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Panel Vii: International And Comparative Perspectives Of Masculinities, Camille A. Nelson, Valorie K. Vojdik, Barbara Pozzo 2016 Suffolk University Law School

Panel Vii: International And Comparative Perspectives Of Masculinities, Camille A. Nelson, Valorie K. Vojdik, Barbara Pozzo

Camille Nelson

Moderator: Rachel J. Anderson

Panelists:
Camille A. Nelson: Sexuality without Borders: Exploring the Paradoxical Connection between Dancehall and Colonial Law in Jamaica
Valorie K. Vojdik: Masculinities, Feminism and the Turkish Headscarf Ban: Sahin Revisted
Barbara Pozzo: Masculinities Italian Style


Family Law And Gay And Lesbian Family Issues In The Twentieth Century, David L. Chambers, Nancy D. Polikoff 2016 University of Michigan Law School

Family Law And Gay And Lesbian Family Issues In The Twentieth Century, David L. Chambers, Nancy D. Polikoff

Nancy D. Polikoff

Over these thirty years, lesbians and gay men have increasingly challenged conventional definitions of marriage and the family. In this brief article, we tell the story of gay people and family law in the United States across this period. We divide our discussion into two sections: issues regarding the recognition of the same-sex couple relationship and issues regarding gay men and lesbians as parents. These issues overlap, of course, but since family law discussions commonly treat adult-adult issues of all sorts separately from parent-child issues, we believe it convenient and helpful to do so as well.


The Origins Of The Transgender Phenomenon: The Challenge And Opportunity For Training Lawyers, Judges And Policy Makers In The Historicity Of Alfred Kinsey’S Pansexual Worldview, Judith Reisman 2016 Liberty University School of Law

The Origins Of The Transgender Phenomenon: The Challenge And Opportunity For Training Lawyers, Judges And Policy Makers In The Historicity Of Alfred Kinsey’S Pansexual Worldview, Judith Reisman

Faculty Publications and Presentations

How has the country gone from a “firm reliance on the protection of Divine Providence” to where defining marriage as the union of one man and one woman is condemned as constitutionally irrational,and where the use of sex-separate private spaces by biological sex is subject to federal discrimination lawsuits?The answer can be traced to 1948 when Dr. Alfred C. Kinsey launched what was marketed then--and now--as the first “scientific” study of human sexuality.Indeed, Chief Judge of the Seventh Circuit Court of Appeals, Richard Posner extols Kinsey’s study as the “high-water mark of descriptive sexology.”Influential law ...


It's About Money: The Fundamental Contradiction Of "Hobby Lobby", Nomi M. Stolzenberg 2016 USC Law School

It's About Money: The Fundamental Contradiction Of "Hobby Lobby", Nomi M. Stolzenberg

University of Southern California Legal Studies Working Paper Series

This Article contends that arguments for and against Hobby Lobby both fail to comprehend the special nature of money. As a consequence, opponents of Hobby Lobby wrongly deny the existence of a substantial burden, while Hobby Lobby's supporters fail to see that the understanding of financial transactions that underlies their conception of complicity refutes their libertarian views. Financial complicity, as construed by Hobby Lobby's proponents, should be recognized as a burden on religious exercise. But for the same reason that the financial obligations imposed by the "contraceptive mandate" constitute a burden, they also correlate to countervailing state interests ...


Homosexuality - A New Ground For Annulment?, 2016 St. John's University School of Law

Homosexuality - A New Ground For Annulment?

The Catholic Lawyer

No abstract provided.


Invalidity Of Marriage By Reason Of Sexual Anomalies, Charles J. Ritty, J.C.L. 2016 St. John's University School of Law

Invalidity Of Marriage By Reason Of Sexual Anomalies, Charles J. Ritty, J.C.L.

The Catholic Lawyer

No abstract provided.


Sexual Offenses - Legal And Moral Considerations, S. Oley Cutler, S.J. 2016 St. John's University School of Law

Sexual Offenses - Legal And Moral Considerations, S. Oley Cutler, S.J.

The Catholic Lawyer

No abstract provided.


The Two Laws Of Sex Stereotyping, Noa Ben-Asher 2016 Elisabeth Haub School of Law at Pace University

The Two Laws Of Sex Stereotyping, Noa Ben-Asher

Boston College Law Review

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 ...


Underenforcement As Unequal Protection, Deborah Tuerkheimer 2016 Northwestern University Pritzker School of Law

Underenforcement As Unequal Protection, Deborah Tuerkheimer

Boston College Law Review

Rape law is largely underenforced. Yet criticism of policing practices has myopically focused on enforcement excesses, thus overlooking the problem of the state withholding protective resources. This neglect is particularly troubling where sexual violence is at issue. Empirical evidence demonstrates the operation of pervasive biases in police officers’ decisions not to pursue an investigation. Over time, law enforcement officers have discriminated against rape victims with immunity. Recently, however, this has changed. This Article is the first to describe a new effort by the United States Department of Justice to hold law enforcement officers accountable for failing to protect victims of ...


Sexual Anomalies And The Law, John R. Cavanagh 2016 St. John's University School of Law

Sexual Anomalies And The Law, John R. Cavanagh

The Catholic Lawyer

No abstract provided.


Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography, Cory L. Takeuchi 2016 University of Georgia School of Law

Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography, Cory L. Takeuchi

Georgia Journal of International & Comparative Law

No abstract provided.


