Taking The Bloody Linen Out Of The Closet: Menstrual Hygiene As A Priority For Achieving Gender Equality,
2014
Center for Human Rights & Global Justice
Taking The Bloody Linen Out Of The Closet: Menstrual Hygiene As A Priority For Achieving Gender Equality, Inga T. Winkler, Virginia Roaf
Cardozo Journal of Equal Rights & Social Justice
Regular menstruation signals a woman's health and fertility. menstruation is surrounded by shame, secrecy, embarrassment, fear, humiliation, silence, taboo, and stigma. Linked to this taboo, many cultural and religious norms-often grounded in patriarchal assumptions-seek to prevent contact with menstruating women and girls in order to avoid 'contamination' or 'becoming impure'. To some extent, this perception of menstruation is a paradox, given that motherhood is glorified. However, menstruation is not perceived as feminine', and it does not conform to the stereotypical role and behavior of women. Such stereotypes require women to be beautiful and beautified, deodorized and fresh, not bloody and …
Dads And Dicta: The Values Of Acknowledging Fathers’ Interests,
2014
Harvard Law School
Dads And Dicta: The Values Of Acknowledging Fathers’ Interests, Jean Strout
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
When Speech Isn't Free: Legal Barriers And Consequences Of Reporting Sexual Violence,
2014
Hamline University
When Speech Isn't Free: Legal Barriers And Consequences Of Reporting Sexual Violence, Kevin M. Fleming
Departmental Honors Projects
Incidents of sexual violence continue to be a serious problem for society. Likewise, acts of sexual violence impose severe consequences for survivors. The consequences initially begin at the onset of the survivor’s journey to psychological recovery following the traumatic sexual assault. The consequences take on a unique set of characteristics when the survivor attempts to use the justice system to confront the perpetrator who committed the offense. These characteristics can transform an adversarial process into an isolated battle for the survivor. In the worst cases, the justice system empowers individuals who wish to silence survivors with free speech restrictions instead …
The Pregnancy Exclusion In Advance Directives: Are Women's Constitutional Rights Being Violated? ,
2014
Loyola University Chicago, School of Law
The Pregnancy Exclusion In Advance Directives: Are Women's Constitutional Rights Being Violated? , Katie Rinkus
Public Interest Law Reporter
No abstract provided.
Missing The Forest For The Trees: Gender Pay Discrimination In Academia,
2014
University of Colorado Law School
Missing The Forest For The Trees: Gender Pay Discrimination In Academia, Melissa Hart
Publications
Women in virtually every job category still make less than men. Academia is no exception. This Article will explore some of the structural explanations for this continued disparity and the continued resistance to seriously confronting those structural barriers to equality. Using the still-unfolding story of a charge of discrimination filed against a university, this Article examines the script that has become all-too-familiar in discussions about the gender pay gap, whether in academia or elsewhere. The basic storyline in pay discrimination litigation is this: Evidence is presented about the existence of a gap between men's earnings and women's earnings. The response …
Rethinking Domestic Violence, Rethinking Violence,
2014
University of Colorado Law School
Rethinking Domestic Violence, Rethinking Violence, Aya Gruber
Publications
No abstract provided.
Our Fair City: A Comprehensive Blueprint For Gender And Sexual Justice In New York City,
2014
Columbia Law School, Center for Gender and Sexuality Law
Our Fair City: A Comprehensive Blueprint For Gender And Sexual Justice In New York City, Cindy Gao, Katherine M. Franke
Faculty Scholarship
Columbia Law School’s Center for Gender & Sexuality Law offers this report to aid the de Blasio administration in evaluating the steps it can and should take to eliminate all forms of gender and sexual discrimination, and to assure gender and sexual justice in City policy and programs. After consultation with numerous groups advocating for gender and sexual justice across New York City, the Center for Gender & Sexuality Law at Columbia Law School has synthesized in this report a set of key recommendations to the de Blasio administration, all designed to eliminate a wide range of disadvantages, invisibility, violence, …
Reflections On Presumed Incompetent: The Intersections Of Race And Class For Women In Academia Symposium - The Plenary Panel,
2014
Florida Agricultural and Mechanical University
Reflections On Presumed Incompetent: The Intersections Of Race And Class For Women In Academia Symposium - The Plenary Panel, Maritza I. Reyes
Journal Publications
No abstract provided.
