Pregnancy Leave And Seniority Systems Under Title Vii: A Critique Of At&T; V. Hulteen,
2011
Benjamin N. Cardozo School of Law
Pregnancy Leave And Seniority Systems Under Title Vii: A Critique Of At&T; V. Hulteen, Polina Zhong
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Un Women: Jumping The Hurdles To Overcoming Gender Inequality, Or Falling Short Of Expectations?,
2011
Benjamin N. Cardozo School of Law
Un Women: Jumping The Hurdles To Overcoming Gender Inequality, Or Falling Short Of Expectations?, Kerry Boyne
Cardozo Journal of Equal Rights & Social Justice
The note examines the challenges faced by UN Women in addressing the interconnected issues of the feminization of poverty and HIV/AIDS, particularly in developing countries. It argues that while UN Women represents a significant step forward with its consolidated structure and increased resources, its success in eradicating these issues depends on overcoming deeply entrenched gender inequalities, inadequate funding, and the effectiveness of its implementation strategies. The analysis highlights the need for UN Women to not only formulate norms but also ensure their proper incorporation and implementation at national and local levels.
Introduction To The Symposium: Access To Justice: Mass Incarceration And Masculinity Through A Black Feminist Lens,
2011
Washington University in St. Louis School of Law
Introduction To The Symposium: Access To Justice: Mass Incarceration And Masculinity Through A Black Feminist Lens, Adrienne D. Davis, Annette R. Appell
Scholarship@WashULaw
This Introduction to the Symposium, Race to Justice: Mass Incarceration and Masculinity through a Black Feminist Lens, rehearses the animating forces that led to a colloquium and a series of papers that explore the question of mass incarceration and the negative state engagement surrounding it through gendered and feminist lenses. The Introduction explains how an analysis of mass incarceration through the lens of gender complicates what is often conceived as a story about race. Instead mass incarceration can be more deeply understood through its gendered effects on men and the women and children connected to those men. These connections include …
Advice And Consent Vs. Silence And Dissent? The Contrasting Roles Of The Legislature In U.S. And U.K. Judicial Appointments,
2011
American University Washington College of Law
Advice And Consent Vs. Silence And Dissent? The Contrasting Roles Of The Legislature In U.S. And U.K. Judicial Appointments, Mary Clark
Scholarly Articles in Law Reviews & Journals
The Senate‘s role in judicial appointments has come under increasingly withering criticism for its uninformative and spectacle-like nature. At the same time, Britain has established two new judicial appointment processes - to accompany its new Supreme Court and existing lower courts - in which Parliament plays no role. This Article seeks to understand the reasons for the inclusion and exclusion of the legislature in the U.S. and U.K. judicial appointment processes adopted at the creation of their respective Supreme Courts.
The Article proceeds by highlighting the ideas and concerns motivating inclusion of the legislature in judicial appointments in the early …
Cohabitation And The Restatement (Third) Of Restitution & Unjust Enrichment,
2011
American University Washington College of Law
Cohabitation And The Restatement (Third) Of Restitution & Unjust Enrichment, Candace Kovacic-Fleischer
Scholarly Articles in Law Reviews & Journals
The Restatement (Third) of Restitution & Unjust Enrichment clarified and modernized a field that had become muddled since the publication of the Restatement (First) in 1937. One area of modernization relates to the changes in law towards women, particularly changes in law toward female cohabitants. Published in 2011, the Restatement (Third) added a new Section 28, which rejected the view that it would be immoral for one cohabitant to bring suit against the other, and relaxed the restriction on recovery in unjust enrichment for "gratuitous" contributions. This Article reviews societal and legal changes for women since 1937 and notes that, …
Inter-American System,
2011
American University Washington College of Law
Inter-American System, Claudia Martin
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Unsex Cedaw, Or What's Wrong With Women's Rights,
2011
Elisabeth Haub School of Law at Pace University
Unsex Cedaw, Or What's Wrong With Women's Rights, Darren Rosenblum
Elisabeth Haub School of Law Faculty Publications
Part I discusses why CEDAW continues to be relevant as the primary source of international law on sex discrimination. Until the advent of the Convention on the Rights of the Child (CRC), CEDAW was the most widely-subscribed international treaty. Some of the draft language of CEDAW reflects the tension between category and identity and how "women" won the debate. Part II contrasts CEDAW with the Convention for the Elimination of Racial Discrimination (CERD). It points to the identitarian focus of CEDAW as a core reason for its failures. Had CEDAW reflected a category focus, as CERD did, it would more …
An Analysis Of The History And Hardship Experienced By Girls In The Las Vegas Juvenile Justice System,
2011
University of Nevada, Las Vegas
An Analysis Of The History And Hardship Experienced By Girls In The Las Vegas Juvenile Justice System, Ana Zuniga
McNair Poster Presentations
Previous research has defined several factors as predictors to juvenile delinquency. Characteristics among the youth involved in criminal behavior include various home placements, running away, mental health problems, physical and sexual abuse, delinquency history, and family members with a delinquent background. These factors were analyzed in the current to observe whether the predictors were relevant to girls detained in the Las Vgeas juvenile justice system. While observing the data in this study, it appeared that predictors described in previous research were in fact present among this population. However, Further research should take an in depth look at these factors in …
Bad Girls Of Art And Law: Abjection, Power, And Sexuality Exceptionalism In (Kara Walker’S) Art And (Janet Halley’S) Law,
2011
Washington University in St. Louis School of Law
Bad Girls Of Art And Law: Abjection, Power, And Sexuality Exceptionalism In (Kara Walker’S) Art And (Janet Halley’S) Law, Adrienne D. Davis
Scholarship@WashULaw
This paper seeks to make some connections between legal theorist Janet Halley and contemporary artist Kara Walker. It compares their recent oeuvre to show how both reject understandings of the interplay of sex, power, and subordination proffered by conventional “justice projects” - specifically civil rights’ and feminism’s articulations of bodily violence and violation as key modes of racial and gender injury and subordination. Neither of these two is the first to dispute such accounts of injury and identity; yet, what distinguishes them is that both attempt to ground their theoretical and aesthetic indictments in the notion of abjection, or the …
Erotic Entitlements Part I: A Reply To Sex Therapy In The Age Of Viagra: “Money Can’T Buy Melove”,
2011
Washington University in St. Louis School of Law
Erotic Entitlements Part I: A Reply To Sex Therapy In The Age Of Viagra: “Money Can’T Buy Melove”, Adrienne D. Davis
Scholarship@WashULaw
This is the first of three inquiries into what might be thought of as erotic entitlement. It explores the role of the erotic in regulatory and distributive regimes. Conceived as a reply to Susan Stiritz and Susan Appleton‘s provocative and rich essay Sex Therapy in the Age of Viagra, it starts by summarizing the innovations of their argument. It next uses their paper to pose some questions. First, in this time of contentious feminist, constitutional, and human rights sexual discourse, how is the erotic defined? How is the erotic related to and distinct from desire, the sexual, and even the …
Ruti Teitel Responds To Shana Tabak,
2011
New York Law School
Ruti Teitel Responds To Shana Tabak, Ruti G. Teitel
Other Publications
No abstract provided.
