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Articles 31 - 60 of 93
Full-Text Articles in Sexuality and the Law
Cyber Crime Control: Will Websites Ever Be Held Accountable For The Legal Activities They Profit From?, Ashley Ingber
Cyber Crime Control: Will Websites Ever Be Held Accountable For The Legal Activities They Profit From?, Ashley Ingber
Cardozo Journal of Equal Rights & Social Justice
The note examines the evolving legal landscape surrounding the liability of online platforms like Craigslist under Section 230 of the Communications Decency Act (CDA). While Section 230 currently shields Internet Service Providers (ISPs) from civil liability for third-party content, courts are increasingly narrowing its protections, particularly when platforms actively influence or profit from illegal activities. Criminal liability remains a significant exception to Section 230 immunity, and future legal developments may further restrict these protections, balancing free speech with accountability for online platforms.
"U" Stands For Underutilization: The U Visa's Vulnerability For Underuse In The Sex Trafficking Context, Erin Bistricer
"U" Stands For Underutilization: The U Visa's Vulnerability For Underuse In The Sex Trafficking Context, Erin Bistricer
Cardozo Journal of Equal Rights & Social Justice
The U Visa, established in 2000 under the Violence Against Women Act (VAWA) reauthorization, was designed to provide legal status to victims of certain crimes, including sex trafficking, without fear of deportation. However, its implementation has been hindered by significant challenges, including delayed regulations, confusion among applicants, and reliance on law enforcement cooperation, which can be a barrier for traumatized victims. While the U Visa offers more flexibility than the T Visa by covering a broader range of crimes and requiring a lower standard of proof, its effectiveness is limited by factors such as annual caps, inadequate state anti-trafficking laws, …
Where Are They Coming From, Where Are They Going: Demanding Accountability In International Adoption, Elizabeth Long
Where Are They Coming From, Where Are They Going: Demanding Accountability In International Adoption, Elizabeth Long
Cardozo Journal of Equal Rights & Social Justice
The note advocates for the United States to exclusively permit international adoptions from countries that have ratified the Hague Adoption Convention (HAC). This approach aims to enhance accountability, prevent human trafficking, and ensure that adoptions are conducted ethically and transparently. The HAC provides a framework that protects the rights of children, birth families, and adoptive parents, addressing the shortcomings of non-HAC adoptions, which often lack sufficient safeguards.
Reproducing Value: How Tax Lax Differentially Values Fertility, Sexuality, And Marriage, Tessa Davis
Reproducing Value: How Tax Lax Differentially Values Fertility, Sexuality, And Marriage, Tessa Davis
Cardozo Journal of Equal Rights & Social Justice
Section 213 of the Internal Revenue Code permits a deduction for an individual's fertility expenses, but it does not do so evenhandedly. This paper focuses on the current discriminatory effects of Section 213 doctrine as it is applied to the deductibility of fertility treatments for single persons and or homosexual couples, as compared to heterosexual, married couples. Traditional economic analysis of the Code fails to explain such discrimination, thus a new approach is required. Utilizing tools from anthropological theory, this paper recognizes and analyzes our tax code-and specifically Section 213-as a cultural artifact and therein challenges the presumed objectivity of …
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.
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 …
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.
You Can Steal Her Virginity But Not Her Doll: The Nineteenth Century Campaign To Raise The Legal Age Of Sexual Consent, J. Shoshanna Ehrlich
You Can Steal Her Virginity But Not Her Doll: The Nineteenth Century Campaign To Raise The Legal Age Of Sexual Consent, J. Shoshanna Ehrlich
Cardozo Journal of Equal Rights & Social Justice
The article examines the 19th-century campaign to raise the age of sexual consent, driven by reformers who sought to protect young girls from exploitation and encode moral values into law. They argued that girls lacked the maturity to consent to sex and that losing virginity was a significant life-altering event. The campaign reflects both protective intentions and efforts to control female sexuality, particularly among working-class girls.
Change Of Sex Designation On Transsexuals' Birth Certificates: Public Policy And Equal Protection, Stephanie Markowitz
Change Of Sex Designation On Transsexuals' Birth Certificates: Public Policy And Equal Protection, Stephanie Markowitz
Cardozo Journal of Equal Rights & Social Justice
The note examines the legal inconsistencies in the United States regarding the amendment of birth certificates for postoperative transsexual individuals, highlighting the disparity in treatment between male-to-female (MTF) and female-to-male (FTM) transsexuals. It argues that these inconsistencies violate the Equal Protection Clause by subjecting similarly situated individuals to different standards, often requiring MTF transsexuals to undergo more invasive surgeries than FTM transsexuals. The author advocates for a more equitable approach, emphasizing the importance of medical professionals' opinions and aligning legal standards with modern understandings of gender identity.
