Law Commons^™

Moral Limits On Morals Legislation: Lessons For U.S. Constitutional Law From The Declaration On Religious Freedom, Gregory A. Kalscheur S.J.

Gregory A. Kalscheur, S.J.

A persistent American confusion regarding the proper relationship between law and morality is manifest in the opinions in Lawrence v. Texas. The Second Vatican Council’s Declaration on Religious Freedom provides the foundation for an analytical framework that can bring clarity to that confusion. The heart of this framework is the moral concept of public order. This concept offers a principled explanation of both the holding in Lawrence and the limitations the Court placed on that holding. The Court could clarify the confusion manifest in Lawrence by explicitly acknowledging that a state interest only becomes legitimate for purposes of rational basis …

Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller

Elisabeth Keller

Surveys of college students in the United States revealed that a significant number of students thought they had been victims of some form of sexual harassment. Growing awareness of the magnitude, dimensions, and effects of sexual harassment at educational institutions and the potential for institutional liability have prompted educators to adopt policies to avert such problems. The policies typically prohibit sexual harassment of employees and students and alert the university community to the serious effects of sexual harassment and the potential for student exploitation. Some universities have gone beyond establishing regulations directed at widely litigated problems of sexual harassment and …

Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller

Elisabeth Keller

Surveys of college students in the United States revealed that a significant number of students thought they had been victims of some form of sexual harassment. Growing awareness of the magnitude, dimensions, and effects of sexual harassment at educational institutions and the potential for institutional liability have prompted educators to adopt policies to avert such problems. The policies typically prohibit sexual harassment of employees and students and alert the university community to the serious effects of sexual harassment and the potential for student exploitation. Some universities have gone beyond establishing regulations directed at widely litigated problems of sexual harassment and …

Hidden In Plain Sight: Achieving More Just Results In Hostile Work Environment Sexual Harassment Cases By Re-Examining Supreme Court Precedent, Elisabeth A. Keller, Judith B. Tracy

Elisabeth Keller

Lower federal courts often fail to provide plaintiffs in sexual harassment cases the relief intended by Title VII of the Civil Rights of 1964 and mandated by the Supreme Court when it recognized the cause of action twenty years ago. There is little doubt that sexual harassment in the workplace persists. However, lower courts misapply or ignore Supreme Court reasoning that would result in fairer and more consistent dispositions in hostile work environment sexual harassment cases. This article draws directly on reasoning from the Supreme Court cases to explain the sources of the confusion in the lower courts and offers …

Hidden In Plain Sight: Achieving More Just Results In Hostile Work Environment Sexual Harassment Cases By Re-Examining Supreme Court Precedent, Elisabeth A. Keller, Judith B. Tracy

Elisabeth Keller

Lower federal courts often fail to provide plaintiffs in sexual harassment cases the relief intended by Title VII of the Civil Rights of 1964 and mandated by the Supreme Court when it recognized the cause of action twenty years ago. There is little doubt that sexual harassment in the workplace persists. However, lower courts misapply or ignore Supreme Court reasoning that would result in fairer and more consistent dispositions in hostile work environment sexual harassment cases. This article draws directly on reasoning from the Supreme Court cases to explain the sources of the confusion in the lower courts and offers …

Emerging Models For Alternatives To Marriage, Sanford N. Katz

Sanford N. Katz

Perhaps one of the most important changes in family law in the past thirty years has been the inclusion of certain kinds of friendships in the range of relationships from which rights and responsibilities can flow. Domestic partnership laws, a phenomenon of the 1990s, may be seen as a natural development from the judicial recognition of contract cohabitation and the legislative and judicial response to same-sex couples who, unable to meet statutory requirements for marriage, have sought official recognition of their relationships. This essay discusses an aspect of certain kinds of domestic partnership laws-their formal requirements and the extent to …

