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Articles 1 - 21 of 21
Full-Text Articles in Sexuality and the Law
Seeking Remedies For Lgbtq Children From Destructive Parental Authority In The Era Of Religious Freedom, Roy Abernathy
Seeking Remedies For Lgbtq Children From Destructive Parental Authority In The Era Of Religious Freedom, Roy Abernathy
Washington and Lee Journal of Civil Rights and Social Justice
This Note explores the intersection of parents’ rights, religious rights, state’s rights, and children’s rights. This Note analyzes the development of children’s rights and how those rights may be applied to current state religious exemption policies that affect the health of LGBTQ children. This Note will argue that in the absence of direct federal legislation to stop the harm of LGBTQ children, four possible remedies may exist to protect LGBTQ children. These remedies include states asserting parens patriae authority, children asserting substantive due process claims, children utilizing partial emancipation statutes, or children utilizing mature minor exemptions, which provide a judicial …
The Many Harms Of Forced Marriage: Insights For Law From Ethnography In Northern Uganda, Myriam S. Denov, Mark A. Drumbl
The Many Harms Of Forced Marriage: Insights For Law From Ethnography In Northern Uganda, Myriam S. Denov, Mark A. Drumbl
Scholarly Articles
Harnessing an interdisciplinary framework that merges elements of law and social science, this article aims to recast the crime of forced marriage, and thereby enhance accountability, in light of knowledge acquired through ethnographic fieldwork in northern Uganda. More specifically, we draw upon the perspectives and experiences of 20 men who were "bush husbands" in the Lord’s Resistance Army (LRA). These men were abducted by the LRA between the ages of 10 and 38 and spent between 6 and 24 years in captivity. During their time in the LRA, these men became ‘bush husbands’ with each man fathering between 1 and …
Marriage Equality Comes To The Fourth Circuit, Carl Tobias
Marriage Equality Comes To The Fourth Circuit, Carl Tobias
Washington and Lee Law Review
Marriage equality has come to America. Throughout 2014, several federal appellate courts and numerous district court judges across the United States invalidated state constitutional or statutory proscriptions on same-sex marriage. Therefore, it was not surprising that Eastern District of Virginia Judge Arenda Wright Allen held that Virginia’s bans were unconstitutional in February. The United States Court of Appeals for the Fourth Circuit affirmed her opinion that July. North Carolina, South Carolina, and West Virginia District Judges rejected these jurisdictions’ prohibitions during autumn, and the Supreme Court approved marriage equality the next year. Because marriage equality in the Fourth Circuit presents …
What Happens Next? Will Protection Against Gender Identity And Sexual Orientation Workplace Discrimination Expand During President Obama’S Second Term?, Sarah M. Stephens
What Happens Next? Will Protection Against Gender Identity And Sexual Orientation Workplace Discrimination Expand During President Obama’S Second Term?, Sarah M. Stephens
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Ask, Tell, But Do Not Get Greedy: The Inequalities That Pervade In The Military In Light Of The Repeal Of “Don’T Ask, Don’T Tell”, David Barnes
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Eluding The Grim Reaper: How Section 2 Of The Defense Of Marriage Act Could Survive Strict Scrutiny, Michael Disiena
Eluding The Grim Reaper: How Section 2 Of The Defense Of Marriage Act Could Survive Strict Scrutiny, Michael Disiena
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Need For Change: Evaluating The Medical Necessity Of Gender Reassignment Through International Standards, Chad Ayers
The Need For Change: Evaluating The Medical Necessity Of Gender Reassignment Through International Standards, Chad Ayers
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Liberty Of Innocent Delights: Obscene Devices And The Limits Of State Power After Lawrence V. Texas, E. Benton Keatley
The Liberty Of Innocent Delights: Obscene Devices And The Limits Of State Power After Lawrence V. Texas, E. Benton Keatley
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Double-Edged Sword In Gay Economic Life? Marriage And The Market, M.V. Lee Badgett
The Double-Edged Sword In Gay Economic Life? Marriage And The Market, M.V. Lee Badgett
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Editor's Note: The Future Of Lgbt Scholarship
Editor's Note: The Future Of Lgbt Scholarship
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Microperformances Of Identity: Visible Same-Sex Couples And The Marriage Controversy, Marc R. Poirier
Microperformances Of Identity: Visible Same-Sex Couples And The Marriage Controversy, Marc R. Poirier
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Repeal Of "Don't Ask, Don't Tell:" A Smooth Transition, Sharon E. Debbage Alexander, Kathi S. Westcott
Repeal Of "Don't Ask, Don't Tell:" A Smooth Transition, Sharon E. Debbage Alexander, Kathi S. Westcott
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Gender Trouble In The Law: Arguments Against The Use Of Status/Conduct Binaries In Sexual Orientation Law, Diane S. Meier
Gender Trouble In The Law: Arguments Against The Use Of Status/Conduct Binaries In Sexual Orientation Law, Diane S. Meier
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
White Sexual Imperialism: A Theory Of Asian Feminist Jurisprudence, Sunny Woan
White Sexual Imperialism: A Theory Of Asian Feminist Jurisprudence, Sunny Woan
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Twenty-Five Years Of Hudood Ordinances- A Review, Martin Lau
Twenty-Five Years Of Hudood Ordinances- A Review, Martin Lau
Washington and Lee Law Review
Shortly after coming into power in 1979, General Zia ul-Haq began to Islamize the Pakistan legal system. One measure used to convert Pakistan into an Islamic state was the introduction of hadd offenses-those offenses for which the Qur'an prescribed fixed punishments-into the criminal law. This Article specifically examines the impact of one of these provisions, the Offense of Zina (Enforcement of Hudood) Ordinance, on sexual offenses under the Pakistan Penal Code. This statute criminalized all forms of adultery and fornication outside of a legally valid marriage, including instances of rape where the burden of proof had not been met. In …
Rape And The Exception In Turkish And International Law, Ruth A. Miller
Rape And The Exception In Turkish And International Law, Ruth A. Miller
Washington and Lee Law Review
This Comment suggests, first, that Turkey's new (2004) rape law is indebted to recent trends in international sexual legislation, and second, that both Turkish and international rape law are in turn the product of a century of European exceptionalism. The 2004 Turkish criminal code is a text that has redefined the Turkish state's approach to issues ranging from torture to corruption to immigrant smuggling to rape and adultery. Fundamentally a domestic document, it is aimed at rearticulating and liberalizing the state-citizen relationship in Turkey. At the same time, it is emphatically an international text-a spectacle geared toward moving Turkey one …
Hard Bargains: The Politics Of Heterosexuality, Linda Hirshman
Hard Bargains: The Politics Of Heterosexuality, Linda Hirshman
Washington and Lee Law Review
No abstract provided.
Doma As A Defensible Exercise Of Congressional Power Under The Full-Faith-And-Credit Clause, Timothy Joseph Keefer
Doma As A Defensible Exercise Of Congressional Power Under The Full-Faith-And-Credit Clause, Timothy Joseph Keefer
Washington and Lee Law Review
No abstract provided.
Was There Sex Before Calvin Klein?, Linda R. Hirshman
Was There Sex Before Calvin Klein?, Linda R. Hirshman
Washington and Lee Law Review
No abstract provided.
Marks V. United States, Lewis F. Powell Jr.
Marks V. United States, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Doran V. Salem Inn, Inc., Lewis F. Powell Jr.
Doran V. Salem Inn, Inc., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.