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Articles 1 - 30 of 144
Full-Text Articles in Law
Are You Wo(Man) Enough To Get Married?, Tiurma M. P. Allagan
Are You Wo(Man) Enough To Get Married?, Tiurma M. P. Allagan
Indonesia Law Review
The Indonesian Marriage Law states that marriage is a physical and spiritual relationship between a man and a woman as husband and wife in order to create an eternal happy family based on the Almighty God. This definition reflects that marriages in Indonesia must be between heterosexual couples. However, a question appears as to whether a man or a woman mentioned thereof includes a man and a woman who were hermaphrodite, intersex, or nowadays known as a person with Disorder of Sexual Development (DSD)? The case of AH whereby his marriage was cancelled by the Supreme Court in 2014 for …
Fighting Back Against Revenge Porn: A Legislative Solution, Alex Jacobs
Fighting Back Against Revenge Porn: A Legislative Solution, Alex Jacobs
Northwestern Journal of Law & Social Policy
No abstract provided.
Sexual Violence As The Language Of Border Control: Protecting Exceptional Difference, Miriam Ticktin
Sexual Violence As The Language Of Border Control: Protecting Exceptional Difference, Miriam Ticktin
Publications and Research
When I first arrived in the Paris region in 1999 to do research on the struggle by undocumented immigrants (les sans papiers) for basic human rights, discussions of violence against women were remarkably absent from the public arena. Nongovernmental organizations and researchers had begun to broach the topic, but with little public visibility. However, this changed in late 2000, with a media explosion on the issue of les tournantes, or the gang rapes committed in the banlieues of Paris. Such tournantes involve boys »taking turns« with their friends’ girlfriends, both parties usually being of Maghrebian or North …
Reproduction Reconceived, Courtney Megan Cahill
Reproduction Reconceived, Courtney Megan Cahill
Scholarly Publications
No abstract provided.
The Dynamic Relationship Between Freedom Of Speech And Equality, Timothy Zick
The Dynamic Relationship Between Freedom Of Speech And Equality, Timothy Zick
Faculty Publications
This Article examines the dynamic intersection between freedom of speech and equal protection, with a particular focus on the race and LGBT equality movements. Unlike other works on expression and/or equality, the Article emphasizes the relational and bi-directional connections between freedom of speech and equal protection. Freedom of speech has played a critical role in terms of advancing constitutional equality. However, with regard to both race and LGBT equality, free speech rights also failed in important respects to facilitate equality claims and movements. Advocacy and agitation on behalf of equality rights have also left indelible positive and negative marks on …
Pulse: Finding Meaning In A Massacre Through Gay Latinx Intersectional Justice, Judith E. Koons
Pulse: Finding Meaning In A Massacre Through Gay Latinx Intersectional Justice, Judith E. Koons
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Exploring The Conflicts Within Carceral Feminism: A Call To Revocalize The Women Who Continue To Suffer, Krishna De La Cruz
Exploring The Conflicts Within Carceral Feminism: A Call To Revocalize The Women Who Continue To Suffer, Krishna De La Cruz
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
When Giving Birth Becomes A Liability: The Intersection Of Reproductive Oppression And The Motherhood Wage Penalty For Latinas In Texas, Dania Y. Pulido
When Giving Birth Becomes A Liability: The Intersection Of Reproductive Oppression And The Motherhood Wage Penalty For Latinas In Texas, Dania Y. Pulido
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Why Kim Davis Is Being Sued To Pay Gay, Straight Couples' Legal Fees, David Laconangelo
Why Kim Davis Is Being Sued To Pay Gay, Straight Couples' Legal Fees, David Laconangelo
Media Collection
No abstract provided.
