Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Law and Society (2)
- Sexuality and the Law (2)
- American freudians (1)
- Bowers v. hardwick (1)
- Civil Rights (1)
-
- Class Analysis (1)
- Constitutional Law (1)
- Culture wars (1)
- Domination (1)
- Don't ask don't tell (1)
- Economics (1)
- Empirical Tests of Moral Theory (1)
- Equal Protection (1)
- Equality (1)
- Essentialism (1)
- Ex-gay (1)
- Federalism (1)
- Foucault (1)
- Gay (1)
- Gay gene (1)
- Gay liberation (1)
- General Law (1)
- Havelock ellis (1)
- History (1)
- History of sexuality (1)
- Homosexuality (1)
- Human Rights Law (1)
- Inversion (1)
- Inverts (1)
- Judicial Process (1)
Articles 1 - 4 of 4
Full-Text Articles in Constitutional Law
How State Supreme Courts Take Consequences Into Account: Toward A State-Centered Understanding Of State Constitutionalism, Neal Devins
Neal E. Devins
No abstract provided.
On Equality: The Anti-Interference Principle, Donald J. Kochan
On Equality: The Anti-Interference Principle, Donald J. Kochan
Donald J. Kochan
This Essay introduces the “Anti-Interference Principle” – a new term on the meaning of equality, or at least one not yet so-named in the equality lexicon – as a necessary foundation for achieving the goal of true equality. Equality has a long-standing place in the discussion of politics and jurisprudence and remains a struggle of definition today. Rather than rehash the mass of scholarship, this Essay seeks to summarize the general equality concept, and propose that the legal discourse on equality center on a requirement that governmental power must protect and respect equal treatment and opportunity, unconstrained, not equal outcomes. …
Science, Identity, And The Construction Of The Gay Political Narrative, Nancy J. Knauer
Science, Identity, And The Construction Of The Gay Political Narrative, Nancy J. Knauer
Nancy J. Knauer
This Article contends that the current debate over gay civil rights is, at base, a dispute over the nature of same-sex desire. Pro-gay forces advocate an ethnic or identity model of homosexuality based on the conviction that sexual orientation is an immutable, unchosen, and benign characteristic. The assertion that, in essence, gays are "born that way," has produced a gay political narrative that rests on claims of shared identity (i.e., homosexuals are a blameless minority) and arguments of equivalence (i.e., as a blameless minority, homosexuals deserve equal treatment and protection against discrimination). The pro-family counter-narrative is based on a behavioral …
Relativism, Reflective Equilibrium, And Justice, Justin Schwartz
Relativism, Reflective Equilibrium, And Justice, Justin Schwartz
Justin Schwartz
THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.
The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …