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Full-Text Articles in Law

Beyond Interstate Recognition In The Same-Sex Marriage Debate, Gary J. Simson Dec 2006

Beyond Interstate Recognition In The Same-Sex Marriage Debate, Gary J. Simson

Cornell Law Faculty Publications

The national same-sex marriage debate has been dominated for the past decade by the interstate recognition issue. This article seeks to shift the focus of the debate to same-sex marriage prohibitions themselves and their incompatibility with several limitations of federal constitutional law.

After showing the legal irrelevance of the Defense of Marriage Act to the interstate recognition issue, the article addresses the proper resolution of that choice-of-law issue through the lens of a well-known New York Court of Appeals decision. In that case, despite New York's ban on uncle-niece marriage, the New York high court - one of the most …


Asians And Pacific Islanders In Same-Sex Couples In The United States: Data From Census 2000, Gary Gates, Holning S. Lau, R. Bradley Sears Jan 2006

Asians And Pacific Islanders In Same-Sex Couples In The United States: Data From Census 2000, Gary Gates, Holning S. Lau, R. Bradley Sears

Faculty Publications

No abstract provided.


Transcending The Individualist Paradigm In Sexual Orientation Antidiscrimination Law, Holning S. Lau Jan 2006

Transcending The Individualist Paradigm In Sexual Orientation Antidiscrimination Law, Holning S. Lau

Faculty Publications

No abstract provided.


Race And Ethnicity Of Same-Sex Couples In California, Gary Gates, Holning S. Lau, R. Bradley Sears Jan 2006

Race And Ethnicity Of Same-Sex Couples In California, Gary Gates, Holning S. Lau, R. Bradley Sears

Faculty Publications

No abstract provided.


Assessing The Harms Of Noncompliance With The International Covenant On Civil And Political Right's Protections Of Sexual Minorities, Holning S. Lau, The Williams Institute Jan 2006

Assessing The Harms Of Noncompliance With The International Covenant On Civil And Political Right's Protections Of Sexual Minorities, Holning S. Lau, The Williams Institute

Faculty Publications

No abstract provided.


Impact On Washington State's Budget Of Allowing Same-Sex Couples To Marry, M.V. Lee Badgett, R. Bradley Sears, Elizabeth Kukura, Holning S. Lau, The Williams Institute Jan 2006

Impact On Washington State's Budget Of Allowing Same-Sex Couples To Marry, M.V. Lee Badgett, R. Bradley Sears, Elizabeth Kukura, Holning S. Lau, The Williams Institute

Faculty Publications

No abstract provided.


Parity/Disparity: Electoral Gender Inequality On The Tightrope Of Liberal Constitutional Traditions, Darren Rosenblum Jan 2006

Parity/Disparity: Electoral Gender Inequality On The Tightrope Of Liberal Constitutional Traditions, Darren Rosenblum

Elisabeth Haub School of Law Faculty Publications

Part I of this article examines Parity's strangeness to United States observers. United States sex discrimination law ignores political representation issues. United States voting rights law contains no provisions for gender inequality. Most importantly, leading United States thinkers of all stripes roundly reject quotas. Part II details the Parity debate and its relationship to French democracy. The democracies of the United States and of France share Eighteenth Century Enlightenment origins. They also share some form of universalism (labeled “neutrality” in the United States by Cass Sunstein) establishing the equality of all citizens before the law. Parity serves as a good …


Gender Equality And Women's Solidarity Across Religious, Ethnic And Class Difference In The Kenyan Constitutional Review Process, Athena D. Mutua Jan 2006

Gender Equality And Women's Solidarity Across Religious, Ethnic And Class Difference In The Kenyan Constitutional Review Process, Athena D. Mutua

Journal Articles

This paper examines Kenyan's women's struggle to gain new legal authority for gender equality and women's empowerment in the Kenya Constitutional Review process. Specifically it examines the efforts of the campaign to "safeguard the gains of women in the Draft Constitution," a campaign launched by a coalition of four civil society organizations in Kenya after the release of a new Draft constitution in 2002. Its focus is the 2002 Draft, the Draft's relationship to the current Kenyan Constitution and to recent constitutional proposals, from a gender perspective.

The constitutional review process is part of a larger movement to democratize the …


Coming Out For Kids: Recognizing, Respecting, And Representing Lgbtq Youth, Barbara A. Fedders Jan 2006

Coming Out For Kids: Recognizing, Respecting, And Representing Lgbtq Youth, Barbara A. Fedders

Faculty Publications

No abstract provided.


Mandatory Waiting Periods For Abortions And Female Mental Health, Jonathan Klick Jan 2006

Mandatory Waiting Periods For Abortions And Female Mental Health, Jonathan Klick

All Faculty Scholarship

Proponents of laws requiring a waiting period before a woman can receive an abortion argue that these cooling off periods protect against rash decisions on the part of women in the event of unplanned pregnancies. Opponents claim, at best, waiting periods have no effect on decision-making and, at worst, they subject women to additional mental anguish and stress. In this article, I examine these competing claims using adult female suicide rates at the state level as a proxy for mental health. Panel data analyses suggest that the adoption of mandatory waiting periods reduce suicide rates by about 10 percent, and …