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- American University Journal of Gender, Social Policy & the Law (9)
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- Brigham Young University Education and Law Journal (1)
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Articles 1 - 30 of 39
Full-Text Articles in Law
Has The Supreme Court Created A Constitutional Shield For Private Discrimination Against Homosexuals - A Look At The Future Remifications Of Boy Scouts Of America V. Dale, Erica L. Stringer
Has The Supreme Court Created A Constitutional Shield For Private Discrimination Against Homosexuals - A Look At The Future Remifications Of Boy Scouts Of America V. Dale, Erica L. Stringer
West Virginia Law Review
No abstract provided.
Celibacy, Sexual Exclusivity, And Illicit Drug Abstinence: Giving Up The Life As Taboo In Aids Prevention, Ibpp Editor
Celibacy, Sexual Exclusivity, And Illicit Drug Abstinence: Giving Up The Life As Taboo In Aids Prevention, Ibpp Editor
International Bulletin of Political Psychology
This article highlights social cognitions that seem to impede cost-effective approaches to AIDS prevention.
Finding Gold In The Rainbow Rights Movement, Shayna S. Cook
Finding Gold In The Rainbow Rights Movement, Shayna S. Cook
Michigan Law Review
In her history of the past fifty years of the gay and lesbian civil rights movement, Patricia Cain recounts the litigation successes and failures that contributed to the legal status of gays and lesbians in the Untied States today. Clearly an insider who has marched with the movement every step of the way, Cain provides a comprehensive account of all fronts of the battle in state and federal courts since 1950. But while Rainbow Rights serves as a good primer on the legal challenges and the key themes uniting them, the book reads like an account of a struggle ending …
Science Gone Astray: Evolution And Rape, Elisabeth A. Lloyd
Science Gone Astray: Evolution And Rape, Elisabeth A. Lloyd
Michigan Law Review
Throughout A Natural History of Rape, coauthors Randy Thomhill and Craig Palmer resort to what is known among philosophers of science as "The Galileo Defense," which amounts to the following claim: I am telling the Truth and doing excellent science, but because of ideology and ignorance, I am being persecuted. The authors have repeated and elaborated upon this defense during the si:lable media flurry accompanying the book's publication in February 2000. Now, history has accepted this defense from Galileo. But in order for it to work for Thornhill and Palmer, of course, they must be telling the Truth and doing …
A Conservative Defense Of Romer V. Evans, Dale Carpenter
A Conservative Defense Of Romer V. Evans, Dale Carpenter
Indiana Law Journal
No abstract provided.
Future Incorporation Of The U.N. Convention On The Rights Of Children Into The United States Education System: Case Study Of Ohio Department Of Education And Sex Education Battle, Alysson Russell
Brigham Young University Education and Law Journal
No abstract provided.
"A Lawyer Class": Views On Marriage And "Sexual Orientation" In The Legal Profession, William C. Duncan
"A Lawyer Class": Views On Marriage And "Sexual Orientation" In The Legal Profession, William C. Duncan
Brigham Young University Journal of Public Law
No abstract provided.
Politics, Gay Rights And The Light At The End Of The Rainbow, Mary Lafrance
Politics, Gay Rights And The Light At The End Of The Rainbow, Mary Lafrance
Nevada Law Journal
No abstract provided.
Sexual Orientation And International Law: A Study In The Manufacture Of Cross-Cultural "Sensitivity", Eric Heinze
Sexual Orientation And International Law: A Study In The Manufacture Of Cross-Cultural "Sensitivity", Eric Heinze
Michigan Journal of International Law
Interest groups advocating rights of sexual minorities have been lobbying international organizations for years without success. A standard explanation for that failure is that human sexuality is something complex, even mysterious, which requires that international organizations proceed with special caution. In this essay, it will be argued that such an explanation amounts to a self-fulfilling prophecy. Sexual orientation is neither more nor less complex than many other issues, such as race, ethnicity, religion or gender, which have nevertheless found wide recognition within leading intergovernmental organizations. It is not because sexual orientation is uniquely complex or mysterious that it is barred …
A Family Affair: Constitutional And Prudential Interests Implicated When Homosexuals Seek To Preserve Or Create Parent-Child Relationships, Kif Skidmore
Kentucky Law Journal
No abstract provided.
Brief For The Plaintiff-Appellant Lucas Rosa In The United States Court Of Appeals For The First Circuit Lucas Rosa V. Park West Bank And Trust Company On Appeal From The United States District Court For The District Of Massachusetts, Jennifer L. Levi, Mary L. Bonauto
Brief For The Plaintiff-Appellant Lucas Rosa In The United States Court Of Appeals For The First Circuit Lucas Rosa V. Park West Bank And Trust Company On Appeal From The United States District Court For The District Of Massachusetts, Jennifer L. Levi, Mary L. Bonauto
Michigan Journal of Gender & Law
The District Court fundamentally misconceived the law as applicable to the Plaintiffs claim by concluding that there may be no relationship, as a matter of law, between telling a bank customer what to wear and sex discrimination. It also misapplied Rule 12(b)(6) to the extent that it resolved any factual questions beyond the allegations of the Complaint regarding the basis of the Bank's different treatment of the Plaintiff. Finally, because the District Court incorrectly dismissed the single federal claim in Plaintiffs Complaint, it improperly dismissed Plaintiffs pendant state claims for want of federal court jurisdiction.
