The New Illegitimacy: Tying Parentage To Marital Status For Lesbian Co-Parents,
2012
Southern Methodist University, Dedman School of Law
The New Illegitimacy: Tying Parentage To Marital Status For Lesbian Co-Parents, Joanna L. Grossman
Faculty Journal Articles and Book Chapters
Should a child be allowed two legal parents only if born into a marriage? For children of heterosexual parents, the answer, today, is definitively "no." Constitutional protection for parental rights does not permit the ties between an unwed father and his child to be severed simply because he is not married to the child's mother. But the answer is often different for the child of a lesbian mother. In a recent opinion, Debra H. v. Janice R., the New York Court of Appeals ruled that a lesbian co-parent- a woman who had participated in the conception, birth, and early rearing …
Beyond Best Practices For Legal Education: Reflections On Cultural Awareness - Exploring The Issues In Creating A Law School And Classroom Culture,
2012
University of New Mexico - School of Law
Beyond Best Practices For Legal Education: Reflections On Cultural Awareness - Exploring The Issues In Creating A Law School And Classroom Culture, Antoinette M. Sedillo Lopez
Faculty Scholarship
If law schools are to prepare students for the reality of practice, it is useful to help students become aware of cultural issues that can affect client representation by examining the culture that the law school creates. The culture created by faculty, students, administration, and staff will affect the law student's acculturation as a legal professional as well as the law student's psychological well-being. This issue was addressed briefly in Best Practices for Legal Education (Best Practices), but not developed. This essay explores some of the challenges and opportunities of bringing cross-cultural issues into a law school classroom and some …
Legal Education, Social Justice And The Law School Dean: Latinas At The Center,
2012
University of New Mexico - School of Law
Legal Education, Social Justice And The Law School Dean: Latinas At The Center, Margaret E. Montoya
Faculty Scholarship
The opening of LatCrit XVI in San Diego, CA, on October 9, 2011, coincided with the events that are identified as the start of the global expression of the Occupy Movement. The Occupy Movement began to gain media attention on September 17, 2011, in Zuccotti Park in New York City. By October 9, protests had taken place or were ongoing in eighty-two countries and over 600 communities in the United States. The broad theme for LatCrit XVI was "Global Justice" and the conference was billed as "an opportunity to explore theories, histories, and futures of global justice. Of particular importance …
Renegotiating The Social Contract,
2012
University of Colorado Law Review
Renegotiating The Social Contract, Jennifer S. Hendricks
Publications
This review of The Supportive State: Families, Government and America’s Political Ideals highlights Maxine Eichner’s important theoretical contributions to both liberal political theory and feminist theory, applauding her success in reforming liberalism to account for dependency, vulnerability, and families. The review then considers some implications of Eichner’s proposals and their likely reception among feminists. It concludes that The Supportive State is a sound and inspiring response to recent calls that feminist theory move from being strictly a school of criticism to developing a theory of governance.
Why We Need Race Conscious Admissions,
2012
New York Law School
Why We Need Race Conscious Admissions, Deborah N. Archer
Other Publications
No abstract provided.
Reclaiming Demographics: Women, Poverty, And The Common Interest In Particular Struggles,
2012
American University Washington College of Law
Reclaiming Demographics: Women, Poverty, And The Common Interest In Particular Struggles, Ezra Rosser
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Don't Forget Dad: Addressing Women's Poverty By Rethinking Forced And Outdated Child Support Policies,
2012
American University Washington College of Law
Don't Forget Dad: Addressing Women's Poverty By Rethinking Forced And Outdated Child Support Policies, Daniel L. Hatcher
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Rethinking The Neighborhood Watch: How Lessons From The Nigerian Village Can Creatively Empower The Community To Assist Poor, Single Mothers In America,
2012
American University Washington College of Law
Rethinking The Neighborhood Watch: How Lessons From The Nigerian Village Can Creatively Empower The Community To Assist Poor, Single Mothers In America, Dehlia Umunna
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Failing To Address Sexual And Domestic Violence At Work: The Case Of Migrant Farmworker Women,
2012
American University Washington College of Law
Failing To Address Sexual And Domestic Violence At Work: The Case Of Migrant Farmworker Women, Robin R. Runge
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Symposium: Theory And Praxis In Reducing Women's Poverty,
2012
American University Washington College of Law
Symposium: Theory And Praxis In Reducing Women's Poverty, Emily A. Benfer, Davida Finger, Annette Appell
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Sex On The Bench: Do Women Judges Matter To The Legitimacy Of International Courts?,
2012
University of Baltimore School of Law
Sex On The Bench: Do Women Judges Matter To The Legitimacy Of International Courts?, Nienke Grossman
All Faculty Scholarship
This article seeks to advance our understanding of international courts' legitimacy and its relationship to who sits on the bench. It asks whether we should care that few women sit on international court benches. After providing statistics on women's participation on eleven of the world's most important courts and tribunals, the article argues that under-representation of one sex affects normative legitimacy because it endangers impartiality and introduces bias when men and women approach judging differently. Even if men and women do not think differently, a sex un-representative bench harms sociological legitimacy for constituencies who believe they do nonetheless. For groups …
How The Expressive Power Of Title Ix Dilutes Its Promise,
2012
University of Baltimore School of Law
How The Expressive Power Of Title Ix Dilutes Its Promise, Dionne L. Koller
All Faculty Scholarship
Title IX is widely credited with shaping new norms for the world of sports by requiring educational institutions to provide equal athletic opportunities to women. The statute and regulations send a message that women are entitled to participate in sports on terms equal to men. For several decades, this message of equality produced dramatic results in participation rates, as the number of women interested in athletics grew substantially. Despite these gains, however, many women and girls, especially those of color and lower socio-economic status, still do not participate in sports, or remain interested in participating, in numbers comparable to their …
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 18, Iss. 2,
2012
Yeshiva University, Cardozo School of Law
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,
2012
NSU Shepard Broad College of Law
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,
2012
University of Minnesota
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.
"U" Stands For Underutilization: The U Visa's Vulnerability For Underuse In The Sex Trafficking Context,
2012
Benjamin N. Cardozo School of Law
"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, …
Constitutional Implications Of Title Ix Compliance In Colleges And Universities,
2012
Benjamin N. Cardozo School of Law
Constitutional Implications Of Title Ix Compliance In Colleges And Universities, Michael Rosen
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Annotated Legal Bibliography On Gender,
2012
Yeshiva University, Cardozo School of Law
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,
2012
Tulane University Law School
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,
2012
Alma College
"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.
