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1968 full-text articles. Page 1 of 53.

Not Throwing In The Towel: Challenging Exclusive Interscholastic Transgender Athletic Policies Under Title Ix, Thomas R. Smith 2017 Villanova University Charles Widger School of Law

Not Throwing In The Towel: Challenging Exclusive Interscholastic Transgender Athletic Policies Under Title Ix, Thomas R. Smith

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Why New Hampshire Must Update Rape Shield Laws, Amy Vorenberg 2017 University of New Hampshire School of Law

Why New Hampshire Must Update Rape Shield Laws, Amy Vorenberg

Legal Scholarship

[Excerpt] “Recent research indicates that New Hampshire has some of the highest rates of sexual assault in the nation; nearly one in four New Hampshire women and one in 20 New Hampshire men will experience sexual assault. Although reporting a crime can be hard for anyone, sexual assault victims have particular reasons for not reporting. After an assault, a rape victim typically feels embarrassment, shame and fears reprisal (most of these crimes are committed by an acquaintance). The deeply personal nature of rape makes it uniquely traumatizing and confusing.”


The Crisis Inside Crisis Pregnancy Centers: How To Stop These Facilities From Depriving Women Of Their Reproductive Freedom, Brittany A. Campbell 2017 Boston College Law School

The Crisis Inside Crisis Pregnancy Centers: How To Stop These Facilities From Depriving Women Of Their Reproductive Freedom, Brittany A. Campbell

Boston College Journal of Law & Social Justice

Since the late 1960s, pro-life activists have been flooding the United States with crisis pregnancy centers (CPCs), facilities disguised as legitimate reproductive health clinics but, in reality, are mostly unlicensed centers that do not provide contraception or abortion services. These facilities deprive women of their reproductive freedom when they engage in deceptive practices to coerce women out of terminating their pregnancies. This Note examines recent unsuccessful attempts to curb CPC practices and highlights the destructive impacts of CPCs, particularly on young, low-income, and minority women. Misleading CPC tactics bar women from exercising their constitutional right to command their reproductive decisions ...


A Call For Change: The Detrimental Impacts Of Crawford V. Washington On Domestic Violence And Rape Prosecutions, Anoosha Rouhanian 2017 George Washington University Law School

A Call For Change: The Detrimental Impacts Of Crawford V. Washington On Domestic Violence And Rape Prosecutions, Anoosha Rouhanian

Boston College Journal of Law & Social Justice

In 2004, the U.S. Supreme Court held in Crawford v. Washington that testimonial hearsay is inadmissible at trial unless the declarant is available for cross-examination. Courts have subsequently struggled to define “testimonial hearsay,” but have often vaguely defined it as an out-of-court statement made for the primary purpose of establishing past events for use in future prosecution. Although Crawford intended to protect a defendant’s Sixth Amendment right to confrontation, in doing so, it overlooked the holding’s detrimental effects on two particular types of victims: domestic violence and rape victims. Under Crawford, domestic violence and rape victims’ out-of-court ...


O'Keeffe V. Ireland: The State's Obligation To Protect Children From Sexual Assault In State Schools, Heekyoung Lee 2017 Boston College Law School

O'Keeffe V. Ireland: The State's Obligation To Protect Children From Sexual Assault In State Schools, Heekyoung Lee

Boston College International and Comparative Law Review

Ireland’s unique primary education system creates a national school system that is denominational, yet state-financed. The Irish government defers managerial duties to the Catholic Church, and this deference of duties relieves Ireland from liability. As a result, students in Ireland attending primary schools historically were not guaranteed legal protection from sexual assaults committed by faculty members. On January 28, 2014, the Grand Chamber of the European Court of Human Rights held in O’Keeffe v. Ireland that despite Ireland’s delegation of authority to religious denominations, the State was obligated to protect students from sexual assaults. The court reasoned ...


In Solidarity, Musselman Library, Salma Monani, Sarah M. Principato, Dave Powell, Brent C. Talbot, Charles L. Weise, Bruce A. Larson, Scott Hancock, McKinley E. Melton, David S. Walsh, Jennifer Q. McCary, Kristina G. Chamberlin 2017 Gettysburg College

In Solidarity, Musselman Library, Salma Monani, Sarah M. Principato, Dave Powell, Brent C. Talbot, Charles L. Weise, Bruce A. Larson, Scott Hancock, Mckinley E. Melton, David S. Walsh, Jennifer Q. Mccary, Kristina G. Chamberlin

Next Page

This edition of Next Page is a departure from our usual question and answer format with a featured campus reader. Instead, we asked speakers who participated in the College’s recent Student Solidarity Rally (March 1, 2017) to recommend readings that might further our understanding of the topics on which they spoke.


