Not Affirmative Consent,
2016
University of Colorado Law School
Genetic Essentialism In Family Law,
2016
University of Colorado Law School
Genetic Essentialism In Family Law, Jennifer S. Hendricks
Publications
No abstract provided.
Book Review Of Lizzie Borden On Trial: Murder, Ethnicity, And Gender,
2016
William & Mary Law School
Book Review Of Lizzie Borden On Trial: Murder, Ethnicity, And Gender, Linda K. Tesar
Library Staff Publications
No abstract provided.
Reconsidering The Remedy Of Gender Quotas,
2016
1877
Reconsidering The Remedy Of Gender Quotas, Tracy A. Thomas
Akron Law Faculty Publications
When newly-elected Canadian Prime Minister Justin Trudeau was asked by surprised reporters why he appointed women as fifty percent of his new cabinet, he responded simply, “Because it’s 2015.” Just because. Because it’s time. In fact, he suggested, it is long past time for having to justify including women as one-half of the power structure when women constitute one-half of the population. And it’s time for meaningful change in shared governance by something as pragmatically simple as selecting fifteen women and fifteen men for appointments. Similarly, it is long past time for justifying the need to reform American institutions that …
Result Inequality In Family Law,
2016
Notre Dame Law School
Result Inequality In Family Law, Margaret F. Brinig
Journal Articles
To the extent that family law is governed by statute, all families are treated as though they are the same. This is of course consistent with the equal protection guarantees of the US Constitution as well as those of the states. However, in our pluralistic society, all families are not alike. At birth, some children are born to wealthy, married parents who will always put the children’s interests first and will never engage in domestic violence. Many laws benefit these children, while, according to some academics, they either further disadvantage other children or at best ignore their needs.
This presentation …
Appeals Court Declines To Consider Immigrant’S Claim He’S Bisexual,
2016
New York Law School
Appeals Court Declines To Consider Immigrant’S Claim He’S Bisexual, Arthur S. Leonard
Other Publications
No abstract provided.
San Antonio 4 Win Declaration Of Innocence,
2016
New York Law School
San Antonio 4 Win Declaration Of Innocence, Arthur S. Leonard
Other Publications
No abstract provided.
Lesbian Co-Parent Victory In Kentucky,
2016
New York Law School
Lesbian Co-Parent Victory In Kentucky, Arthur S. Leonard
Other Publications
No abstract provided.
Conviction Nixed, But No Wrongful Imprisonment Suit For Poz Man,
2016
New York Law School
Conviction Nixed, But No Wrongful Imprisonment Suit For Poz Man, Arthur S. Leonard
Other Publications
No abstract provided.
Supreme Court Takes Up School Bathroom Issue,
2016
New York Law School
Supreme Court Takes Up School Bathroom Issue, Arthur S. Leonard
Other Publications
No abstract provided.
We'll Always Be Bosom Buddies,
2016
New York Law School
We'll Always Be Bosom Buddies, Arthur S. Leonard
Other Publications
No abstract provided.
Shattering The Glass Ceiling In International Adjudication,
2016
University of Baltimore School of Law
Shattering The Glass Ceiling In International Adjudication, Nienke Grossman
All Faculty Scholarship
The Article shows that women are found in dramatically low numbers on the benches of the majority of the world’s most important international courts, analyzes the causes of this phenomenon and proposes and evaluates solutions. It establishes that the number of women in the pool of potential judges does not appear to dictate how many women become international judges. It shows, too, that when selection procedures are closed and opaque, and there is no quota or aspirational target for a sex-balanced bench, women obtain international judgeships in disproportionately low numbers. On the other hand, when a quota or aspirational target …
En-Gendering Economic Inequality,
2016
University of Baltimore School of Law
En-Gendering Economic Inequality, Michele E. Gilman
All Faculty Scholarship
We live in an era of growing economic inequality. Luminaries ranging from the President to the Pope to economist Thomas Piketty in his bestselling book Capital in the Twenty- First Century have raised alarms about the disparity between the haves and the have-nots. Overlooked, however, in these important discussions is the reality that economic inequality is not a uniform experience; rather, its effects fall more harshly on women and minorities. With regard to gender, American women have higher rates of poverty and get paid less than comparable men, and their workplace participation rates are falling. Yet economic inequality is neither …
Achieving Sex-Representative International Court Benches,
2016
University of Baltimore School of Law
Achieving Sex-Representative International Court Benches, Nienke Grossman
All Faculty Scholarship
Twenty-five years ago, in this Journal, Hilary Charlesworth, Christine Chinkin, and Shelley Wright argued that the structures of international law “privilege men.”1 As shown in Table 1, which summarizes data from a forthcoming article, on nine of twelve international courts of varied size, subject-matter jurisdiction, and global and regional membership, women made up 20 percent or less of the bench in mid 2015.2 On many of these courts, the percentage of women on the bench has stayed constant, vacillated, or even declined over time.3 Women made up a lower percentage of the bench in mid 2015 than in previous years …
