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2,271 full-text articles. Page 57 of 63.

Cloning And The Lgbti Family: Cautious Optimism, Erez Aloni 2010 Whittier Law School

Cloning And The Lgbti Family: Cautious Optimism, Erez Aloni

Erez Aloni

While fertile, opposite-sex couples can have children who carry a mix of their genes without involving third parties in the reproductive process, this option is not available to the majority of the LGBTI community. If this were simply a biological fact, it would not raise any equal protection or other constitutional issues. However, emerging technologies in the field of reproductive cloning may offer the LGBTI community the chance to have genetically related children—possibly even with a mix of both partners’ genes. As such, bans on federally funding research that would help to refine and ensure the safety and efficacy ...


Feminism, Power, And Sex Work In The Context Of Hiv/Aids: Consequences For Women's Health, Aziza Ahmed 2010 Northeastern University School of Law

Feminism, Power, And Sex Work In The Context Of Hiv/Aids: Consequences For Women's Health, Aziza Ahmed

Aziza Ahmed

No abstract provided.


On Equality: The Anti-Interference Principle, Donald J. Kochan 2010 Chapman University School of Law

On Equality: The Anti-Interference Principle, Donald J. Kochan

Donald J. Kochan

This Essay introduces the “Anti-Interference Principle” – a new term on the meaning of equality, or at least one not yet so-named in the equality lexicon – as a necessary foundation for achieving the goal of true equality. Equality has a long-standing place in the discussion of politics and jurisprudence and remains a struggle of definition today. Rather than rehash the mass of scholarship, this Essay seeks to summarize the general equality concept, and propose that the legal discourse on equality center on a requirement that governmental power must protect and respect equal treatment and opportunity, unconstrained, not equal outcomes. It argues ...


Safe Schools: The Threat From Within?, Donn Short 2010 University of Manitoba Faculty of Law

Safe Schools: The Threat From Within?, Donn Short

Donn Short

Safe school policies in many urban schools in Ontario have featured security guards, electronic surveillance, student identification tags, discipline, and zero tolerance. In 2000, the Ontario Ministry of Education passed the Safe Schools Act, which set out a list of offences that could trigger expulsion, suspension, and other disciplinary responses. Interestingly, it did not define safety. In a parallel move, the Toronto District School Board (TDSB) adopted The Equity Foundation Statement in 1999 – a comprehensive commitment to equity and a rally against racism, homophobia, sexism, and oppression based on class. This article explores the disconnect between students’ and teachers’ conceptualization ...


Alternatives To Criminalization Of Hiv Transmission And Exposure, Aziza Ahmed 2010 Northeastern University School of Law

Alternatives To Criminalization Of Hiv Transmission And Exposure, Aziza Ahmed

Aziza Ahmed

No abstract provided.


Requirements Of A Valid Islamic Marriage Vis-À-Vis Requirements Of A Valid Customary Marriage In Nigeria, olanike sekinat odewale mrs 2010 Lead City University, Ibadan

Requirements Of A Valid Islamic Marriage Vis-À-Vis Requirements Of A Valid Customary Marriage In Nigeria, Olanike Sekinat Odewale Mrs

Olanike Sekinat Adelakun

Marriage is a universal institution which is recognized and respected all over the world. As a social institution, marriage is founded on and governed by the social and religious norms of the society. Consequently, the sanctity of marriage is a well accepted principle in the world community .
Marriage could either be monogamous or polygamous in nature. A monogamous marriage has bee described as ‘…the voluntary union for life of one man and one woman to the exclusion of all others’ . A polygamous marriage on the other hand can be defined as a voluntary union for life of one man with ...


Sex Work By Law: Bedford's Impact On The Municipal Regulation Of Sex Work, Elaine Craig 2010 Selected Works

Sex Work By Law: Bedford's Impact On The Municipal Regulation Of Sex Work, Elaine Craig

Elaine Craig

The recent Ontario trial decision in Bedford suggests three interrelated principles that municipal law makers should consider when formulating bylaws aimed at regulating sex work. These principles, if upheld on appeal, will inform the constitutionality of both current and prospective bylaws regulating sex work in Canadian cities. In Bedford, Justice Himel concluded that the constitutionality of laws regulating the sex trade must be determined in a legal context which recognizes the violence faced by sex workers. She confirmed that laws that indirectly make sex work more dangerous and harmful must be consistent with those principles that our legal system, through ...


Interview With Professor Martha Albertson Fineman, Linnéa Wegerstad, Niklas Selberg 2010 Lund University

Interview With Professor Martha Albertson Fineman, Linnéa Wegerstad, Niklas Selberg

Niklas Selberg

No abstract provided.


Incrementalism, Civil Unions, And The Possibility Of Predicting Legal Recognition Of Same-Sex Marriage, Erez Aloni 2010 Whittier Law School

Incrementalism, Civil Unions, And The Possibility Of Predicting Legal Recognition Of Same-Sex Marriage, Erez Aloni

Erez Aloni

Scholars who have examined the legal recognition of same-sex partnerships in European countries have concluded that the path to the legalization of same-sex marriage follows an incremental process involving specific stages. They suggest that it is possible to predict, based on certain visible social and legal processes or assessable parameters, which U.S. states will be the next to recognize same-sex marriage. These scholars argue that such small cumulative legal changes at the state level constitute the best means of legalizing same-sex marriage in the United States, and that civil unions are a necessary step in this process. This article ...