"In Sickness And In Health, Until Death Do Us Part": An Examination Of Fmla Rights For Same-Sex Spouses And A Case Note On Obergefell V. Hodges, Jasmine Foo 2017 Pepperdine University

"In Sickness And In Health, Until Death Do Us Part": An Examination Of Fmla Rights For Same-Sex Spouses And A Case Note On Obergefell V. Hodges, Jasmine Foo

Journal of the National Association of Administrative Law Judiciary

This note discusses the history of the lesbian, gay, bisexual, and transgender (LGBT) struggle for equal rights alongside the Supreme Court's recent ruling in Obergefell v. Hodges and uses this to examine the potential effect on the rights granted to same-sex spouses by the Family Medical Leave Act (FMLA). Part II records the jurisprudence that has slowly evolved over the past forty to fifty years to make the present a more hospitable era for same-sex marriage to take root today. Part III gives a general overview of the FMLA's history and current form. Part IV reviews the facts ...


Homosexuality And Validity Of Matrimony - A Study In Homo-Psychosexual Inversion, John Rogg Schmidt 2017 St. John's University School of Law

Homosexuality And Validity Of Matrimony - A Study In Homo-Psychosexual Inversion, John Rogg Schmidt

The Catholic Lawyer

No abstract provided.


Frontiers Of Sex Discrimination Law, Jessica A. Clarke 2017 University of Minnesota Law School

Frontiers Of Sex Discrimination Law, Jessica A. Clarke

Michigan Law Review

Review Gender Nonconformity and the Law by Kimberly A. Yuracko.


Doux Commerce, Religion, And The Limits Of Antidiscrimination Law, Nathan B. Oman 2017 William & Mary Law School

Doux Commerce, Religion, And The Limits Of Antidiscrimination Law, Nathan B. Oman

Faculty Publications

Recent cases involving religious businesses owners who object to providing services for same-sex weddings and resulting lawsuits have generated a vigorous academic and popular debate. That debate centers in part on the proper role of religion in the market. This article develops three theories of the proper relationship between commerce and religion and applies them to these conflicts. The first approach would apply the norms of liberal democratic governments to market actors. The second approach posits that any market outcome is legitimate so long as it results from voluntary contracts. These approaches yield contradictory and indeterminate advice on the conflicts ...


Good, Bad And Wrongful Juvenile Sex: Rethinking The Use Of Statutory Rape Laws Against The Protected Class, Anna High 2017 Loyola Unversity of Chicago

Good, Bad And Wrongful Juvenile Sex: Rethinking The Use Of Statutory Rape Laws Against The Protected Class, Anna High

Arkansas Law Review

This article considers the question of whether statutory rape laws can and should be used against members of the class they were designed to protect. Many commentators have argued that meaningfully consensual sex among similarly situated and sufficiently mature teenagers should be beyond the scope of strict liability rape laws, but the question becomes more fraught in the context of the “contested outer limits” of adolescent sexuality—sexual contact among children and adolescents that offends social norms, leads to harmful outcomes or appears to be exploitative. What are the implications of using statutory rape laws against minors to target “bad ...


Same-Sex Sex And Immutable Traits: Why Obergefell V. Hodges Clears A Path To Protecting Gay And Lesbian Employees From Workplace Discrimination Under Title Vii, Matthew W. Green Jr. 2017 Cleveland-Marshall College of Law, Cleveland State University

Same-Sex Sex And Immutable Traits: Why Obergefell V. Hodges Clears A Path To Protecting Gay And Lesbian Employees From Workplace Discrimination Under Title Vii, Matthew W. Green Jr.

Matthew W. Green Jr.

This article is set forth in five parts. Part II is largely descriptive and focuses on two aspects of Obergefell: (1) the Court's clarification that adult, private, consensual, same-sex sexual intimacy is a fundamental right, protected by the U.S. Constitution's Fourteenth Amendment Due Process Clause and (2) the Court's recognition that leading mental health and medical groups consider sexual orientation to be immutable. Part III examines how courts and the EEOC have treated sexual orientation discrimination under Title VII and contains a normative discussion which argues—consistent with the position of other commentators, some courts, and ...


You And Your Rights: An Integrated Curriculum For The Washington Post Newspaper In Education Program, Maryam Ahranjani 2017 University of New Mexico

You And Your Rights: An Integrated Curriculum For The Washington Post Newspaper In Education Program, Maryam Ahranjani

Faculty Scholarship

In this guide you will find a timeline, legal background and additional perspectives on Gavin Grimm v. Gloucester County School Board. Student activities are provided to apply what students have read and to write letters to different stakeholders in providing transgender student access to school bathrooms and a safe school environment. Does Title IX extend protection from sex discrimination in public schools to transgender youth?


