Open Access. Powered by Scholars. Published by Universities.®

Sexuality and the Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 20 of 20

Full-Text Articles in Sexuality and the Law

The Sentiments Of Drag Performers On Anti-Drag Legislation: A Thematic Analysis, Brian D. Briggs Apr 2024

The Sentiments Of Drag Performers On Anti-Drag Legislation: A Thematic Analysis, Brian D. Briggs

Senior Theses

Since 2022, at least 21 states have considered, filed, or passed legislation with the goal of banning or limiting drag performances in public spaces or in the presence of minors. These pieces of legislation seek to suppress drag performances on the grounds that they appeal to sexual interests, and they even go as far as to claim that drag performers aim to groom and assault children at their performances. These claims are baseless and vastly misrepresent the true breadth of drag as a performance art and the positive messages it promotes, as well as suggest that bias against the LGBTQ+ …


Memories Of An Affirmative Action Activist, Margaret E. Montoya Jan 2024

Memories Of An Affirmative Action Activist, Margaret E. Montoya

Seattle University Law Review

Some twenty-five years ago, the Society of American Law Teachers (SALT) led a march supporting Affirmative Action in legal education to counter the spate of litigation and other legal prohibitions that exploded during the 1990s, seeking to limit or abolish race-based measures. The march began at the San Francisco Hilton Hotel, where the Association of American Law Schools (AALS) was having its annual meeting, and proceeded to Union Square. We, the organizers of the march, did not expect the march to become an iconic event; one that would be remembered as a harbinger of a new era of activism by …


Same Crime, Different Time: Sentencing Disparities In The Deep South & A Path Forward Under The Fourteenth Amendment, Hailey M. Donovan Jan 2024

Same Crime, Different Time: Sentencing Disparities In The Deep South & A Path Forward Under The Fourteenth Amendment, Hailey M. Donovan

Seattle University Law Review

The United States has the highest incarceration rate of any country in the world. The American obsession with crime and punishment can be tracked over the last half-century, as the nation’s incarceration rate has risen astronomically. Since 1970, the number of incarcerated people in the United States has increased more than sevenfold to over 2.3 million, outpacing both crime and population growth considerably. While the rise itself is undoubtedly bleak, a more troubling truth lies just below the surface. Not all states contribute equally to American mass incarceration. Rather, states have vastly different incarceration rates. Unlike at the federal level, …


How To Interpret The Securities Laws?, Zachary J. Gubler Jan 2024

How To Interpret The Securities Laws?, Zachary J. Gubler

Seattle University Law Review

In discussions of the federal securities laws, the SEC usually gets most of the attention. This makes some sense. After all, it is the agency charged with administrating the securities laws and regulating the industry as a whole. It makes the majority of the laws; it engages in enforcement actions; it reacts to crises; and it, or sometimes even its individual commissioners, intervene publicly in policy debates. Often overlooked in such discussion, however, is the role of the Supreme Court in shaping securities law, and a new book by Adam Pritchard and Robert Thompson demonstrates why this is an oversight. …


After Affirmative Action, Meera E. Deo Jan 2024

After Affirmative Action, Meera E. Deo

Seattle University Law Review

This is a time of crisis in legal education. In truth, we are in the midst of several crises. We are emerging from the COVID pandemic, a period of unprecedented upheaval where law students and law faculty alike struggled through physical challenges, mental health burdens, and decreased academic and professional success. The past few years also have seen a precipitous drop in applications to and enrollment in legal education. Simultaneously, students have been burdened with the skyrocketing costs of attending law school, taking on unmanageable levels of debt. And with the Supreme Court decision in SFFA v. Harvard, we are …


Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?, Steven A. Ramirez Jan 2024

Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?, Steven A. Ramirez

Seattle University Law Review

The Roberts Court holds a well-earned reputation for overturning Supreme Court precedent regardless of the long-standing nature of the case. The Roberts Court knows how to overrule precedent. In Students for Fair Admissions v. Harvard (SFFA), the Court’s majority opinion never intimates that it overrules Grutter v. Bollinger, the Court’s leading opinion permitting race-based affirmative action in college admissions. Instead, the Roberts Court applied Grutter as authoritative to hold certain affirmative action programs entailing racial preferences violative of the Constitution. These programs did not provide an end point, nor did they require assessment, review, periodic expiration, or revision for greater …


Religious Freedom And Diversity Missions: Insights From Jesuit Law Deans, Anthony E. Varona, Michèle Alexandre, Michael J. Kaufman, Madeleine M. Landrieu Jan 2024

Religious Freedom And Diversity Missions: Insights From Jesuit Law Deans, Anthony E. Varona, Michèle Alexandre, Michael J. Kaufman, Madeleine M. Landrieu

Seattle University Law Review

This Article is a transcript of a panel moderated by Anthony E. Varona, Dean of Seattle University School of Law. During the panel, Jesuit and religious law school deans discussed what law schools with religious missions have to add to the conversation around SFFA and the continuing role of affirmative action in higher education.


