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Full-Text Articles in Law

Caste And The Civil Rights Laws: From Jim Crow To Same-Sex Marriages, Richard A. Epstein Aug 1994

Caste And The Civil Rights Laws: From Jim Crow To Same-Sex Marriages, Richard A. Epstein

Michigan Law Review

In this essay I address the notion of caste in two separate contexts: in the traditional disputes over race and sex, and in the more modem disputes over sexual orientation. In both cases the idea of caste and its kindred notions of subordination and hierarchy are used to justify massive forms of government intervention. In all cases I think that these arguments are incorrect. In their place, I argue that the idea of caste should be confined to categories of formal, or legal, distinctions between persons before the law. This more limited notion of caste supplies no justification for the …


Poised At The Threshold: Sexual Orientation, Law, And The Law School Curriculum In The Nineties, Jane S. Schacter May 1994

Poised At The Threshold: Sexual Orientation, Law, And The Law School Curriculum In The Nineties, Jane S. Schacter

Michigan Law Review

A Review of Lesbians, Gay Men, and the Law by William B. Rubenstein


Tying A Slipknot: Temporary Marriages In Iran, Tamilla F. Ghodsi Jan 1994

Tying A Slipknot: Temporary Marriages In Iran, Tamilla F. Ghodsi

Michigan Journal of International Law

The purpose of this Note is to analyze the institution of mut'a critically, but objectively. It is important to first understand that it is possible to learn something from this institution. The sanctioning of temporary marriages illustrates the pervasive role of law as a method of social control, a characteristic which has parallels in the West. Furthermore, the institution may be challenged on its merits. For example, this Note intends to illustrate how the lack of formalism and the presence of great ambiguity in the institution have contributed to its lack of acceptance in Iranian society. The institution's deficiencies demonstrate …


Gay Men, Aids, And The Code Of The Condom, David L. Chambers Jan 1994

Gay Men, Aids, And The Code Of The Condom, David L. Chambers

Articles

The principal purpose of this Article is to explore the origins and moral content of the code of behavior among gay men that has developed around the condom. A second purpose is to consider whether this code is wise and defensible under current circumstances. A final purpose is to compare the condom rules to the code of sexual behavior that state governments have created in response to AIDS under their criminal laws.