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Articles 1 - 17 of 17
Full-Text Articles in Law
Coming Out In West Virginia: Child Custody And Visitation Disputes Involving Gay Or Lesbian Parents, Jeffery L. Hall
Coming Out In West Virginia: Child Custody And Visitation Disputes Involving Gay Or Lesbian Parents, Jeffery L. Hall
West Virginia Law Review
No abstract provided.
Kiss The Girls And Make Them Sue: Liability Of Schools For Peer Sexual Harassment, Mary F. Loss
Kiss The Girls And Make Them Sue: Liability Of Schools For Peer Sexual Harassment, Mary F. Loss
West Virginia Law Review
No abstract provided.
Doma As A Defensible Exercise Of Congressional Power Under The Full-Faith-And-Credit Clause, Timothy Joseph Keefer
Doma As A Defensible Exercise Of Congressional Power Under The Full-Faith-And-Credit Clause, Timothy Joseph Keefer
Washington and Lee Law Review
No abstract provided.
Sexual Misconduct And Personnel Management, Ibpp Editor
Sexual Misconduct And Personnel Management, Ibpp Editor
International Bulletin of Political Psychology
This paper describes how organizations might best understand and employ the concept of sexual misconduct.
The Perils Of Poverty: Prostitutes' Rights, Police Misconduct, And Poverty Law, Ray Kuszelewski, Dianne L. Martin
The Perils Of Poverty: Prostitutes' Rights, Police Misconduct, And Poverty Law, Ray Kuszelewski, Dianne L. Martin
Osgoode Hall Law Journal
This article is divided in two parts. In Part I, Ray Kuszelewski details the history of setbacks in representing street prostitutes faced by community-based initiatives at Parkdale Community Legal Services (PCLS). It is a personal, anecdotal, account of the clinic's evolutionary role in tackling the perils of poverty for street prostitutes. In Part II, Dianne Martin complements the first section by addressing the specific problem of police misconduct. The commentary is historical and theoretical in examining prior efforts at reform and argues for the development of a new, collaborative approach. The context is local and particularized in a community legal …
A Straight Word On Sex For The United States Armed Forces, Ibpp Editor
A Straight Word On Sex For The United States Armed Forces, Ibpp Editor
International Bulletin of Political Psychology
This article presents aspects of a policy on sexuality that will support "good order and discipline," "character," and other hypothetical constructs allegedly associated with a military's contribution to the security of its sponsors. (For a related article see "Sex as a Military Weapon" in IBPP Vol. 1, No. 14, February 28,1997.)
The "Defense Of Marriage Act" And Authoritarian Morality, Alec Walen
The "Defense Of Marriage Act" And Authoritarian Morality, Alec Walen
William & Mary Bill of Rights Journal
The "Defense of Marriage Act" has defined marriage at the federal level for the purpose of denying recognition to same-sex marriages. It thereby perpetuates the unequal treatment of homosexuals, and does so by denying them a fundamental right-the right to marry. In this Essay, Dr. Walen examines the wide range of justifications offered in Congress for this law. Six categories of argument are assessed: (1) politics and economics, (2) history and tradition, (3) religion, (4) the essential nature of marriage and the family, (5) social.decay, and (6) morality. Walen concludes that none of the justifications prove to be adequate to …
Regulating Sexually Oriented Businesses: The Regulatory Uncertainties Ofa "Regime Of Prohibition By Indirection" And The Obscenity Doctrine's Communal Solution, Daniel J. Mcdonald
Regulating Sexually Oriented Businesses: The Regulatory Uncertainties Ofa "Regime Of Prohibition By Indirection" And The Obscenity Doctrine's Communal Solution, Daniel J. Mcdonald
BYU Law Review
No abstract provided.
Bottoms Iii: Visitation Restrictions And Sexual Orientation, Joseph R. Price
Bottoms Iii: Visitation Restrictions And Sexual Orientation, Joseph R. Price
William & Mary Bill of Rights Journal
In 1994, national media attention focused on the Virginia case Bottoms v. Bottoms, in which Kay Bottoms successfully fought to terminate her lesbian daughter Sharon's custody of Sharon's son, Tyler. Although the Court of Appeals of Virginia reversed the trial court's award of custody to Kay Bottoms, the Supreme Court of Virginia reversed the appellate court and returned custody to Tyler's grandmother. Sharon then sought modification of the visitation and custody order, but the trial court denied her petition and instead reduced and further restricted her visitation rights. In Bottoms III, the Court of Appeals of Virginia reversed the trial …
Democracy, Kulturkampf, And The Apartheid Of The Closet, William N. Eskridge, Jr.