The Sffa V. Harvard Trojan Horse Admissions Lawsuit, Kimberly West-Faulcon Jan 2024

The Sffa V. Harvard Trojan Horse Admissions Lawsuit, Kimberly West-Faulcon

Seattle University Law Review

Affirmative-action-hostile admissions lawsuits are modern Trojan horses. The SFFA v. Harvard/UNC case—Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, et. al., decided jointly—is the most effective Trojan horse admissions lawsuit to date. Constructed to have the distractingly appealing exterior façade of a lawsuit seeking greater fairness in college admissions, the SFFA v. Harvard/UNC case is best understood as a deception-driven battle tactic used by forces waging a multi-decade war against the major legislative victories of America’s Civil Rights Movement, specifically Title VI and Title VII …


Going Forward: The Role Of Affirmative Action, Race, And Diversity In University Admissions And The Broader Construction Of Society, Steven W. Bender Jan 2024

Going Forward: The Role Of Affirmative Action, Race, And Diversity In University Admissions And The Broader Construction Of Society, Steven W. Bender

Seattle University Law Review

The third annual EPOCH symposium, a partnership between the Seattle University Law Review and the Black Law Student Association took place in late summer 2023 at the Seattle University School of Law. It was intended to uplift and amplify Black voices and ideas, and those of allies in the legal community. Prompted by the swell of public outcry surrounding ongoing police violence against the Black community, the EPOCH partnership marked a commitment to antiracism imperatives and effectuating change for the Black community. The published symposium in this volume encompasses some, but not all, the ideas and vision detailed in the …


Verses Turned To Verdicts: Ysl Rico Case Sets A High-Watermark For The Legal Pseudo-Censorship Of Rap Music, Nabil Yousfi Jan 2024

Verses Turned To Verdicts: Ysl Rico Case Sets A High-Watermark For The Legal Pseudo-Censorship Of Rap Music, Nabil Yousfi

Seattle University Law Review

Whichever way you spin the record, rap music and courtrooms don’t mix. On one side, rap records are well known for their unapologetic lyrical composition, often expressing a blatant disregard for legal institutions and authorities. On the other, court records reflect a Van Gogh’s ear for rap music, frequently allowing rap lyrics—but not similar lyrics from other genres—to be used as criminal evidence against the defendants who authored them. Over the last thirty years, this immiscibility has engendered a legal landscape where prosecutors wield rap lyrics as potent instruments for criminal prosecution. In such cases, color-blind courts neglect that rap …


We Shall Overcome: The Evolution Of Quotas In The Land Of The Free And The Home Of Samba, Stella Emery Santana Jan 2024

We Shall Overcome: The Evolution Of Quotas In The Land Of The Free And The Home Of Samba, Stella Emery Santana

Seattle University Law Review

When were voices given to the voiceless? When will education be permitted to all? When will we need to protest no more? It’s the twenty-first century, and the fight for equity in higher education remains a challenge to peoples all over the world. While students in the United States must deal with the increase in loans, in Brazil, only around 20% of youth between the ages of twenty-five and thirty-four have a higher education degree.

The primary objective of this Article is to conduct an in-depth comparative analysis of the development, implementation, and legal adjudication of educational quota systems within …


A Synthesis Of The Science And Law Relating To Eyewitness Misidentifications And Recommendations For How Police And Courts Can Reduce Wrongful Convictions Based On Them, Henry F. Fradella Jan 2023

A Synthesis Of The Science And Law Relating To Eyewitness Misidentifications And Recommendations For How Police And Courts Can Reduce Wrongful Convictions Based On Them, Henry F. Fradella

Seattle University Law Review

The empirical literature on perception and memory consistently demonstrates the pitfalls of eyewitness identifications. Exoneration data lend external validity to these studies. With the goal of informing law enforcement officers, prosecutors, criminal defense attorneys, judges, and judicial law clerks about what they can do to reduce wrongful convictions based on misidentifications, this Article presents a synthesis of the scientific knowledge relevant to how perception and memory affect the (un)reliability of eyewitness identifications. The Article situates that body of knowledge within the context of leading case law. The Article then summarizes the most current recommendations for how law enforcement personnel should—and …


New Hampshire Juvenile Sex Trafficking Survivor Urges Representatives To Vote Against Decriminalized Prostitution, Darlene Pawlik, Donna M. Hughes Dr. Feb 2017

New Hampshire Juvenile Sex Trafficking Survivor Urges Representatives To Vote Against Decriminalized Prostitution, Darlene Pawlik, Donna M. Hughes Dr.

