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Articles 61 - 90 of 93
Full-Text Articles in Sexuality and the Law
"We're Here To Protect Democracy. We're Not Here To Practice It": The U.S. Military's Involvement In Trafficking In Persons And Suggestions For The Future, Jorene Soto
Cardozo Journal of Equal Rights & Social Justice
The article argues that the U.S. military has historically been complicit in human trafficking, particularly through its involvement in prostitution near overseas bases, and that current legal and policy measures fail to adequately address this issue. While laws like the Trafficking Victims Protection Act (TVPA) and the Uniform Code of Military Justice (UCMJ) provide some framework, enforcement and penalties are insufficient to deter military personnel from contributing to trafficking. The article calls for stronger legal policies, enhanced education, and stricter penalties to combat this issue effectively.
A New Disease Born Every Minute: The Marketing Of Pathology And The Exploitation Of Gender-Based Insecurities And Sexuality To Sell Drugs, Elizabeth Lambdin
A New Disease Born Every Minute: The Marketing Of Pathology And The Exploitation Of Gender-Based Insecurities And Sexuality To Sell Drugs, Elizabeth Lambdin
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Reconceptualizing Child Sexual Exploitation As A Bias Crime Under The Protect Act, Tracy Agyemang
Reconceptualizing Child Sexual Exploitation As A Bias Crime Under The Protect Act, Tracy Agyemang
Cardozo Journal of Equal Rights & Social Justice
The note argues that the PROTECT Act, while expanding legal measures to combat child sexual exploitation, fails to address the crime's root causes and its nature as a form of discrimination. It advocates for reconceptualizing child sexual exploitation as a bias crime, which would enhance legal deterrence, increase penalties, and better acknowledge the psychological trauma experienced by victims. The note emphasizes that recognizing exploitation as a bias crime would address the systemic factors, such as poverty and discrimination, that perpetuate the crime.
The Political Science Of Hormone Folklore, Rebecca M. Young
The Political Science Of Hormone Folklore, Rebecca M. Young
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Hacking The Gender Binary Myth: Recognizing Fundamental Rights For The Intersexed, Sara R. Benson
Hacking The Gender Binary Myth: Recognizing Fundamental Rights For The Intersexed, Sara R. Benson
Cardozo Journal of Equal Rights & Social Justice
The article argues that current medical practices allowing parents and doctors to assign a physical sex to intersex children through surgery violate the child's fundamental rights to bodily integrity, personality, gender identity, and sexuality. These rights, while not yet fully defined in jurisprudence, provide a framework for protecting individuals from unwarranted governmental and medical intrusion. The article advocates for delaying such decisions until the child can consent, drawing on the Colombian Constitutional Court's recognition of a child's right to develop their gender identity. It also highlights the broader implications for transgender rights and challenges societal gender binaries.
Outside The Law: Intersex, Medicine And The Discourse Of Rights, Jo Bird
Outside The Law: Intersex, Medicine And The Discourse Of Rights, Jo Bird
Cardozo Journal of Equal Rights & Social Justice
The article argues that the legal system perpetuates the erasure of intersex individuals by constructing intersex as a medical rather than a legal issue, leading to human rights violations. It contends that the law requires individuals to fit into a binary sex classification to be recognized as fully human, thereby denying intersex people legal visibility and protection. The article advocates for the recognition of intersex as a legal category to address the systemic discrimination and violence intersex individuals face, particularly in medical practices.
Cutting It: Surgical Interventions And The Sexing Of Children, Marie Fox, Michael Thomson
Cutting It: Surgical Interventions And The Sexing Of Children, Marie Fox, Michael Thomson
Cardozo Journal of Equal Rights & Social Justice
The article critiques the normalization of non-consensual surgical interventions on children, particularly focusing on male circumcision and intersex surgeries, arguing that these practices are rooted in cultural and gender norms rather than medical necessity. It challenges the legal and ethical frameworks that allow such surgeries, emphasizing the need for informed consent and stricter regulations.
Engendering Sex: Birth Certificates, Biology And The Body In Anglo American Law, Saru Matambanadzo
Engendering Sex: Birth Certificates, Biology And The Body In Anglo American Law, Saru Matambanadzo
Cardozo Journal of Equal Rights & Social Justice
The article critically examines the legal determination of sex, particularly for transgender individuals, arguing that current systems relying on rigid biological definitions fail to account for the complexity of gender identity. It advocates for a shift towards recognizing "lived gender," which integrates biology, culture, psychology, and social interactions to create a more inclusive and accurate legal framework. This approach challenges traditional legal and medical constructs that have historically marginalized transgender individuals and calls for legal reform to better reflect individual experiences and promote inclusivity.
