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Full-Text Articles in Sexuality and the Law

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Rape By Fraud: Eluding Washington Rape Statutes, Michael Mullen Jun 2018

Rape By Fraud: Eluding Washington Rape Statutes, Michael Mullen

Seattle University Law Review

Existing Washington law does not sufficiently safeguard its citizens from “rape by fraud,” an action whereby a person obtains sexual consent and has sexual intercourse of any type by fraud, deception, misrepresentation, or impersonation. Rape by fraud is a form of sexual predation not always prosecutable under existing Washington law. In recent years, twelve states have adopted expanded rape by fraud statutory provisions. Presently, Washington’s rape statutes lack the expansive rape by fraud statutory language adopted by these twelve states. A recent sexual scam in Seattle has revealed holes in Washington’s rape statutes. This Note examines the history ...


"Playing It Safe" With Empirical Evidence: Selective Use Of Social Science In Supreme Court Cases About Racial Justice And Marriage Equality, Russell K. Robinson, David M. Frost Jun 2018

"Playing It Safe" With Empirical Evidence: Selective Use Of Social Science In Supreme Court Cases About Racial Justice And Marriage Equality, Russell K. Robinson, David M. Frost

Northwestern University Law Review

This Essay seeks to draw connections between race, sexual orientation, and social science in Supreme Court litigation. In some respects, advocates for racial minorities and sexual minorities face divergent trajectories. Among those asserting civil rights claims, LGBT rights claimants have been uniquely successful at the Court ever since Romer v. Evans in the mid-1990s. During this period, advocates for racial minorities have fought to preserve earlier victories in cases such as Regents of the University of California v. Bakke and have failed to overturn precedents that strictly limit equal protection possibilities, such as McCleskey v. Kemp. Nonetheless, we argue that ...


The Naked Truth: Insufficient Coverage For Revenge Porn Victims At State Law And The Proposed Federal Legislation To Adequately Redress Them, Meghan Fay May 2018

The Naked Truth: Insufficient Coverage For Revenge Porn Victims At State Law And The Proposed Federal Legislation To Adequately Redress Them, Meghan Fay

Boston College Law Review

The distribution of revenge porn is a cyber-bullying phenomenon that has proliferated on the Internet. The nonconsensual sharing of sexually explicit photographs and videos causes irreparable harm to revenge porn victims. The current state of the law, however, does little to redress the damage. Tort claims are often unsuccessful because many victims do not have the resources necessary to initiate a lawsuit. Furthermore, federal law grants operators of revenge porn websites immunity from state tort claims. In an effort to fill this gap in the law, many states have made changes or additions to their criminal statutes. To date, thirty-eight ...


A Kentucky Town Votes Against A Culture War Rematch, Campbell Robertson May 2018

A Kentucky Town Votes Against A Culture War Rematch, Campbell Robertson

Media Collection

No abstract provided.


Gay Man Denied Marriage License By Kim Davis Loses Bid To Challenge Her For Kentucky County Clerkship, Mahita Gajanan May 2018

Gay Man Denied Marriage License By Kim Davis Loses Bid To Challenge Her For Kentucky County Clerkship, Mahita Gajanan

Media Collection

No abstract provided.


Man Denied Marriage License By Kim Davis Loses Primary Bid, Will Not Face Her In Fall, Will Wright May 2018

Man Denied Marriage License By Kim Davis Loses Primary Bid, Will Not Face Her In Fall, Will Wright

Media Collection

No abstract provided.


Caudill To Face Davis This November, The Morehead News May 2018

Caudill To Face Davis This November, The Morehead News

Media Collection

No abstract provided.


Amy Schumer, Susan Sarandon Give Cqsh To Kim Davis' Would-Be Opponent, Andrew Wlfoson May 2018

Amy Schumer, Susan Sarandon Give Cqsh To Kim Davis' Would-Be Opponent, Andrew Wlfoson

Media Collection

No abstract provided.


Kim Davis Denied His Marriage License. Will Voters Let Him Try To Oust Her?, Will Wright May 2018

Kim Davis Denied His Marriage License. Will Voters Let Him Try To Oust Her?, Will Wright

Media Collection

No abstract provided.


Custody Rights Of Same-Sex Couples In The United States V. Chile: More Progress Needed, Isabel Jolicoeur May 2018

Custody Rights Of Same-Sex Couples In The United States V. Chile: More Progress Needed, Isabel Jolicoeur

University of Miami Inter-American Law Review

No abstract provided.


