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Articles 61 - 90 of 468
Full-Text Articles in Law
Bisexuals Need Not Apply: A Comparative Appraisal Of Refugee Law And Policy In Canada, The United States, And Australia, Sean Rehaag
Sean Rehaag
This paper offers an analysis of refugee claims on grounds of bisexuality. After discussing the grounds on which sexual minorities may qualify for refugee status under international refugee law, the paper empirically assesses the success rates of bisexual refugee claimants in three major host states: Canada, the United States, and Australia. It concludes that bisexuals are significantly less successful than other sexual minority groups in obtaining refugee status in those countries. Through an examination of selected published decisions involving bisexual refugee claimants, the author identifies two main areas for concern that may partly account for the difficulties that bisexual refugee …
Legal Dimensions Of Adolescent Sexuality, Roxanne Mykitiuk, Stephanie Turnham
Legal Dimensions Of Adolescent Sexuality, Roxanne Mykitiuk, Stephanie Turnham
Roxanne Mykitiuk
The ethical and legal obligations with respect to treating a minor can be confusing, particularly in the areas of consent to treatment, confidentiality, and parental involvement. The clinician must be aware of the appropriate course of practice when the patient is an adolescent seeking care for contraception, pregnancy, or sexually transmitted infections. This article examines a number of ethical and legal issues that arise when providing reproductive and sexual health care to an adolescent and offers recommendations for the physician’s most appropriate courses of action regarding adolescent patients and the age of consent to sexual activity, reporting of child abuse, …
Equality And Singapore’S First Constitutional Challenges To The Criminalization Of Male Homosexual Conduct, Jack Tsen-Ta Lee
Equality And Singapore’S First Constitutional Challenges To The Criminalization Of Male Homosexual Conduct, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
In 2013, in Lim Meng Suang and Kenneth Chee Mun-Leon v Attorney-General and Tan Eng Hong v Attorney-General, the High Court of Singapore delivered the first judgments in the jurisdiction considering the constitutionality of section 377A of the Penal Code, which criminalizes acts of 'gross indecency' between two men, whether they occur in public or private. The Court ruled that the provision was not inconsistent with the guarantees of equality before the law and equal protection of the law stated in Article 12(1) of the Constitution of the Republic of Singapore. The result was upheld in 2014 by the Court …
Sexual Orientation Of Fatherhood, Dara Purvis
Sexual Orientation Of Fatherhood, Dara Purvis
Dara Purvis
In this Article, I examine how same-sex fathers affect the perception of heterosexual caretaking fathers - and by extension, could affect the perception of heterosexual non-caretaking mothers. I conclude that gay stay-at-home fathers offer a provocative opportunity to broaden societal views of men and caregiving more generally, and argue that greater recognition of parents who counteract gender stereotypes - even where the recognition might arguably lessen women's rights in family law - ultimately helps women as well as children and nontraditional parents. Part I discusses fathers, particularly stay-at-home fathers, the practical problems fathers face combining work and caregiving responsibilities, and …
Evaluating Legal Activism: A Response To Rosenberg, Dara Purvis
Evaluating Legal Activism: A Response To Rosenberg, Dara Purvis
Dara Purvis
Earlier this year, Gerald Rosenberg updated his canonical work The Hollow Hope to incorporate the battles over same-sex marriage as, in his opinion, further support for his theory that the backlash of legal activism can subvert the intended goals. This Article examines three of Rosenberg’s central claims and, by questioning their premises with further evidence from the history of the same-sex marriage movement, roils the waters of whether the litigational and political record of the same-sex marriage movement bolsters or weakens Rosenberg’s thesis. The Article first questions Rosenberg’s claim that activists seeking to advance same sex marriage erroneously chose the …
The Right To Contract: Use Of Domestic Partnership As A Strategic Alternative To The Right To Marry Same-Sex Partners, Dara Purvis
The Right To Contract: Use Of Domestic Partnership As A Strategic Alternative To The Right To Marry Same-Sex Partners, Dara Purvis
Dara Purvis
Shortly after the Civil War, a series of cases argued that the Civil Rights Act of 1866 gave black Americans the right to make contracts, including a marriage contract, with whomever they chose. While the cases were almost uniformly unsuccessful at that time, this paper argues that claims based on private contracts replicating some of marriage’s benefits, stripped of the social and religious freight of marriage, are more compelling. State constitutional amendments banning not only marriage, but any legal recognition of a marriage-like relationship, demonstrate that animus underlies the prohibitions and that the amendments violate the Equal Protection Clause even …
Esterilizaciones Forzadas: Estándares Internacionales De Responsabilidad Estatal En Derechos Humanos, Beatriz Ramirez
Esterilizaciones Forzadas: Estándares Internacionales De Responsabilidad Estatal En Derechos Humanos, Beatriz Ramirez