Status And Contract In An Emerging Democracy: The Evolution Of Dispute Resolution In Ghana,
2014
St. John's School of Law
Status And Contract In An Emerging Democracy: The Evolution Of Dispute Resolution In Ghana, Paul F. Kirgis
Cardozo Journal of Conflict Resolution
Ghana is one of the developing world's success stories. The first sub-Saharan colony to gain independence, it is a stable democracy experiencing sustained economic growth. Yet as Ghana reaches for the material gains of participation in modern commercial life, its dual legal systems-the system of customary adjudication by traditional authorities and the formal court systemhave come under increasing pressure. New legal developments have truncated the authority of traditional decision-makers, while an overburdened court system lacks the resources to fill the resulting adjudicative gaps. To solve the problem, Ghana is now experimenting with a system of quasi-public dispute resolution, including contractual …
Prosecutor V. Taylor,
2014
University of Miami School of Law
Prosecutor V. Taylor, Charles Chernor Jalloh, David P. Stewart
Articles
No abstract provided.
Ending Silence: Demanding Safety From Sexual Assault - Don't Touch Me,
2014
American University Washington College of Law
Ending Silence: Demanding Safety From Sexual Assault - Don't Touch Me, Brenda V. Smith, Caleb J. Bess, Rebecca I. Heinsen, Jaime M. Yarussi, Michael J. Auger
Research Reports & White Papers
Ending Silence: Demanding Safety from Sexual Assault & Youth Speaking Up about Sexual Abuse in Custody are a series of graphic novels for adult and juvenile inmates in custodial settings. These graphic novels are intended to educate inmates about how to identify and address incidents of sexual assault. The plot lines in these graphic novels dramatize situations we know occur in custodial settings. The use of graphic novels in community education projects is well established. By presenting information through an illustrative medium, these novels aim to disseminate information about the sexual abuse reporting process to inmates at all literacy levels. …
It's Critical: Legal Participatory Action Research,
2014
University of Cincinnati College of Law
It's Critical: Legal Participatory Action Research, Emily M.S. Houh, Kristin Kalsen
Michigan Journal of Race and Law
This Article introduces a method of research that we term “legal participatory action research” or “legal PAR” as a way for legal scholars and activists to put various strands of critical legal theory into practice. Specifically, through the lens of legal PAR, this Article contributes to a rapidly developing legal literature on the “fringe economy” that comprises “alternative lending services” and products, including but not limited to pawnshops, check cashers, payday lenders, direct deposit loans, (tax) refund anticipation loans, and car title loans. As importantly, this article also contributes to the related fields of critical race theory, feminist legal theory, …
The Absence Of Parenting Students’ Rights: How And Why Title Ix Tolerates Discriminatory Attendance Policies,
2014
The University of Chicago Law School
The Absence Of Parenting Students’ Rights: How And Why Title Ix Tolerates Discriminatory Attendance Policies, Elizabeth M. Hady
Cardozo Journal of Equal Rights & Social Justice
The article examines the gaps in Title IX protections for parenting students, particularly female students, and highlights how societal stigma and discursive frameworks undermine their rights. It argues that while Title IX prohibits sex discrimination, its implementation often fails to address the unique challenges faced by parenting students, especially mothers, who are disproportionately affected by rigid attendance policies and discriminatory attitudes. The analysis emphasizes the role of "contamination discourse," which stigmatizes teenage mothers as irresponsible and a threat to societal morals, further eroding their legal protections and perpetuating inequality in education.
