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Full-Text Articles in Law

Incapacitation Through Maiming: Chemical Castration, The Eighth Amendment, And The Denial Of Human Dignity, John F. Stinneford Dec 2014

Incapacitation Through Maiming: Chemical Castration, The Eighth Amendment, And The Denial Of Human Dignity, John F. Stinneford

John F. Stinneford

This year marks the tenth anniversary of California's enactment of the nation's first chemical castration law. This law requires certain sex offenders to receive, as part of their punishment, long-term pharmacological treatment involving massive doses of a synthetic female hormone called medroxyprogesterone acetate (MPA). MPA treatment is described as chemical castration because it mimics the effect of surgical castration by eliminating almost all testosterone from the offender's system. The intended effect of MPA treatment is to alter brain and body function by reducing the brain's exposure to testosterone, thus depriving offenders of most (or all) capacity to experience sexual desire …


Is Social Media A Human Right? Exploring The Scope Of Internet Rights, Brian Christopher Jones Nov 2014

Is Social Media A Human Right? Exploring The Scope Of Internet Rights, Brian Christopher Jones

Brian Christopher Jones

This article explores the basis for social media being recognised as a human right, how such services have come to be seen as both democracy-enabing and rights-infringing, and further examines social media's contentious relationship with authoritarian regimes.


Derecho A La Paz Y Derecho A La Guerra, Juan Carlos Riofrío Martínez-Villalba Oct 2014

Derecho A La Paz Y Derecho A La Guerra, Juan Carlos Riofrío Martínez-Villalba

Juan Carlos Riofrío Martínez-Villalba

No abstract provided.


The Future Of Polyamorous Marriage: Lessons From The Marriage Equality Struggle, Hadar Aviram, Gwendolyn Manriquez Leachman Aug 2014

The Future Of Polyamorous Marriage: Lessons From The Marriage Equality Struggle, Hadar Aviram, Gwendolyn Manriquez Leachman

Hadar Aviram

Amidst the recent legal victories and growing public support for same-sex marriage, numerous polyamorous individuals have expressed interest in pursuing legal recognition for marriages between more than two consenting adults. This Article explores the possibilities that exist for such a polyamorous marriage equality campaign, in light of the theoretical literature on law and social movements, as well as our own original and secondary research on polyamorous and LGBT communities. Among other issues, we examine the prospect of prioritizing the marriage struggle over other forms of nonmarital relationship recognition; pragmatic regulative challenges, like taxation, healthcare, and immigration; and how law and …


India: Supreme Court Recriminalises "Carnal Intercourse Against The Order Of Nature", Shubhankar Dam Mar 2014

India: Supreme Court Recriminalises "Carnal Intercourse Against The Order Of Nature", Shubhankar Dam

Shubhankar Dam

The Indian Penal Code, 1860 in s. 377 makes “carnal intercourse against the order of nature with any man, woman or animal” punishable with imprisonment for life. In Suresh Kumar Koushal and another v. NAZ Foundation and others, reversing a 2009 decision of the Delhi High Court, India's Supreme Court concluded that the provision is constitutionally valid. As a result, India now rejoins 76 other jurisdictions in criminalizing same-sex behavior. The decision is for the most part poorly written and insufficiently reasoned, and the four strands of arguments, individually and collectively, leave much to be desired. This comment for the …


Preventing Balkanization Or Facilitating Racial Domination: A Critique Of The New Equal Protection, Darren L. Hutchinson Mar 2014

Preventing Balkanization Or Facilitating Racial Domination: A Critique Of The New Equal Protection, Darren L. Hutchinson

Darren L Hutchinson

Abstract

Preventing Balkanization or Facilitating Racial Domination: A Critique of the

New Equal Protection

The Supreme Court requires that equal protection plaintiffs prove defendants acted with discriminatory intent. The intent rule has insulated from judicial invalidation numerous policies that harmfully impact racial and ethnic minorities. Court doctrine also mandates that state actors remain colorblind. The colorblindness doctrine has caused the Court to invalidate many policies that were designed to ameliorate the conditions of racial inequality. Taken together, these two equality doctrines facilitate racial domination. The Court justifies this outcome on the ground that the Constitution does not protect “group rights.” …