Democracy, Kulturkampf, And The Apartheid Of The Closet, William N. Eskridge, Jr.
Vanderbilt Law Review
In the generation after World War 2 (1945-69), homosexual intimacy was a serious crime in Colorado and other states, as was any kind of "lewdness" or homosexual solicitation; people suspected of being homosexual were routinely dismissed from federal, state, and private employment.' In the generation after Stonewall (1969-97), Colorado's legislature repealed the state's consensual sodomy law, and the governor by executive order prohibited state employment discrimination on the basis of sexual orientation. The cities of Aspen, Boulder, and Denver enacted ordinances prohibiting private sexual orientation discrimination in housing, employment, education, public accommodations, and health and welfare services. In 1992, the …
Fighting Anti-Gay Abuse In Schools: The Opening Appellate Brief Of Plaintiff Jamie Nabozny In Nabozny V. Podlesny, Patricia M. Logue, David S. Buckel
Fighting Anti-Gay Abuse In Schools: The Opening Appellate Brief Of Plaintiff Jamie Nabozny In Nabozny V. Podlesny, Patricia M. Logue, David S. Buckel
Michigan Journal of Gender & Law
In Nabozny v. Podlesny, 92 F.3d 446 (7th Cir. 1996), a case of first impression, the Seventh Circuit Court of Appeals recognized the constitutional right of a gay male public school student to equal protection from anti-gay harassment and assaults. The court held that Jamie Nabozny had stated equal protection claims against his school district and three school principals for gender and sexual orientation discrimination based on allegations that, because he is gay and a boy, defendants had failed to afford him the same kinds of protection given to other harassed students. At trial on remand a jury found …
Doma: An Unconstitutional Establishment Of Fundamentalist Christianity, James M. Donovan
Doma: An Unconstitutional Establishment Of Fundamentalist Christianity, James M. Donovan
Michigan Journal of Gender & Law
According to the text of the Act, DOMA's purposes are "to define and protect the institution of marriage," where marriage is defined to exclude same-sex partners. To be constitutionally valid under the Establishment Clause, this notion that heterosexual marriages require "protection" from gay and lesbian persons must spring from a secular and not religious source. This Article posits that DOMA has crossed this forbidden line between the secular and the religious. DOMA, motivated and supported by fundamentalist Christian ideology, and lacking any genuine secular goals or justifications, betrays the Establishment Clause of the U.S. Constitution.
Naming The Grotesque Body In The "Nascent Jurisprudence Of Transsexualism", Richard F. Storrow
Naming The Grotesque Body In The "Nascent Jurisprudence Of Transsexualism", Richard F. Storrow
Michigan Journal of Gender & Law
After a description of an analytical framework constructed of theories drawn from the writings of Mikhail Bahktin, Roland Barthes, and Sigmund Freud, this Article discusses the discrepancies in courts' use of medical authority in cases considering the rights of transsexuals and then analyzes courts' ultimate refusal to recognize transsexuals' psychological sex. The thrust of this Article is an examination of the forces compelling such inconsistencies. The result is an analysis which interweaves medical, juridical, psychological and mythic perspectives to disclose the underpinnings of courts' antipathy toward transsexuals.
Equality Under The Law Or Annihilation Of Marriage And Morals? The Same-Sex Marriage Debate, Germaine Winnick Willett
Equality Under The Law Or Annihilation Of Marriage And Morals? The Same-Sex Marriage Debate, Germaine Winnick Willett
Indiana Law Journal
No abstract provided.
Romer V. Evans: A Positive Portent Of The Future, Micah R. Onixt
Romer V. Evans: A Positive Portent Of The Future, Micah R. Onixt
Loyola University Chicago Law Journal
No abstract provided.
Honesty, Privacy, And Shame: When Gay People Talk About Other Gay People To Nongay People, David L. Chambers, Steven K. Homer
Honesty, Privacy, And Shame: When Gay People Talk About Other Gay People To Nongay People, David L. Chambers, Steven K. Homer
Michigan Journal of Gender & Law
There is a longstanding convention among lesbians and gay men in the United States: Do not reveal the sexuality of a gay person to a heterosexual person; unless you are certain that the gay person does not regard his sexuality as a secret. Lie if necessary to protect her secret. Violating the convention by "outing" another person is widely considered a serious social sin.
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Touro Law Review
No abstract provided.