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Articles 1 - 30 of 43
Full-Text Articles in Sexuality and the Law
Sex In The Sunlight: The Effectiveness, Efficiency, Constitutionality, And Advisability Of Publishing Names And Pictures Of Prostitutes' Patrons, Courtney G. Persons
Sex In The Sunlight: The Effectiveness, Efficiency, Constitutionality, And Advisability Of Publishing Names And Pictures Of Prostitutes' Patrons, Courtney G. Persons
Vanderbilt Law Review
An interstate billboard warns visitors to La Mesa, California: "Attention johns: We take pictures." In 1994, to widespread political accolades, the city initiated a policy of publishing names and pictures of prostitutes' patrons in local newspapers. La Mesa is not alone. If nightmares about the revelation of the contents of Heidi Fleiss's little black book sent shivers down the spines of Hollywood's rich and fa- mous, the tremors have traveled through La Mesa and sent similar shudders across the nation. The anonymous sex once so sought-after for its secrecy has been slapped up on billboards as communities, desperate to disinfect …
Pornography Drives Technology: Why Not To Censor The Internet, Peter Johnson
Pornography Drives Technology: Why Not To Censor The Internet, Peter Johnson
Federal Communications Law Journal
Historically, the development of new media has been advanced by the creators of pornography. This was evident as communications media evolved from vernacular speech to movable type, to photography, to paperback books, to videotape, to cable and pay-TV, to 900 phone lines, to the French Minitel, and to the Internet. In short, pornography, far from being an evil that the First Amendment must endure, is a positive good that encourages experimentation with new technology. Accordingly, society should not view cyberpornographers as pariahs, rather they should be viewed as explorers who pave the roads for civilization to follow.
Attainder And Amendment 2: Romer's Rightness, Akhil Reed Amar
Attainder And Amendment 2: Romer's Rightness, Akhil Reed Amar
Michigan Law Review
Call me silly. In fact, call me terminally silly. For despite Justice Scalia's remarkably confident claim, I believe, and shall try to prove below, that the Romer Court majority opinion invalidating Colorado's Amendment 2 was right both in form and in substance, both logically and sociologically. I stress "form" and "logic" at the outset because I share Justice Scalia's belief in the importance of these things in constitutional adjudication. I also share his commitment to constitutional text, history, and structure, and his suspicion of "free-form" constitutionalism. And so I shall highlight the text, history, and spirit of a constitutional clause …
Is Amendment 2 Really A Bill Of Attainder? Some Questions About Professor Amar's Analysis Of Romer, Roderick M. Hills Jr.
Is Amendment 2 Really A Bill Of Attainder? Some Questions About Professor Amar's Analysis Of Romer, Roderick M. Hills Jr.
Michigan Law Review
As I first discovered as a law student in Professor Amar's classes on legal history and federal courts, it is generally an intellectual treat to listen to Professor Amar's legal analysis, even when he is attacking one's own arguments. So my pleasure at reading Professor Amar's analysis of the Court's decision in Romer v. Evans was only partly dampened by his disapproval of the respondents' brief that I and other plaintiffs' counsel filed with the Court. According to Amar, this respondents' brief provided the Court with "so little help" that it had to rely on an entirely different and much …
Custody And Conduct: How The Law Fails Lesbian And Gay Parents And Their Children, Julie Shapiro
Custody And Conduct: How The Law Fails Lesbian And Gay Parents And Their Children, Julie Shapiro
Indiana Law Journal
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.
Fax: The White House Office Of The Press Secretary, May 17, 1996, The White House
Fax: The White House Office Of The Press Secretary, May 17, 1996, The White House
Saffy Collection - All Textual Materials
A fax sent regarding Megan’s Law requiring every state in the country to tell communities when a dangerous sexual predator moves into the area and the Presidents mission to make schools safer by strengthening the Safe and Drug-Free Schools Act.
Rape, Race, And Representation: The Power Of Discourse, Discourses Of Power, And The Reconstruction Of Heterosexuality, Elizabeth M. Iglesias
Rape, Race, And Representation: The Power Of Discourse, Discourses Of Power, And The Reconstruction Of Heterosexuality, Elizabeth M. Iglesias
Vanderbilt Law Review
This Article explores some of the difficulties involved in designing genuinely effective and broadly inclusive legal strategies for eliminating women's sexual oppression. Part II.A begins the analysis by using Gary LaFree's empirical studies of rape enforcement practices to develop some observations about the kinds of legal strategies most likely to foster women's sexual autonomy.' LaFree's studies illustrate how the institutional structures and decision making procedures of the criminal justice system create the opportunity for rape processing practices to reproduce relations of race and gender subordination. Each discretionary decision point in the system creates a social space in which legal agents …
New York Law School Reporter, Vol 11, No. 7, April-May 1996, New York Law School
New York Law School Reporter, Vol 11, No. 7, April-May 1996, New York Law School
Student Newspapers
No abstract provided.