Book Review Of Michelle Oberman’S And Cheryl L. Meyer’S “When Mothers Kill: Interviews From Prison”,
2011
New York Law School
Book Review Of Michelle Oberman’S And Cheryl L. Meyer’S “When Mothers Kill: Interviews From Prison”, Michael L. Perlin
Other Publications
No abstract provided.
A Major Step On Medicaid,
2011
New York Law School
Unequal Equality For Lesbian Mom,
2011
New York Law School
Unequal Equality For Lesbian Mom, Arthur S. Leonard
Other Publications
No abstract provided.
Section 2259 Restitution Claims And Child Pornography Possession,
2011
University of Michigan Law School
Section 2259 Restitution Claims And Child Pornography Possession, Dina Mcleod
Michigan Law Review
In 2009, a child pornography victim brought a criminal restitution claim against a defendant who possessed images of her abuse. The statutory provision authorizing restitution, 18 U.S.C. § 2259, had never before been used to bring a claim against a defendant who had only possessed, rather than produced or distributed, child pornography ("child pornography possession defendants"). The federal courts have not developed a consistent approach to resolving Section 2259 claims involving such defendants. This Note argues that two conceptions of traditional proximate cause doctrine can provide a framework for analyzing such claims. It examines Section 2259 claims using both a …
Sex Work By Law: Bedford's Impact On The Municipal Regulation Of Sex Work,
2011
Dalhousie University Schulich School of Law
Sex Work By Law: Bedford's Impact On The Municipal Regulation Of Sex Work, Elaine Craig
Articles, Book Chapters, & Popular Press
The recent Ontario trial decision in Bedford suggests three interrelated principles that municipal law makers should consider when formulating bylaws aimed at regulating sex work. These principles, if upheld on appeal, will inform the constitutionality of both current and prospective bylaws regulating sex work in Canadian cities. In Bedford, Justice Himel concluded that the constitutionality of laws regulating the sex trade must be determined in a legal context which recognizes the violence faced by sex workers. She confirmed that laws that indirectly make sex work more dangerous and harmful must be consistent with those principles that our legal system, through …
Sex Work By Law: Bedford's Impact On The Municipal Regulation Of Sex Work,
2011
Dalhousie University Schulich School of Law
Sex Work By Law: Bedford's Impact On The Municipal Regulation Of Sex Work, Elaine Craig
Articles, Book Chapters, & Popular Press
The recent Ontario trial decision in Bedford suggests three interrelated principles that municipal law makers should consider when formulating bylaws aimed at regulating sex work. These principles, if upheld on appeal, will inform the constitutionality of both current and prospective bylaws regulating sex work in Canadian cities.
In Bedford, Justice Himel concluded that the constitutionality of laws regulating the sex trade must be determined in a legal context which recognizes the violence faced by sex workers. She confirmed that laws that indirectly make sex work more dangerous and harmful must be consistent with those principles that our legal system, through …
Corporations And Human Rights Law: The Emerging Consensus And Its Effects On Women's Employment Rights,
2011
Yeshiva University, Cardozo School of Law
Corporations And Human Rights Law: The Emerging Consensus And Its Effects On Women's Employment Rights, Tiana O'Konek
Cardozo Journal of Equal Rights & Social Justice
The article argues that the current international human rights framework fails to adequately address corporate human rights abuses, particularly affecting women in the garment industry. This governance gap stems from the statist nature of international law, which overlooks non-state actors like corporations. Women in the garment industry, often confined to informal and precarious work, face systemic discrimination and exclusion from core labor protections, highlighting the need for a more inclusive and enforceable framework.
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 17, Iss. 3,
2011
Yeshiva University, Cardozo School of Law
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 17, Iss. 3
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Where Are The Grounds For The Legality Of Abortion? A 13th Amendment Argument,
2011
University of Florida
Where Are The Grounds For The Legality Of Abortion? A 13th Amendment Argument, Laura Sjoberg
Cardozo Journal of Equal Rights & Social Justice
The article critiques the legal framework supporting abortion rights, arguing that privacy-based jurisprudence, as established in *Roe v. Wade*, is inadequate due to its roots in a gendered public/private divide that perpetuates inequality. It proposes a new constitutional basis for abortion rights under the Thirteenth Amendment, framing forced pregnancy as a form of involuntary servitude and emphasizing gender subordination rather than privacy or equality.
