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Articles 1 - 17 of 17
Full-Text Articles in Sexuality and the Law
In Windsor'S Wake: Section 2 Of Doma's Defense Of Marriage At The Expense Of Children, Tanya Washington
In Windsor'S Wake: Section 2 Of Doma's Defense Of Marriage At The Expense Of Children, Tanya Washington
Tanya Monique Washington
No abstract provided.
The "F" Factor: Fineman As Method And Substance, Nancy Dowd
The "F" Factor: Fineman As Method And Substance, Nancy Dowd
Nancy Dowd
In this book review, Professor Dowd reviews Feminist and Queer Legal Theory: Intimate Encounters, Uncomfortable Conversations, edited by Martha Albertson Fineman, Jack E. Johnson, and Adam P. Romero (2009). Professor Dowd exposes the particular impact of the “F” factor by first describing the contributions of this volume and then exploring the methodological and substantive aspects of the “F” factor.
Ban Harms Georgia Kids, Tanya Washington
Ban Harms Georgia Kids, Tanya Washington
Tanya Monique Washington
No abstract provided.
Throwing Black Babies Out With The Bathwater: A Child-Centered Challenge To Same-Sex Adoption Bans, Tanya Washington
Throwing Black Babies Out With The Bathwater: A Child-Centered Challenge To Same-Sex Adoption Bans, Tanya Washington
Tanya Monique Washington
No abstract provided.
Once Born, Twice Orphaned: Children's Constitutional Case Against Same-Sex Adoption Bans, Tanya Washington
Once Born, Twice Orphaned: Children's Constitutional Case Against Same-Sex Adoption Bans, Tanya Washington
Tanya Monique Washington
No abstract provided.
Suffer Not The Little Children: Prioritizing Children's Rights In Constitutional Challenges To "Same-Sex Adoption Bans", Tanya Washington
Suffer Not The Little Children: Prioritizing Children's Rights In Constitutional Challenges To "Same-Sex Adoption Bans", Tanya Washington
Tanya Monique Washington
No abstract provided.
What About The Children? Child-Centered Challenges To Same-Sex Marriage Bans, Tanya Washington
What About The Children? Child-Centered Challenges To Same-Sex Marriage Bans, Tanya Washington
Tanya Monique Washington
No abstract provided.
Wimberly And Beyond: Analyzing The Refusal To Award Unemployment Compensation To Women Who Terminate Prior Employment Due To Pregnancy, Mary F. Radford
Wimberly And Beyond: Analyzing The Refusal To Award Unemployment Compensation To Women Who Terminate Prior Employment Due To Pregnancy, Mary F. Radford
Mary F. Radford
In Wimberly v. Labor & Industrial Relations Commission, the Supreme Court interpreted section 3304(a)(12) of the Federal Unemployment Tax Act (FUTA), which requires that states not dent unemployment benefits "solely on the basis of pregnancy," as an antidiscrimination statue, rather that one requiring preferential treatment for pregnant and formerly pregnant women. Professor Mary Radford argues that given the ambiguous legislative history and other Supreme Court precedent in the area of unemployment compensation, Wimberly could just as easily have held that FUTA's language requires preferential treatment to pregnant and formerly pregnant women. She further argues that given the current realities that …
Post-Mortem Sperm Retrieval And The Social Security Administration: How Modern Reproductive Technology Makes Strange Bedfellows, Mary F. Radford
Post-Mortem Sperm Retrieval And The Social Security Administration: How Modern Reproductive Technology Makes Strange Bedfellows, Mary F. Radford
Mary F. Radford
This article was prepared in conjunction with the Thurgood Marshall School of Law March, 2009 symposium on "Emerging Issues in Estate Planning, Probate & Trust Law." The article examines a relatively new assisted reproduction technique through which the sperm of a man who has recently died is retrieved after his death, cryopreserved, and then later used by a woman (spouse, partner, or other) to produce a child. While much has been written about posthumously-conceived children (children conceived from sperm that were banked by the father while he was alive), there has to date been little examination of the ramifications of …
Punitive Injunctions, Nirej S. Sekhon
The Regulation Of Genetic Aspects Of Donated Reproductive Tissue - The Need For Federal Regulation, Yaniv Heled
The Regulation Of Genetic Aspects Of Donated Reproductive Tissue - The Need For Federal Regulation, Yaniv Heled
Yaniv Heled
It is estimated that egg and sperm donations account for more than 60,000 births every year in the United States. However, surprisingly, and despite common misconceptions, there are no federal requirements and barely any state requirements to screen and test sperm and egg donors for genetic diseases. The only nationwide standards for genetic screening and testing of donated reproductive tissue are guidelines created by professional organizations, but compliance with those guidelines is voluntary so they cannot be enforced effectively. Furthermore, the few reported cases involving children born from genetically-compromised reproductive tissue illustrate the court system’s failure to afford such children …
Transgender People, Intimate Partner Abuse, And The Legal System, Leigh S. Goodmark
Transgender People, Intimate Partner Abuse, And The Legal System, Leigh S. Goodmark
Leigh S. Goodmark
The unique experiences of transgender persons subjected to abuse have not been the focus of legal scholarship; instead, the experiences of transgender people are often subsumed in the broader discourse around domestic violence in the lesbian, gay, bisexual, and transgender (LGBT) community. This dearth of legal scholarship is not surprising given how little research of any kind exists on how transgender people experience intimate partner abuse. This is the first law review article to concentrate specifically on intimate partner abuse and the transgender community. The Article begins by discussing the difficulties of engaging in scholarship around this topic, noting the …
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
Jennifer Jackson
In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
Jennifer Jackson
In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …
Deprivative Recognition, Erez Aloni
Deprivative Recognition, Erez Aloni
Erez Aloni
Family law is now replete with proposals advocating for the legal recognition of nonmarital relationships: those between friends, relatives, unmarried intimate partners, and the like. The presumption underlying these proposals is that legal recognition is financially beneficial to partners. This assumption is sometimes wrong: Legal recognition of relationships can be harmful to unmarried partners--a reality whose impact on policy concerning regulation of nonmarital unions has not been explored. As this Article shows, a significant number of people benefit financially from nonrecognition of their relationships. While in most cases the state turns a blind eye to this financial gain, when it …
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
Jennifer Jackson
In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …
Deprivative Recognition, Erez L. Aloni
Deprivative Recognition, Erez L. Aloni
Erez Aloni
Family law is now replete with proposals advocating for the legal recognition of nonmarital relationships: those between friends, relatives, unmarried intimate partners, and the like. The presumption underlying these proposals is that legal recognition is financially beneficial to partners. This assumption is sometimes wrong: Legal recognition of relationships can be harmful to unmarried partners--a reality whose impact on policy concerning regulation of nonmarital unions has not been explored. As this Article shows, a significant number of people benefit financially from nonrecognition of their relationships. While in most cases the state turns a blind eye to this financial gain, when it …