Adult Repression Of Childhood Sexual Assault: From Psychology To The Media And Into The Courtroom, Susan J. Hall
Adult Repression Of Childhood Sexual Assault: From Psychology To The Media And Into The Courtroom, Susan J. Hall
North Carolina Central Law Review
No abstract provided.
With Justice For Whom? The Presumption Of Moral Innocence In Rape Trials, Stacey Pastel Dougan
With Justice For Whom? The Presumption Of Moral Innocence In Rape Trials, Stacey Pastel Dougan
Indiana Law Journal
No abstract provided.
A Critical Analysis Of Constitutional Claims For Same-Sex Marriage, Lynn D. Wardle
A Critical Analysis Of Constitutional Claims For Same-Sex Marriage, Lynn D. Wardle
BYU Law Review
No abstract provided.
Sexual Harassment Policies: An Employer's Burden Or Advantage?, Lisa L. Fowler
Sexual Harassment Policies: An Employer's Burden Or Advantage?, Lisa L. Fowler
Brigham Young University Journal of Public Law
No abstract provided.
Free Speech Faces Hostile Environment: An Aggressive Hunt For Sex Harassment Leaves Plenty Of Wreckage, Kenneth Lasson
Free Speech Faces Hostile Environment: An Aggressive Hunt For Sex Harassment Leaves Plenty Of Wreckage, Kenneth Lasson
All Faculty Scholarship
Take the case of James Maas, who has been teaching at Cornell University for more than 30 years and whose Psychology 101 is perhaps the largest undergraduate course in the country (attracting about 1,000 students every semester). He was won numerous teaching awards. In 1994, Mr. Maas was called before Cornell's "Professional Ethics Committee" to defend himself against charges of sexual harassment. The allegations centered around his "overly friendly and affectionate behavior" - which, it turns out, were hugs and occasional social kisses, most often in front of class or family.
The most notable example of a professor who stood …
Running The Gauntlet No More - Using Title Ix To End Student-To-Student Sexual Harassment, Verna L. Williams
Running The Gauntlet No More - Using Title Ix To End Student-To-Student Sexual Harassment, Verna L. Williams
Faculty Articles and Other Publications
Reports on the decision of the United States Supreme Court in Davis v. Monroe Board of Education which dealt with student-on-student sexual harassment.
When A Kiss Isn't Just A Kiss: Title Ix And Student-To-Student Harassment, Verna L. Williams
When A Kiss Isn't Just A Kiss: Title Ix And Student-To-Student Harassment, Verna L. Williams
Faculty Articles and Other Publications
This article discusses peer hostile environment sexual harassment. It examines the circuit court caselaw on the issue and the legislative history of Title IX, provides an overview of the Supreme Court precedent interpreting Title IX, outlines the Department of Education’s interpretation of Title IX’s requirements concerning peer hostile environment sexual harassment, and discusses analogous legal principles underlying the analysis of student-to-student hostile environment sexual harassment.
The Limits Of Legal Discourse: Learning From The Civil Rights Movement In The Quest For Gay And Lesbian Civil Rights, Odeana R. Neal
The Limits Of Legal Discourse: Learning From The Civil Rights Movement In The Quest For Gay And Lesbian Civil Rights, Odeana R. Neal
All Faculty Scholarship
The African-American struggle for civil rights has been a long one, one that began with the importation of the first black person into the country as a slave, and continues today. Through radical political struggle coupled with legal precedent, de jure segregation became a part of the past of the United States. Meticulous legal strategizing by the NAACP Legal Defense Fund culminated with the Supreme Court's decision in Brown v. Board of Education, which declared unconstitutional the governmental practice of segregating on the basis of race. Careful legislative lobbying—as well as the threats posed by radical black political groups who …
Principled Silence, Tobias Barrington Wolff
Principled Silence, Tobias Barrington Wolff
All Faculty Scholarship
No abstract provided.
The Effect On The Child Of A Custodial Parent's Involvement In An Intimate Same-Sex Relationship - North Carolina Adopts The "Nexus Test" In Pulliam V. Smith, Vicki Parrott
Campbell Law Review
This Note examines the North Carolina Court of Appeals decision in Pulliam v. Smith. First, the Note discusses the facts of the case and the opinion of the North Carolina Court of Appeals. Then, the Note examines (1) child custody law in North Carolina; (2) North Carolina case law addressing the effect on the child of a custodial parent's sexual conduct and sexual orientation; and (3) child custody disputes in other jurisdictions which involve a custodial parent in an intimate same-sex relationship. Next, the Note analyzes the decision in Pulliam and its effect on child custody law in North …
Constitutionally Defending Marriage: The Defense Of Marriage Act, Romer V. Evans And The Cultural Battle They Represent, Leonard G. Brown Iii
Constitutionally Defending Marriage: The Defense Of Marriage Act, Romer V. Evans And The Cultural Battle They Represent, Leonard G. Brown Iii
Campbell Law Review
No abstract provided.