Candidate Forum: County Clerk, Brad Stacy May 2018

Candidate Forum: County Clerk, Brad Stacy

Media Collection

No abstract provided.


Lgbt Equality And Sexual Racism, Russell K. Robinson, David M. Frost May 2018

Lgbt Equality And Sexual Racism, Russell K. Robinson, David M. Frost

Fordham Law Review

Bigots such as the trial judge in Loving have long invoked religion to justify discrimination. We agree with other scholars that neither religion nor artistic freedom justifies letting businesses discriminate. However, we also want to make manifest the tension between the public posture of LGBT-rights litigants and the practices of some LGBT people who discriminate based on race in selecting partners. We argue that some white people’s aversion to dating and forming relationships with people of color is a form of racism, and this sexual racism is inconsistent with the spirit of Loving. Part I provides a review of ...


Race For County Clerk Including Gay Man Denied Marriage License By Kim Davis Gets Lots Of Attention, Weku May 2018

Race For County Clerk Including Gay Man Denied Marriage License By Kim Davis Gets Lots Of Attention, Weku

Media Collection

No abstract provided.


From Marriage Equality To Amazon: Marek Bute, Rwu Class Of 2005 (May 2018), Roger Williams University School Of Law May 2018

From Marriage Equality To Amazon: Marek Bute, Rwu Class Of 2005 (May 2018), Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Enemy And Ally: Religion In Loving V. Virginia And Beyond, Leora F. Eisenstadt May 2018

Enemy And Ally: Religion In Loving V. Virginia And Beyond, Leora F. Eisenstadt

Fordham Law Review

Throughout the Loving case, religion appeared both overtly and subtly to endorse or lend credibility to the arguments against racial mixing. This use of religion is unsurprising given that supporters of slavery, white supremacy, and segregation have, for decades, turned to religion to justify their ideologies. Although these views are no longer mainstream, they have recently appeared again in arguments against same-sex marriage and gay and transgender rights generally. What is remarkable in the Loving case, however, is an alternate use of religion, not to justify white supremacy and segregation but instead to highlight the irrationality of its supporters’ claims ...


Medico-Legal Collaboration Regarding The Sex Offender: Othering And Resistance, Mary Lay Schuster, Brian Larson, Amy D. Propen Apr 2018

Medico-Legal Collaboration Regarding The Sex Offender: Othering And Resistance, Mary Lay Schuster, Brian Larson, Amy D. Propen

Brian Larson

We examined medico-legal collaboration regarding dangerous sex offenders where state legislators have adopted statutes that determine the criteria for commitment to and discharge from civil commitment programs. The application of these statutes relies on medical diagnoses of pathologies such as paraphilia, anti-social personality disorder, and pedophilia along with prognoses for cure or recidivism. In our study, we examined court opinions from commitment hearings and observed a trial in federal court on the constitutionality of these commitments. We found that one result of this medico-legal collaboration is the marginalization or othering of sex offenders by essentializing, dividing, shaming, and impeaching them ...


Drawing The Line: The Jurisprudence Of Non-Consensual Pornography And The Implications Of Kanye West’S Famous Music Video, Karla Utset Apr 2018

Drawing The Line: The Jurisprudence Of Non-Consensual Pornography And The Implications Of Kanye West’S Famous Music Video, Karla Utset

University of Miami Law Review

In June 2016, American rapper Kanye West premiered the music video for Famous from his seventh studio album “The Life of Pablo.” West’s Famous music video, inspired by Vincent Desiderio’s painting Sleep, features nude replications of several celebrities lying together on a bed. The cinematography is voyeuristic, with one journalist describing the video as “predatory.” In making and publicizing the infamous music video, West failed to seek and acquire the consent of several of the individuals featured. The production received both considerable praise and backlash from artists, critics, and the celebrities depicted.

This Note discusses the jurisprudence of ...


