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Full-Text Articles in Law
Voting Rights Or Voting Entitlements?, James J. Sample
Voting Rights Or Voting Entitlements?, James J. Sample
Hofstra Law Faculty Scholarship
It took nearly 100 years after the United States gained its independence for African American men to secure the right to vote, and almost 150 years for African American women. A right perceived—though not de facto honored—as fundamental for all Americans today was fought for in a war less than two centuries ago, costing 620,000 lives. The country quite literally divided over the idea that African Americans should be afforded basic human rights. Today, resistance to the franchise—to what the mythology of America 'stands for'—is not remotely erased, but rather, newly emboldened, even if it masquerades under more obfuscating terminology. …
Discriminating Gender: Legal, Medical, And Social Presumptions About Transgender And Intersex People, Janet L. Dolgin
Discriminating Gender: Legal, Medical, And Social Presumptions About Transgender And Intersex People, Janet L. Dolgin
Hofstra Law Faculty Scholarship
"Discriminating Gender: Legal, Medical, and Social Presumptions About Intersex and Transgender People” analyzes the significance of the binary-gender presumption in legal responses to intersex people and to transgender people. Both intersex and transgender status challenge familiar understandings of gender, sex, bodies, and personhood. Intersexuality challenges the cultural belief that that everyone can be, and should be, categorized as female or as male. And transgender status challenges the belief that gender and sex are always coincident and that they are established at a person’s birth. More fundamentally, differences in social and legal responses to both transgender people and to intersex people …