Gay Rights Versus Religious Freedom, And The Influence Of Obergefell V. Hodges On Distinguishing The Dividing Line,
2016
St. Mary's University School of Law
Gay Rights Versus Religious Freedom, And The Influence Of Obergefell V. Hodges On Distinguishing The Dividing Line, Kathleen Rainey Mcstravick
St. Mary's Law Journal
Obergefell v. Hodges, a United States Supreme Court case, added more fuel to the fire, leaving many to wonder how to voice religious opposition to same-sex marriages, and what are the second order effects for religious opposition in light of the new rule. The Court held the Equal Protection Clause in the Fourteenth Amendment of the United States Constitution guarantees protection against discrimination based on sexual orientation. Obergefell, brings the conflict between freedom of religion and LGBT rights to a new level by questioning how far freedom of religion can be used to refuse anti-discrimination statutes regarding sexual …
Same-Sex Marriage, Italian Style,
2016
HEC Paris Business School
Same-Sex Marriage, Italian Style, Matteo M. Winkler
Cardozo Journal of Equal Rights & Social Justice
The article examines Italy's exceptionalism in same-sex marriage rights through the lens of the Bernaroli case, highlighting the country's divergence from European legal trends. It argues that the Italian Constitutional Court's heteronormative interpretation of Article 29 of the Constitution, which prohibits same-sex marriage, reflects a broader resistance to recognizing same-sex unions despite international human rights standards. The case underscores the tension between domestic law and supranational legal frameworks, such as rulings from the European Court of Human Rights, which have increasingly supported the recognition of same-sex relationships. The article concludes that while Italy has made limited progress with its 2016 …
The Myth Of Gender Equality In Turkey: Her Name Or Sir-Name?,
2016
İnönü University, Malatya, Turkey
The Myth Of Gender Equality In Turkey: Her Name Or Sir-Name?, Joseph Zand, Bahar Öcal Apaydın
Cardozo Journal of Equal Rights & Social Justice
Gender equality is one of the most contentious matters in the contemporary Turkish society. Unlike in many other parts of the developed world, Turkish women still struggle to use their maiden name, as well as to pass it on to their children upon marriage. A woman's surname is of crucial importance to her identity. Despite the fact that Turkey is a part of the European Civil Law tradition and the Turkish Civil Code has a specific provision regarding women's surnames, Turkey has failed to grant its female population a choice in relation to their surname after marriage. The European Court …
Religion's Power Over Reproductive Care: State Religious Freedom Restoration Laws And Abortion,
2016
Benjamin N. Cardozo School of Law
Religion's Power Over Reproductive Care: State Religious Freedom Restoration Laws And Abortion, Sophia Martin Schechner
Cardozo Journal of Equal Rights & Social Justice
The note argues that state Religious Freedom Restoration Acts (RFRAs), such as those in Missouri and Alabama, can be strategically used by pro-choice advocates to challenge restrictive informed consent laws for abortion, as these laws may violate the Establishment Clause and unduly burden women's religious freedom. By leveraging state RFRAs, advocates can resist reproductive care restrictions imposed by such laws, offering a novel legal strategy to protect abortion access.
My Hair Is Not Like Yours: Workplace Hair Grooming Policies For African American Women As Racial Stereotyping In Violation Of Title Vii,
2016
University of Georgia's Terry College of Business
My Hair Is Not Like Yours: Workplace Hair Grooming Policies For African American Women As Racial Stereotyping In Violation Of Title Vii, Dawn D. Bennett-Alexander, Linda F. Harrison
Cardozo Journal of Equal Rights & Social Justice
This article argues that workplace discrimination based on hair grooming policies disproportionately impacts African American women. The article seeks to establish that natural hair is an immutable characteristic, as is all hair, made mutable by social policies that impose an "acceptable" standard of beauty that was never meant to include or reflect black women. Often placed under workplace or other institutional grooming policies, the article posits that these policies are no more than a continuation of race-based policies that reflect unlawful stereotyping under Title VII and should be eliminated. Lastly, the article proposes a set of questions that test the …
Property's Immortality,
2016
College of Law & Business (CLB)
Property's Immortality, Shelly Kreiczer-Levy
Cardozo Journal of Equal Rights & Social Justice
The law ofpost most-mortem transfers assumes an autonomous individual, free to will their property as they see fit. This Article offers a relational critique of this legal reality, and highlights the implications ofsuch a critique for gender equality. Although property's role in supporting relationships and facilitating cooperation has long been celebrated, post-mortem transfers pose a challenge to relational legal theory. It is commonly held that death puts a stop to all relationships and defies all relational commitments. This Article builds on a different perception of death, and argues that the need to transcend mortality is profoundly relational. Property-related projects can …