Out Of The O.R. And Into The Streets: Exploring The Impact Of Intersex Media Activism, Sharon E. Preves
Out Of The O.R. And Into The Streets: Exploring The Impact Of Intersex Media Activism, Sharon E. Preves
Cardozo Journal of Equal Rights & Social Justice
Babies are born intersexed, with ambiguous genitalia or other reproductive anatomical features, every day. Physical sexual ambiguity occurs frequently, affecting approximately one in 2000 births. Most infants born intersexed are surgically and hormonally altered to reflect the sexual anatomy associated with "standard" female or male sex assignment. This article explores the mobilization and methods of intersex individuals and their allies to destigmatize intersexuality and to alter the medical treatment they receive. I explore the intersex movement's use of mass media as a strategic activist tool and the implications of this mobilization for cultural and medical reform, arguing that media attention …
What Happened At Hopkins: The Creation Of The Intersex Management Protocols, Alison Redick
What Happened At Hopkins: The Creation Of The Intersex Management Protocols, Alison Redick
Cardozo Journal of Equal Rights & Social Justice
The article examines the development of intersex management protocols at Johns Hopkins University, highlighting their significance as a pivotal shift in medical treatment and the conceptual understanding of sex and gender. It argues that these protocols, introduced by John Money and his team in 1955, moved away from a case-by-case approach to a standardized method, influenced by Money's theory of gender acquisition, which emphasized environmental factors over biological ones. The protocols aimed to enforce binary gender norms through practices like early surgical interventions, which the article critiques as flawed and harmful.
Do Prisoners Get A Better Deal? Comparing The Abortion Rights And Access Of Military Women Stationed Abroad To Those Of Women In Prison, Leah Ginsberg
Do Prisoners Get A Better Deal? Comparing The Abortion Rights And Access Of Military Women Stationed Abroad To Those Of Women In Prison, Leah Ginsberg
Cardozo Journal of Equal Rights & Social Justice
The note examines the systemic barriers faced by military women and incarcerated individuals in accessing abortion services, despite Supreme Court rulings that establish a woman's right to abortion. It highlights how statutory bans, restrictive policies, and logistical challenges disproportionately affect these groups, arguing that their unique circumstances—such as overseas deployment or incarceration—subject them to additional layers of legal and practical obstacles. The analysis underscores the need for legislative or executive action to address these inequities and ensure constitutional rights are upheld.
Inscribing Lesbian And Gay Identities: How Judicial Imaginations Intertwine With The Best Interests Of Children, Christopher Carnahan
Inscribing Lesbian And Gay Identities: How Judicial Imaginations Intertwine With The Best Interests Of Children, Christopher Carnahan
Cardozo Journal of Equal Rights & Social Justice
The article examines the legal challenges faced by same-sex parents in adoption and child custody cases, highlighting the evolving definition of family and the impact of court rulings on children's best interests. It critiques the use of formal definitions of family and advocates for a functional approach that prioritizes children's welfare, emphasizing the need for legal recognition of diverse family structures.
Choosing Liberty Over Equality And Sacrificing Both: Equal Protection And Due Process In Lawrence V. Texas, Andrew J. Seligsohn
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.
Women's Rights And Children's Rights: A Partnership With Benefits For Both, Jonathan Todres
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.
Patriarchy On Lockdown: Deliberate Indifference And Male Prison Rape, Olga Giller
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.
Lawrence V. Texas: When "Profound And Deep Convictions" Collide With Liberty Interests, Nancy J. Knauer
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.
Is Incest Next?, Brett H. Mcdonnell
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.
The Shag-A-Delic Supreme Court: "Anal Sex," "Mystery," "Destiny," And The "Transcendent" In Lawrence V. Texas, Richard D. Mohr
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.
The Missing Word In Lawrence V. Texas, Ruthann Robson
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.
A Prisoner's Right To Transsexual Therapies: A Look At Brooks V. Berg, Linda D. Chin
A Prisoner's Right To Transsexual Therapies: A Look At Brooks V. Berg, Linda D. Chin
Cardozo Journal of Equal Rights & Social Justice
The note examines the legal and ethical implications of providing medical treatment, particularly gender reassignment surgery (GRS), to transgender prisoners under the Eighth Amendment, which prohibits cruel and unusual punishment. It argues that while courts have recognized the necessity of addressing gender dysphoria, the financial and logistical challenges of providing such treatments raise concerns about equity and resource allocation. The ruling in Brooks v. Berg highlights the tension between constitutional rights and the practical limitations of prison systems in meeting these needs.
It's Not All In My Head: The Harm Of Rape And The Prison Litigation Reform Act, Deborah M. Golden
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.
Challenging Dissent: The Ontology And Logic Of Lawrence V. Texas, Jami Weinstein, Tobyn Demarco
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.
