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The Meaning Of Sex: Dynamic Words, Novel Applications, And Original Public Meaning, William N. Eskridge Jr., Brian G. Slocum, Stefan Th. Gries
The Meaning Of Sex: Dynamic Words, Novel Applications, And Original Public Meaning, William N. Eskridge Jr., Brian G. Slocum, Stefan Th. Gries
Michigan Law Review
The meaning of sex matters. The interpretive methodology by which the meaning of sex is determined matters Both of these were at issue in the Supreme Court’s recent landmark decision in Bostock v. Clayton County, where the Court held that Title VII protects lesbians, gay men, transgender persons, and other sexual and gender minorities against workplace discrimination. Despite unanimously agreeing that Title VII should be interpreted in accordance with its original public meaning in 1964, the opinions in Bostock failed to properly define sex or offer a coherent theory of how long-standing statutes like Title VII should be interpreted over …
Incompletely Reasoned Sex: A Review Of Posner's Somewhat Misleading Guide To The Economic Analysis Of Sex And Family Law, Martin Zelder
Incompletely Reasoned Sex: A Review Of Posner's Somewhat Misleading Guide To The Economic Analysis Of Sex And Family Law, Martin Zelder
Michigan Law Review
A Review of Sex and Reason by Richard A. Posner
Fornication, Cohabitation, And The Constitution, Michigan Law Review
Fornication, Cohabitation, And The Constitution, Michigan Law Review
Michigan Law Review
This Note begins with the indisputable assumption that laws prohibiting fornication and cohabitation are nowhere explioitly forbidden by the Constitution. If a right to engage in consensual adult heterosexual activity exists, it will most convincingly be inferred from the Court's cases establishing a right of "privacy." The Note first seeks to discover an adequate definition of privacy which might lead to a decision whether "privacy" encompasses the right .to fornicate or cohabit (a right which, for brevity's sake, we will somewhat imprecisely call the right to, sexual privacy), but it finds no such definition. The Note therefore proceeds to investigate …
Conjugal Visitation Rights And The Appropriate Standard Of Judicial Review For Prison Regulations, Michigan Law Review
Conjugal Visitation Rights And The Appropriate Standard Of Judicial Review For Prison Regulations, Michigan Law Review
Michigan Law Review
Conjugal visitation rights allow prison inmates and spouses to visit privately and have sexual relations. A number of countries, particularly in Latin America, permit conjugal visits. Although in the United States only Mississippi and California currently permit conjugal visitation, the experience of these two states shows that such programs are workable. Conjugal visitation has met with varied reaction in the literature, but persuasive arguments have been made that it would offer potential psychological benefits to the prisoner, reduce prison homosexuality, and allow the inmate to preserve his or her marital ties. Nevertheless, the reaction of penal administrators in this country …
The Constitutionality Of Laws Forbidding Private Homosexual Conduct, Michigan Law Review
The Constitutionality Of Laws Forbidding Private Homosexual Conduct, Michigan Law Review
Michigan Law Review
The laws of forty-three states and the District of Columbia impose criminal penalties on consenting adults who engage in private homosexual conduct. Most of these laws are sodomy statutes, which also prohibit oral and anal intercourse between heterosexuals and sexual acts with animals. Two states have statutes explicitly limited to homosexual conduct. These statutes also prohibit nonconsensual homosexual activity and homosexual acts involving a minor, but this Note addresses only prohibitions on private consensual adult homosexual conduct.