Law and Gender Commons^™

Report Of The Conference Rapporteur Conference On The Interventional Protection Of Reproductive Rights: Religious & Cultural Rights , Berta Esperanza Hernandez-Truyol

American University Law Review

No abstract provided.

Fighting Domestic Violence In The Nation’S Capital, Deborah Epstein

Georgetown Law Faculty Publications and Other Works

Every year, in the District of Columbia alone, the Metropolitan Police Department receives more than 18,000 calls for help from victims of domestic violence, and more than 2,500 battered women bring legal actions requesting protection from their abusers. Thousands of other cases go unreported, either because the victims are too afraid of their batterers to report the violence, or because they do not know how to obtain relief to which they are entitled.

His And Her Tort Reform: Gender Injustice In Disguise, Thomas Koenig, Michael Rustad

Washington Law Review

This Article is an inquiry into the gendered nature of tort remedies. Modem tort law provides increased protection for injuries suffered by women. Drawing upon a national study of punitive damages in products liability and medical malpractice, Professors Koenig and Rustad argue that tort remedies are bifurcated into "his" and "her" tort worlds based upon gender roles. Nearly half of the punitive damages verdicts awarded to women stemmed from injuries caused by household consumer products and dangerously defective drugs or medical devices. In contrast, the punitive damages awarded to males arose from accidents involving industrial and farm machinery, asbestos, chemicals, …

From Advocacy To Management In Divorce: A Women's Issue?, Mavis Maclean

Cardozo Journal of Equal Rights & Social Justice

The article examines the shift in the role of law in divorce proceedings in the U.K., arguing that divorce is increasingly moving away from legal advocacy and toward administrative and managerial processes. This transformation raises critical questions about the implications for women, particularly regarding their access to justice, financial rights, and the role of legal professionals. The article highlights the growing influence of Alternative Dispute Resolution (ADR) and the Child Support Agency (CSA), which are reshaping how divorce, child support, and property disputes are handled, often reducing the involvement of courts and lawyers.

A Bad Marriage: Jewish Divorce And The First Amendment, Paul Finkelman

Cardozo Journal of Equal Rights & Social Justice

The article examines the legal and religious challenges faced by observant Jewish women unable to remarry due to their husbands' refusal to grant a "get," a religious divorce document, even after obtaining a civil divorce. It argues that state intervention to enforce the issuance of a get, such as through New York's Get Law, violates the First Amendment's establishment and free exercise clauses by entangling government with religious matters. The author advocates for solutions within the Jewish community, emphasizing the need to balance individual rights with religious freedom without government interference.

Boxing Women: Regulation, Women And Mental Health, Cate Hemingway

Cardozo Journal of Equal Rights & Social Justice

The article argues that the legal and psychiatric systems collaboratively categorize women who offend as either "mad" or "bad," failing to address underlying social issues. It examines how these systems pathologize women's behavior, using examples like pre-menstrual syndrome (PMS) and battered women's syndrome (BWS) as legal defenses, which often reinforce harmful stereotypes rather than providing meaningful solutions.

Introduction, Mavis Maclean

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Feminism And The False Dichotomy Of Victimization And Agency, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

First And Last Chance: Looking For Lesbians In California's Fifties Bar Cases, Joan W. Howarth

Scholarly Works

Do all of us who choose members of our own sex as objects of desire and as sexual partners share some meaningful common identity, such as “homosexual,” “gay” or perhaps “queer”? The classifications “homosexual” and “gay” claim for themselves just that kind of inclusiveness; that is, that the gay world includes people of all races, all classes and any possible gender identity. You, me, James Baldwin, Gertrude Stein, J. Edgar Hoover: we are all gay together. In this way “homosexual” or “gay” is a generic term, like, for example, “human being.” But we know that the alleged inclusiveness masks just …

The Functional Effect Of Eliminating Gender Bias In Jury Selection: A Critique And Analysis Of J.E.B. V. Alabama, Tammy B. Grubb

Oklahoma Law Review

No abstract provided.

The Ties That Bind: An Interdisciplinary Analysis Of Gender, Ethnicity, And The Practice Of Law, Rosemary C. Salomone

Faculty Publications

(Excerpt)

Over the past decade, fueled in part by Carol Gilligan's controversial book, In a Different Voice, both feminists and scholars of color have critically examined the law from the "outsiders'" perspective. Stretching methodological bounds, this interrelated body of scholarship has utilized narrative form to question the gender and racial implications of social practices and legal rules and to demonstrate the useful purpose that stories serve as a means of including marginalized groups in law's evolution and reform. Women scholars of color have carved out a particular role in this debate, criticizing feminism's categorical conceptualization of "woman." They have advanced …

Domestic Violence & Partner Notification: Implications For Treatment And Counseling Of Women With Hiv, Karen H. Rothenberg, Stephen Paskey, Melissa M. Reuland, Sheryl Itkin Zimmerman, Richard L. North

Journal Articles

No abstract provided.

