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The Absence Of Parenting Students’ Rights: How And Why Title Ix Tolerates Discriminatory Attendance Policies, Elizabeth M. Hady 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, Laura C. Sayler 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, Richard F. Brueckner 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, Jessica R. Pulitzer 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, Alana Berrocal 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, Eujean Park 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, Tara Pistilli 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, Michael Barrett Zimmerman 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.


Health Rights In The Balance: The Case Against Perinatal Shackling Of Women Behind Bars, Brett Dignam, Eli Y. Adashi 2014 Columbia Law School

Health Rights In The Balance: The Case Against Perinatal Shackling Of Women Behind Bars, Brett Dignam, Eli Y. Adashi

Faculty Scholarship

Rationalized for decades on security grounds, perinatal shackling entails the application of handcuffs, leg irons, and/or waist shackles to the incarcerated woman prior to, during, and after labor and delivery. During labor and delivery proper, perinatal shackling may entail chaining women to the hospital bed by the ankle, wrist, or both. Medically untenable, legally challenged, and ever controversial, perinatal shackling remains the standard of practice in most US states despite sustained two-decades-long efforts by health rights legal advocates, human rights organizations, and medical professionals. Herein we review the current statutory, regulatory, legal, and medical framework undergirding the use of restraints …


Anatomy Of An Uprising: Women, Democracy, And The Moroccan Feminist Spring, Karla M. McKanders 2014 Vanderbilt University Law School

Anatomy Of An Uprising: Women, Democracy, And The Moroccan Feminist Spring, Karla M. Mckanders

Vanderbilt Law School Faculty Publications

During the Arab Spring, Moroccan men and women first took to the streets on February 20, 2011 to demand governmental reforms. Their movement became known as the Mouvement du 20-Février. In a series of protests, Moroccans called for democratic change, lower food prices, freedom for Islamist prisoners, and rights for the Berber people. Initially, King Mohammad VI attempted to suppress the movement. When this approach did not succeed, in a televised speech, the King agreed to reform the government. In June 2011, the constitutional committee proposed changes that would reduce the King’s absolute powers, implement democratic reforms, and create a …


Victim Gender And The Death Penalty, Caisa Elizabeth Royer, Amelia Courtney Hritz, Valerie P. Hans, Theodore Eisenberg, Martin T. Wells, John H. Blume, Sheri Lynn Johnson 2014 Cornell Law School

Victim Gender And The Death Penalty, Caisa Elizabeth Royer, Amelia Courtney Hritz, Valerie P. Hans, Theodore Eisenberg, Martin T. Wells, John H. Blume, Sheri Lynn Johnson

Cornell Law Faculty Publications

Previous research suggests that cases involving female victims are more likely to result in death sentences. The current study examines possible reasons for this relationship using capital punishment data from the state of Delaware. Death was sought much more for murders of either male or female white victims compared to murders of black male victims. Analyzing capital sentencing hearings in Delaware from 1977-2007 decided by judges or juries, we found that both characteristics of the victims and characteristics of the murders differentiated male and female victim cases. The presence of sexual victimization, the method of killing, the relationship between the …


Classcrits Mission Statement, Justin Deystone, Angela P. Harris, Martha McCluskey, Athena Mutua, James Pope, Ann Tweedy 2014 University of Colorado Law School

Classcrits Mission Statement, Justin Deystone, Angela P. Harris, Martha Mccluskey, Athena Mutua, James Pope, Ann Tweedy

Publications

No abstract provided.


Murder, Minority Victims, And Mercy, Aya Gruber 2014 University of Colorado Law School

Murder, Minority Victims, And Mercy, Aya Gruber

Publications

Should the jury have acquitted George Zimmerman of Trayvon Martin's murder? Should enraged husbands receive a pass for killing their cheating wives? Should the law treat a homosexual advance as adequate provocation for killing? Criminal law scholars generally answer these questions with a resounding "no." Theorists argue that criminal laws should not reflect bigoted perceptions of African Americans, women, and gays by permitting judges and jurors to treat those who kill racial and gender minorities with undue mercy. According to this view, murder defenses like provocation should be restricted to ensure that those who kill minority victims receive the harshest …


Marriage Equality Setback In Puerto Rico, Arthur S. Leonard 2014 New York Law School

Marriage Equality Setback In Puerto Rico, Arthur S. Leonard

Other Publications

No abstract provided.


With 30 States Set For Marriage Equality, Road Ahead Still Uncertain, Arthur S. Leonard 2014 New York Law School

With 30 States Set For Marriage Equality, Road Ahead Still Uncertain, Arthur S. Leonard

Other Publications

No abstract provided.


Anti-Equality Forces Get ‘The Posner Treatment’ At Seventh Circuit Hearing, Ari Ezra Waldman 2014 New York Law School

Anti-Equality Forces Get ‘The Posner Treatment’ At Seventh Circuit Hearing, Ari Ezra Waldman

Other Publications

No abstract provided.


$1.6 Million Employment Bias Award Upheld By Manhattan Appeals Court, Arthur S. Leonard 2014 New York Law School

$1.6 Million Employment Bias Award Upheld By Manhattan Appeals Court, Arthur S. Leonard

Other Publications

No abstract provided.


Backlash And Marriage Equality, Arthur S. Leonard 2014 New York Law School

Backlash And Marriage Equality, Arthur S. Leonard

Other Publications

No abstract provided.


Presumed Incompetent: Continuing The Conversation, Carmen Gonzalez, Angela P. Harris 2014 Seattle University School of Law

Presumed Incompetent: Continuing The Conversation, Carmen Gonzalez, Angela P. Harris

Faculty Articles

On March 8, 2013, the Berkeley Journal of Gender, Law & Justice hosted an all-day symposium featuring more than forty speakers at the University of California, Berkeley School of Law to celebrate and invite responses to the book entitled, Presumed Incompetent: The Intersections of Race and Class for Women in Academia (Gabriella Gutiérrez y Muhs, Yolanda Flores Niemann, Carmen G. González & Angela P. Harris eds., 2012). Presumed Incompetent presents gripping first-hand accounts of the obstacles encountered by female faculty of color in the academic workplace, and provides specific recommendations to women of color, allies, and academic leaders on ways …


Bearing Children, Bearing Risks: Feminist Leadership For Progressive Regulation Of Compensated Surrogacy In The United States, Sara Ainsworth 2014 Seattle University School of Law

Bearing Children, Bearing Risks: Feminist Leadership For Progressive Regulation Of Compensated Surrogacy In The United States, Sara Ainsworth

Faculty Articles

Compensated surrogacy-an arrangement in which a woman carries and gives birth to a child for someone else in exchange for money-intimately affects women. Yet, feminist law reformers have not led efforts to regulate this practice in the United States. Their absence is notable given the significant influence of feminist lawmaking in a host of other areas where women's interests are at stake. This lack of feminist law reform leadership can be understood, however, in light of the complex issues that surrogacy raises-complexity that has long divided feminists. In response to efforts to pass surrogacy legislation in Washington State in 2010, …


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