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Articles 91 - 120 of 340
Full-Text Articles in Sexuality and the Law
Dealing With Doma: Federal Non-Recognition Complicates State Income Taxation Of Same-Sex Relationships, Carlton M. Smith, Edward D. Stein
Dealing With Doma: Federal Non-Recognition Complicates State Income Taxation Of Same-Sex Relationships, Carlton M. Smith, Edward D. Stein
Articles
Various states now recognize relationships between people of the same-sex, but due to the Defense of Marriage Act, the federal government does not. In the context of income taxes, this combination of state recognition and federal non-recognition of same-sex relationships produces a significant problem for many same-sex couples and some state taxing authorities. Most states have income tax and, typically, state income tax laws “piggyback” on federal income tax laws. Depending on the state, same-sex couples in legally-recognized relationships must file their state income tax returns as married (either “filing jointly” or “filing separately”), as domestic partners, or as parties …
Student Victims Or Student Criminals? The Bookends Of Sexting In A Cyber World, Todd A. Demitchell, Martha Parker-Magagna
Student Victims Or Student Criminals? The Bookends Of Sexting In A Cyber World, Todd A. Demitchell, Martha Parker-Magagna
Cardozo Public Law, Policy & Ethics Journal
The article argues that criminalizing sexting as child pornography unfairly victimizes adolescents, contradicting the purpose of laws intended to protect minors. It advocates for a balanced approach that addresses the harm caused by sexting without imposing felony charges, which can have lifelong consequences. The analysis emphasizes that zero-tolerance policies and strict legal responses are ineffective and unjust, as they fail to consider the context of adolescent behavior and the unintended consequences of criminalization.
A Tale Of Two Cases: Baehr V. Miike, Perry V. Schwarzenegger, And The Future Of Same-Sex Marriage Litigation, Samuel Yaggy
A Tale Of Two Cases: Baehr V. Miike, Perry V. Schwarzenegger, And The Future Of Same-Sex Marriage Litigation, Samuel Yaggy
Cardozo Public Law, Policy & Ethics Journal
The article examines the strategic approaches used in same-sex marriage litigation, contrasting the methods employed in Perry v. Schwarzenegger with those in Baehr v. Miike. It argues that Perry's focus on challenging the factual underpinnings of government rationales for same-sex marriage restrictions provides a stronger legal foundation compared to Baehr's emphasis on the relationship between statutes and their purposes. By grounding its case in extensive factual analysis, Perry sets a strategic precedent for future litigation, making it more difficult for appellate courts to overturn the ruling.
Restoring Restitution: The Role Of Proximate Causation In Child Pornography Possession Cases Where Restitution Is Sought, Dennis F. Dibari
Restoring Restitution: The Role Of Proximate Causation In Child Pornography Possession Cases Where Restitution Is Sought, Dennis F. Dibari
Cardozo Law Review
No abstract provided.
Joint Bank Accounts In New York: Confusion, Discrimination, And The Need For Change, Carolyn Satenberg
Joint Bank Accounts In New York: Confusion, Discrimination, And The Need For Change, Carolyn Satenberg
Cardozo Public Law, Policy & Ethics Journal
The note argues that New York's legal presumption of joint tenancy in joint bank accounts disproportionately burdens same-sex couples, leading to unfair gift and estate tax implications. It advocates for reforming New York's approach to align with the Uniform Probate Code (UPC), which better reflects depositor intent and reduces discrimination. The current system, compounded by federal policies like the Defense of Marriage Act (DOMA), exacerbates financial and emotional hardships for same-sex couples in tax and probate matters.
Odious Discrimination And The Religious Exemption Question, Laura S. Underkuffler
Odious Discrimination And The Religious Exemption Question, Laura S. Underkuffler
Cardozo Law Review
No abstract provided.
The Politics Of Free Exercise After Employment Division V. Smith: Same-Sex Marriage, The "War On Terror," And Religious Freedom, Richard Schragger
The Politics Of Free Exercise After Employment Division V. Smith: Same-Sex Marriage, The "War On Terror," And Religious Freedom, Richard Schragger
Cardozo Law Review
No abstract provided.
