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Full-Text Articles in Law
Don't Ask, Don't Tell: Employment Discrimination As A Means For Social Cleansing, E. Gary Spitko
Don't Ask, Don't Tell: Employment Discrimination As A Means For Social Cleansing, E. Gary Spitko
Faculty Publications
In December 2010, President Barack Obama signed into law the “Don’t Ask, Don’t Tell Repeal Act of 2010,” which provided for repeal of the policy prohibiting gay people from serving openly in the military, after consideration of a Department of Defense review on the implementation of such a repeal. This article examines the history of the exclusion of openly gay people from military service in the United States from the early twentieth century up until the time of the repeal. The author concludes from this review that the dominant purpose of the military’s exclusion of openly gay people was to …
The Twelve-Year-Old Girl's Lawsuit That Changed America: The Continuing Impact Of Now V. Little League Baseball, Inc. At 40, Douglas E. Abrams
The Twelve-Year-Old Girl's Lawsuit That Changed America: The Continuing Impact Of Now V. Little League Baseball, Inc. At 40, Douglas E. Abrams
Faculty Publications
In 1972, Little League's national office forced 12-year-old Maria Pepe off her Hoboken (N.J.) team because "[g]irls are not eligible." The New Jersey Division on Civil Rights sustained her gender discrimination claim in 1973, and the courts upheld the administrative decision a year later.
National reaction to Maria Pepe's courageous insistence on gender equity helped sustain the evolution in gender roles that had accelerated since the Women's Movement of the 1960s. Her landmark legal action also likely influenced the Supreme Court's gradual movement toward intermediate scrutiny of gender discrimination claims; the 1975 federal regulations that assured Title IX of the …
Reproducing Value: How Tax Law Differentially Values Fertility, Sexuality & Marriage, Tessa R. Davis
Reproducing Value: How Tax Law Differentially Values Fertility, Sexuality & Marriage, Tessa R. Davis
Faculty Publications
Section 213 of the Internal Revenue Code permits a deduction for an individual’s fertility expenses, but it does not do so evenhandedly. This paper focuses on the current discriminatory effects of §213 doctrine as it is applied to the deductibility of fertility treatments for single persons and/or homosexual couples, as compared to heterosexual, married couples. Traditional economic analysis of the Code fails to explain such discrimination, thus a new approach is required. Utilizing tools from anthropological theory, this paper recognizes and analyzes our tax code (and specifically §213) as a cultural artifact and therein challenges the presumed objectivity of our …
Between Tradition And Progress: A Comparative Perspective On Polygamy In The United Satates And India, Cyra Akila Choudhury
Between Tradition And Progress: A Comparative Perspective On Polygamy In The United Satates And India, Cyra Akila Choudhury
Faculty Publications
Both the United States and India have had longstanding experiences with polygamy and its regulation. In the United States, the dominant Protestant majority has sought to abolish Mormon practices of polygamy through criminalization. Moreover, the public policy exception has been used to deny recognition of plural marriages conducted legally elsewhere. India’s approach to polygamy regulation and criminalization has been both similar to and different from that of the United States. With a sizable Muslim minority and a legal framework that recognizes religious law as family law, India recognizes polygamy in the Muslim minority community. However, it has criminalized it in …