The Lawmaking Family,
2012
St. John's University School of Law
The Lawmaking Family, Noa Ben-Asher
Faculty Publications
Increasingly there are conflicts over families trying to “opt out” of various legal structures, especially public school education. Examples of opting-out conflicts include a father seeking to exempt his son from health education classes; a mother seeking to exempt her daughter from mandatory education about the perils of female sexuality; and a vegetarian student wishing to opt out of in-class frog dissection. The Article shows that, perhaps paradoxically, the right to direct the upbringing of children was more robust before it was constitutionalized by the Supreme Court in Meyer v. Nebraska (1923) and Pierce v. Society of Sisters (1925). In …
Dealing With Doma: Federal Non-Recognition Complicates State Income Taxation Of Same-Sex Relationships,
2012
Benjamin N. Cardozo School of Law
Dealing With Doma: Federal Non-Recognition Complicates State Income Taxation Of Same-Sex Relationships, Carlton M. Smith, Edward D. Stein
Articles
Various states now recognize relationships between people of the same-sex, but due to the Defense of Marriage Act, the federal government does not. In the context of income taxes, this combination of state recognition and federal non-recognition of same-sex relationships produces a significant problem for many same-sex couples and some state taxing authorities. Most states have income tax and, typically, state income tax laws “piggyback” on federal income tax laws. Depending on the state, same-sex couples in legally-recognized relationships must file their state income tax returns as married (either “filing jointly” or “filing separately”), as domestic partners, or as parties …
Reforming The Safe Haven In Ohio: Protecting The Rights Of Mothers Through Anonymity,
2012
Cleveland State University
Reforming The Safe Haven In Ohio: Protecting The Rights Of Mothers Through Anonymity, Brittany Neal
Journal of Law and Health
This Note discusses the conflict between the statewide safe haven law and the Ohio juvenile rules regarding procedure. It purports that to protect the rights of new mothers and retain the essential element of anonymity, Ohio’s Juvenile Rule 1(C) needs to be amended to maintain the state’s current safe haven law. Therefore, because of the statewide threat Ohio courts place on Ohio’s safe haven law, Juvenile Rule 1(C) needs to explicitly provide for an additional exception in cases of child relinquishment. Section II of this Note discusses the beginning of state safe haven legislation and what the laws are attempting …
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?,
2012
Benjamin N. Cardozo School of Law
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.
Sex Change: Changing The Face Of Transgender Policy In The United States,
2012
Benjamin N. Cardozo School of Law
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.
Do Female “Firsts” Still Matter?: Why They Do For Women Of Color,
2012
Boston University School of Law
Do Female “Firsts” Still Matter?: Why They Do For Women Of Color, Amber Shanahan-Fricke, Angela Onwuachi-Willig
Faculty Scholarship
This Article argues that diversifying the federal judiciary with more women and men of color, but particularly with more women of color, is essential to moving forward and strengthening this country’s democracy. Specifically, this Article responds to arguments by prominent feminists that having female “firsts” on the bench is not as critical as having the “right” women on the bench—“right” meaning those women who are invested in and supportive of what are traditionally viewed as women’s issues. In so responding, this Article acknowledges the appeal of such arguments regarding judicial service from the “right” women, but contends that, while achieving …
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 …
Aclu Seeks Supreme Court Review In Windsor Doma Suit,
2012
New York Law School
Aclu Seeks Supreme Court Review In Windsor Doma Suit, Arthur S. Leonard
Other Publications
No abstract provided.
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.
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.
Abandoning Women To Their Rights: What Happens When Feminist Jurisprudence Ignores Birthing Rights,
2012
University of Maryland School of Law
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.
