Sexuality, Disability, And The Law: Beyond The Last Frontier? (2016), 2016 New York Law School
Sexuality, Disability, And The Law: Beyond The Last Frontier? (2016), Michael L. Perlin, Alison Lynch
Books
Sexuality, Disability, and the Law approaches issues of sexual autonomy and disability from multiple perspectives, including constitutional law, international human rights, therapeutic jurisprudence, history, cognitive psychology, dignity studies, and theories and findings on gender constructs and societal norms. Perlin and Lynch determine that if our society continues to assert that persons with mental disabilities possess a primitive morality, we allow ourselves to censor their feelings and their actions. By denying their ability and desires to show love and affection, we justify this disparate treatment. Our reliance on stereotypes has warped our attitudes and our policies, and has allowed us to …
Once We're Done Honeymooning: Obergefell V. Hodges, Incrementalism, And Advances For Sexual Orientation Anti-Discrimination, 2016 Saint Louis University School of Law
Once We're Done Honeymooning: Obergefell V. Hodges, Incrementalism, And Advances For Sexual Orientation Anti-Discrimination, Jeremiah A. Ho
All Faculty Scholarship
Undoubtedly, the Supreme Court’s marriage equality decision in Obergefell v. Hodges is the watershed civil rights decision of our time. Since U.S. v. Windsor, each recent victory for same-sex couples in the federal courts evidenced that the legal recognition of same-sex marriages in the U.S. was becoming increasingly secure. Meanwhile, momentum was growing for the visibility of sexual minorities nationally. Yet, is marriage equality the last stop in the pro-LGBTQ movement, or should we expect sexual minorities to advance in other legal arenas? Should we expect that the recent strides in marriage equality from Windsor to Obergefell can somehow leverage …
Sharing Sexism, 2016 Duke Law School
Same-Sex Marriage Litigation And Children's Right To Be Queer, 2016 S.J. Quinney College of Law, University of Utah
Same-Sex Marriage Litigation And Children's Right To Be Queer, Clifford Rosky
Utah Law Faculty Scholarship
This essay examines how lawyers and judges have framed the question of children’s queerness in litigation over samesex marriage. First, it argues that in United States v. Windsor and Obergefell v. Hodges, the US Supreme Court invoked the tropes of dignity, injury, and immutability to set the outer limits of sexual liberty for both children and adults. Next, the essay looks back to the early work of queer theorists, legal scholars, and lawyers to unearth a more promising vision of law’s relationship to children’s queerness. By juxtaposing how two judges approached the possibility of the gay child in Utah and …
Scrutinizing Immutability: Research On Sexual Orientation And U.S. Legal Advocacy For Sexual Minorities, 2016 S.J. Quinney College of Law, University of Utah
Scrutinizing Immutability: Research On Sexual Orientation And U.S. Legal Advocacy For Sexual Minorities, Clifford Rosky, Lisa M. Diamond
Utah Law Faculty Scholarship
We review scientific research and legal authorities to argue that the immutability of sexual orientation should no longer be invoked as a foundation for the rights of individuals with same-sex attractions and relationships (i.e., sexual minorities). On the basis of scientific research as well as U.S. legal rulings regarding lesbian, gay, and bisexual (LGB) rights, we make three claims: First, arguments based on the immutability of sexual orientation are unscientific, given what we now know from longitudinal, population-based studies of naturally occurring changes in the same-sex attractions of some individuals over time. Second, arguments based on the immutability of sexual …
Salvaging "Safe Spaces": Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, 2016 American University Washington College of Law
Salvaging "Safe Spaces": Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner Esq.
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Fashioning Children: Gender Restrictive Dress Codes As An Entry Point For The Tans School To Prison Pipeline, 2016 American University Washington College of Law
Fashioning Children: Gender Restrictive Dress Codes As An Entry Point For The Tans School To Prison Pipeline, Deanna J. Glickman
American University Journal of Gender, Social Policy & the Law
No abstract provided.
You Haven't Come A Long Way, Baby: The Courts' Inability To Eliminate The Gender Gap Fifty-Two Years After The Passage Of The Equal Pay Act, 2016 American University Washington College of Law
You Haven't Come A Long Way, Baby: The Courts' Inability To Eliminate The Gender Gap Fifty-Two Years After The Passage Of The Equal Pay Act, Morgan A. Tufarolo
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Child Sexual Abuse Victims And The Confrontation Clause, 2016 University of Hawaii
Child Sexual Abuse Victims And The Confrontation Clause, Nichole Timmreck
Criminal Law Practitioner
No abstract provided.
Result Inequality In Family Law, 2016 Notre Dame Law School
Result Inequality In Family Law, Margaret Brinig
Journal Articles
To the extent that family law is governed by statute, all families are treated as though they are the same. This is of course consistent with the equal protection guarantees of the US Constitution as well as those of the states. However, in our pluralistic society, all families are not alike. At birth, some children are born to wealthy, married parents who will always put the children’s interests first and will never engage in domestic violence. Many laws benefit these children, while, according to some academics, they either further disadvantage other children or at best ignore their needs.