It Takes Three, Baby: The Lack Of Standard, Legal Definitions Of "Best Interest Of The Child" And The Right To Contract For Lesbian Potential Parents, Harvey L. Fiser, Paula K. Garrett
It Takes Three, Baby: The Lack Of Standard, Legal Definitions Of "Best Interest Of The Child" And The Right To Contract For Lesbian Potential Parents, Harvey L. Fiser, Paula K. Garrett
Cardozo Journal of Equal Rights & Social Justice
In order to consider the plausibility of contracts regarding Artificial Insemination, or Al, this article will first review various options and legal ramifications for choices regarding Al and then focus on the effect of inconsistent application of the Uniform Parentage Act, or UPA, among states that have chosen to adopt any legislation. This legal conundrum creates major obstacles for lesbian couples in procreation and in legal protection for children and often denies lesbian Americans the right to equal enforcement of contracts. This article will consider how the current standard of "best interest of the child" is being used in the …
Letting "Privates" Be Private: Toward A Right Of Gender Selfdetermination, Samuel E. Bartos
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
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.
Wedlock, Blood Relationship, And Citizenship, Logan Bobo
Wedlock, Blood Relationship, And Citizenship, Logan Bobo
Cardozo Journal of Equal Rights & Social Justice
The note examines the conflicting interpretations of U.S. nationality law under the Immigration and Nationality Act (INA), particularly focusing on whether citizenship transmission requires a blood relationship or can be based on the legal status of the parents' marriage. It argues that the Ninth Circuit's interpretation, which does not require a blood relationship for children born in wedlock, better aligns with the INA's goals of promoting family unity and avoiding gender-based discrimination. The note critiques the State Department's interpretation, as outlined in the Foreign Affairs Manual (FAM), for lacking statutory and judicial support, and highlights the need for congressional or …
Strict Liability And Negligent Rape: Or How I Learned To Start Worrying And Question The Criminal Justice System, Dini Rosenbaum
Strict Liability And Negligent Rape: Or How I Learned To Start Worrying And Question The Criminal Justice System, Dini Rosenbaum
Cardozo Journal of Equal Rights & Social Justice
The note critiques strict liability and negligent rape standards, advocating for a more nuanced approach that prioritizes subjective fault and societal education to address the limitations of current rape laws. It emphasizes the need to align legal standards with the defendant's actual state of mind while addressing systemic barriers to justice, particularly in date rape cases. The analysis highlights the gap between legal reforms and their practical application, suggesting that education could be a more effective tool for prevention than relying solely on legal changes.
Lesbian, Gay, Bisexual, And Transgender Youth In The Juvenile Justice System: Incorporating Sexual Orientation And Gender Identity Into The Rehabilitative Process, Heather Squatriglia
Lesbian, Gay, Bisexual, And Transgender Youth In The Juvenile Justice System: Incorporating Sexual Orientation And Gender Identity Into The Rehabilitative Process, Heather Squatriglia
Cardozo Journal of Equal Rights & Social Justice
The note argues that the juvenile justice system must integrate the sexual orientation and gender identity of LGBT youth into their rehabilitative process. It emphasizes that these youth face unique challenges, including harassment, rejection, and discrimination, which often lead to their involvement in the juvenile justice system. The system's failure to address these issues undermines its rehabilitative goals, necessitating specialized programming and support to ensure these youth can develop into healthy, contributing adults.
Taking The Right To Abortion In Croatia Seriously - One Of The Basic Constitutional Rights Or A Rudiment Of The Right To Reproduction?, Dalida Rittossa
Taking The Right To Abortion In Croatia Seriously - One Of The Basic Constitutional Rights Or A Rudiment Of The Right To Reproduction?, Dalida Rittossa
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Langan V. St. Vincent Hospital: A Fearful Court Or A Properly Measured Response?, Jeniffer Viscarra
Langan V. St. Vincent Hospital: A Fearful Court Or A Properly Measured Response?, Jeniffer Viscarra
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.