Amicus Curiae Brief Of Now Legal Defense And Education Fund And Equal Rights Advocates In Support Of Plaintiff-Appellant And In Support Of Reversal In The United States Court Of Appeals For The First Curcuit Lucas Rosa V. Park West Bank And Trust Company On Appeal From The United States District Court For The District Of Massachusetts, Katherine M. Franke
Michigan Journal of Gender & Law
By dismissing the plaintiffs complaint under the Equal Credit Opportunity Act ("ECOA") on the ground that "the issue in this case is not [Rosa's] sex, but rather how he chose to dress when applying for a loan" (Bench Order at 1), the lower court erroneously established that there are no set of facts in which clothing-based sex stereotyping can form the basis of a legitimate claim of sex discrimination in access to credit. This view of the meaning and scope of the ECOA runs contrary to well-established Supreme Court precedent which prohibits, inter alia, the adverse treatment of a …
Lucas Rosa V. Park West Bank And Trust Company, Katherine M. Franke
Lucas Rosa V. Park West Bank And Trust Company, Katherine M. Franke
Michigan Journal of Gender & Law
In July of 1998 something rather mundane happened: Lucas Rosa walked into Park West Bank in Holyoke, Massachusetts and asked for a loan application. Since it was a warm summer day, and because she wanted to look credit-worthy, Rosa wore a blousey top over stockings. Suddenly, the mundane transformed into the exceptional: When asked for some identification, Rosa was told that no application would be forthcoming until and unless she went home, changed her clothes and returned attired in more traditionally masculine/male clothing. Rosa, a biological male who identifies herself as female was, it seems, denied a loan application on …
Epilogue, Jennifer L. Levi
Epilogue, Jennifer L. Levi
Michigan Journal of Gender & Law
The First Circuit reversed the district court's order dismissing Lucas Rosa's claim against Park West Bank. The appeals court's reversal seems to be part of an emerging nationwide rejection of cases from the 1970s and 1980s in which courts summarily dismissed sex discrimination claims brought by transgender plaintiffs, no matter how squarely the facts appeared to present a clear-cut case of discrimination based on sex. Creating what appeared to be a "transgender" exception to sex discrimination law, those earlier courts ignored what the First Circuit recognized here-that a bank officer who tells an applicant to go home, change, and return …
Law, Self-Pollution, And The Management Of Social Anxiety, Geoffrey P. Miller
Law, Self-Pollution, And The Management Of Social Anxiety, Geoffrey P. Miller
Michigan Journal of Gender & Law
This article considers the anxieties about masturbation and spermatorrhoea from the standpoint of cultural-legal analysis. Seen from this perspective, the worries about masturbation provided an object onto which social anxieties could be displaced and thereby managed. Norm entrepreneurs who played on public fears manipulated basic cultural polarities in order to present masturbation and spermatorrhoea as objects of horror and disgust-things that needed to be expelled, if possible, from the body social.
The G.I.F.T. Of Two Biological And Legal Mothers, Ryiah Lilith
The G.I.F.T. Of Two Biological And Legal Mothers, Ryiah Lilith
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Low-Life-Sleazy-Big-Haired-Trailer-Park Girl V. The President: The Paula Jones Case And The Law Of Sexual Harassment , Barbara Palmer, Judith Baer, Amy Jasperson, Jacqueline Delaat
Low-Life-Sleazy-Big-Haired-Trailer-Park Girl V. The President: The Paula Jones Case And The Law Of Sexual Harassment , Barbara Palmer, Judith Baer, Amy Jasperson, Jacqueline Delaat
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Europe Enters A New Millennium With Gays In The Military While The United States Drowns In Don't Ask, Don't Tell: Twin Decisions By The European Court Of Human Rights , Scott Morris
American University Journal of Gender, Social Policy & the Law
No abstract provided.
United States V. Morrison 529 U.S. 598 (2000), Ambre Howard
United States V. Morrison 529 U.S. 598 (2000), Ambre Howard
American University Journal of Gender, Social Policy & the Law
No abstract provided.