The Origins Of The Transgender Phenomenon: The Challenge And Opportunity For Training Lawyers, Judges And Policy Makers In The Historicity Of Alfred Kinsey’S Pansexual Worldview, Judith Reisman
Faculty Publications and Presentations
How has the country gone from a “firm reliance on the protection of Divine Providence” to where defining marriage as the union of one man and one woman is condemned as constitutionally irrational,and where the use of sex-separate private spaces by biological sex is subject to federal discrimination lawsuits?The answer can be traced to 1948 when Dr. Alfred C. Kinsey launched what was marketed then--and now--as the first “scientific” study of human sexuality.Indeed, Chief Judge of the Seventh Circuit Court of Appeals, Richard Posner extols Kinsey’s study as the “high-water mark of descriptive sexology.”Influential law professors such as Columbia University’s …
The Evolution Of Family Law: Changing The Rules Or Changing The Game, Carlos Martinez De Aguirre
The Evolution Of Family Law: Changing The Rules Or Changing The Game, Carlos Martinez De Aguirre
Brigham Young University Journal of Public Law
No abstract provided.
Punishing Sexual Fantasy, Andrew Gilden
Punishing Sexual Fantasy, Andrew Gilden
William & Mary Law Review
The Internet has created unprecedented opportunities for adults and teenagers to explore their sexual identities, but it has also created new ways for the law to monitor and punish a diverse range of taboo sexual communication. A young mother loses custody of her two children due to sexually explicit Facebook conversations. A teenager is prosecuted for child pornography crimes after sending a naked selfie to her teenage boyfriend. An NYPD officer is convicted for conspiracy to kidnap several women based on conversations he had on a “dark fetish” fantasy website. In each of these cases, online sexual exploration and fantasy …
The Development Of The Issue Of Same-Sex Couples Under Israeli Law, Yitshak Cohen
The Development Of The Issue Of Same-Sex Couples Under Israeli Law, Yitshak Cohen
Brigham Young University Journal of Public Law
No abstract provided.
Regulating Marriage In A New Environment, Carmen Garcimartin
Regulating Marriage In A New Environment, Carmen Garcimartin
Brigham Young University Journal of Public Law
No abstract provided.
The Impact Of Obergefell: Traditional Marriage's New Lease On Life, David Pimentel
The Impact Of Obergefell: Traditional Marriage's New Lease On Life, David Pimentel
Brigham Young University Journal of Public Law
No abstract provided.
Assessing The History Of Exaggerated Estimates Of The Number Of Children Being Raised By Same-Sex Parents As Reported In Both Legal And Social Science Sources, Walter R. Schumm, Martin Seay, Keondria Mcclish, Keisha Clark, Abdulla Asiri, Nadyah Abdullah, Shuyi Huang
Assessing The History Of Exaggerated Estimates Of The Number Of Children Being Raised By Same-Sex Parents As Reported In Both Legal And Social Science Sources, Walter R. Schumm, Martin Seay, Keondria Mcclish, Keisha Clark, Abdulla Asiri, Nadyah Abdullah, Shuyi Huang
Brigham Young University Journal of Public Law
No abstract provided.
An International Perspective On Same-Sex Marriage Post Obergefell (And Some Thoughts On Legal Positivism As A Means Of Reconciliation): The Israeli Case, Avishalom Westreich
An International Perspective On Same-Sex Marriage Post Obergefell (And Some Thoughts On Legal Positivism As A Means Of Reconciliation): The Israeli Case, Avishalom Westreich
Brigham Young University Journal of Public Law
No abstract provided.
The Results Of Deliberation, Maggie Wittlin
The Results Of Deliberation, Maggie Wittlin
The University of New Hampshire Law Review
When evaluating whether to sue, prosecute, settle, or plead, trial lawyers must predict the future—they need to estimate how likely they are to win a given case in a given jurisdiction. Social scientists have used mock juror studies to produce a vast body of literature showing how different variables influence juror decision making. But few of these studies account for jury deliberation, so they present an impoverished picture of how these effects play out in trials and are of limited usefulness.
This Article helps lawyers better predict the future by presenting a novel computer model that extrapolates findings about jurors …
La Construcción Contra El Desarrollo: Dos Maneras Distintas De Entender La Gestación Humana, Richard Stith
La Construcción Contra El Desarrollo: Dos Maneras Distintas De Entender La Gestación Humana, Richard Stith
Law Faculty Publications
No abstract provided.
