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

Sexuality and the Law Commons

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

2,690 Full-Text Articles 1,922 Authors 1,327,186 Downloads 157 Institutions

All Articles in Sexuality and the Law

Faceted Search

2,690 full-text articles. Page 1 of 77.

Jual Obat Vitalitas Viagra Di Bali Cod 082167654444, rt satu 2020 St. Mary's University, San Antonio, TX

Jual Obat Vitalitas Viagra Di Bali Cod 082167654444, Rt Satu

viagra bali

Alamat Toko – Agen – Jual Viagra Asli Usa 100mg Di Bali Denpasar | Penjual Obat Vitalitas Viagra Usa Asli Di Denpasar | Agen Resmi Obat Viagra Original Usa Di Bali | Jual Viagra Usa Original Di Denpasar | Jual Obat Penguat Ereksi Di Bali | Obat Kuuat Sex Viagra Usa Asli | Obat Penguat Vitalitas Di Denpasar Bali COD / Antar Gratis

Jual Viagra Asli Samarinda, Adalah Obat Kuat Pria Perkasa Meningkatkatkan Kejantanan Pria Mengatasi Lemah Syawat Kurang Ereksi Dan Impotensi Kuat Tahan Lama Meskipun Sudah Ijakulasi Dini Aman Dan Terpercaya
APA ITU OBAT KUAT VITALITAS VIAGRA PFIZER USA ...


"Terms Of Heart": Judicial Style In Obergefell V. Hodges, Eliza S. Walker 2020 Boston College Law School

"Terms Of Heart": Judicial Style In Obergefell V. Hodges, Eliza S. Walker

Boston College Law Review

The law lives in language. The Supreme Court issues written opinions to inform the parties, the bar, and the public of its decision in each case. But the content of the decision cannot be divorced from the way it is written—that is, the style. Fundamental rights cases present a singular stylistic challenge both because they must reduce some ineffable liberty to language, and because they are the cases most likely to be read by the public. Justice Anthony Kennedy’s 2015 opinion in Obergefell v. Hodges was criticized not only for its outcome, but also for its supposedly non-legal ...


Seeking Remedies For Lgbtq Children From Destructive Parental Authority In The Era Of Religious Freedom, Roy Abernathy 2020 Washington and Lee University School of Law

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 ...


Zarda And Sexual Orientation Expression: A New High For Title Vii Interpretation, Nico Ramos 2020 The Catholic University of America, Columbus School of Law

Zarda And Sexual Orientation Expression: A New High For Title Vii Interpretation, Nico Ramos

Catholic University Law Review

Under current federal law, a majority of jurisdictions decline to extend Title VII protections based on sexual orientation; however, a growing number of circuits have reversed precedent and held that Title VII prohibits discrimination sexual orientation discrimination. The Second Circuit’s en banc decision in Zarda v. Altitude Express reached the conclusion that sexual orientation discrimination is as a cognizable claim under Title VII because in order to discriminate against a person sexual orientation, you naturally first have to take their gender into account. The Supreme Court granted certiorari and has now heard oral arguments.

Part I of this note ...


Revisiting The “Private Use Exception” To Canada’S Child Pornography Laws: Teenage Sexting, Sex-Positivity, Pleasure, And Control In The Digital Age, Lara Karaian, Dillon Brady 2020 Institute of Criminology and Criminal Justice, Carleton University

Revisiting The “Private Use Exception” To Canada’S Child Pornography Laws: Teenage Sexting, Sex-Positivity, Pleasure, And Control In The Digital Age, Lara Karaian, Dillon Brady

Osgoode Hall Law Journal

In R v Sharpe, the Supreme Court of Canada read in a “private use exception” to the offence of possessing child pornography. The Court reasoned that youths’ self-created expressive material and private recordings of lawful sexual activity—created by, or depicting the accused and held by the accused exclusively for private use—would pose little or no risk to children and may in fact be of significance to adolescent self-fulfillment, self-actualization, sexual exploration, and identity. Fundamental changes in the technological, social, sexual, and legal landscape since Sharpe have resulted in a lack of clarity regarding the exception’s scope. Federal ...


Paving The Way For Recognizing Postpenetration Rape Through The Mistake Of Fact Defense, Katherine M. King 2020 Boston College Law School

Paving The Way For Recognizing Postpenetration Rape Through The Mistake Of Fact Defense, Katherine M. King

Boston College Law Review

On February 13, 2019, the Massachusetts Supreme Judicial Court in Commonwealth v. Sherman introduced a communication element in rape cases involving withdrawn consent. The prosecutor must prove that the victim communicated the revocation of consent such that a reasonable defendant would understand its withdrawal. In doing so, the court invoked a mistake of fact defense with regard to consent, which Massachusetts historically did not apply in its rape jurisprudence. This Comment notes that Massachusetts is unique in recognizing postpenetration rape as a legal possibility. This Comment compares Sherman to the Supreme Judicial Court’s decision in 2008 in Commonwealth v ...