This presentation …
The Two Laws Of Sex Stereotyping, 2016 St. John's University School of Law
The Two Laws Of Sex Stereotyping, Noa Ben-Asher
Faculty Publications
This Article offers two main contributions to the study of sex stereotyping. First, it identifies an organizing principle that explains why some forms of sex stereotyping are today legally prohibited while others are not. Second, it argues for a shift in the current rights framework—from equal opportunity to individual liberty—that could assist courts and other legal actors to appreciate the harms of currently permissible forms of sex stereotyping. Commentators and courts have long observed that the law of sex stereotyping has many inconsistencies. For instance, it is lawful today for the state to require that unwed biological fathers, but not …
Nurturing Wings Or Clipping Them Off: The Philippine Approach To Female Labor Migration And A Potentially Redeeming Role For The Commission On Human Rights, 2016 De La Salle University-Manila
Nurturing Wings Or Clipping Them Off: The Philippine Approach To Female Labor Migration And A Potentially Redeeming Role For The Commission On Human Rights, Emily Sanchez Salcedo
Center for Business Research and Development
The large-scale migration of Filipino workers started in the 1970’s as inadequate local employment and livelihood opportunities pointed to overseas opportunities in the booming economy of oil-rich countries in the Middle East. Though initially dominated by male construction workers and seafarers, female migrant workers, mostly in the health care professions, in domestic services and in the entertainment industry, followed suit and, in the most recent available statistical report, have even slightly outnumbered the men. As of the end of 2014, 50.43% of the 2.32 million overseas Filipino workers are women. Collectively, these overseas workers sent about 27 billion dollars in …
And Ain't I A Woman: Feminism, Immigrant Caregivers, And New Frontiers For Equality, 2016 Brooklyn Law School
And Ain't I A Woman: Feminism, Immigrant Caregivers, And New Frontiers For Equality, Shirley Lin
Faculty Scholarship
No abstract provided.
The Unintended Consequences Of The International Women's Movement: Medicalizing Rape In The Democratic Republic Of Congo, 2016 Bard College
The Unintended Consequences Of The International Women's Movement: Medicalizing Rape In The Democratic Republic Of Congo, Faye N. Forman
Senior Projects Spring 2016
The legal advancements made by western feminists from the 1960s continuing today mark a distinct shift for both the women's movement and mainstream radical feminist philosophy. This project examines the unintended consequences of the rise of the international women's movement as American feminists brought the law to bear as the primary instrument for reform to eradicate rape and violence against women. As contemporary political scholars demonstrate, legal remediation further codifies gender inequality and protective tropes that sexualize women's injury. Chapter 2 and 3 examines the intensified feminist efforts to criminalize domestic abuse at an international level, first at the United …
Comment: Transgender Employment Discrimination Equality In Wisconsin: The Demise Of A Former Lgbtiq+ Rights Trailblazer, 2016 Marquette University Law School
Comment: Transgender Employment Discrimination Equality In Wisconsin: The Demise Of A Former Lgbtiq+ Rights Trailblazer, Alexandra A. Klimko
Marquette Benefits and Social Welfare Law Review
Wisconsin, once known as “The Gay Rights State” and a
pioneer of the LGBTIQ+ civil rights movement, has
disappointingly failed to create transgender-inclusive
employment discrimination legislation, much like the majority of
American states. As a result, Wisconsin transgender employees
face shocking workplace discrimination with saddening
repercussions felt by transgender individuals who call Wisconsin
home. This Comment identifies the federal, state, and city
approaches that have extended equal employment
discrimination legal protections to transgender workers in the
United States. Further, this Comment urges the Wisconsin
legislature to incorporate “gender identity or expression” to
Wisconsin’s Fair Employment Act as a non-discrimination
category, …
Artificial Wombs: The Third Era Of Human Reproduction And The Likely Impact On French And U.S. Law, 2016 UC Law SF
Artificial Wombs: The Third Era Of Human Reproduction And The Likely Impact On French And U.S. Law, Marion Abecassis
UC Law SF Journal on Gender and Justice
Advances in reproductive technology are outpacing statutory and regulatory authority, and artificial wombs as a form of assistive reproductive technology are no longer the subject of science fiction. This article begins with insight to the original ideas of artificial wombs and the subsequent effect these ideas had science and technology at the time. Artificial wombs, being disconnected from the body, were the subjects of dystopian portrayals of society, and many critics denied the possibility that such technology would ever exist. Experiments in the 20th century, however, have made artificial wombs a real possibility. The author explores how artificial wombs would …
Lifting As They Climb: Race, Sorority, And African American Uplift In The 20th Century, 2016 UC Law SF
Lifting As They Climb: Race, Sorority, And African American Uplift In The 20th Century, Gregory S. Parks, Caryn Neumann
UC Law SF Journal on Gender and Justice
Founded in the 1920s, Zeta Phi Beta and Sigma Gamma Rho are two prominent African-American sororities with rich histories of community service and philanthropy work. As educated black women, sorority members took on the responsibility of engaging in community racial uplift-that is, to uplift the African-American race as a whole by working to better its purported "lowest" members-in order to acquire rights and to be uplifted in the eyes of whites. Therefore, Zeta Phi Beta and Sigma Gamma Rho dedicated themselves to helping others from their inception until today; both sororities have a vast alumni network of prominent African-American women …
Personal Experiences Of A Deaf Law Student, With Updated Foreword, 2016 UC Law SF
Personal Experiences Of A Deaf Law Student, With Updated Foreword, Alice Mcgill
UC Law SF Journal on Gender and Justice
This article highlights the author's experience as a deaf individual. What began as a challenge in law school became a greater challenge in the legal profession. However, the author highlights, with the passage often American Disabilities Act, that legal landscape has changed drastically in both positive and negative ways. With new technology, new types of discrimination, and new forms of education, the author notes how much her life has changed since law school and how she has become to appreciate the Deaf community in new ways.
Reasonable Person And I, 2016 UC Law SF
Reasonable Person And I, Lydia J. Carlsgaard
UC Law SF Journal on Gender and Justice
No abstract provided.
In The Padded Closet: Thoughts On A Secret Life, 2016 UC Law SF
In The Padded Closet: Thoughts On A Secret Life, Naomi A. Himmelhoch
UC Law SF Journal on Gender and Justice
The author highlights their personal experience with several mental issues as a law student as UC Hastings. This piece explains one's approach to the battling the societal and legal issues through their secret battle against mental illness.