Homosexuality - A New Ground For Annulment?
Invalidity Of Marriage By Reason Of Sexual Anomalies, Charles J. Ritty, J.C.L.
Invalidity Of Marriage By Reason Of Sexual Anomalies, Charles J. Ritty, J.C.L.
The Catholic Lawyer
No abstract provided.
Sexual Offenses - Legal And Moral Considerations, S. Oley Cutler, S.J.
Sexual Offenses - Legal And Moral Considerations, S. Oley Cutler, S.J.
The Catholic Lawyer
No abstract provided.
Relationship Status? It's Complicated: Redefining Sexuality In The Workplace In Light Of Obergefell And The Eeoc, Patrick Bailey
Relationship Status? It's Complicated: Redefining Sexuality In The Workplace In Light Of Obergefell And The Eeoc, Patrick Bailey
Florida State University Law Review
No abstract provided.
A Free Speech Response To The Gay Rights/Religious Liberty Conflict, Andrew Koppelman
A Free Speech Response To The Gay Rights/Religious Liberty Conflict, Andrew Koppelman
Northwestern University Law Review
The most sensible reconciliation of the tension between religious liberty and public accommodations law, in the recent cases involving merchants with religious objections to same-sex marriage, would permit business owners to present their views to the world, but forbid them either to threaten to discriminate or to treat any individual customer worse than others. Even if such businesses have no statutory right to refuse to facilitate ceremonies they regard as immoral, they are unlikely to be asked to participate in those ceremonies. This solution may, however, be forbidden by the law of hostile environment harassment. That raises a severe free …
Retroactive Recognition Of Same-Sex Marriage For The Purposes Of The Confidential Marital Communications Privilege, Steven A. Young
Retroactive Recognition Of Same-Sex Marriage For The Purposes Of The Confidential Marital Communications Privilege, Steven A. Young
William & Mary Law Review
No abstract provided.
Reading Deboer And Obergefell Through The "Moral Readings Versus Originalisms" Debate: From Constitutional "Empty Cupboards" To Evolving Understandings, Linda C. Mcclain
Reading Deboer And Obergefell Through The "Moral Readings Versus Originalisms" Debate: From Constitutional "Empty Cupboards" To Evolving Understandings, Linda C. Mcclain
Faculty Scholarship
This article assesses the debate over “moral reading” and “originalist” approaches to constitutional interpretation by evaluating the momentous constitutional controversy in the United States over access by same-sex couples to civil marriage. Justice Kennedy’s landmark opinion in Obergefell v. Hodges (2015), which held that such couples have a fundamental right to marry, employed a “moral reading” in emphasizing dual forms of evolving understanding: of constitutional guarantees of equality and the “promise of liberty” and of the institution of marriage. By contrast to the dissenters, the majority rejected a static, narrow reading of the fundamental right to marry – and marriage …
Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr.
Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr.
Donna M. Hughes
Sexual Anomalies And The Law, John R. Cavanagh
Sexual Anomalies And The Law, John R. Cavanagh
The Catholic Lawyer
No abstract provided.
Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography, Cory L. Takeuchi
Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography, Cory L. Takeuchi
Georgia Journal of International & Comparative Law
No abstract provided.
Sovereignty Considerations And Social Change In The Wake Of India's Recent Sodomy Cases, Deepa Das Acevedo
Sovereignty Considerations And Social Change In The Wake Of India's Recent Sodomy Cases, Deepa Das Acevedo
All Faculty Scholarship
American constitutional law scholars have long questioned whether courts can really drive social reform, and this position remains largely unchallenged even in the wake of recent landmark decisions affecting the LGBT community. In contrast, court watchers in India — spurred by developments in a special type of legal action developed in the late 1970s known as “public interest litigation,” or “PIL” — have only recently begun questioning the judiciary’s ability to promote progressive social change. Indian scholarship on this point has veered between despair that PIL cases no longer reliably produce good outcomes for India’s most disadvantaged, and optimism that …