Provoking Change: Comparative Insights On Feminist Homicide Law Reform,
2010
University of Colorado Law School
Provoking Change: Comparative Insights On Feminist Homicide Law Reform, Carolyn B. Ramsey
Publications
The provocation defense, which mitigates murder to manslaughter for killings perpetrated in the heat of passion, is one of the most controversial doctrines in the criminal law because of its perceived gender bias; yet most American scholars and lawmakers have not recommended that it be abolished. This Article analyzes trendsetting feminist homicide law reforms, including the abolition of the provocation defense in three Australian jurisdictions, places these reforms in historical context, and assesses their applicability to the United States. It ultimately advocates reintroducing the concept of justified emotion, grounded in modern equality principles and social values, as a requirement for …
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 17, Iss. 1,
2010
Yeshiva University, Cardozo School of Law
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 17, Iss. 1
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Annotated Legal Bibliography On Gender,
2010
Yeshiva University, Cardozo School of Law
Annotated Legal Bibliography On Gender
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 16, Iss. 2,
2010
Yeshiva University, Cardozo School of Law
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 16, Iss. 2
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Annotated Legal Bibliography On Gender,
2010
Yeshiva University, Cardozo School of Law
Annotated Legal Bibliography On Gender
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 16, Iss. 3,
2010
Yeshiva University, Cardozo School of Law
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 16, Iss. 3
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
In The Manner Prescribed By The State: Potential Challenges To State-Enforced Hospital Limitations On Childbirth Options,
2010
United States District Court for the Northern District of Illinois
In The Manner Prescribed By The State: Potential Challenges To State-Enforced Hospital Limitations On Childbirth Options, Krista Stone-Manista
Cardozo Journal of Equal Rights & Social Justice
The article argues that hospital bans on vaginal births after cesarean (VBAC) infringe upon women's legal and constitutional rights, violating principles of autonomy and equality. These bans are not only medically unnecessary but also undermine international human rights standards that protect women's decisional autonomy in healthcare. The analysis posits that such bans discriminate against women and set a dangerous precedent for state and medical control over women's bodies during pregnancy.
Annotated Legal Bibliography On Gender,
2010
Yeshiva University, Cardozo School of Law
Annotated Legal Bibliography On Gender
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Sacred: Religion, Sexuality, And The Law,
2010
Yeshiva University, Cardozo School of Law
Sacred: Religion, Sexuality, And The Law
Cardozo Journal of Equal Rights & Social Justice
Symposium: Sacred: Religion, Sexuality, and the Law (February 9, 2010)
Masthead, Cardozo Journal Of Law & Gender, Vol. 17 (2010–11),
2010
Yeshiva University, Cardozo School of Law
Masthead, Cardozo Journal Of Law & Gender, Vol. 17 (2010–11)
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Orthodox Jewish Women And Eligibility For The Parsonage Exemption,
2010
Benjamin N. Cardozo School of Law
Orthodox Jewish Women And Eligibility For The Parsonage Exemption, Jacob Lewin
Cardozo Journal of Equal Rights & Social Justice
The note examines the eligibility of Orthodox Jewish women for the parsonage exemption under Section 107 of the Internal Revenue Code, arguing that unordained women can qualify if they hold formal theological degrees, despite lacking formal ordination or certification. It critiques Michael Broyde’s proposal that functional roles alone suffice, asserting that requiring formal licensing or certification prevents abuse of the exemption while ensuring its purpose of supporting religious leadership is maintained.
Sharing The Stage: Using Title Vii To End Discrimination Against Female Playwrights On Broadway,
2010
Benjamin N. Cardozo School of Law
Sharing The Stage: Using Title Vii To End Discrimination Against Female Playwrights On Broadway, Marisa Rothstein
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Barriers To Financing: Is European Union Indirect Discrimination Law The Answer For Female Entrepreneurs?,
2010
Benjamin N. Cardozo School of Law
Barriers To Financing: Is European Union Indirect Discrimination Law The Answer For Female Entrepreneurs?, Adam G. Panopoulos
Cardozo Journal of Equal Rights & Social Justice
The note explores whether European Union indirect discrimination law, particularly Directive 2004/113/EC, can address the barriers female entrepreneurs face in accessing financing. It examines the application of indirect discrimination principles to financial services, analyzing ECJ case law and advocating for the integration of gender mainstreaming to enhance gender equality in entrepreneurship.