Saints And Sinners: Is An Insurance Policy Required To Indemnify The Church For The Wrongful Acts Of Sexual Misconduct By Priests?, Cassidy J. Seamon 2020 Boston College Law School

Saints And Sinners: Is An Insurance Policy Required To Indemnify The Church For The Wrongful Acts Of Sexual Misconduct By Priests?, Cassidy J. Seamon

Boston College Law Review

On September 19, 2018, the United States Court of Appeals for the Second Circuit’s holding in Hartford Roman Catholic Diocesan Corp. v. Interstate Fire & Casualty Co. created two circuit splits regarding the interpretation of Interstate Fire and Casualty Co.’s insurance policy provisions, particularly in the context of indemnification for sexual abuse settlements. Hartford held that in insurance policy interpretation the presence of an occurrence is determined by a subjective test of expectation from the standpoint of the insured. The Second Circuit also held that the assault and battery exclusion excluded only those insureds that committed the assault and ...


Gender-Stereotyping Theory, Freedom Of Expression, And Identity, Carlos A. Ball 2020 William & Mary Law School

Gender-Stereotyping Theory, Freedom Of Expression, And Identity, Carlos A. Ball

William & Mary Bill of Rights Journal

This Article argues that the expressive components of gender-stereotyping theory serve to delink the equality protections afforded by that theory from fixed and predetermined identity categories in helpful and positive ways. Many have viewed American antidiscrimination law as being normatively grounded in the notion that there are certain identities that, because of their stable and immutable characteristics, deserve equality-based protections. Gender-stereotyping theory can help make the normative case for a more pluralistic understanding of equality, one that is grounded in the need to protect the fluid and multiple ways in which gender is performed or expressed rather than focusing, as ...


Can We Have Our Cake And Eat It Too?: What Masterpiece Cakeshop And Religious Refusals Mean For Texas’S Adoption Bill, Nadeen Abou-Hossa 2020 St. Mary's University

Can We Have Our Cake And Eat It Too?: What Masterpiece Cakeshop And Religious Refusals Mean For Texas’S Adoption Bill, Nadeen Abou-Hossa

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


A Textuary Ray Of Hope For Lgbtq+ Workers: Does Title Vii Mean What It Says?, Eduardo Juarez 2020 U.S. Equal Employment Opportunity Commission

A Textuary Ray Of Hope For Lgbtq+ Workers: Does Title Vii Mean What It Says?, Eduardo Juarez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Masterpiece Cakeshop'S Homiletics, Marc Spindelman 2020 The Michael E. Moritz College of Law, The Ohio State University

Masterpiece Cakeshop'S Homiletics, Marc Spindelman

Cleveland State Law Review

Viewed closely and comprehensively, Masterpiece Cakeshop, far from simply being the narrow, shallow, and modest decision many have taken it to be, is a rich, multi-faceted decision that cleaves and binds the parties to the case, carefully managing conflictual crisis. Through a ruling for a faithful custom-wedding-cake baker against a state whose legal processes are held to have been marred by anti-religious bias, the Court unfolds a cross-cutting array of constitutional wins and losses for cultural conservatives and traditional moralists, on the one hand, and for lesbians and gay men and their supporters committed to civil and equal rights, on ...


Retitling Title Ix, Matthew F. Marino 2020 Seton Hall University

Retitling Title Ix, Matthew F. Marino

Seton Hall University Dissertations and Theses (ETDs)

Title IX, a federal education policy put into place in the early 1970s, has been under the microscope for its perceived failure to protect students from sexual misconduct. Since 2011, and especially since 2017, conflict has existed among higher education, the judicial system, and the Department of Education (ED), resulting in little clarity as to proper Title IX response. However, little research exists that attempts to examine court cases for both commonalities and divergence in how higher education institutions respond to Title IX incidents of sexual misconduct and whether those procedures mesh with how the courts view proper Title IX ...


Facing The Future With Fosta: Examining The Allow States And Victims To Fight Online Sex Trafficking Act Of 2017, Caitlyn Burnitis 2020 University of Miami Law School

Facing The Future With Fosta: Examining The Allow States And Victims To Fight Online Sex Trafficking Act Of 2017, Caitlyn Burnitis

University of Miami Race & Social Justice Law Review

On April 11, 2018, President Trump signed the Stop Enabling Sex Trafficking Act (SESTA) and Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) package into effect. This law amends Section 230 of the Communications and Decency Act that provides safe harbors for website hosts. Under the amended law, these safe harbor laws that provide websites civil liability immunity for the actions of their users would now exclude enforcement of federal and state sex trafficking laws. While many praised the passage of this law, many others raised concerns about its effect on free speech, prosecution, and sex workers ...


