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Prenatal Abandonment: 'Horton Hatches The Egg' In The Supreme Court And Thirty-Four States, Mary M. Beck 2017 Missouri University

Prenatal Abandonment: 'Horton Hatches The Egg' In The Supreme Court And Thirty-Four States, Mary M. Beck

Michigan Journal of Gender and Law

This article addresses an issue critical to forty-one percent of fathers in the United States: prenatal abandonment. Under prenatal abandonment theory, fathers can lose their parental rights to non-marital children if they do not provide prenatal support to the mothers of their children. This is true even if the mothers have not notified the fathers of the pregnancy and if the mothers or fathers are unsure of the fathers’ paternity. While this result may seem counterintuitive, it is necessitated by demographic trends. Prenatal abandonment theory has been structured to protect mothers, fathers, and fetuses in response to a number of ...


Undignified: The Supreme Court, Racial Justice, And Dignity Claims, Darren Lenard Hutchinson 2017 University of Florida Levin College of Law

Undignified: The Supreme Court, Racial Justice, And Dignity Claims, Darren Lenard Hutchinson

UF Law Faculty Publications

The Supreme Court has interpreted the Equal Protection Clause as a formal equality mandate. In response, legal scholars have advocated alternative conceptions of equality, such as antisubordination theory, that interpret equal protection in more substantive terms. Antisubordination theory would consider the social context in which race-based policies emerge and recognize material distinctions between policies intended to oppress racial minorities and those designed to ameliorate past and current racism. Antisubordination theory would also closely scrutinize facially neutral state action that systemically disadvantages vulnerable social groups. The Court has largely ignored these reform proposals. Modern Supreme Court rulings, however, have invoked the ...


An Expressive Theory Of Privacy Intrusions, Craig Konnoth 2017 University of Colorado Law School

An Expressive Theory Of Privacy Intrusions, Craig Konnoth

Articles

The harms of privacy intrusions are numerous. They include discrimination, reputational harm, and chilling effects on speech, thought, and behavior. However, scholarship has yet to fully recognize a kind of privacy harm that this article terms "expressive."

Depending on where the search is taking place and who the actors involved are--a teacher in a school, the police on the street, a food inspector in a restaurant--victims and observers might infer different messages from the search. The search marks the importance of certain societal values such as law enforcement or food safety. It can also send messages about certain groups by ...


Performative Privacy, Scott Skinner-Thompson 2017 University of Colorado Law School

Performative Privacy, Scott Skinner-Thompson

Articles

Broadly speaking, privacy doctrine suggests that the right to privacy is non-existent once one enters the public realm. Although some scholars contend that privacy ought to exist in public, “public privacy” has been defended largely with reference to other, ancillary values privacy may serve. For instance, public privacy may be necessary to make the freedom of association meaningful in practice.

This Article identifies a new dimension of public privacy, supplementing extant justifications for the right, by arguing that many efforts to maintain privacy while in “public” are properly conceptualized as forms of performative, expressive resistance against an ever-pervasive surveillance society ...


Fueling The Terrorist Fires With The First Amendment: Religious Freedom, The Anti-Lgbt Right, And Interest Convergence Theory, Kyle C. Velte 2017 Brooklyn Law School

Fueling The Terrorist Fires With The First Amendment: Religious Freedom, The Anti-Lgbt Right, And Interest Convergence Theory, Kyle C. Velte

Brooklyn Law Review

This article argues that there is a connection between formal equality for LGBT Americans and the United States’ foreign policy and national security interests. It makes that connection utilizing Professor Derek Bell’s interest convergence paradigm. It argues that the new agenda of the American Religious Right is one that seeks to assert quasi-theocratic and anti-Establishment positions in litigation as well as in its promulgation of anti-LGBT laws. This agenda is cloaked in the garb of “religious freedom,” but the Religious Right’s definition of “religious freedom” is one that runs counter to our long-standing understanding of that principle as ...


