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Full-Text Articles in Law
Sex As A Team Sport: A Reaction To Hanna Rosin's The End Of Men, Libby Adler
Sex As A Team Sport: A Reaction To Hanna Rosin's The End Of Men, Libby Adler
Libby S. Adler
Surely any proclamation that the “End of Men” is upon us is an overstatement. The idea that men are over, at least insofar as they are defined by their economic superiority, is a notion with which to toy, not one to observe as an empirical truth, despite the tenor of empiricism that pervades both the essay and the book. Perhaps, though, we can derive some fresh value by stepping back and considering the framework Hanna Rosin constructs through her title and larger analysis: that of a transcultural, transhistorical match up – boys versus girls, brawn versus brains, gander versus goose …
Of Cheerios And Sequined Heels: A Response To Darren Rosenblum's "Unsex Mothering: Toward A Culture Of New Parenting", Libby Adler
Of Cheerios And Sequined Heels: A Response To Darren Rosenblum's "Unsex Mothering: Toward A Culture Of New Parenting", Libby Adler
Libby S. Adler
No abstract provided.
Gay Rights And Lefts: Rights Critique And Distributive Analysis For Real Law Reform, Libby Adler
Gay Rights And Lefts: Rights Critique And Distributive Analysis For Real Law Reform, Libby Adler
Libby S. Adler
For the last decade and more, the law reform agenda on behalf of sexual minorities in the United States has been dominated by the same-sex marriage campaign and, to a lesser extent, the repeal of Don’t Ask/Don’t Tell. Gay rights advocates for both equality-seeking efforts, while locked in battle with culture warriors from the right, also have been subject to protest and criticism from the left for their powerful normalizing impulses and identitarian rights-orientation. Gay rights advocates nonetheless have persevered in their quest for equality, scarcely acknowledging the criticism from queer and other non-mainstreaming or dissident voices, perhaps unable to …
T: Appending Transgender Equal Rights To Gay, Lesbian And Bisexual Equal Rights, Libby Adler
T: Appending Transgender Equal Rights To Gay, Lesbian And Bisexual Equal Rights, Libby Adler
Libby S. Adler
Advocates for transgender constituencies are making crucial choices right now about what kind of reformist tracks to lay for themselves. The appending of “T” to “LGB” suggests the likelihood of following in the steps of the mainstream advocates for the sexuality constituencies, one characterized by a quest for formal equality based on an assumed identity. This paper urges that transgender advocates consider fully the costs of this course before charging headlong in a direction that might at first hold obvious appeal. Such a course has had under-recognized costs for the sexuality-based constituencies and costs for transgender constituencies are already beginning …
The Gay Agenda, Libby Adler
The Gay Agenda, Libby Adler
Libby S. Adler
The Gay Agenda argues that the current gay rights agenda has been overly determined by the culture war and calls for a deliberate step outside of culture war discourse in order to see law reform possibilities that have largely been obscured. When anti-gay forces speak in terms of traditional family values, the paper observes, pro-gay rejoinders tend to come in the form of rights claims accompanied by rhetorical efforts to depict the gay family as morally indistinct from an idealized version of the heterosexual family (i.e., monogamous, bourgeois, and more about love than sex). These dual strategies of rights - …
The Dignity Of Sex, Libby Adler
The Dignity Of Sex, Libby Adler
Libby S. Adler
Dignity, for a long time, has stood for at least two broad ideas. The first idea is that all human beings have dignity innately. This idea has a theological incarnation, according to which human beings have dignity because they were created in the image of God, as well as a secular incarnation, according to which human beings have dignity because they have rationality. Dignity in its second usage derives from social rank. It distinguishes rather than equalizes us. This article reviews the concept of dignity historically, examines contemporary constitutional cases regarding sex from a few different national jurisdictions, and urges …
The Future Of Sodomy, Libby Adler
The Future Of Sodomy, Libby Adler
Libby S. Adler
This article is based on a talk given at the plenary session on Lawrence v. Texas at the 2003 Lavender Law Conference held at Fordham Law School. It takes its cue from Justice Holmes that law is about prediction, and scours Lawrence for indications about sodomy’s future. Specifically, what in Lawrence might benefit sex? What in Lawrence might confirm or disrupt hetero- and homosexual identities? This article celebrates Lawrence as a victory, but cautions against ignoring a handful of danger signs for sexual practices and categories.
An Essay On The Production Of Youth Prostitution, Libby Adler
An Essay On The Production Of Youth Prostitution, Libby Adler
Libby S. Adler
Youth prostitution is more multidimensional than one might guess from its most typical depictions. This essay is designed to raise the profile of some of its less prominent aspects – aspects which are not unknown exactly, but which are under-recognized and generally ignored in the context of legal analysis. Many of the most challenging dimensions of youth prostitution are eclipsed by an ideology which fails to grapple with the complexity of youth agency and the consequent position of youth in law. The result is that some kids are left inadequately served and others are utterly unknowable. My principal aim in …
A Short Essay On The Baring Of Breasts, Libby Adler
A Short Essay On The Baring Of Breasts, Libby Adler
Libby S. Adler
This brief essay strings together case law, literary material and pop culture all on the subject of women baring their breasts. By changing the angle on each incidence of breast baring, it demonstrates how the act of baring is amenable to multiple readings, all of which can be returned to enrich a relevant legal analysis.