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Articles 1 - 4 of 4
Full-Text Articles in Law
Sexual Reorientation, Elizabeth M. Glazer
Sexual Reorientation, Elizabeth M. Glazer
Elizabeth M Glazer
Bisexuals have been invisible for at least ten years. Ten years ago, Kenji Yoshino wrote about the “epistemic contract of bisexual erasure,” the tacit agreement between both homosexuals and heterosexuals to erase bisexuals. Though legal scholarship has addressed bisexuality only in rare moments, Yoshino’s epistemic contract of erasure answered Ruth Colker’s earlier call for a “bi jurisprudence” and explained why the “vast and vastly unacknowledged wall between heterosexual and homosexual identities” that Naomi Mezey identified has been so “vigilantly maintained.” While the tenth anniversary of the publication of Yoshino’s article is reason enough to revisit the topic of bisexual erasure, …
(F)Linging (I)Ndispensible (F)Reedoms (A)Side: Why Fifa's "6+5" Will Not Survive, Michael Levinson
(F)Linging (I)Ndispensible (F)Reedoms (A)Side: Why Fifa's "6+5" Will Not Survive, Michael Levinson
University of Miami International and Comparative Law Review
No abstract provided.
Preempting Discrimination: Lessons From The Genetic Information Nondiscrimination Act, Jessica L. Roberts
Preempting Discrimination: Lessons From The Genetic Information Nondiscrimination Act, Jessica L. Roberts
Vanderbilt Law Review
The Genetic Information Nondiscrimination Act ("GINA'), enacted in May 2008, protects individuals against discrimination by insurance companies and employers on the basis of genetic information. GINA is not only the first civil rights law of the new millennium, but it is also the first preemptive antidiscrimination statute in American history. Traditionally, Congress has passed retrospective antidiscrimination legislation, reacting to existing discriminatory regimes. However, little evidence indicates that genetic-information discrimination is currently taking place on a significant scale. Thus, unlike the laws of the twentieth century, GINA attempts to eliminate a new brand of discrimination before it takes hold. This Article …
How The Biological/Social Divide Limits Disability And Equality, Martha T. Mccluskey
How The Biological/Social Divide Limits Disability And Equality, Martha T. Mccluskey
Journal Articles
What is disability - a biological or social condition? In the conventional equality frameworks, the division between biology and social identity puts disability at the bottom of the formal equality hierarchy, but at the top of the substantive equality hierarchy. Compared with race and then gender, disability deserves the least protection against formal discrimination, on the theory that disadvantages are based on real and relevant functional differences more than on suspect social judgments. But turning to substantive equality, disability’s supposed greater biological basis justifies affirmative accommodation of difference, compared to the social differences of race, with gender in the middle …