Pavan V. Smith: Equality For Gays And Lesbians In Being Married, Not Just Getting Married, Steve Sanders 2017 Indiana University Maurer School of Law

Pavan V. Smith: Equality For Gays And Lesbians In Being Married, Not Just Getting Married, Steve Sanders

Articles by Maurer Faculty

No abstract provided.


Mainstreaming Gender: The Influence Of Women's Networks On Prosecuting Sexual Violence At The International Criminal Court, Jessica Maryanne Zaccagnino 2017 Bard College

Mainstreaming Gender: The Influence Of Women's Networks On Prosecuting Sexual Violence At The International Criminal Court, Jessica Maryanne Zaccagnino

Senior Projects Spring 2017

The fall of the Soviet Union in combination with the failures of the international community to intervene in the genocides of the former Yugoslavia and Rwanda spurred a new enthusiasm for human rights as a wholly independent movement, termed the human rights wave. This paradigm shift, identified by Stefan-Ludwig Hoffmann, was an embrace of human rights rooted in the redemption of past wrongs. This project is structured as a jurisprudential genealogy that will explore the human rights wave in the context of the Women’s Caucus for Gender Justice, a facet of the transnational women’s network, and their quest ...


Telling Stories In The Supreme Court: Voices Briefs And The Role Of Democracy In Constitutional Deliberation, Linda H. Edwards 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Telling Stories In The Supreme Court: Voices Briefs And The Role Of Democracy In Constitutional Deliberation, Linda H. Edwards

Scholarly Works

On January 4, 2016, over 112 women lawyers, law professors, and former judges told the world that they had had an abortion. In a daring amicus brief that captured national media attention, the women “came out” to their clients; to the lawyers with or against whom they practice; to the judges before whom they appear; and to the Justices of the Supreme Court.

The past three years have seen an explosion of such “voices briefs,” 16 in Obergefell and 17 in Whole Woman’s Health. The briefs can be powerful, but their use is controversial. They tell the stories of ...


Decriminalized Prostitution: Impunity For Violence And Exploitation, Melanie Shapiro Esq, Donna M. Hughes Dr. 2016 Melanie Shapiro, Esq.

Decriminalized Prostitution: Impunity For Violence And Exploitation, Melanie Shapiro Esq, Donna M. Hughes Dr.

Donna M. Hughes

This paper is a case study of decriminalized prostitution. For 29 years (1980 to 2009) prostitution was decriminalized in Rhode Island. Lack of laws or regulations created a permissive legal, economic and cultural environment for the growth of sex businesses. During this time, sexual exploitation and violence against women and girls were integrated into the economic development of urban areas. The number of sex businesses grew rapidly during this time period. Organized crime groups operated brothels and extorted money from adult entertainment businesses. Rhode Island became a destination for pimps, traffickers, and other violent criminals. The lack of laws impeded ...


Articulando Respuestas: Estándares Sobre Violencia Contra Las Mujeres En El Sistema Interamericano De Derechos Humanos Y Sus Concordancias En El Perú, Beatriz Ramirez 2016 Pontificia Universidad Catolica del Peru

Articulando Respuestas: Estándares Sobre Violencia Contra Las Mujeres En El Sistema Interamericano De Derechos Humanos Y Sus Concordancias En El Perú, Beatriz Ramirez

Beatriz Ramirez

La autora analiza los alcances del Decreto Legislativo N.° 1323: la creación de un delito específico para sancionar la violencia contra las mujeres y los integrantes del grupo familiar; la mejor tipificación de las circunstancias agravantes en los delitos de feminicidio, lesiones graves, lesiones leves y maltrato-falta; una adecuada sanción de la violencia patrimonial; la ampliación de la protección contra la violencia psicológica; la incorporación de los delitos de explotación sexual, esclavitud y otros similares; y un listado taxativo de categorías prohibidas de discriminación. Por otro lado, examina y rebate cada uno de los argumentos de la Comisión de Constitución ...


