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Full-Text Articles in Law
Sexual Liberty And Same-Sex Marriage: An Argument From Bisexuality, Michael Boucai
Sexual Liberty And Same-Sex Marriage: An Argument From Bisexuality, Michael Boucai
Journal Articles
In Lawrence v. Texas (2003), the U.S. Supreme Court recognized a right to choose homosexual relations and relationships. Same-sex marriage bans unconstitutionally burden this right because they have the purpose and effect of channeling individuals into heterosexual relations and relationships. Bisexuals are in the best position to raise this claim because they share homosexuals’ interest in the freedom to choose same-sex partners, yet are more easily steered toward different-sex partners by marriage’s enormous prestige and benefits.
An argument from bisexuality for same-sex marriage refutes on normative rather than empirical grounds what this article calls “the politics of containment,” a politics …
How The "Unintended Consequences" Story Promotes Unjust Intent And Impact., Martha T. Mccluskey
How The "Unintended Consequences" Story Promotes Unjust Intent And Impact., Martha T. Mccluskey
Journal Articles
In the guise of critical analysis of the limits of law reform, the familiar phrase “unintended consequences” serves to rationalize rising inequality and to undermine democratic accountability. This paper examines how the phrase promotes a story of disentitlement, using the recent financial crisis as an example. By naturalizing inequality as power beyond law’s reach, this phrase’s message that benign law is likely to bring unequal consequences dovetails with a seemingly contradictory message that benign intent, rather than harmful impact, is what primarily counts for evaluating inequality.
As part of a LatCrit XV symposium taking a “bottom-up” view of the recent …