Sovereignty Considerations And Social Change In The Wake Of India's Recent Sodomy Cases, Deepa Das Acevedo 2016 University of Pennsylvania

Sovereignty Considerations And Social Change In The Wake Of India's Recent Sodomy Cases, Deepa Das Acevedo

Faculty Scholarship

American constitutional law scholars have long questioned whether courts can really drive social reform, and this position remains largely unchallenged even in the wake of recent landmark decisions affecting the LGBT community. In contrast, court watchers in India — spurred by developments in a special type of legal action developed in the late 1970s known as “public interest litigation,” or “PIL” — have only recently begun questioning the judiciary’s ability to promote progressive social change. Indian scholarship on this point has veered between despair that PIL cases no longer reliably produce good outcomes for India’s most disadvantaged, and optimism that ...


Tolerance Of Sexual Harassment: A Laboratory Paradigm, David J. Angelone, Damon Mitchell, Kara Carola 2016 Rowan University

Tolerance Of Sexual Harassment: A Laboratory Paradigm, David J. Angelone, Damon Mitchell, Kara Carola

D.J. Angelone

The present study attempted to develop a laboratory analogue for the study of tolerance for sexual harassment by using an online speed-dating paradigm. In that context, the relation between participants’ sexual harassment attitudes, perpetrator attractiveness, perpetrator status, and perceived dating potential of the perpetrator were examined as factors influencing participants’ tolerance of sexually harassing behavior. Participants were 128 female college students from a small northeastern public university. Results indicated that attractiveness, high social status, and attitudinal beliefs about sexual harassment were all predictive of tolerance for sexual harassment, providing preliminary support for the validity of this paradigm. In addition, participants ...


Design And Deviance: Patent As Symbol, Rhetoric As Metric (Parts 1 And 2), Charles E. Colman 2016 NYU School of Law

Design And Deviance: Patent As Symbol, Rhetoric As Metric (Parts 1 And 2), Charles E. Colman

Charles Colman

This project, initially published as a two-part series of articles entitled 'Design and Deviance: Patent as Symbol, Rhetoric as Metric,' reveals the unrecognized power of gender and sexuality norms in the deep discourse of pivotal American case law on design patents.

In Part 1, I argue that late nineteenth-century cultural developments in the urban Northeast gave rise to a stigma surrounding the "ornamental" and "decorative" works under the then-exclusive purview of design-patent protection. Among the politically dominant segments of American society, the creation, appreciation, and consumption of design "for its own sake" grew increasingly intertwined with notions of decadence, effeminacy ...


Child Marriage In Yemen: A Violation Of International Law, Elizabeth Verner 2016 University of Georgia School of Law

Child Marriage In Yemen: A Violation Of International Law, Elizabeth Verner

Georgia Journal of International & Comparative Law

No abstract provided.


Diversity In The Boardroom: A Content Analysis Of Corporate Proxy Disclosures, Aaron A. Dhir 2016 Osgoode Hall Law School

Diversity In The Boardroom: A Content Analysis Of Corporate Proxy Disclosures, Aaron A. Dhir

Aaron A. Dhir

My work in this field has focused on regulation by quota and regulation by disclosure. With regard to quotas, strikingly, the Norwegian law is not located in regulation that explicitly deals with human rights or equality issues; rather, it is found in the heart of the legal regime that gives life and personality to corporations – in Norwegian corporate law. I have conducted qualitative, interview-based research with Norwegian corporate directors, both men and women. It is only through understanding how the goals of the law have translated into the day-to-day existence of these individuals that we can begin to consider the ...


Employment Discrimination: Have The Federal Courts Reached A Consensus On How To Interpret Title Vii Claims Alleged By Plaintiffs Who Identify As Lesbian, Gay, Bisexual, Or Transgender?, Larkin Nicholas 2016 American University Washington College of Law

Employment Discrimination: Have The Federal Courts Reached A Consensus On How To Interpret Title Vii Claims Alleged By Plaintiffs Who Identify As Lesbian, Gay, Bisexual, Or Transgender?, Larkin Nicholas

Labor & Employment Law Forum

No abstract provided.


Marriage, Abortion And Coming Out, Sylvia A. Law, Scott Skinner-Thompson, Hugh Baran 2016 NYU School of Law

Marriage, Abortion And Coming Out, Sylvia A. Law, Scott Skinner-Thompson, Hugh Baran

New York University Public Law and Legal Theory Working Papers

Over the past two decades, legal protections for lesbian, gay, and bisexual individuals have dramatically expanded. Simultaneously, meaningful access to reproductive choice for women has been eroded. What accounts for the different trajectories of LGBTQ rights and reproductive rights?

This Essay argues that one explanation — or at least partial explanation — for the advance of LGBTQ rights relative to reproductive rights is the differing degree to which individuals have come out about their experiences with sexuality compared to coming out about experiences with unplanned pregnancies. In particular, as catalogued in this Essay, popular media portrayals of lesbian and gay individuals have ...


Religious Freedom In Faith Based Educational Institutions In The Wake Of Obergefell V. Hodges: Believers Beware, Charles J. Russo 2016 Brigham Young University Law School

Religious Freedom In Faith Based Educational Institutions In The Wake Of Obergefell V. Hodges: Believers Beware, Charles J. Russo

Brigham Young University Education and Law Journal

No abstract provided.


Probable Cause To Protect Children: The Connection Between Child Molestation And Child Pornography, Nicholas Pisegna 2016 Boston College Law School

Probable Cause To Protect Children: The Connection Between Child Molestation And Child Pornography, Nicholas Pisegna

Boston College Journal of Law & Social Justice

The federal Circuit Courts of Appeal are divided regarding whether probable cause to search for evidence of child molestation provides probable cause to search for child pornography. This Note examines the relationship among the decisions of the Circuit Courts of Appeal, delves into the empirical evidence regarding the relationship between child pornography and child molestation, and analyzes how the “flexible, non-technical” probable cause standard properly interacts with this relationship. In United States v. Colbert, the U.S. Court of Appeals for the Eighth Circuit concluded that, because of the “intuitive relationship” between child molestation and child pornography, a warrant to ...


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