Donna M. Hughes

I am a juvenile sex trafficking survivor. I was sold here in New Hampshire and other states as well. This is happening now too. Even with a law against prostitution, the more egregious elements are prevalent. Trafficking is not separate from prostitution, it is just the darker side of the very same coin. 


Sex Industry Advocates Aim To Decriminalize Prostitution In New Hampshire, Kelly Roy-Williams, Lisa Thompson, Donna M. Hughes Dr. Feb 2017

Sex Industry Advocates Aim To Decriminalize Prostitution In New Hampshire, Kelly Roy-Williams, Lisa Thompson, Donna M. Hughes Dr.

Donna M. Hughes

There is an organized effort in New Hampshire to fully decriminalize prostitution. What that means is that all laws controlling the buying and selling of sex will be removed from the law books, making prostitution legal. Law enforcement and public officials will then have no control over if, when, and where prostitution occurs, whether it’s in massage parlors (often called spas), hotels, apartments, residences, or strip clubs. Because commercial sex will be legal, pimps and “sex workers” will be able to freely advertise prostitution services. Pimps will be able to openly recruit women and girls into prostitution, without fear of …


The Citizens Were Heard, Donna M. Hughes Dr. Oct 2009

The Citizens Were Heard, Donna M. Hughes Dr.

Donna M. Hughes

Congratulations to the citizens of Rhode Island and national anti-trafficking advocates for the legislative victory in Rhode Island. This past week, the Rhode Island Assembly passed an unprecedented pieces of legislation that will protect victims from sex industry predators and give law enforcement the tools they need to arrest pimps, traffickers, and “johns.” 


Senators' Prostitution Bill Is A Sham, Donna M. Hughes Dr. Sep 2009

Senators' Prostitution Bill Is A Sham, Donna M. Hughes Dr.

Donna M. Hughes

RHODE ISLAND needs a good prostitution law to halt the metastasizing problems of prostitution and sex trafficking. The growing number of spas and clubs are sordid destinations for foreign women and teens from around the Northeast. To address this problem, both the House and the Senate have passed bills they claim “close the loophole.” But the competing bills are profoundly different in their probable effectiveness. 


Speak Your Voice On Prostitution Bill, Donna L. Landry, Donna M. Hughes Dr. Aug 2009

Speak Your Voice On Prostitution Bill, Donna L. Landry, Donna M. Hughes Dr.

Donna M. Hughes

Now is the time to speak your voice and urge your Senator to pass the House bill H5044A. Now is the time to close the loophole of indoor prostitution in Rhode Island. Negotiations are ongoing, so please write letters to your senator and circulate petitions now. 


Sex Radicals Target Rhode Island, Margaret Brooks, Donna M. Hughes Dr. Aug 2009

Sex Radicals Target Rhode Island, Margaret Brooks, Donna M. Hughes Dr.

Donna M. Hughes

Citizens Against Trafficking responds to the letter from 50 academics who support the status quo of decriminalized prostitution (indoors) in Rhode Island.On July 31, 2009, a letter co‐authored by Ronald Weitzer and Elizabeth Anne Wood and signed by 48 other “members of the academic community” was sent to the Rhode Island General
Assembly opposing any bill banning prostitution indoors.


The Obstructionism Of Senator Paul Jabour, Donna M. Hughes Dr. Jul 2009

The Obstructionism Of Senator Paul Jabour, Donna M. Hughes Dr.

Donna M. Hughes

“I am disappointed in the last minute amendments [to the prostitution bill]. For Senator Jabour “to suggest that after all we have suffered through, with the way we are perceived as a state and the [lack of] tools we need in a court room; to suggest that [prostitution] is a violation, something like a traffic ticket, is a woeful decision. [Jabour’s amendments] are “what derailed [the prostitution bill] in the last week.” – Attorney General Patrick Lynch, on Channel 10 News Conference, July 12, 2009

Against all logic and political wisdom, in the closing weeks of the Assembly session last …


Testimony On Human Trafficking Bill, Rhode Island Senate Judiciary Committee, Donna M. Hughes Dr. Jun 2009

Testimony On Human Trafficking Bill, Rhode Island Senate Judiciary Committee, Donna M. Hughes Dr.

Donna M. Hughes

 In 2007, the Rhode Island General Assembly passed an anti-human trafficking law. To date, there have been no prosecutions. There are three serious problems with the present Rhode Island law that need to be remedied in order to effectively combat human trafficking.