Beatriz Ramirez
Afterword – Straightness As Property: Back To The Future-Law And Status In The 21st Century, Symposium: Liberalism And Property Rights, Berta E. Hernández-Truyol, Shelbi D. Day
Afterword – Straightness As Property: Back To The Future-Law And Status In The 21st Century, Symposium: Liberalism And Property Rights, Berta E. Hernández-Truyol, Shelbi D. Day
Berta E. Hernández-Truyol
As is evident from the other works in this Symposium, throughout history in both the United States and the greater Western World, status-based exclusion of individuals and groups from property rights has been central to the existence of political and social hierarchies. Specifically, exclusion based on status — whether it be nationality, culture, race, sex or sexuality — has plagued our history and has been integral in the formation and development of both constitutional and property law regimes. Consequently, both regimes are at best uneven in the grant and distribution of rights and benefits. A forward-looking examination of the link …
Stemming The Hobby Lobby Tidal Wave: Why Rfra Challenges To Obama's Executive Order Prohibiting Federal Contractors From Discriminating Against Lgbt Employees Will Not Succeed, Kayla Higgins
Kayla Higgins
On July 21, 2014 President Obama released Executive Order 13672, which expressly aimed to provide for a uniform policy for the Federal Government to prohibit discrimination and take further steps to promote economy and efficiency in Federal Government procurement by prohibiting discrimination based on sexual orientation and gender identity. Some commentators believe that the order “could be the next battleground” for the competing views of religious leaders and liberals when it comes to how to weigh religious liberty against other priorities. However, there are two main reasons why the most recent executive order should not crumble under the Hobby Lobby …
Children's Rights In The Midst Of Marriage Equality: Amicus Brief In Obergefell V. Hodges By Scholars Of The Constitutional Rights Of Children, Tanya Washington, Susannah Pollvogt, Catherine Smith, Lauren Fontana
Children's Rights In The Midst Of Marriage Equality: Amicus Brief In Obergefell V. Hodges By Scholars Of The Constitutional Rights Of Children, Tanya Washington, Susannah Pollvogt, Catherine Smith, Lauren Fontana
Tanya Monique Washington
No abstract provided.
Brief Of Amici Curiae Scholars Of The Constitutional Rights Of Children In Support Of Petitioners, Tanya Washington, Susannah Pollvogt, Catherine Smith, Lauren Fontana
Brief Of Amici Curiae Scholars Of The Constitutional Rights Of Children In Support Of Petitioners, Tanya Washington, Susannah Pollvogt, Catherine Smith, Lauren Fontana
Tanya Monique Washington
No abstract provided.
Facing The Unborn, Richard Stith
Facing The Unborn, Richard Stith
Richard Stith
Modern science tells us of the identity of each individual human being from conception to adulthood, but our imagination does not fully cooperate. It is difficult to look at a photograph of a zygote and see a fellow human being. There are, however, two strong ways to better align our knowledge and our intuition. One is to look backward in the developmental process. It is easy to grasp that our fellow human beings all used to be zygotes. A second method is now becoming available. DNA can be used to reveal the future face and even the eyes of each …
Currency Of Love: Customary International Law And The Battle For Same-Sex Marriage In The United States, 14 U. Pa. J.L. & Soc. Change 53 (2011), Sonia Bychkov Green
Currency Of Love: Customary International Law And The Battle For Same-Sex Marriage In The United States, 14 U. Pa. J.L. & Soc. Change 53 (2011), Sonia Bychkov Green
Sonia Bychkov Green
No abstract provided.
Interstate Intercourse: How Modern Assisted Reproductive Technologies Challenge The Traditional Realm Of Conflicts Of Law, 24 Wis. J. L. Gender, & Soc'y 25 (2009), Sonia Bychkov Green
Interstate Intercourse: How Modern Assisted Reproductive Technologies Challenge The Traditional Realm Of Conflicts Of Law, 24 Wis. J. L. Gender, & Soc'y 25 (2009), Sonia Bychkov Green
Sonia Bychkov Green
No abstract provided.
Lunch -- Keynote Speakers -- Devon W. Carbado And Russell K. Robinson, Ucla School Of Law, Devon W. Carbado, Russell K. Robinson
Lunch -- Keynote Speakers -- Devon W. Carbado And Russell K. Robinson, Ucla School Of Law, Devon W. Carbado, Russell K. Robinson
Russell K Robinson
No abstract provided.
Twilight: The Unveiling Of Victims, Stalking, And Domestic Violence, 21 Cardozo J. L. & Gender 39 (2014), Susan L. Brody
Twilight: The Unveiling Of Victims, Stalking, And Domestic Violence, 21 Cardozo J. L. & Gender 39 (2014), Susan L. Brody
Susan L. Brody
No abstract provided.
Coming Out: Decision-Making In State And Federal Sodomy Cases, Susan Ayres
Coming Out: Decision-Making In State And Federal Sodomy Cases, Susan Ayres
Susan Ayres
In 1791, American states were enacting laws against sodomy at the same time they ratified the Bill of Rights, the first ten constitutional amendments meant to safeguard fundamental rights of individuals in a free society. In a March 1789 letter to James Madison, Thomas Jefferson asserted that a bill of rights was necessary to give the judiciary the power to protect such individual rights. Ironically, that which the judiciary gives, it may also take away, since "[t]he legislator is a writer. And the judge a reader."
