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Articles 1 - 8 of 8
Full-Text Articles in Law
Parading Ourselves: Freedom Of Speech At The Feast Of St. Patrick, Larry Yackle
Parading Ourselves: Freedom Of Speech At The Feast Of St. Patrick, Larry Yackle
Faculty Scholarship
Three things are true. First, American society is now absorbed in yet another great civil rights movement, this one on behalf of gay, lesbian, and ambisexual citizens, which will lead ineluctably to the elimination of legal burdens on the basis of sexual orientation.' Change will come slowly, with much backing and filling, and at an awful price measured in human pain. Intolerance for the homosexualities that exist among us, and the homosexual behavior in which many of us engage, will persist in quarters where the law cannot reach.2 Yet private homophobia, deprived of legal sanction, will ultimately be discredited and …
Building Bridges Between Theory And Practice, Activism And Scholarship, Elizabeth M. Schneider
Building Bridges Between Theory And Practice, Activism And Scholarship, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Anti-Lesbian And -Gay Right Wing Initiatives: A Strategy For Response, Mary Newcombe, Suzanne B. Goldberg
Anti-Lesbian And -Gay Right Wing Initiatives: A Strategy For Response, Mary Newcombe, Suzanne B. Goldberg
Faculty Scholarship
The increasing visibility and political activism of the lesbian and gay community in this country has sparked a vicious backlash intended to reinforce restrictive notions of social morality and to stifle expressions of lesbian and gay identity. While this backlash has flourished in mainstream institutions, as in the U.S. Senate's hearings on lifting the military's ban against lesbians and gay men, it has also been incited on a grassroots level across the country by the Christian right wing, which has involved itself intimately in exploiting popular inclinations and reinforcing discrimination at the federal and local levels.
He's Gotta Have It, Carol Sanger
He's Gotta Have It, Carol Sanger
Faculty Scholarship
In 1929, James Thurber and E.B. White observed that
[d]uring the past year, two factors in our civilization have been greatly overemphasized. One is aviation. The other is sex.... In the case of aviation, persons interested in the sport saw that the problem was to simplify it and make it seem safe.... With sex, the opposite was true.... The problem in this case was to make sex seem more complex and dangerous. This task was taken up by sociologists, analysts, gynecologists, psychologists, and authors.... They joined forces and made the whole matter of sex complicated beyond [our wildest dreams].... Sex, …
The Eclipse Of Reason: A Rhetorical Reading Of Bowers V. Hardwick, Kendall Thomas
The Eclipse Of Reason: A Rhetorical Reading Of Bowers V. Hardwick, Kendall Thomas
Faculty Scholarship
In a careful and compelling reading of the text of the Supreme Court's opinion in Bowers v. Hardwick, Janet Halley provides a meticulous map of the misprisions by which the Hardwick Court "exploit[s] confusion about what sodomy is in ways that create opportunities for the [judicial] exercise of homophobic power." According to Professor Halley, the duplicitous mechanisms the Hardwick Court marshals in reasoning about sodomy entail a mobilization of two "incommensurable articulations": the idea of the sodomitical act, on the one hand, and that of personal identity, on the other.
Professor Halley rightly insists that an anti-homophobic critique …
Give Me Liberty Or Give Me Death: Political Asylum And The Global Persecution Of Lesbians And Gay Men, Suzanne B. Goldberg
Give Me Liberty Or Give Me Death: Political Asylum And The Global Persecution Of Lesbians And Gay Men, Suzanne B. Goldberg
Faculty Scholarship
In a time marked by dramatic global change, women and men persecuted because they are lesbian or gay form part of the growing pool of international refugees. Their persecution takes the form of police harassment an assault, involuntary institutionalization and electroshock and drug "treatments," punishment under laws that impose extreme penalties including death for consensual lesbian or gay sexual relations, murder by paramilitary death squads, and government inaction in response to criminal assaults against lesbians and gay men. The survival of these women and men, like the survival of all refugees, depends on obtaining asylum outside the home country. Yet, …
Rumpelstiltskin (Review Essay), Katharine T. Bartlett
Rumpelstiltskin (Review Essay), Katharine T. Bartlett
Faculty Scholarship
Professor Bartlett's article is one of five commentaries continuing the debate concerning human sexuality and its regulation begun by Judge Richard Posner's in his book, Sex and Reason (1992). Bartlett's essay responds generally to the book and specifically to his application of economic principles to sexuality.
Cunning Stunts: From Hegemony To Desire A Review Of Madonna's Sex, Katherine M. Franke
Cunning Stunts: From Hegemony To Desire A Review Of Madonna's Sex, Katherine M. Franke
Faculty Scholarship
What is sex? Is it an accidental or contingent property that every person can be said to have? I am brunette and female, but the Pope is bald and male. Or, is sex more constitutive, that is, an essential part of who we are? In this respect, the claim is often made that women experience the world ditfierently than men. Or, is sex something we do?
If we consider sex as an adjective, can we or should we be able to manipulate it like a new hair style? Or does the notion of sexual malleability trivialize the significance …