Open Access. Powered by Scholars. Published by Universities.®
Social and Behavioral Sciences Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Gender (2)
- Sex (2)
- Bathroom (1)
- Bisexual (1)
- Body (1)
-
- Civil rights (1)
- Conduct (1)
- Constitutional Law (1)
- Copyright (1)
- Cultural cognition (1)
- DADT (1)
- Dilution (1)
- Discrimination (1)
- ERA (1)
- Empirical studies (1)
- Employment (1)
- Fair use (1)
- Feminism (1)
- First Amendment (1)
- First amendment (1)
- Free speech (1)
- Gay (1)
- Gender Studies (1)
- Gender expression (1)
- Gender identity (1)
- Gerrymandering (1)
- Housing (1)
- Intellectual property (1)
- LGBT (1)
- Larry Alexander (1)
Articles 1 - 7 of 7
Full-Text Articles in Social and Behavioral Sciences
Civil Rights Reform And The Body, Tobias Barrington Wolff
Civil Rights Reform And The Body, Tobias Barrington Wolff
All Faculty Scholarship
Discrimination on the basis of gender identity or expression has emerged as a major focus of civil rights reform. Opponents of these reforms have structured their opposition around one dominant image: the bathroom. With striking consistency, opponents have invoked anxiety over the bathroom -- who uses bathrooms, what happens in bathrooms, and what traumas one might experience while occupying a bathroom -- as the reason to permit discrimination in the workplace, housing, and places of public accommodation. This rhetoric of the bathroom in the debate over gender-identity protections seeks to exploit an underlying anxiety that has played a role in …
First Amendment Privacy And The Battle For Progressively Liberal Social Change, Anita L. Allen
First Amendment Privacy And The Battle For Progressively Liberal Social Change, Anita L. Allen
All Faculty Scholarship
No abstract provided.
"They Saw A Protest": Cognitive Illiberalism And The Speech-Conduct Distinction, Dan M. Kahan, David A. Hoffman, Donald Braman, Danieli Evans, Jeffrey J. Rachlinski
"They Saw A Protest": Cognitive Illiberalism And The Speech-Conduct Distinction, Dan M. Kahan, David A. Hoffman, Donald Braman, Danieli Evans, Jeffrey J. Rachlinski
All Faculty Scholarship
“Cultural cognition” refers to the unconscious influence of individuals’ group commitments on their perceptions of legally consequential facts. We conducted an experiment to assess the impact of cultural cognition on perceptions of facts relevant to distinguishing constitutionally protected “speech” from unprotected “conduct.” Study subjects viewed a video of a political demonstration. Half the subjects believed that the demonstrators were protesting abortion outside of an abortion clinic, and the other half that the demonstrators were protesting the military’s “don’t ask, don’t tell” policy outside a campus recruitment facility. Subjects of opposing cultural outlooks who were assigned to the same experimental condition …
Prospective Advice And Consent, Jean Galbraith
Prospective Advice And Consent, Jean Galbraith
All Faculty Scholarship
No abstract provided.
Sex Exceptionalism In Intellectual Property, Jennifer E. Rothman
Sex Exceptionalism In Intellectual Property, Jennifer E. Rothman
All Faculty Scholarship
The state regulates sexual activity through a combination of criminal and civil sanctions and the award of benefits, such as marriage and First Amendment protections, for acts and speech that conform with the state’s vision of acceptable sex. Although the penalties for non-compliance with the state’s vision of appropriate sex are less severe in intellectual property law than those, for example, in criminal or family law, IP law also signals the state’s views of sex. In this Article written for the Stanford symposium on the Adult Entertainment industry, I extend my consideration of the law’s treatment of sex after Lawrence …
Of Icebergs And Glaciers: The Submerged Constitution Of American Healthcare, Theodore Ruger
Of Icebergs And Glaciers: The Submerged Constitution Of American Healthcare, Theodore Ruger
All Faculty Scholarship
No abstract provided.
Alexander's Genius, Mitchell N. Berman
Alexander's Genius, Mitchell N. Berman
All Faculty Scholarship
Larry Alexander is one of the most creative, penetrating, and wide-ranging legal theorists working today. This short essay, prepared as a tribute for a special issue of the APA Newsletter on Philosophy and Law, aims to convey a flavor of his work by introducing, and causing some trouble for, just a few of his more heterodox and provocative positions. The principal critical target of the essay is Alexander’s contention (a contention that he has pressed both alone and with Saikrishna Prakash) that extreme partisan gerrymandering does not violate the U.S. Constitution. The most persuasive grounding for the unconstitutionality of (extreme) …