This Article deconstructs recent sodomy cases in order to challenge judicial adoption or reinscription …
Children, Sexuality, And The Law, Sacha Coupet
The Wedding Bells Heard Around The World: Years From Now, Will We Wonder Why We Worried About Same-Sex Marriage, 24 N. Ill. U. L. Rev. 589 (2004), Mark E. Wojcik
Mark E. Wojcik
No abstract provided.
Aids: Coping With Hiv On Campus, 27 J. Marshall L. Rev. 449 (1994), Jane D. Oswald, Robert G. Johnston, Mark E. Wojcik
Aids: Coping With Hiv On Campus, 27 J. Marshall L. Rev. 449 (1994), Jane D. Oswald, Robert G. Johnston, Mark E. Wojcik
Mark E. Wojcik
No abstract provided.
Using International Human Rights Law To Advance Queer Rights: A Case Study For The American Declaration Of The Rights And Duties Of Man, 55 Ohio St. L.J. 649 (1994), Mark E. Wojcik
Mark E. Wojcik
In addition to violating various provisions of federal and state constitutions, anti-gay ballot initiatives may violate international human rights norms. I see three reasons to invoke international human rights to challenge these initiatives. First, international human rights norms place the struggle for gay and lesbian rights in its proper context as a struggle for human rights. Second, some of the international human rights instruments provide both a source of legal obligation and an additional forum to challenge anti-gay ballot initiatives. Third and finally, if lesbian and gay activists in the United States establish that documents such as the American Declaration …
Aids And Funeral Homes: Common Legal Issues Facing Funeral Directors, 27 J. Marshall L. Rev. 411 (1994), Mark E. Wojcik
Aids And Funeral Homes: Common Legal Issues Facing Funeral Directors, 27 J. Marshall L. Rev. 411 (1994), Mark E. Wojcik
Mark E. Wojcik
No abstract provided.
International Health Law, International Travel Restrictions, And The Human Rights Of Persons With Aids And Hiv, 1 Touro J. Transnat'l L. 285 (1990), Michael L. Closen, Mark E. Wojcik
International Health Law, International Travel Restrictions, And The Human Rights Of Persons With Aids And Hiv, 1 Touro J. Transnat'l L. 285 (1990), Michael L. Closen, Mark E. Wojcik
Mark E. Wojcik
No abstract provided.
Freedom In Eastern Europe And The Spread Of Hiv/Aids: The Unnoticed Story, 1 Touro J. Transnat'l L. 307 (1990), Michael L. Closen, Mark E. Wojcik
Freedom In Eastern Europe And The Spread Of Hiv/Aids: The Unnoticed Story, 1 Touro J. Transnat'l L. 307 (1990), Michael L. Closen, Mark E. Wojcik
Mark E. Wojcik
No abstract provided.
Book Review: Aids In The World, 16 Hous. J. Int'l L. 709 (1994), Mark E. Wojcik
Book Review: Aids In The World, 16 Hous. J. Int'l L. 709 (1994), Mark E. Wojcik
Mark E. Wojcik
No abstract provided.
Better Safe? Why Obergefell Matters Before Court Rules, Tanya Washington
Better Safe? Why Obergefell Matters Before Court Rules, Tanya Washington
Tanya Monique Washington
No abstract provided.
Lawrence Beyond Gay Rights: Taking The Rationality Requirement For Justifying Criminal Statutes Seriously, 53 Drake L. Rev. 231 (2005), Donald L. Beschle
Lawrence Beyond Gay Rights: Taking The Rationality Requirement For Justifying Criminal Statutes Seriously, 53 Drake L. Rev. 231 (2005), Donald L. Beschle
Donald L. Beschle
No abstract provided.
Defining The Scope Of The Constitutional Right To Marry: More Than Tradition, Less Than Unlimited Autonomy, 70 Notre Dame L. Rev. 39 (1994), Donald L. Beschle
Defining The Scope Of The Constitutional Right To Marry: More Than Tradition, Less Than Unlimited Autonomy, 70 Notre Dame L. Rev. 39 (1994), Donald L. Beschle
Donald L. Beschle
No abstract provided.
Doma Implications For Employee Benefit Plans: Round 2, 144 Tax Notes 947 (2014), Kathryn Kennedy
Doma Implications For Employee Benefit Plans: Round 2, 144 Tax Notes 947 (2014), Kathryn Kennedy
Kathryn J. Kennedy
No abstract provided.
Doma Implications For Employee Benefit Plans, 140 Tax Notes 1571 (2013), Kathryn Kennedy
Doma Implications For Employee Benefit Plans, 140 Tax Notes 1571 (2013), Kathryn Kennedy
Kathryn J. Kennedy
No abstract provided.