'Til Death Do Us File Joint Income Tax Returns (Unless We're Gay), Daniel Milstein
'Til Death Do Us File Joint Income Tax Returns (Unless We're Gay), Daniel Milstein
Cardozo Public Law, Policy & Ethics Journal
The note examines the legal and constitutional challenges posed by the Defense of Marriage Act (DOMA) in relation to same-sex marriage, arguing that DOMA unconstitutionally infringes on state authority and denies equal protection to same-sex couples. It highlights how DOMA's definition of marriage as between a man and a woman conflicts with evolving state laws recognizing same-sex unions and the federal government's traditional deference to state marriage determinations. The analysis centers on key court rulings, including Massachusetts v. U.S. Department of Health and Human Services and Merrill v. Commissioner, which address DOMA's validity and its implications for federal tax …
The Association Of Adult Businesses With Secondary Effects: Legal Doctrine Social Theory, And Empirical Evidence, Alan C. Weinstein, Richard Mccleary
The Association Of Adult Businesses With Secondary Effects: Legal Doctrine Social Theory, And Empirical Evidence, Alan C. Weinstein, Richard Mccleary
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Is Ze An American Or A Foreigner? Male Or Female? Ze's Trapped!, Annette De La Torre
Is Ze An American Or A Foreigner? Male Or Female? Ze's Trapped!, Annette De La Torre
Cardozo Journal of Equal Rights & Social Justice
The note argues that the legal and medical frameworks governing the treatment of transgender and transsexual immigrant detainees in U.S. Immigration and Customs Enforcement (ICE) facilities are inadequate, leading to violations of their Eighth Amendment rights. It contends that the legal system's reliance on narrow medical definitions and outdated gender roles fails to protect these detainees from unsafe and inhumane conditions. The analysis emphasizes the need for comprehensive reforms to address housing, medical care, and staff training to ensure dignity and safety for transgender detainees.
Protecting The Right To Choose: Regulating Conscience Clauses In The Face Of Moral Obligation, Huseina Sulaimanee
Protecting The Right To Choose: Regulating Conscience Clauses In The Face Of Moral Obligation, Huseina Sulaimanee
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Where Are The Grounds For The Legality Of Abortion? A 13th Amendment Argument, Laura Sjoberg
Where Are The Grounds For The Legality Of Abortion? A 13th Amendment Argument, Laura Sjoberg
Cardozo Journal of Equal Rights & Social Justice
The article critiques the legal framework supporting abortion rights, arguing that privacy-based jurisprudence, as established in *Roe v. Wade*, is inadequate due to its roots in a gendered public/private divide that perpetuates inequality. It proposes a new constitutional basis for abortion rights under the Thirteenth Amendment, framing forced pregnancy as a form of involuntary servitude and emphasizing gender subordination rather than privacy or equality.
The Constitutionality Of And Need For Retroactive Civil Legislation Relating To Child Sexual Abuse, Jenna Miller
The Constitutionality Of And Need For Retroactive Civil Legislation Relating To Child Sexual Abuse, Jenna Miller
Cardozo Journal of Equal Rights & Social Justice
The note advocates for the constitutionality and necessity of retroactive child sexual abuse laws, arguing that they provide victims with a pathway to justice despite statutes of limitations. It supports this stance with Supreme Court rulings and examples of successful implementations in states like California and Delaware, emphasizing the balance between victims' rights and defendants' rights.
He's So Gay ... Not That There's Anything Wrong With That: Using A Community Standard To Homogenize The Measure Of Reputational Damage In Homosexual Defamation Cases, Abigail A. Rury
Cardozo Journal of Equal Rights & Social Justice
The note examines the role of the community standard in determining defamation, particularly in cases involving false claims of homosexuality. It argues that the current application of the community standard often lacks clarity and may reflect judicial biases, leading to inconsistent rulings. The note proposes reforms to enhance the accuracy and transparency of defamation analysis by adopting a contemporary community standard, similar to that used in obscenity law, which considers specific geographic and social contexts.
Using Gender Equality Analysis To Improve The Wellbeing Of Prostitutes, Barbara Havelkova
Using Gender Equality Analysis To Improve The Wellbeing Of Prostitutes, Barbara Havelkova
Cardozo Journal of Equal Rights & Social Justice
The article presents a framework for analyzing prostitution through the lens of gender equality, aiming to improve the wellbeing of prostitutes by offering regulators and judges a tool for evaluation. It challenges the asymmetric legal treatment of prostitutes and clients, arguing that such treatment violates gender equality principles. The framework proposes symmetric treatment or measures benefiting prostitutes to address structural inequalities rooted in gender, class, race, and socioeconomic status. The analysis draws on European and common law jurisdictions, emphasizing the need for gender-conscious policies to ensure fairness and proportionality.
Looking Beyond Full Relationship Recognition For Couples Regardless Of Sex: Abolition, Alternatives, And/Or Functionalism, Edward D. Stein
Looking Beyond Full Relationship Recognition For Couples Regardless Of Sex: Abolition, Alternatives, And/Or Functionalism, Edward D. Stein
Articles
In the context of recent accomplishments in the quest for full marriage equality for same-sex couples, this article considers three proposals for reform to the law of adult domestic relations: (i) the abolition of the legal institution of marriage; (ii) the development of a broad “menu” of alternative forms of relationship recognition in addition to marriage; and (iii) the embracing of a functionalist approach to relationship recognition whereby relationships that share significant functional attributes with marriages are, in certain ways, given the same legal treatment as marriages. The article contends that advocates and theoreticians should strive for more than just …
The “Licentiousness” In Religious Organizations And Why It Is Not Protected Under Religious Liberty Constitutional Provisions, Marci A. Hamilton
The “Licentiousness” In Religious Organizations And Why It Is Not Protected Under Religious Liberty Constitutional Provisions, Marci A. Hamilton
Articles
No abstract provided.