Romer V. Evans And The Constitutionality Of Higher Lawmaking, Anthony M. Dillof
Romer V. Evans And The Constitutionality Of Higher Lawmaking, Anthony M. Dillof
Law Faculty Research Publications
No abstract provided.
An Essay On The Piano, Law, And The Search For Women's Desire, Julia E. Hanigsberg
An Essay On The Piano, Law, And The Search For Women's Desire, Julia E. Hanigsberg
Michigan Journal of Gender & Law
The thesis of this essay is a simple one: to have a measure of control over her destiny, to have any choices, a woman must be a sexual agent, a subject of desire rather than an object. How can women exercise any autonomy in any other realms if in their most intimate lives they are unable to voice their desires? I do not mean to suggest that sexuality has unlimited explanatory power or that everything about women's domination can be explained by a rearticulation of desire. I do believe, however, that although the issue of sexuality is much discussed, feminist …
Second-Parent Adoption: Overcoming Barriers To Lesbian Family Rights, Maxwell S. Peltz
Second-Parent Adoption: Overcoming Barriers To Lesbian Family Rights, Maxwell S. Peltz
Michigan Journal of Gender & Law
Part I of this Article will discuss some of the legal difficulties associated with co-parenting and why lesbian couples have sought second-parent adoptions. Part II will examine the particular statutory obstacles to second-parent adoptions and then analyze the various ways courts in several states have overcome these obstacles. Finally, Part III will discuss the implications of these decisions in terms of their creation of legal and social norms.
Feminism For Men: Legal Ideology And The Construction Of Maleness, Nancy Levit
Feminism For Men: Legal Ideology And The Construction Of Maleness, Nancy Levit
Nancy Levit
It may seem a little odd to suggest that feminist theory has overlooked men. Yet, in several important respects, apart from the role of culprit, men have been largely omitted from feminism. Feminist legal theorists have paid mild attention to the "Can men be feminists?" question but this issue is usually relegated to footnotes. The negative effect gender role stereotypes have on men is typically subsidiary to the main focus of feminist legal literature, which has concentrated on documenting the patterns of subordination of women and on questions of feminist ideology.
The primary purpose of this article is to suggest …
Lesbians In Belgrade - Emerging From Invisibility, Martha Ehman
Lesbians In Belgrade - Emerging From Invisibility, Martha Ehman
Circles: Buffalo Women's Journal of Law and Social Policy
No abstract provided.
Geographically Sexual?: Advancing Lesbian And Gay Interests Through Proportional Representation, Darren Rosenblum
Geographically Sexual?: Advancing Lesbian And Gay Interests Through Proportional Representation, Darren Rosenblum
Elisabeth Haub School of Law Faculty Publications
Part I of this Article explores lesbian and gay interests and representational characteristics. Part II highlights the inadequacies of a single-member districting system in representing the interests of lesbian and gay communities. It concludes with an examination of the New York City Council's 1991 redistricting, where the mobilization of strong lesbian and gay communities in a receptive environment nonetheless failed to lead to effective representation of lesbian and gay interests in the City Council. Part III describes proportional representation systems and reveals how such systems would better serve lesbian and gay communities. Part IV acknowledges the political and legal obstacles …
Preventing Sexual Violence: Setting Principled Constitutional Boundaries On Sex Offender Commitments, Eric S. Janus
Preventing Sexual Violence: Setting Principled Constitutional Boundaries On Sex Offender Commitments, Eric S. Janus
Indiana Law Journal
No abstract provided.
Self-Defense As A Rational Excuse, Claire Oakes Finkelstein
Self-Defense As A Rational Excuse, Claire Oakes Finkelstein
All Faculty Scholarship
No abstract provided.
Sex As A Suspect Class: An Argument For Applying Strict Scrutiny To Gender Discrimination, Deborah Brake
Sex As A Suspect Class: An Argument For Applying Strict Scrutiny To Gender Discrimination, Deborah Brake
Articles
In United States v. Commonwealth of Virginia' ("VMI"), the Supreme Court has a landmark opportunity to revisit the legal standard courts should use to review classifications which treat men and women differently. The VMI case involves an equal protection challenge to the state's exclusion of women from VMI and its establishment of an alternative, sex-stereotyped women's leadership program as a remedy to that exclusion. The United States, which brought the case against VMI, has asked the Supreme Court to rule that sex-based classifications, like classifications based on race, must be subjected to the highest level of constitutional scrutiny, or "strict …
"Are You Going To Arraign His Whole Life?": How Sexual Propensity Evidence Violates The Due Process Clause, Louis M. Natali Jr., R. Stephen Stigall
"Are You Going To Arraign His Whole Life?": How Sexual Propensity Evidence Violates The Due Process Clause, Louis M. Natali Jr., R. Stephen Stigall
Loyola University Chicago Law Journal
No abstract provided.