Law and Gender Commons^™

A Female Disease: The Unintentional Gendering Of Fibromyalgia Social Security Claims, Dara Purvis

Faculty Scholarship

Social Security disability claims are not supposed to be decided based on the gender of the applicant. Reliance on the apparently neutral mechanism of clinical medical evidence, however, has a disproportionate impact on women bringing disability claims based on fibromyalgia. Recognizing and identifying disability has been delegated by Congress and the Social Security Administration almost entirely to physicians, based upon a misguided and mistaken belief that clinical medical evidence evaluated by a trained physician will answer with certainty whether an individual claimant is capable of working. Fibromyalgia, a diffuse syndrome characterized by excess pain that is overwhelmingly diagnosed in women …

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 18, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Ptsd And Women Warriors: Causes, Controls, And A Congressional Cure, Olympia Duhart

Cardozo Journal of Equal Rights & Social Justice

The article argues that the combat exclusion policy for women in the U.S. military contributes to higher rates of PTSD among female veterans and perpetuates gender-based discrimination. It asserts that this policy is unconstitutional under the Equal Protection Clause of the Fourteenth Amendment and advocates for its repeal to improve mental health outcomes and promote gender equality in the military.

Advancing A Surrogate-Focused Model Of Gestational Surrogacy Contracts, Catherine London

Cardozo Journal of Equal Rights & Social Justice

The article examines the ethical, legal, and feminist implications of commercial surrogacy, arguing that the practice raises significant concerns about the commodification and exploitation of women and children. It critiques the current legal framework for its inconsistency and paternalistic approach, which often restricts women's reproductive freedom. The analysis advocates for a surrogate-focused contract model to address these issues, emphasizing the need to empower surrogates by granting them greater autonomy and bargaining power in surrogacy arrangements. This approach aims to balance the interests of all parties while minimizing the risk of exploitation.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 18, Iss. 3

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Surviving Castle Rock: The Human Rights Of Domestic Violence, Max D. Siegel

Cardozo Journal of Equal Rights & Social Justice

The article critically examines the U.S. Supreme Court's decision in Town of Castle Rock v. Gonzales and its broader implications for domestic violence survivors' rights. It argues that the Court's adherence to a "Negative Constitution," which limits government obligations to citizens, fails to protect vulnerable populations and violates international human rights standards. The article advocates for incorporating international law into U.S. jurisprudence to address systemic failures in responding to domestic violence.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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 …

"She Stedfastly Accused Him In The Time Of Her Travail": Women's Words And Paternity Suits In 18th-Century Massachusetts, Kristin A. Olbertson

Cardozo Journal of Equal Rights & Social Justice

The article examines the decline of women's testimony in bastardy cases in post-revolutionary Massachusetts, arguing that this shift was driven by changing gender ideologies, the Anglicization of legal procedures, and the increasing exclusion of women from authoritative roles. While women's testimony was once central to determining paternity, by the late 18th century, male jurors became the primary decision-makers, reflecting broader societal efforts to restrict women's public roles. The analysis highlights how this transition underscores the intersection of legal and cultural changes in early America.

Abandoning Women To Their Rights: What Happens When Feminist Jurisprudence Ignores Birthing Rights, Rebecca A. Spence

Cardozo Journal of Equal Rights & Social Justice

The article argues that feminist jurisprudence has neglected the critical issue of birthing rights, failing to integrate them into legal scholarship and education. This omission leaves women vulnerable to violations of their autonomy and dignity during childbirth, as courts and legislatures often prioritize fetal interests and medical authority over women's rights. The article emphasizes the need for a more robust legal framework that protects women's rights to make autonomous decisions about their care, including access to midwifery and the right to refuse medical interventions.

Ain't I A Victim? The Intersectionality Of Race, Class, And Gender In Domestic Violence And The Courtroom, Geneva Brown

Cardozo Journal of Equal Rights & Social Justice

The legal system systematically fails to protect marginalized groups, particularly African American women, from intimate-partner violence due to entrenched race, gender, and class biases. These biases manifest in the courts' disregard for the unique experiences of African American women, as highlighted by Kimberlé Crenshaw's intersectionality theory. The article examines how systemic discrimination and the courts' failure to enforce protective orders perpetuate violence against this vulnerable population, emphasizing the lethal consequences of these failures. The analysis also critiques the Supreme Court's narrowing of constitutional protections in cases like DeShaney v. Winnebago County and Castle Rock v. Gonzales, which further erode …

Masthead, Cardozo Journal Of Law & Gender, Vol. 20 (2013–14)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

"The Birth Of Death": Stillborn Birth Certificates And The Problem For Law, Carol Sanger

Faculty Scholarship

Stillbirth is a confounding event, a reproductive moment that at once combines birth and death. This Essay discusses the complications of this simultaneity as a social experience and as a matter of law. While traditionally, stillbirth didn't count for much on either score, this is no longer the case. Familiarity with fetal life through obstetric ultrasound has transformed stillborn children into participating members of their families long before birth, and this in turn has led to a novel demand on law.

Dissatisfied with the issuance of a stillborn death certificate, bereaved parents of stillborn babies have successfully lobbied state legislatures …

Can Equitable Estoppel Be Used As An Effective Way For A Legal Parent To Obtain Child Support For The Children Of A Separated Same-Sex Couple?, Josh Smolow

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Constitutional Implications Of Title Ix Compliance In Colleges And Universities, Michael Rosen

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

"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, …

Sex Change: Changing The Face Of Transgender Policy In The United States, Amy Ballard

Cardozo Journal of Equal Rights & Social Justice

The note argues that transgender laws in the United States are inconsistent and unjust, with a lack of a uniform legal definition of transgender. The 2010 passport policy, which allows gender changes without surgery, highlights the need for comprehensive legal reform. The author advocates for a standardized legal definition and procedures to ensure consistent rights and protections for transgender individuals.

Factions For The Rest Of Us, John D. Inazu

Scholarship@WashULaw

This essay responds to essays by Professors Ashutosh Bhagwat, Susan Appleton, and Robert Vischer on my book Liberty’s Refuge: The Forgotten Freedom of Assembly. The essays were presented at a March 2012 discussion hosted by Washington University School of Law that included additional presentations from Gregory Magarian, Bernadette Meyler, Ian MacMullen, and Neil Richards.

I had three objectives in writing Liberty’s Refuge, one diagnostic, one historical, and one normative. The diagnosis highlights difficulties with the current doctrine of intimate and expressive association. The history excavates the prominent role that the right of assembly occupies in our constitutional and popular past. …

Looking At Regional Trade Agreements Through The Lens Of Gender, Constance Z. Wagner

All Faculty Scholarship

This article focuses on an unresolved issue within international trade law and policy, namely whether there is a need to consider gender-differentiated impacts of trade agreements and if so, how such impacts should be addressed. The author argues in favor of a gender aware approach to trade, discussing this topic within the context of regional trade agreements (“RTAs”), which are being used increasingly as a route to economic integration among nations. While there is evidence of gender-differentiated impacts of trade liberalization, there has been little progress made in advancing an agenda to address gender issues at the level of multilateral …