"Give Me Your Tired, Your Poor, Your Huddled Masses," But Not Your Homosexual Partners: International Solutions To America's Same-Sex Immigration Dilemma, Matthew J. Hrutkay
"Give Me Your Tired, Your Poor, Your Huddled Masses," But Not Your Homosexual Partners: International Solutions To America's Same-Sex Immigration Dilemma, Matthew J. Hrutkay
Cardozo Journal of International and Comparative Law
The note argues that U.S. immigration law, despite its emphasis on family unification, excludes same-sex couples due to the Defense of Marriage Act (DOMA), creating a conflict between policy goals and legal realities. It proposes that international models, such as those from Australia and Canada, offer viable solutions to reconcile this dilemma while addressing conservative concerns about federal recognition of same-sex marriage.
Lost Children: The Abuse And Neglect Of Minors In Polygamous Communities Of North America, Kelly R. Schwab
Lost Children: The Abuse And Neglect Of Minors In Polygamous Communities Of North America, Kelly R. Schwab
Cardozo Journal of Equal Rights & Social Justice
The note examines the challenges of addressing child abuse in polygamous communities, highlighting the tension between religious freedom and child protection. It argues that while religious beliefs are protected under the First Amendment, religious conduct, such as polygamy, should not be exempt from legal scrutiny when it harms children. The author advocates for courts to prioritize children's best interests over religious practices, especially in cases involving criminal activities like polygamy.
Sects' Offenders: The Inefficacy Of Sex Offender Residency Laws And Their Burdens On The Free Exercise Of Religion, Amol N. Sinha
Sects' Offenders: The Inefficacy Of Sex Offender Residency Laws And Their Burdens On The Free Exercise Of Religion, Amol N. Sinha
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
"Cover My Pills": Contraceptive Equity And Religious Liberty In Catholic Charities V. Dinallo, Ayelet S. Lebovicz
"Cover My Pills": Contraceptive Equity And Religious Liberty In Catholic Charities V. Dinallo, Ayelet S. Lebovicz
Cardozo Journal of Equal Rights & Social Justice
The note examines the tension between the New York Womens Health and Wellness Act's (WHWA) goal of promoting women's health through contraceptive access and its burden on the First Amendment rights of religious employers. It argues that while the WHWA advances significant public health interests, its contraceptive mandate imposes substantial burdens on religious freedom and free speech, necessitating strict scrutiny. The analysis critiques the New York Court of Appeals' decision for failing to fully consider the plaintiffs' hybrid-rights claims under Supreme Court precedent, highlighting the need for lawmakers to balance competing interests while adhering to constitutional protections.
Informed Choices And Uniform Decisions: Adopting The Aba's Self-Enforcing Administrative Model To Ensure Successful Surrogacy Arrangements, Christine Metteer Lorillard
Informed Choices And Uniform Decisions: Adopting The Aba's Self-Enforcing Administrative Model To Ensure Successful Surrogacy Arrangements, Christine Metteer Lorillard
Cardozo Journal of Equal Rights & Social Justice
Non-traditional families are on the rise in America today, with more and more same-sex couples raising families together. Yet, all same-sex partners seeking to become parents must make use of some assisted reproductive technique ("ART'), as must some heterosexual married couples. Despite the growing number of people who want to create families, including those that resort to ARTs to have genetically-related children, there are significant moral, economic, and legal obstacles in their way. What has long been needed is a codified roadmap for a successful surrogacy agreement that delineates the rights and obligations of the parties involved, as well as …
Security Council Resolution 1820: An Imperfect But Necessary Resolution To Protect Civilians From Rape In War Zones, Melissa Goldenberg Goldstoff
Security Council Resolution 1820: An Imperfect But Necessary Resolution To Protect Civilians From Rape In War Zones, Melissa Goldenberg Goldstoff
Cardozo Journal of Equal Rights & Social Justice
The note examines the significance and limitations of UN Security Council Resolution 1820, which recognizes rape as a war crime and a threat to international security. While the Resolution is a crucial step forward in protecting women during armed conflicts, it is argued to be imperfect due to its incomplete implementation mechanisms and potential to undermine earlier resolutions like Resolution 1325, which emphasizes women's roles in peace-building.