Back To Basics: Special Domestic Violence Jurisdiction In The Violence Against Women Reactivation Act Of 2013 And The Expansion Of Inherent Tribal Sovereignty,
2014
Benjamin N. Cardozo School of Law
Back To Basics: Special Domestic Violence Jurisdiction In The Violence Against Women Reactivation Act Of 2013 And The Expansion Of Inherent Tribal Sovereignty, Laura C. Sayler
Cardozo Law Review de•novo
Part I of this Note outlines the VAWA Reactivation Act of 2013, as well as the case law that it seeks partially to abrogate. Part II.A examines the delegation and inherent sovereignty theories more closely, and argues that inherent tribal sovereignty is the superior mechanism for validating the Act. Parts II.B, II.C, and II.D review the basic textual authority that should form the foundation of the Court’s analysis, and conclude that this authority supports recognition of inherent tribal sovereignty. Part III addresses counter arguments to this approach, and argues that, in upholding sections 904 and 905, the Court need not …
Flying Into Mecca: When Gender Should Be A Bona Fide Occupational Qualification For Expatriation Assignments In Female-Hostile Host Countries,
2014
Benjamin N. Cardozo School of Law
Flying Into Mecca: When Gender Should Be A Bona Fide Occupational Qualification For Expatriation Assignments In Female-Hostile Host Countries, Richard F. Brueckner
Cardozo Journal of Equal Rights & Social Justice
The note examines the tension between preserving cultural identity and navigating the demands of globalization, particularly in the context of employment discrimination under Title VII of the Civil Rights Act. It focuses on the "bona fide occupational qualification" (BFOQ) exception, which allows employers to discriminate based on certain qualifications essential to the job. The analysis critiques the narrow interpretation of BFOQ by courts and explores its application in religious and gender discrimination cases, proposing a balanced approach to reconcile business needs with anti-discrimination principles.
Fear And Failing In Family Court: Special Immigrant Juvenile Status And The State Court Problem,
2014
Benjamin N. Cardozo School of Law
Fear And Failing In Family Court: Special Immigrant Juvenile Status And The State Court Problem, Jessica R. Pulitzer
Cardozo Journal of Equal Rights & Social Justice
The note examines the challenges faced by immigrant children seeking Special Immigrant Juvenile Status (SIJS), highlighting how state family courts' inconsistent application of the law undermines the federal statute's intent to protect vulnerable children. It argues that while SIJS was designed to provide relief to children who have suffered abuse, abandonment, or neglect, procedural and substantive inconsistencies in family court adjudications, particularly in interpreting the "best interests of the child" principle, create barriers for eligible youth. The note advocates for reforms to ensure consistent and fair access to SIJS, emphasizing the need for standardized best interest principles and greater awareness …
Jock Straps Vs. Bra Straps: Is A Battle Of The Sexes Still Necessary? A Surprising Perspective On The Effects Of Title Ix On Male Athletes In The Ncaa,
2014
Benjamin N. Cardozo School of Law
Jock Straps Vs. Bra Straps: Is A Battle Of The Sexes Still Necessary? A Surprising Perspective On The Effects Of Title Ix On Male Athletes In The Ncaa, Alana Berrocal
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Shopping For Gender: The Unlawfulness Of An Unregulated Market For Prenatal Gender Selection And Selective Gender Abortion,
2014
Benjamin N. Cardozo School of Law
Shopping For Gender: The Unlawfulness Of An Unregulated Market For Prenatal Gender Selection And Selective Gender Abortion, Eujean Park
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Women, Water & Privatization: A Human Rights-Based Approach To Global Water Governance,
2014
Benjamin N. Cardozo School of Law
Women, Water & Privatization: A Human Rights-Based Approach To Global Water Governance, Tara Pistilli
Cardozo Journal of Equal Rights & Social Justice
The note argues that recognizing and clearly defining the human right to water is essential for ensuring equitable access, particularly for women and children, who are disproportionately affected by water scarcity and privatization. It emphasizes that a human rights-based approach to water governance is necessary to prevent conflicts and protect vulnerable populations, as demonstrated by the Cochabamba Water War. This approach, supported by international law, provides a legally binding framework to hold states and corporations accountable for fulfilling the right to water.
One-Off & Off-Hand: Developing An Appropriate Course Of Liability In Threatening Online Mass Communication Events,
2014
Benjamin N. Cardozo School of Law
One-Off & Off-Hand: Developing An Appropriate Course Of Liability In Threatening Online Mass Communication Events, Michael Barrett Zimmerman
Cardozo Arts & Entertainment Law Journal
No abstract provided.