The Relationship Between Lgbtq+ Representation On The Political And Theatrical Stages, Brett V. Ries 2020 University of South Dakota

The Relationship Between Lgbtq+ Representation On The Political And Theatrical Stages, Brett V. Ries

Honors Thesis

This thesis examines the relationship between LGBTQ+ representation on the political and theatrical stages. During some decades, LGBTQ+ theatre was dictated by the politics of the time period. During other times, theatre educated and filled the silence when the government and society turned the other way. By examining LGBTQ+ plays, musicals, and political events over the past century, there are clear themes that emerge. In both the theatrical and political arenas, LGBTQ+ representation has been limited by a concept called “repressive tolerance.” Every step of progress has been met with another restriction, ranging from stereotypical caricatures to legal discrimination. In ...


Identity: Obstacles And Openings, Osamudia R. James 2020 University of Miami School of Law

Identity: Obstacles And Openings, Osamudia R. James

SMU Law Review Forum

Progress regarding equality and social identities has moved in a bipolar fashion: popular engagement with the concept of social identities has increased even as courts have signaled decreasing interest in engaging identity. Maintaining and deepening the liberatory potential of identity, particularly in legal and policymaking spheres, will require understanding trends in judicial hostility toward “identity politics,” the impact of status hierarchy even within minoritized identity groups, and the threat that white racial grievance poses to identitarian claims.


Online Sex Trafficking Hysteria: Flawed Policies, Ignored Human Rights, And Censorship, Regina A. Russo 2020 Cleveland-Marshall College of Law

Online Sex Trafficking Hysteria: Flawed Policies, Ignored Human Rights, And Censorship, Regina A. Russo

Cleveland State Law Review

On April 11, 2018, President Donald Trump signed the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) into law. The law, passed with bipartisan support, created a new federal offense that prohibits the use or operation of websites with the intent to "promote" or "facilitate" prostitution, expanded existing liability for federal sex trafficking offenses, and amended Section 230 of the Communications Decency Act. Touted as the "most important law protecting Internet speech," section 230 provides broad protection for online intermediaries that host or republish speech. It immunizes online intermediaries from liability for the things that third-party users ...


Let’S Talk About Sex: A Discussion Of Sexual Orientation Discrimination Under Title Vii, Courtney E. Ruggeri 2020 Boston College Law School

Let’S Talk About Sex: A Discussion Of Sexual Orientation Discrimination Under Title Vii, Courtney E. Ruggeri

Boston College Law Review

On July 18, 2018, the Eleventh Circuit Court of Appeals held, in Bostock v. Clayton County Board of Commissioners, that Title VII does not protect against discrimination on the basis of sexual orientation in the workplace. To the Eleventh Circuit, sexual orientation discrimination is distinct from sex discrimination, which the statute explicitly prohibits. Many courts continue to follow this traditional rule and agree with the Eleventh Circuit’s decision. The Second and Seventh Circuits, however, have instead followed the guidance of the Equal Opportunity Employment Commission (EEOC), the federal agency that enforces Title VII, and held the opposite. The Supreme ...


On Beauty And Policing, I. India Thusi 2020 Northwestern Pritzker School of Law

On Beauty And Policing, I. India Thusi

Northwestern University Law Review

“To protect and serve” is the motto of police departments from Los Angeles to Cape Town. When police officers deviate from the twin goals of protection and service, for example by using excessive force or by maintaining hostile relations with the community, scholars recommend more training, more oversight, or more resources in policing. However, police appear to be motivated by a superseding goal in the area of sex work policing. In some places, the policing of sex workers is connected to police officers’ perceptions of beauty, producing a hierarchy of desirable bodies as enforced by those sworn to protect and ...


Blatantly Biased: Expanding Pena-Rodriguez To Cases Of Bias Against Sexual Orientation, Religion, And Sex, Tressa Bussio 2020 William & Mary Law School

Blatantly Biased: Expanding Pena-Rodriguez To Cases Of Bias Against Sexual Orientation, Religion, And Sex, Tressa Bussio

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


When Is Due Process Due?: The Impact Of Title Ix Sexual Assault Adjudication On The Rights Of University Students, Rachael A. Goldman 2020 Pepperdine University

When Is Due Process Due?: The Impact Of Title Ix Sexual Assault Adjudication On The Rights Of University Students, Rachael A. Goldman

Pepperdine Law Review

As a part of the Educational Amendments of 1972, Title IX was created to address sex discrimination in sports programs receiving federal funding. However, its scope has ballooned tremendously over the years to include a variety of conduct occurring on college campuses. Currently, Title IX is the primary legislation governing sexual assault and harassment allegations stemming from universities. This Note explores the use of Title IX in universities and addresses the concerns that arise when a civil rights law becomes the primary mechanism for adjudicating allegations of criminal conduct. Specifically, this Note addresses the due process concerns that arise when ...


Digital Commons powered by bepress