Homosexuality And Nullity - Developing Jurisprudence, Rev. Msgr. Walter F. Kenny 2017 St. John's University School of Law

Homosexuality And Nullity - Developing Jurisprudence, Rev. Msgr. Walter F. Kenny

The Catholic Lawyer

No abstract provided.


Constitutional Law And The Role Of Scientific Evidence: The Transformative Potential Of Doe V. Snyder, Melissa Hamilton 2017 University of Houston Law Center

Constitutional Law And The Role Of Scientific Evidence: The Transformative Potential Of Doe V. Snyder, Melissa Hamilton

Boston College Law Review

In late 2016, U.S. Court of Appeals for the Sixth Circuit’s concluded in Does #1–5 v. Snyder that Michigan’s sex offender registry and residency restriction law constituted an ex post facto punishment in violation of the constitution. In its decision, the Sixth Circuit engaged with scientific evidence that refutes moralized judgments about sex offenders, specifically that they pose a unique and substantial risk of recidivism. This Essay is intended to highlight the importance of Snyder as an example of the appropriate use of scientific studies in constitutional law.


Rape Law Gatekeeping, Corey Rayburn Yung 2017 University of Kansas School of Law

Rape Law Gatekeeping, Corey Rayburn Yung

Boston College Law Review

Police across the United States regularly act as hostile gatekeepers who prevent rape complaints from advancing through the criminal justice system by fervently policing the culturally disputed concept of “rape.” Victims are regularly disbelieved, rape kits are discarded without investigation, and, as a result, rapists remain free. The substantial empirical evidence and stories from victims across the United States demonstrate that any success in decreasing sexual violence hinges on removing the numerous police-imposed obstacles inhibiting investigation and adjudication in rape cases, beginning with substantial reform of police practices. An examination of modern cases and the historical record indicates that the ...


Beyond Rehabilitation: Constitutional Violations Associated With The Isolation And Discrimination Of Transgender Youth In The Juvenile Justice System, Sonja Marrett 2017 Boston College Law School

Beyond Rehabilitation: Constitutional Violations Associated With The Isolation And Discrimination Of Transgender Youth In The Juvenile Justice System, Sonja Marrett

Boston College Law Review

The juvenile justice system is predicated on a theory of rehabilitation with concern for protecting juveniles and society. For lesbian, gay, bisexual, and transgender (“LGBT”) youth, however, the system has developed into a punitive arrangement. LGBT youth face higher rates of criminalization and incarceration for non-violent crimes than any other group of youth. They also face unique threats, including sexual, physical, and emotional harassment; isolation; and a lack of medical care. Transgender youth are especially impacted. In response, victims have increasingly brought constitutional claims against federal prison officials for unconstitutional conditions of confinement. The courts are inconsistent on whether the ...


Immigration And Naturalization-Petition For Naturalization-Alien, A Veteran Who Served Honorably In The United States Armed Forces, And Whose Requirements For Citizenship Are Otherwise Eased, Cannot Be Denied Citizenship For Lack Of "Good Moral Character" Solely On The Basis Of His Homosexuality, Walter E. Leggett Jr 2017 University of Georgia School of Law

Immigration And Naturalization-Petition For Naturalization-Alien, A Veteran Who Served Honorably In The United States Armed Forces, And Whose Requirements For Citizenship Are Otherwise Eased, Cannot Be Denied Citizenship For Lack Of "Good Moral Character" Solely On The Basis Of His Homosexuality, Walter E. Leggett Jr

Georgia Journal of International & Comparative Law

No abstract provided.


When Choice Itself Hurts The Quality Of Life, Richard Stith 2017 Valparaiso University

When Choice Itself Hurts The Quality Of Life, Richard Stith

Richard Stith

“When Choice Itself Hurts the Quality of Life” (how the results of choice may be seen as the fault of the chooser), Human Life Review, vol. XLII, No. 4, Fall 2016. For a more extensive analysis, see "Her Choice, Her Problem: How Having a Choice Can Diminish Family Solidarity", International Journal of the Jurisprudence of the Family, 2 Intl. J. Jurisprudence Fam. 179 (2011)


Same-Sex Parents And Their Children: Brazilian Case Law And Insights From Psychoanalysis, Helena Campos Refosco, Martha Maria Guida Fernandes 2017 College of William & Mary Law School

Same-Sex Parents And Their Children: Brazilian Case Law And Insights From Psychoanalysis, Helena Campos Refosco, Martha Maria Guida Fernandes

William & Mary Journal of Women and the Law

This Article argues that maternal and paternal functions can be performed by same-sex parents from a psychological point of view. Consequently, the legal recognition of their relationship with their children meets the principle of human dignity pursuant to the Brazilian Federal Constitution.


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