The Prison Litigation Reform Act, Deborah M. Golden Jan 2004

It's Not All In My Head: The Harm Of Rape And The Prison Litigation Reform Act, Deborah M. Golden

Cardozo Journal of Equal Rights & Social Justice

The article argues that the Prison Litigation Reform Act (PLRA)'s requirement of a physical injury for prisoners to seek damages for mental or emotional harm creates a significant barrier for rape victims, particularly women, in pursuing justice. The author advocates for amending the PLRA to explicitly recognize rape as a compensable injury, ensuring that victims can seek redress without unnecessary procedural hurdles.

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Challenging Dissent: The Ontology And Logic Of Lawrence V. Texas, Jami Weinstein, Tobyn Demarco Jan 2004

Challenging Dissent: The Ontology And Logic Of Lawrence V. Texas, Jami Weinstein, Tobyn Demarco

Cardozo Journal of Equal Rights & Social Justice

The article examines the Supreme Court's decision in Lawrence v. Texas, which invalidated a Texas antisodomy statute criminalizing homosexual conduct. The Court held that the statute failed rational basis review and rejected the promotion of majoritarian sexual morality as a legitimate state interest. The decision reflects a broader recognition of the fundamental right to make autonomous, private, consensual, adult sexual choices. The analysis critiques Justice Scalia's dissent, arguing that his fears about the end of morals legislation are unfounded and that laws based solely on moral disapproval lack a rational basis.

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Transnational Law As A Domestic Resource Thoughts On The Case Of Women's Rights, Elizabeth M. Schneider Jan 2004

Transnational Law As A Domestic Resource Thoughts On The Case Of Women's Rights, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

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One Of These Things Is Not Like The Other: Analogizing Ageism To Racism In Employment Discrimination Cases, Rhonda M. Reaves Jan 2004

One Of These Things Is Not Like The Other: Analogizing Ageism To Racism In Employment Discrimination Cases, Rhonda M. Reaves

Journal Publications

The development of anti-discrimination law in the employment context was designed and applied with the elimination of race discrimination in mind. The expansion of anti-discrimination law to older workers has taken place within a legal system that encourages groups to present themselves as "similar to" African Americans. This article explores the difficulty of applying general anti-discrimination principles to the uniquely positioned group of older workers.

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Langan V. St. Vincent’S Hospital, Emily Stein Jan 2004

Langan V. St. Vincent’S Hospital, Emily Stein

NYLS Law Review

No abstract provided.

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Child Laborers: The World's Potential Future Labor Resources Exploited And Depleted, Rupneet Sidhu Jan 2004

Child Laborers: The World's Potential Future Labor Resources Exploited And Depleted, Rupneet Sidhu

UC Law SF Journal on Gender and Justice

At this very moment, child laborers are working in unsuitable and hazardous conditions in both developed and developing nations. The adults, who are the main medium for giving voice to the concerns of the child laborers at the international and national levels, have failed. However, there are some promising international instruments whose full and sincere implementation can aid nations to eliminate at least the worst forms of child labor. Concurrently improving and enforcing national laws will help as well. Moreover, the non-governmental organizations should be recognized for being instrumental in keeping the child labor issues as a priority of the …

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The Gifts Of Mary Dunlap (1949-2003), Wendy Webster Williams Jan 2004

The Gifts Of Mary Dunlap (1949-2003), Wendy Webster Williams

Georgetown Law Faculty Publications and Other Works

I guess it never really occurred to me that Mary was mortal. It certainly never crossed my mind that I would somehow be around, alive and kicking, in a world without Mary in it. Mary Cynthia Dunlap, larger than life, a force of nature, who filled up a room with her presence, her tall solid self, her waving arms, her energy, her laugh, her voice, her words and words and more words, her hair that (of course) stood straight up on her head, electrified. Mary who, Saint Frances-like, rescued birds and fed them in her big palms, loved dogs and …

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Who Gets In? The Quest For Diversity After Grutter, Margaret E. Montoya, Athena Mutua, Sheldon Zedeck, Frank H. Wu, Charles E. Daye, David L. Chambers Jan 2004

Who Gets In? The Quest For Diversity After Grutter, Margaret E. Montoya, Athena Mutua, Sheldon Zedeck, Frank H. Wu, Charles E. Daye, David L. Chambers

Faculty Scholarship

Transcript of The 2004 James McCormick Mitchell Lecture. On March 8, 2004, the University at Buffalo Law School hosted its annual Mitchell Lecture,1 a panel discussion entitled, "Who Gets In? The Quest for Diversity After Grutter." The Mitchell Committee decided to focus this year's lecture on innovative proposals to ensure diversity in law school admissions in light of the Supreme Court's ruling in Grutter v. Bollinger, which confirmed that race and ethnicity could be taken into consideration in admission decisions for diversity purposes. Noting that much of the debate about Grutter thus far has emphasized the decision's constitutionality or its …

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