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The New Illegitimacy: Tying Parentage To Marital Status For Lesbian Co-Parents, Joanna L. Grossman 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, Antoinette M. Sedillo Lopez 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, Margaret E. Montoya 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, Jennifer S. Hendricks 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, Deborah N. Archer 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, Ezra Rosser 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, Daniel L. Hatcher 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, Dehlia Umunna 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, Robin R. Runge 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, Emily A. Benfer, Davida Finger, Annette Appell 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?, Nienke Grossman 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, Dionne L. Koller 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, Olympia Duhart 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, Catherine London 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, Erin Bistricer 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, Michael Rosen 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, Tessa Davis 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, Kristin A. Olbertson 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.


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