When Is An Attempted Rape Not An Attempted Rape? When The Victim Is A Transsexual - Schwenk V. Hartford: The Intersection Of Prison Rape, Title Vii And Societal Willingness To Dehumanize Transsexuals, Katrina C. Rose
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Identity Crisis: "Intersectionality," "Multidimensionality," And The Development Of An Adequate Theory Of Subordination, Darren Lenard Hutchinson
Identity Crisis: "Intersectionality," "Multidimensionality," And The Development Of An Adequate Theory Of Subordination, Darren Lenard Hutchinson
Michigan Journal of Race and Law
This Article arises out of the intersectionality and post-intersectionality literature and makes a case against the essentialist considerations that informed the Human Rights Campaign's endorsement of United States Senator Alfonse D'Amato. Part I discusses the pitfalls that occur when scholars and activists engage in essentialist politics and treat identities and forms of subordination as conflicting forces. Part II examines how essentialism negatively affects legal theory in the equality context. Part III considers the historical motivation for and the efficacy of the "intersectionality" response to the problem of essentialism. Part III also extensively analyzes the "multidimensional" critiques of essentialism offered by …
"Partial Birth" Abortion And The Health Exception: Protecting Maternal Health Or Risking Abortion On Demand?, Gail Glidewell
"Partial Birth" Abortion And The Health Exception: Protecting Maternal Health Or Risking Abortion On Demand?, Gail Glidewell
Fordham Urban Law Journal
This note, which analyzes the central role of women's health in the debate over the limits of abortion rights, explores the implications of the Supreme Court's decision in Stenberg v. Carhart to invalidate a Nebraska statute banning partial birth abortion. Specifically, this note questions whether the Court's decision in Stenberg effectively requires that all future statutes banning partial birth abortion contain an exception for instances in which abortions are medically necessary to protect the health of the woman, and how such a requirement might be structured. The author answers the question in the affirmative, and argues that while broader exceptions …
Schwenk And The Ambiguity In Federal "Sex" Discrimination Jurisprudence: Defining Sex Discrimination Dynamically Under Title Vii, Masako Kanazawa
Schwenk And The Ambiguity In Federal "Sex" Discrimination Jurisprudence: Defining Sex Discrimination Dynamically Under Title Vii, Masako Kanazawa
Seattle University Law Review
This Note examines a new development in federal Title VII sex discrimination jurisprudence specifically in the context of transsexual and homosexual plaintiffs, describing the courts' gradual shift away from formalism towards a more realistic approach in this area. Part II begins by examining the anatomical sex rule established by the three major pre-Schwenk decisions categorically rejecting transsexuals' Title VII claims. This section then considers the two subsequent Supreme Court decisions, Price Waterhouse and Oncale, and the Ninth Circuit's Schwenk opinion. Part II concludes that the Schwenk court correctly read Price Waterhouse and Oncale as mandating a departure from …
Twelve Years After Price Waterhouse And Still No Success For Hopkins In Drag: The Lack Of Protection For The Male Victim Of Gender Stereotyping Under Title Vii, Stephen J. Nathans
Twelve Years After Price Waterhouse And Still No Success For Hopkins In Drag: The Lack Of Protection For The Male Victim Of Gender Stereotyping Under Title Vii, Stephen J. Nathans
Villanova Law Review
No abstract provided.
Constitutional Classifications And The Gay Gene, Susan Becker
Constitutional Classifications And The Gay Gene, Susan Becker
Journal of Law and Health
What I am going to talk about is the use of genetic information to classify individuals for purposes of the law, and more specifically, the impact of the so-called "gay gene" on legal classifications. What is really important here, and the reason I need to offer you a primer on constitutional law, is so that we all start on the same page by understanding how our laws, starting with the federal constitution, classify people for the purpose of bestowing or denying rights and benefits. This leads us to an understanding of why people object to various classifications, and an appreciation …
Boy Scouts Of America V. Dale 530 U.S. 640 (2000), Dennis Amari
Boy Scouts Of America V. Dale 530 U.S. 640 (2000), Dennis Amari
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Intrastate Ethnic Conflicts And International Law: How The Rise Of Intrastate Ethnic Conflicts Has Rendered International Human Rights Laws Ineffective, Especially Regarding Sex-Based Crimes , Karina Michael Waller
Intrastate Ethnic Conflicts And International Law: How The Rise Of Intrastate Ethnic Conflicts Has Rendered International Human Rights Laws Ineffective, Especially Regarding Sex-Based Crimes , Karina Michael Waller
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Children Of Homosexual Parents: The Voices The Courts Have Yet To Hear. , Eileen P. Huff
The Children Of Homosexual Parents: The Voices The Courts Have Yet To Hear. , Eileen P. Huff
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Optional Protocols To The Un Convention On The Rights Of The Child On Sex Trafficking And Child Soldiers, Cris R. Revaz
The Optional Protocols To The Un Convention On The Rights Of The Child On Sex Trafficking And Child Soldiers, Cris R. Revaz
Human Rights Brief
No abstract provided.
Surveying Gender Bias At One Midwestern Law School, Lisa A. Wilson, David H. Taylor
Surveying Gender Bias At One Midwestern Law School, Lisa A. Wilson, David H. Taylor
American University Journal of Gender, Social Policy & the Law
No abstract provided.