Introducing Lawrence V. Texas: Some Background And A Glimpse Of The Future, Edward Stein
Introducing Lawrence V. Texas: Some Background And A Glimpse Of The Future, Edward Stein
Cardozo Journal of Equal Rights & Social Justice
The article explores the landmark Supreme Court case Lawrence v. Texas (2003), which overturned the Court's earlier decision in Bowers v. Hardwick and struck down a Texas sodomy law criminalizing consensual same-sex intimacy. The ruling significantly advanced LGBTQ+ rights by affirming privacy rights under the Due Process Clause and laying groundwork for future equal protection challenges to laws discriminating based on sexual orientation. The decision's implications extend beyond privacy rights, influencing debates on same-sex marriage, adoption, and other areas of sexual orientation discrimination.
Lawrence And Garner: The Love (Or At Least Sexual Attraction) That Finally Dared Speak Its Name, Paris R. Baldacci
Lawrence And Garner: The Love (Or At Least Sexual Attraction) That Finally Dared Speak Its Name, Paris R. Baldacci
Cardozo Journal of Equal Rights & Social Justice
The article examines the legal evolution from *Bowers v. Hardwick* to Lawrence v. Texas, highlighting how the latter marked a pivotal shift in recognizing LGBTQ+ rights by emphasizing personal autonomy and dignity. It underscores the significance of narrative strategies in shaping judicial decisions, particularly in *Lawrence*, where the plaintiffs' personal stories influenced the Court's ruling.
A Bad Subject, Daria Roithmayr
A Bad Subject, Daria Roithmayr
Cardozo Journal of Equal Rights & Social Justice
The article explores the concept of the "bad subject" in legal discourse, arguing that women are often categorized as such because they do not fit the legal definition of a "good subject," which requires full autonomy and self-direction. Women's experiences, influenced by systemic oppression such as patriarchy and racism, complicate this binary, leading to their exclusion from legal protections and recognition of their agency.
The Law Is Straight And Narrow, How American Courts Define Families, Elisa Laird
The Law Is Straight And Narrow, How American Courts Define Families, Elisa Laird
Cardozo Journal of Equal Rights & Social Justice
The article argues that American law is inherently biased toward traditional heterosexual family structures, creating significant barriers for same-sex couples and non-traditional families seeking legal recognition and rights. The legal system's "straight and narrow" framework often excludes these families from accessing benefits and protections granted to heterosexual families, reflecting deeply entrenched religious and historical influences.
The Closet Becomes Darker For The Abused: A Perspective On Lesbian Partner Abuse, Marnie J. Franklin
The Closet Becomes Darker For The Abused: A Perspective On Lesbian Partner Abuse, Marnie J. Franklin
Cardozo Journal of Equal Rights & Social Justice
The article argues that lesbian partner abuse is systematically overlooked in both academic discourse and legal systems, which predominantly rely on heteronormative frameworks that fail to account for same-sex relationships. This exclusion perpetuates the marginalization of abused lesbians, who face unique barriers due to societal homophobia, internalized shame, and the legal system's reliance on heterosexual models of domestic violence.
Breastfeeding Or Bust: The Need For Legislation To Protect A Mother's Right To Express Breast Milk At Work, Elissa Aaronson Goodman
Breastfeeding Or Bust: The Need For Legislation To Protect A Mother's Right To Express Breast Milk At Work, Elissa Aaronson Goodman
Cardozo Journal of Equal Rights & Social Justice
The note argues that current federal legislation, including Title VII, the ADA, and the FMLA, fails to adequately protect women's rights to express breast milk in the workplace. It advocates for a federal statute specifically addressing this issue, as existing laws are insufficient due to narrow interpretations and lack of explicit protections. The note emphasizes the importance of breastfeeding for infant health and maternal well-being, while also highlighting the benefits for employers, such as reduced absenteeism and healthcare costs. Without federal legislation, women face significant barriers to expressing breast milk at work, perpetuating disparities in breastfeeding rates.
Immigration Sponsorship Rights For Gay And Lesbian Couples: Defining Partnerships, Desiree Alonso
Immigration Sponsorship Rights For Gay And Lesbian Couples: Defining Partnerships, Desiree Alonso
Cardozo Journal of Equal Rights & Social Justice
The note advocates for the passage of the Permanent Partners Immigration Act (PPIA) to address the inequality faced by same-sex couples in U.S. immigration law. It argues that the PPIA would provide a parallel system allowing same-sex partners to sponsor each other for immigration without challenging the traditional definition of marriage under the Defense of Marriage Act (DOMA). The note emphasizes the importance of recognizing same-sex partnerships to uphold the principle of family reunification and equality.
German Unification And The Reform Of Abortion Law, Rosemarie Will
German Unification And The Reform Of Abortion Law, Rosemarie Will
Cardozo Journal of Equal Rights & Social Justice
The article examines the legal and political challenges surrounding abortion law reform in Germany following unification, highlighting the tension between East Germany's liberal "stipulated period" model and West Germany's more restrictive "grounds for termination" approach. It argues that the unification process necessitated a compromise balancing the constitutional protection of fetal life with women's rights to self-determination, ultimately resulting in a hybrid model emphasizing counseling and limited legal access to abortion.