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Articles 1 - 9 of 9
Full-Text Articles in Law
Oscar Wilde: Paradoxical Poster Child For Both Identify And Post-Identify, Martha M. Ertman
Oscar Wilde: Paradoxical Poster Child For Both Identify And Post-Identify, Martha M. Ertman
Martha M. Ertman
No abstract provided.
Bad Science Vs. Beautiful Babies, Judith A. Reisman Phd
Bad Science Vs. Beautiful Babies, Judith A. Reisman Phd
Judith A. Reisman
No abstract provided.
Same-Sex Marriage And Federalism, Nancy J. Knauer
Same-Sex Marriage And Federalism, Nancy J. Knauer
Nancy J. Knauer
The increasing willingness of states to recognize same-sex relationships illustrates the central theme of this Symposium: federalism provides states the freedom to experiment with novel solutions to pressing social issues. The development of progressive policies seems to bear out Justice Brandeis' optimistic vision of federalism where "a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country." With respect to same-sex relationships, however, state level reform efforts have not been uniformly progressive. To the contrary, the vast majority of these efforts prohibit the …
Happy Law Students, Happy Lawyers, Nancy Levit, Douglas Linder
Happy Law Students, Happy Lawyers, Nancy Levit, Douglas Linder
Nancy Levit
This article draws on research into the science of happiness and asks a series of interrelated questions: Whether law schools can make law students happier? Whether making happier law students will translate into making them happier lawyers, and the accompanying question of whether making law students happier would create better lawyers? After covering the limitations of genetic determinants of happiness and happiness set-points, the article addresses those qualities that happiness research indicates are paramount in creating satisfaction: control, connections, creative challenge (or flow), and comparisons (preferably downward). Those qualities are then applied to legal education, while addressing the larger philosophical …
Fractured Bonds: Policing Whiteness And Womanhood Through Race-Based Marriage Annulments, Bela August Walker
Fractured Bonds: Policing Whiteness And Womanhood Through Race-Based Marriage Annulments, Bela August Walker
Bela August Walker
In the hundred years before the United States Supreme Court declared miscegenation statutes unconstitutional in Loving v. Virginia, state courts decided thirteen recorded race-based annulment cases. This article presents a unified analysis of all race based annulment cases for the first time. Simultaneously public and private affairs, these dramas impacted far more than the individual couples or courtrooms, sending out shockwaves that reverberated beyond their points of origin. The results of the cases are startling and contrary to previous work on the subject. Using this unique set of cases, this article argues that while declaring these women “white” appears like …
Chapman Dialogues: Same Sex Marriage - Response To Professor Eskrdige, Lawrence Rosenthal
Chapman Dialogues: Same Sex Marriage - Response To Professor Eskrdige, Lawrence Rosenthal
Lawrence Rosenthal
This essay, a revision of remarks originally delivered as part of the Chapman Dialogues series at Chapman University School of Law, is a response to the remarks of Professor William Eskridge of Yale Law School making the case for the recognition of a constitutional right to same-sex marriage. The essay argues that the judicial establishment of a right in the face of deeply entrenched social norms, prior to the time at which the political groundwork necessary for the enforcement of the right has been laid, risks a powerful and ultimately counterproductive backlash.
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 Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso
The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso
Luke A. Boso
In May 2004, the Food and Drug Administration (FDA) announced a final rule to be published in the Federal Register that would establish eligibility criteria for persons seeking to donate sperm and other human cells and tissues. Concurrently, the FDA issued a draft guidance document that provides recommendations for complying with the requirements, listing men who have had sex with another man in the preceding 5 years (MSMs) as the number one risk factor. The FDA does not, however, make a distinction between MSMs who practice safe sex and those who have unprotected sex, nor does it identify men who …
It's Really About Sex: Same-Sex Marriage, Lesbigay Parenting, And The Psychology Of Disgust, Richard E. Redding
It's Really About Sex: Same-Sex Marriage, Lesbigay Parenting, And The Psychology Of Disgust, Richard E. Redding
Richard E. Redding
The effect of gay and lesbian parenting on children has been the touchstone issue in much of the recent state litigation on same sex marriage, with opponents of same sex marriage arguing that there is a rational basis for denying marriage rights to gays and lesbians because the central purpose of marriage is procreation and childrearing, but that children are harmed or disadvantaged when raised by gay or lesbian parents. To interrogate this claim, I critique the social science research that informs the concerns frequently expressed about the possible negative effects of lesbigay parenting on children's emotional, psychosocial, and sexual …