The Normalization Of Prostitution In Switzerland: The Origin Of Policies, Corinne Isler, Marjut Jyrkinen Apr 2018

The Normalization Of Prostitution In Switzerland: The Origin Of Policies, Corinne Isler, Marjut Jyrkinen

Dignity: A Journal on Sexual Exploitation and Violence

In this article, we examine how socio-political actors frame prostitution and problems attached to the phenomenon and what types of policies they suggest. The sex trade in Switzerland has been tolerated since 1942, and prostitution is protected under the economic freedom guaranteed by the Swiss constitution. Any critique of prostitution is viewed as counterproductive, claimed to be rooted in old-fashioned ideas about sexuality and thought to worsen the situation for women who sell sex. The role of sex buyers is largely obscured, and the presumed right to buy sex remains unquestioned.


Sex And Religion: Unholy Bedfellows, Mary-Rose Papandrea Apr 2018

Sex And Religion: Unholy Bedfellows, Mary-Rose Papandrea

Michigan Law Review

A review of Geoffrey R. Stone, Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century.


Reimagining Justice For Gender-Based Crimes At The Margins: New Legal Strategies For Prosecuting Isis Crimes Against Women And Lgbtiq Persons, Lisa Davis Mar 2018

Reimagining Justice For Gender-Based Crimes At The Margins: New Legal Strategies For Prosecuting Isis Crimes Against Women And Lgbtiq Persons, Lisa Davis

William & Mary Journal of Women and the Law

No abstract provided.


Gender Violence And Human Rights In An Era Of Backlash, Julie Goldscheid Mar 2018

Gender Violence And Human Rights In An Era Of Backlash, Julie Goldscheid

William & Mary Journal of Women and the Law

This Article brings the lens of civil cases seeking accountability for gender violence to the question of how international human rights decisions interpret gender and gender norms. It argues that a broad interpretation of gender is particularly critical as we face increasing backlash globally. It demonstrates how international human rights decisions assessing state responses to gender violence recognize the role of historic gender biases and stereotypes in holding states to account for redressing discriminatory responses to abuse, and considers structural limitations in those instruments that could impede those instruments’ transformative reach.


Fifty Shades And Fifty States: Is Bdsm A Fundamental Right? A Test For Sexual Privacy, Elizabeth Mincer Mar 2018

Fifty Shades And Fifty States: Is Bdsm A Fundamental Right? A Test For Sexual Privacy, Elizabeth Mincer

William & Mary Bill of Rights Journal

No abstract provided.


Ethical Considerations Of Ovarian And Testicular Tissue Cryopreservation In Pre-Pubertal Children Who Cannot Assent, Katarina Lee Mar 2018

Ethical Considerations Of Ovarian And Testicular Tissue Cryopreservation In Pre-Pubertal Children Who Cannot Assent, Katarina Lee

Law & Inequality: A Journal of Theory and Practice

No abstract provided.


Law Library Blog (March 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law Mar 2018

Law Library Blog (March 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Sadomasochism: Descent Into Darkness, Annotated Accounts Of Cases, 1996-2014, Robert Peters Mar 2018

Sadomasochism: Descent Into Darkness, Annotated Accounts Of Cases, 1996-2014, Robert Peters

Dignity: A Journal on Sexual Exploitation and Violence

A collection of accounts of sadomasochistic sexual abuse from news reports and scholarly and professional sources about the dark underbelly of sadomasochism and the pornography that contributes to it. It focuses on crimes and other harmful sexual behavior related to the pursuit of sadistic sexual pleasure in North America and the U.K. It is intended to be a resource to educate people about how sadomasochism can lead to harmful and even deadly sadistic sexual behavior.


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Tik Tok: Time To Eradicate Sexual Assault In The Music Industry Through The Implied Covenant Of Good Faith And Fair Dealing, Chanel Chasanov Feb 2018

Tik Tok: Time To Eradicate Sexual Assault In The Music Industry Through The Implied Covenant Of Good Faith And Fair Dealing, Chanel Chasanov

DePaul Journal of Women, Gender and the Law

No abstract provided.


Intersectionality As An Institution: Changing The Definition Of Feminism, Holly Sanchez Perry Esq. Feb 2018

Intersectionality As An Institution: Changing The Definition Of Feminism, Holly Sanchez Perry Esq.

DePaul Journal of Women, Gender and the Law

No abstract provided.


What Judges Need To Know: Schemas, Implicit Bias, And Empirical Research On Lgbt Parenting And Demographics, Todd Brower Feb 2018

What Judges Need To Know: Schemas, Implicit Bias, And Empirical Research On Lgbt Parenting And Demographics, Todd Brower

DePaul Journal of Women, Gender and the Law

No abstract provided.