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Articles 1 - 12 of 12
Full-Text Articles in Law and Gender
The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw
The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw
Scott Titshaw
Much has been written about the possible effects on different-sex marriage of legally recognizing same-sex marriage. This article looks at the defense of marriage from a different angle: It shows how rejecting same-sex marriage results in political compromise and the proliferation of “marriage light” alternatives (e.g., civil unions, domestic partnerships, or reciprocal beneficiaries) that undermine the unique status of marriage for everyone. In the process, it examines several aspects of the marriage debate in detail. After describing the flexibility of marriage as it has evolved over time, the article focuses on recent state constitutional amendments attempting to stop further development. …
Towards Determining Legal Parentage By Agreement In Israel, Yehezkel Margalit
Towards Determining Legal Parentage By Agreement In Israel, Yehezkel Margalit
Hezi Margalit
In Israel as in other parts of the world, families, parenthood, and relations between parents and children have changed dramatically over the past few decades. So, too, developments in modern medicine have enhanced the ability to separate sexuality from fertility and parenthood. Many researchers feel that the legal system has not kept pace with these changes, and that traditional models of familial relationships no longer provide adequate tools for dealing with them. In order to bridge the gap between a desired social status and current law, a growing number of parents seek to regulate the status, rights, and obligations of …
Determining Legal Parenthood By Agreement As A Possible Solution To The Challenges Of The New Era, Yehezkel Margalit
Determining Legal Parenthood By Agreement As A Possible Solution To The Challenges Of The New Era, Yehezkel Margalit
Hezi Margalit
Over the past decades, we witnessed changes in the matrimonial and parenting institutions. Medical innovations have further created ethical-legal dilemmas. It is, therefore, essential to create a theory and framework that will determine ways to deal with the resulting dilemma in a fully developed manner. This paper surveys the current, conflicting shifts in family structure and the definition of legal parenthood. In it, I deal with the importance and various aspects of defining legal parenthood. I will also focus on the singularity of this dilemma as it is increasingly apparent in the various fertility treatments. I present the sociological-legal roots …
Profundizando La Igualdad Desde La Orientación Sexual: A Propósito De La Sentencia De La Corte Interamericana De Derechos Humanos Del Caso Karen Atala E Hijas Contra Chile, Beatriz Ramirez, Jeannette Llaja
Profundizando La Igualdad Desde La Orientación Sexual: A Propósito De La Sentencia De La Corte Interamericana De Derechos Humanos Del Caso Karen Atala E Hijas Contra Chile, Beatriz Ramirez, Jeannette Llaja
Beatriz Ramirez
Feminism Unmodified [Book Review], Dan Danielsen
Feminism Unmodified [Book Review], Dan Danielsen
Dan Danielsen
This article is a book review of "Feminism Unmodified" by Catherine A. MacKinnon, Cambridge: Harvard University Press, 1987.
Adultery By Doctor: Artificial Insemination, 1890–1945, Kara W. Swanson
Adultery By Doctor: Artificial Insemination, 1890–1945, Kara W. Swanson
Kara W. Swanson
In 1945, American judges decided the first court cases involving assisted conception. The challenges posed by assisted reproductive technologies to law and society made national news then, and have continued to do so into the twenty-first century. This article considers the first technique of assisted conception, artificial insemination, from the late nineteenth century to 1945, the period in which doctors and their patients worked to transform it from a curiosity into an accepted medical technique, a transformation that also changed a largely clandestine medical practice into one of the most pressing medicolegal problems of the mid-twentieth century. Doctors and lawyers …
Penny Wise But Pound Foolish In The Heartland: A Case Study Of Decriminalizing Domestic Violence In Topeka, Kansas, Shelley Santry
Penny Wise But Pound Foolish In The Heartland: A Case Study Of Decriminalizing Domestic Violence In Topeka, Kansas, Shelley Santry
Shelley M. Santry
Aging In The United States: Rethinking Justice, Equality, And Identity Across The Lifespan, Nancy J. Knauer
Aging In The United States: Rethinking Justice, Equality, And Identity Across The Lifespan, Nancy J. Knauer
Nancy J. Knauer
Our current aging policies and procedures raise profound questions of individual liberty, autonomy, and equality. Guardianship regimes require the state to balance the interests of vulnerable adults with their right to self-determination. The proliferation of age-specific laws designed to protect elders may actually compromise the civil rights of older individuals by denying their autonomy based solely on their age. The regulation of intimacy in long-term care settings infringes on a core liberty interest essential to human dignity. This essay introduces a new body of work that specifically addresses the civil rights aspects of aging. In many ways, aging represents the …
Relational Malpractice, Sagit Mor, Orna Rabinovich-Einy
Relational Malpractice, Sagit Mor, Orna Rabinovich-Einy
Sagit Mor
Legal scholarship in recent decades has devoted considerable attention to the "malpractice crisis." Surprisingly, however, the vast majority of this literature has overlooked a fundamental aspect of the problem: the deterioration of the doctor-patient relationship. So far, mainstream legal writing on malpractice has tended to frame the situation as either an insurance crisis or a litigation crisis. Although others have acknowledged that the current malpractice regime has negatively affected the doctor patient relationship, they have narrowly framed the scope of the problem, focusing on the aftermath of a medical error. We argue that contemporary doctor-patient interactions often resemble a battle …
'We Have The Right Not To Be "Rescued"…': When Anti-Trafficking Programmes Undermine The Health And Well-Being Of Sex Workers (Peer-Reviewed), Aziza Ahmed, Meena Seshu
'We Have The Right Not To Be "Rescued"…': When Anti-Trafficking Programmes Undermine The Health And Well-Being Of Sex Workers (Peer-Reviewed), Aziza Ahmed, Meena Seshu
Aziza Ahmed
No abstract provided.
Two Truths And A Lie: In Re John Z. And Other Stories At The Juncture Of Teen Sex & The Law, Michelle Oberman
Two Truths And A Lie: In Re John Z. And Other Stories At The Juncture Of Teen Sex & The Law, Michelle Oberman
Michelle Oberman
Laws governing adolescent sexuality are incoherent and chaotically enforced, and legal scholarship on the subject neither addresses nor remedies adolescents’ vulnerability in sexual encounters. To posit a meaningful relationship between the criminal law and adolescent sexual encounters, one must examine what we know about adolescent sexuality from both the academic literature and the adults who control the criminal justice response to such interactions. This article presents an in-depth study of In re John Z., a 2003 rape prosecution involving two seventeen-year-olds. Using this case, I explore the implications of the prosecution by interviewing a variety of experts and analyzing the …
Respectable Queerness, Yuvraj Joshi
Respectable Queerness, Yuvraj Joshi
Yuvraj Joshi
This Article proposes a new theoretical framework to understand public recognition of gay people and relationships. This framework—called “respectable queerness”—suggests that public recognition of gay people and relationships is contingent upon their acquiring a respectable social identity that is actually constituted by public performances of respectability and by privately queer practices. The challenges posed by such recognition include dissonance between one’s public and private selves and fuelling moralism and entrenching divisions between different queer constituencies.