New Directions For Family Law In The United States, Sanford N. Katz

Sanford N. Katz

This article provides a survey of one major development in family law in the United States that has occurred during the most recent past. This development is the change that has occurred in marriage-like relationships. The article begins with a discussion of contract cohabitation and the extent to which it reflected a change from traditional views of formal or informal marriage as the only legally acceptable model for adults who desired to live together. It shows how contract cohabitation laid the groundwork for the establishment of domestic partnership laws. These laws were first adopted by municipalities and then by states …

Hidden In Plain Sight: Achieving More Just Results In Hostile Work Environment Sexual Harassment Cases By Re-Examining Supreme Court Precedent, Elisabeth A. Keller, Judith B. Tracy

Judith B. Tracy

Lower federal courts often fail to provide plaintiffs in sexual harassment cases the relief intended by Title VII of the Civil Rights of 1964 and mandated by the Supreme Court when it recognized the cause of action twenty years ago. There is little doubt that sexual harassment in the workplace persists. However, lower courts misapply or ignore Supreme Court reasoning that would result in fairer and more consistent dispositions in hostile work environment sexual harassment cases. This article draws directly on reasoning from the Supreme Court cases to explain the sources of the confusion in the lower courts and offers …

The Central American Constitutional Identity. A Study Of The Constitutional Imitation Phenomenon In The Integration Process Of The Region, Prof. Michele Carducci

Michele Carducci Prof.

No abstract provided.

They're Mainstreaming Pedophilia, Judith A. Reisman Phd

Judith A. Reisman

No abstract provided.

From Stonewall To The Suburbs? Toward A Political Economy Of Sexuality, Angela P. Harris

Angela P Harris

No abstract provided.

Is “Transnational” Constitutional Law Possible?, Prof. Michele Carducci

Michele Carducci Prof.

No abstract provided.

Derecho Y Diversidad Sexual: Concretando La Universalidad De Los Derechos. Principales Hallazgos Del Informe Anual De Derechos Humanos De Personas Trans, Lesbianas, Gays Y Bisexuales En El Perú 2010., Beatriz Ramirez, Soledad Arriagada

Beatriz Ramirez

No abstract provided.

Classroom Prostitution For Fun And Profit?, Judith A. Reisman Phd

Judith A. Reisman

No abstract provided.

Prosecute 'Planned Promiscuity'!, Judith A. Reisman Phd

Judith A. Reisman

No abstract provided.

La Protección Al Consumidor En Casos De Discriminación Por Orientación Sexual Y El Estándar De Prueba Impuesto Por Indecopi Y Legitimado Por El Poder Judicial., Beatriz Ramirez, Jeannette Llaja

Beatriz Ramirez

El presente artículo analiza el estándar de prueba que exige INDECOPI y el Poder Judicial a un consumidor que denuncia discriminación. Para ello analiza el proceso administrativo y el posterior proceso judicial contencioso administrativo generados a partir de la denuncia presentada por el señor Chrisstian Manuel Olivera Fuentes contra Supermercados Peruanos S.A. por actos de discriminación por su orientación sexual. La hipótesis a confirmar es que INDECOPI ha construido un estándar de probanza, aplicando criterios de valoración probatoria, que contradicen el artículo 65 de la Constitución vigente así como el principio pro consumidor reconocido en el artículo V del Código …

El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Protección Del/A Consumidor/A Y Prueba En Los Casos De Discriminación: Una Agenda Pendiente., Beatriz Ramirez, Jeannette Llaja

Beatriz Ramirez

Cognitive Dissonance In A Recession: Minnesota Gop Attacks Marriage Equality In Land Of "Gayest City In America", Aaron J. Shuler

Aaron J Shuler

Despite a tradition of progressive thinking on civil rights and recent specific gains for gays in Minnesota, the State's Republican party is trying to place an anti-marriage equality amendment on the 2012 ballot.

A Modest Proposal: To Deport The Children Of Gay Citizens, & Etc: Immigration Law, The Defense Of Marriage Act And The Children Of Same-Sex Couples, Scott Titshaw

Scott Titshaw

The Defense of Marriage Act (DOMA), which defines the terms “marriage” and “spouse” for federal purposes, clearly prevents the recognition of same-sex spouses under U.S. immigration law. Unless judges and immigration officials are careful to limit it as Congress intended, DOMA might also have a tragic unintended effect on some parent-child relationships. The Immigration and Nationality Act (INA) employs terms like “born in wedlock” and “stepparent” to define parent-child relationships for various immigration and citizenship purposes. One could argue, therefore, that DOMA prevents INA recognition of parent-child relationships stemming from a same-sex marriage. These relationships determine whether a person can …

Section 5 Of The Voting Rights Act And Its Place In Post-Racial America, Enbar Toledano

Enbar Toledano

The Fifteenth Amendment purported to withdraw race and color from the calculus of suffrage. Instead, it gave rise to an era of creative exclusion in which Southern states erected one barrier after another and Congress floundered in its attempts to secure the black vote it had promised. After ninety-five years, progress at last seemed possible with the introduction of the Voting Rights Act of 1965 (VRA), an echo of the Fifteenth Amendment fitted with shiny, new teeth. Section 5 of the VRA reversed the inertia of discrimination by requiring states with a demonstrated history of employing disfranchising voting practices to …

Predators And Propensity: The Proper Approach For Determining The Admissibility Of Prior Bad Acts Evidence In Child Sexual Abuse Prosecutions, Basyle Tchividjian

Basyle Tchividjian

The admissibility of prior bad act evidence in child sexual abuse prosecutions oftentimes makes the difference between a guilty and not guilty verdict. Recently, jurisdictions have growingly embraced the admission of such evidence for the purpose of establishing the defendant’s propensity to sexually victimize children. Due to the potentially high prejudicial effect of admitting propensity evidence, it is more critical than ever that courts carefully apply the decisive evidentiary gatekeeper, the probative value balancing test of Federal Rule of Evidence 403 and its state equivalents. Over the years, courts and legislators have attempted to develop analytical frameworks to be used …

Interview With Professor Martha Albertson Fineman, Linnéa Wegerstad, Niklas Selberg

Linnéa Wegerstad

No abstract provided.

Sex And Hiv Disclosure, Aziza Ahmed, Beri Hull

Aziza Ahmed

No abstract provided.

The Value Of Critique And Distributive Analysis To Addressing The Needs Of Sex Workers In The Context Of Hiv: A Response To Libby Adler’S “Gay Rights And Lefts”, Aziza Ahmed

Aziza Ahmed

No abstract provided.

Nordisk Workshop I Straffrätt, Helsingfors 2011, Linnéa Wegerstad

Linnéa Wegerstad

Sexualbrottens sexualitet: Hur konstrueras ett ofredande?

Cloning And The Lgbti Family: Cautious Optimism, Erez Aloni

Erez Aloni

While fertile, opposite-sex couples can have children who carry a mix of their genes without involving third parties in the reproductive process, this option is not available to the majority of the LGBTI community. If this were simply a biological fact, it would not raise any equal protection or other constitutional issues. However, emerging technologies in the field of reproductive cloning may offer the LGBTI community the chance to have genetically related children—possibly even with a mix of both partners’ genes. As such, bans on federally funding research that would help to refine and ensure the safety and efficacy of …

Safe Schools: The Threat From Within?, Donn Short

Donn Short

Safe school policies in many urban schools in Ontario have featured security guards, electronic surveillance, student identification tags, discipline, and zero tolerance. In 2000, the Ontario Ministry of Education passed the Safe Schools Act, which set out a list of offences that could trigger expulsion, suspension, and other disciplinary responses. Interestingly, it did not define safety. In a parallel move, the Toronto District School Board (TDSB) adopted The Equity Foundation Statement in 1999 – a comprehensive commitment to equity and a rally against racism, homophobia, sexism, and oppression based on class. This article explores the disconnect between students’ and teachers’ …

Alternatives To Criminalization Of Hiv Transmission And Exposure, Aziza Ahmed

Aziza Ahmed

No abstract provided.

Requirements Of A Valid Islamic Marriage Vis-À-Vis Requirements Of A Valid Customary Marriage In Nigeria, Olanike Sekinat Odewale Mrs

Olanike Sekinat Adelakun