The Risk Of Domestic Violence And Women With Hiv Infection: Implications For Partner Notification, Public Policy, And The Law, Karen H. Rothenberg, Stephen Paskey

Journal Articles

No abstract provided.

When Battered Woman's Syndrome Does Not Go Far Enough: The Battered Woman As Vigilante, Elizabeth Ayyildiz

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Remarks Of A Former Welfare Recipient On Selected State Legislative Developments In Welfare, Nitza I. Vera

American University Journal of Gender, Social Policy & the Law

No abstract provided.

What If Mary Sue Wanted An Abortion Instead? The Effect Of Davis V. Davis On Abortion Rights, Christina L. Misner

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Women Litigators In Search Of A Care-Oriented Judicial System, Jennifer A. Freyer

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Masthead - Cardozo Women's Law Journal, Vol. 2 (1995)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Judging Girls: Decision Making In Parental Consent To Abortion Cases, Suellyn Scarnecchia, Julie Kunce Field

Articles

Judges make determinations on a daily basis that profoundly affect people's lives. On March 28, 1991, the Michigan legislature enacted a statute entitled The Parental Rights Restoration Act (hereinafter "the Michigan Act" or "the Act"). This statute delegated to probate court judges the extraordinary task of deciding whether a minor girl may have an abortion without the consent of a parent. Nothing in law school and little in an average judge's experience provide a meaningful framework for making such a decision. Although many commentators, including the authors, argue that decisions about abortion should be left to the woman regardless of …

Juvenile Justice With A Future... For Juveniles, Mabél Arteaga

Cardozo Journal of Equal Rights & Social Justice

The note examines the evolution of juvenile justice systems, tracing the shift from a rehabilitative focus to increasingly punitive measures. It critiques this trend, advocating for a balanced approach that maintains procedural protections while incorporating rehabilitative programs. The author proposes a dual-purpose system that addresses societal concerns for public safety while ensuring equitable treatment and opportunities for reintegration.

Introduction, Eli M. Noam, Lisa M. Domonkos

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Metaphors Matter: How Images Of Battle, Sports And Sex Shape The Adversary System, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

Metaphors are not pretty figures of speech; they affect the way people within cultures perceive reality. It is therefore significant that the metaphors most commonly used for the adversary system center on war and sports. This tends to over-emphasize the competitive aspects of litigation and disguise opportunities for more cooperative behavior. This article collects and analyzes those metaphors, and discusses the reasons for their powerful hold on legal culture. It also considers some of the negative effects of the metaphorical system and speculates about whether we could find and nurture alternative metaphors.

The Radical Feminist Defense Of Individualism, Cynthia V. Ward

Faculty Publications

No abstract provided.

A Comment On "Constitutional Rights As Public Goods", Robert F. Nagel

Publications

Discussion of T. W. Merrill, Dolan v. City of Tigard: Constitutional Rights as Public Goods, 72 Denv. U. L. Rev. 859 (1995).

Affirmative Action As A Women's Issue, Helen Norton

Publications

No abstract provided.

The Countermajoritarian Paradox, Neal Devins

Faculty Publications

No abstract provided.

Full Faith And Credit: Interstate Enforcement Of Protection Orders Under The Violence Against Women Act Of 1994, Catherine F. Klein

Scholarly Articles

This article focuses on Title II, Safe Homes for Women, specifically, interstate enforcement of protection orders. Prior to the enactment of VAWA, the majority of states did not afford full faith and credit to protection orders issued in sister states! This was a serious breach in the protection afforded victims of domestic violence. Without full faith and credit statutes, a state only has the power to protect victims of domestic violence within its boundaries, limiting the protection afforded to victims if they are forced to move or flee to another state.

Prior to the VAWA, in order to receive protection …

Myths And Moms: Images Of Women And Termination Of Parental Rights, Odeana R. Neal

All Faculty Scholarship

For most of us, the word "mother" evokes a myriad of often conflicting images and emotions, expectations and disappointments, and gratitude and blame. What a mother is - our own mothers and the class of people who are mothers - means much more than that a woman has given birth. We expect mothers to provide their children with all the love, caring, nurturing, and emotional fulfillment that we perceive those children need and desire; we expect her to be all things that we want her to be when we need her to be them. A woman who can fulfill the …

Table Of Contents - Cardozo Women's Law Journal, Vol. 2, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Economic Justice In Divorce, Emily Jackson

Cardozo Journal of Equal Rights & Social Justice

The article examines the challenges of achieving economic justice in divorce, particularly for women, who often face financial hardship due to their caregiving roles. It critiques the "clean break" principle in spousal support, arguing that it neglects the economic sacrifices of custodial parents and the value of human capital investments. While spousal support may reinforce gender stereotypes, its denial can perpetuate inequality. The article advocates for a more nuanced legal framework that considers the interplay of law, theory, and social reality to address the economic realities of divorce effectively.