Drawing Bisexuality Back Into The Picture: How Bisexuality Fits Into Lgbt Legal Strategy Ten Years After Bisexual Erasure, Heron Greenesmith
Drawing Bisexuality Back Into The Picture: How Bisexuality Fits Into Lgbt Legal Strategy Ten Years After Bisexual Erasure, Heron Greenesmith
Cardozo Journal of Equal Rights & Social Justice
The article argues that bisexuality remains legally invisible, both in legal culture and jurisprudence, due to its inherent complexity and the reliance of legal arguments on a binary understanding of sexual orientation. It extends Kenji Yoshino's theory of bisexual erasure into the legal context, proposing that bisexuality is not just socially invisible but also legally inconspicuous. The analysis focuses on two main hypotheses: first, that bisexuality is inherently invisible to the law beyond deliberate erasure, and second, that where bisexuality is legally relevant, it complicates legal arguments that depend on the binary of sexuality. The article concludes by advocating for …
Marriage Or Liberation? Reflections On Two Strategies In The Struggle For Lesbian And Gay Rights And Relationship Recognition, Edward D. Stein
Marriage Or Liberation? Reflections On Two Strategies In The Struggle For Lesbian And Gay Rights And Relationship Recognition, Edward D. Stein
Articles
A great deal has changed about the legal and social situation for lesbians, gay men, bisexuals, and transgender (LGBT) people since the 1989 publication of Tom Stoddard and Paula Ettelbrick's dueling essays about how the quest for same-sex marriage fit into the larger struggle for LGBT rights. In 1989, twenty-four states and the District of Columbia criminalized most forms of adult consensual sex between people of the same sex and the constitutionality of such sodomy laws had been recently upheld by the U.S. Supreme Court in Bowers v. Hardwick in an opinion that said arguments against the constitutionality of such …
Death To Child Erotica: How Mislabeling The Evidence Can Risk Inaccuracy In The Courtroom, Mary G. Leary
Death To Child Erotica: How Mislabeling The Evidence Can Risk Inaccuracy In The Courtroom, Mary G. Leary
Cardozo Journal of Equal Rights & Social Justice
The article argues that the term "child erotica" is misleading and harmful as it incorrectly implies that sexually exploitative material has artistic or social value, thereby normalizing the sexual commodification of children. It advocates for the elimination of this term and suggests replacing it with more precise labels, such as "child exploitation paraphernalia" or "child sexual exploitation images," to ensure accurate legal analysis and prevent the elevation of such material to a protected status.
Defensive Mechanism: A Father's Right To Defend The Unborn, Lawrence Estrada
Defensive Mechanism: A Father's Right To Defend The Unborn, Lawrence Estrada
Cardozo Journal of Equal Rights & Social Justice
The note examines the Michigan Court of Appeals' decision in Kurr, which recognized a father's right to defend his unborn children under the defense of others doctrine, citing Michigan's fetal homicide law. This ruling extends legal protections to fetuses while maintaining exceptions for lawful abortions, reflecting broader shifts in legal and public policy toward fetal protection. The decision highlights the tension between protecting unborn life and preserving women's reproductive rights, emphasizing the narrow application of the defense to avoid undermining abortion rights established by Roe v. Wade.
Lesbians, Gays, And People Living With Hiv: Facing And Fighting Barriers To Assisted Reproduction, Bebe J. Anderson
Lesbians, Gays, And People Living With Hiv: Facing And Fighting Barriers To Assisted Reproduction, Bebe J. Anderson
Cardozo Journal of Equal Rights & Social Justice
Numerous discriminatory barriers limit the ability of gays, lesbians, and people living with HIV to participate in assisted reproduction. Many of these barriers are created by laws and regulations, such as state laws criminalizing sperm donation by people living with HIV, and insurance regulations that are interpreted to limit infertility coverage to persons who have engaged in unprotected heterosexual intercourse that has not resulted in pregnancy. Other barriers are rooted in policies or practices of individual entities or individuals. For example, a gay man in Florida and a lesbian in California denied fertility services due to their sexual orientation have …
Ianfu: No Comfort Yet For Korean Comfort Women And The Impact Of House Resolution 121, James Ladino
Ianfu: No Comfort Yet For Korean Comfort Women And The Impact Of House Resolution 121, James Ladino
Cardozo Journal of Equal Rights & Social Justice
The note examines the historical injustice and ongoing legal challenges surrounding the issue of "comfort women" during World War II, highlighting the barriers to justice and the ethical and diplomatic complexities that have prevented resolution. It critiques the legal frameworks and international efforts that have failed to address the survivors' demands for acknowledgment and reparations, emphasizing the tension between morality and geopolitical interests.
Hot Pursuit: The Media's Liability For Intentional Infliction Of Emotional Distress Through Newsgathering, Heather Berger
Hot Pursuit: The Media's Liability For Intentional Infliction Of Emotional Distress Through Newsgathering, Heather Berger
Cardozo Arts & Entertainment Law Journal
No abstract provided.