Regulating Polygamy: Intimacy, Default Rules, And Bargaining For Equality,
2010
Washington University in St. Louis School of Law
Regulating Polygamy: Intimacy, Default Rules, And Bargaining For Equality, Adrienne D. Davis
Scholarship@WashULaw
Most legal scholarship about polygamy has approached it in one of two ways. Some have framed it as a question of how far constitutional protection for religious freedom and privacy rights extends, including what we might think of as “intimacy liberty,” particularly in light of Lawrence v. Texas. Others have debated decriminalization, based on the contested effects of polygamy on matters ranging from women’s subordination to fraudulent behavior to democracy. This Essay shifts attention from the constitutionality and decriminalization debates to a new set of questions: whether and how polygamy might be effectively recognized and regulated, consistent with contemporary social …
Introduction To The Symposium: The Politics Of Identity After Identity Politics,
2010
Washington University in St. Louis School of Law
Introduction To The Symposium: The Politics Of Identity After Identity Politics, Adrienne D. Davis
Scholarship@WashULaw
The Essays in this volume seek to shed some light on the politics of identity after the 2008 Presidential election in which identity politics dominated. To explore how 2008 and its aftermath have shifted both academic and political debates, Professor Adrienne Davis invited scholars from a variety of disciplines who embrace diverse methodologies—political theory; cultural studies; history; and law. These authors explore identity politics as a field of academic inquiry; a cultural discourse; a legal claim; a negotiation of institutions and power; and a predicate for political alliances. Collectively, the Articles both develop new frameworks and intervene in old ones …
Three Snapshots Of Scholarly Engagement: Catharine Mackinnon’S Ethical Entrenchment, Transformative Politics, And Personal Commitment,
2010
Washington University in St. Louis School of Law
Three Snapshots Of Scholarly Engagement: Catharine Mackinnon’S Ethical Entrenchment, Transformative Politics, And Personal Commitment, Adrienne D. Davis
Scholarship@WashULaw
One of Catharine MacKinnon's germinal works calls attention to the political effects of modifiers. So, I was intrigued by the modifier of the conference panel that sparked this essay, the "engaged" scholar. I was struck by the quite distinct connotations invoked by this modifier. Of course there is the use I believe was envisioned by the plenary organizers as characterizing Professor MacKinnon's stunning body of legal work: engaged as in connected to something, seriously paying attention to consequences, rigorous and sustained involvement with a subject. Yet there are other connotations of engaged that I think are also helpful in understanding …
Film Review: Masculinity & Interracial Intimacy In 'Star Trek' And 'Gran Torino',
2010
Washington University in St Louis School of Law
Film Review: Masculinity & Interracial Intimacy In 'Star Trek' And 'Gran Torino', Adrienne D. Davis
Scholarship@WashULaw
Race has long been a central object of political reflection. The salience of racial difference remains hotly debated, figuring in both “utopian” and “dystopian” visions of America’s political future. If race is a primary configuration of “difference” and inequality in the nation, then intimacy between the races is often construed as either a bellwether of equality and political utopia or a re-inscribing of political dominance, typically represented as sexual predation by men against women. Quite expectedly, these political fantasies and fears are often played out at the multiplex, and we can see them in stark relief in two recent films …
Race, Sex And Genes At Work: Uncovering The Lessons Of Norman-Bloodsaw,
2010
Saint Louis University School of Law
Race, Sex And Genes At Work: Uncovering The Lessons Of Norman-Bloodsaw, Elizabeth Pendo
All Faculty Scholarship
The Genetic Information Nondiscrimination Act of 2008 (“GINA”) is the first federal, uniform protection against the use of genetic information in both the workplace and health insurance. Signed into law on May 21, 2008, GINA prohibits an employer or health insurer from acquiring or using an individual’s genetic information, with some exceptions. One of the goals of GINA is to eradicate actual, or perceived, discrimination based on genetic information in the workplace and in health insurance. Although the threat of genetic discrimination is often discussed in universal terms - as something that could happen to any of us - the …
Body And Soul: Equality, Pregnancy, And The Unitary Right To Abortion,
2010
University of Colorado Law School
Body And Soul: Equality, Pregnancy, And The Unitary Right To Abortion, Jennifer S. Hendricks
Publications
This Article explores equality-based arguments for abortion rights, revealing both their necessity and their pitfalls. It first uses the narrowness of the "health exception" to abortion regulations to demonstrate why equality arguments are needed--namely because our legal tradition's conception of liberty is based on male experience, no theory of basic human rights grounded in women's reproductive experiences has developed. Next, however, the Article shows that equality arguments, although necessary, can undermine women's reproductive freedom by requiring that pregnancy and abortion be analogized to male experiences. As a result, equality arguments focus on either the bodily or the social aspect of …
Inter-American System,
2010
American University Washington College of Law
Inter-American System, Diego Rodriguez-Pinzon
Scholarly Articles in Law Reviews & Journals
No abstract provided.