Fighting Back Against Revenge Porn: A Legislative Solution, Alex Jacobs 2016 Northwestern University School of Law

Fighting Back Against Revenge Porn: A Legislative Solution, Alex Jacobs

Northwestern Journal of Law & Social Policy

No abstract provided.


Then And Now: A Study Of Radicalism In "The Normal Heart" And "Clit Notes", Jensen Hykes 2016 Kent State University

Then And Now: A Study Of Radicalism In "The Normal Heart" And "Clit Notes", Jensen Hykes

Excellence in Performing Arts Research

The goal of social justice theater is to inspire audiences to change the way they think, feel, or act pertaining to an oppressed group. Change is instilled through an assimilationist, radical, or matter of fact style of writing. Radical writing aims to shock and awe audiences, forcing them to acknowledge an issue and encourage them to create positive change. Holly Hughes and Larry Kramer utilize this writing style in their work to call attention to injustices against the LGBTQ community. Hughes’s Clit Notes and Kramer’s The Normal Heart were radical works when initially published and contain subject matter ...


The Dynamic Relationship Between Freedom Of Speech And Equality, Timothy Zick 2016 William & Mary Law School

The Dynamic Relationship Between Freedom Of Speech And Equality, Timothy Zick

Faculty Publications

This Article examines the dynamic intersection between freedom of speech and equal protection, with a particular focus on the race and LGBT equality movements. Unlike other works on expression and/or equality, the Article emphasizes the relational and bi-directional connections between freedom of speech and equal protection. Freedom of speech has played a critical role in terms of advancing constitutional equality. However, with regard to both race and LGBT equality, free speech rights also failed in important respects to facilitate equality claims and movements. Advocacy and agitation on behalf of equality rights have also left indelible positive and negative marks ...


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.


Introduction To Symposium: Homophobia In The Halls Of Justice: Sexual Orientation Bias And Its Implications Within The Legal System, Pamela D. Bridgewater, Brenda V. Smith 2016 Selected Works

Introduction To Symposium: Homophobia In The Halls Of Justice: Sexual Orientation Bias And Its Implications Within The Legal System, Pamela D. Bridgewater, Brenda V. Smith

Brenda Smith

No abstract provided.


Why Kim Davis Is Being Sued To Pay Gay, Straight Couples' Legal Fees, David Laconangelo 2016 Christian Science Monitor

Why Kim Davis Is Being Sued To Pay Gay, Straight Couples' Legal Fees, David Laconangelo

Media Collection

No abstract provided.


Punishing Sexual Fantasy, Andrew Gilden 2016 College of William & Mary Law School

Punishing Sexual Fantasy, Andrew Gilden

William & Mary Law Review

The Internet has created unprecedented opportunities for adults and teenagers to explore their sexual identities, but it has also created new ways for the law to monitor and punish a diverse range of taboo sexual communication. A young mother loses custody of her two children due to sexually explicit Facebook conversations. A teenager is prosecuted for child pornography crimes after sending a naked selfie to her teenage boyfriend. An NYPD officer is convicted for conspiracy to kidnap several women based on conversations he had on a “dark fetish” fantasy website. In each of these cases, online sexual exploration and fantasy ...


The Results Of Deliberation, Maggie Wittlin 2016 University of Nebraska College of Law

The Results Of Deliberation, Maggie Wittlin

University of New Hampshire Law Review

When evaluating whether to sue, prosecute, settle, or plead, trial lawyers must predict the future—they need to estimate how likely they are to win a given case in a given jurisdiction. Social scientists have used mock juror studies to produce a vast body of literature showing how different variables influence juror decision making. But few of these studies account for jury deliberation, so they present an impoverished picture of how these effects play out in trials and are of limited usefulness.

This Article helps lawyers better predict the future by presenting a novel computer model that extrapolates findings about ...


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 ...


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