Managing Radical Disputes: Public Reason, The American Dream, And The Case Of Same-Sex Marriage, Keith Bybee, Cyril Ghosh 2010 Syracuse University, College of Law

Managing Radical Disputes: Public Reason, The American Dream, And The Case Of Same-Sex Marriage, Keith Bybee, Cyril Ghosh

Keith J. Bybee

This paper proposes that ambiguous arguments play a crucial role in the management of radical disputes in democratic deliberation. Lofty though it might be, public reason is an impoverished ideal, and its celebrated role in democratic deliberation is vastly overrated, particularly among liberal theorists. In the courts of law and in the larger world, radical disputes unfold as messy, incomplete, ambiguous arguments are proposed by parties. This does not mean that all communication between parties must break down because parties do not abide by the rules of argumentation and evidentiary reasoning. It only implies that the language of ambiguity offers ...


Good Manners, Gay Rights And The Law, Keith J. Bybee 2010 Syracuse University, College of Law

Good Manners, Gay Rights And The Law, Keith J. Bybee

Keith J. Bybee

In this paper, I argue that the expansion of LGBT rights requires engagement with the common practices of courtesy that confer and reinforce social standing. In order to understand what this engagement with good manners might look like, I outline the basic features of common courtesy and illustrate how courtesy depends on a mix of utility, habit, and pleasure. I argue that if the practice of courtesy is to be re-appropriated, then all three of the factors that underwrite courtesy must be addressed. I also consider the general possibilities for re-configuring courtesy. And, in this vein, I suggest that the ...


'Homosexists': Fanatical Misogynists, Judith A. Reisman PhD 2010 Liberty University School of Law

'Homosexists': Fanatical Misogynists, Judith A. Reisman Phd

Judith A. Reisman

No abstract provided.


Unraveling Lawrence's Concerns About Legislated Morality: The Constitutionality Of Laws Criminalizing The Sale Of Obscene Devices, Nathan R. Curtis 2010 Brigham Young University Law School

Unraveling Lawrence's Concerns About Legislated Morality: The Constitutionality Of Laws Criminalizing The Sale Of Obscene Devices, Nathan R. Curtis

BYU Law Review

No abstract provided.


Replacing Context For Plain Meaning In United States V. Cox , 2010 Brigham Young University Law School

Replacing Context For Plain Meaning In United States V. Cox

BYU Law Review

No abstract provided.


Take 'Pride' In A Death Sentence?, Judith Reisman 2010 Liberty University School of Law

Take 'Pride' In A Death Sentence?, Judith Reisman

Judith A. Reisman

No abstract provided.


Privacy Torts: Unreliable Remedies For Lgbt Plaintiffs, Anita L. Allen 2010 University of Pennsylvania

Privacy Torts: Unreliable Remedies For Lgbt Plaintiffs, Anita L. Allen

Faculty Scholarship

In the United States, both constitutional law and tort law recognize the right to privacy, understood as legal entitlement to an intimate life of one’s own free from undue interference by others and the state. Lesbian, gay, bisexual, and transgender (“LGBT”) persons have defended their interests in dignity, equality, autonomy, and intimate relationships in the courts by appealing to that right. In the constitutional arena, LGBT Americans have claimed the protection of state and federal privacy rights with a modicum of well-known success. Holding that homosexuals have the same right to sexual privacy as heterosexuals, Lawrence v. Texas symbolizes ...


Big Porno And California's Pot Prop, Judith A. Reisman PhD 2010 Liberty University School of Law

Big Porno And California's Pot Prop, Judith A. Reisman Phd

Judith A. Reisman

No abstract provided.


Kinsey Minions Continue Child Sex Abuse, Judith A. Reisman PhD 2010 Liberty University School of Law

Kinsey Minions Continue Child Sex Abuse, Judith A. Reisman Phd

Judith A. Reisman

No abstract provided.


El Papel De La Educación Y Las Ong’S En Mejorar El Acceso A Derechos Para Inmigrantes: El Caso De Los Derechos Sexuales Y Reproductivos = The Role Of Education And Ngo’S In Helping Immigrants Obtain Better Access To Their Rights: The Specific Case Of Sexual And Reproductive Rights, Amy Torres 2010 SIT Study Abroad

El Papel De La Educación Y Las Ong’S En Mejorar El Acceso A Derechos Para Inmigrantes: El Caso De Los Derechos Sexuales Y Reproductivos = The Role Of Education And Ngo’S In Helping Immigrants Obtain Better Access To Their Rights: The Specific Case Of Sexual And Reproductive Rights, Amy Torres

Independent Study Project (ISP) Collection

In January of 2004, Argentina approved a new immigration law that guaranteed the protection of human rights for all immigrants in the country regardless of their legal status with the State. Among the rights explicitly guaranteed by this law were the right to migrate, the right to education and the right to health care. While this law represents a significant advance by the Argentine government in protecting the human rights of immigrants, oppressive mechanisms still remain in everyday practices that inhibit actual access to their rights.

Considering the changes in the law and the breach between the laws and everyday ...


To Catch A Predator, Amy M. Adler 2010 NYU School of Law

To Catch A Predator, Amy M. Adler

New York University Public Law and Legal Theory Working Papers

In the last two decades, a new term—“sexual predator”—has arisen to describe criminals who commit sexual offenses against children. We used to refer to such offenders as “pedophiles” or perhaps “child molesters.” First emerging in the 1990s, the word “predator” has become a term of art in legal regulation and a mainstay in media reports and in the popular imagination. Yet since the term “predator” first emerged in legal discourse, its meaning has expanded and mutated to include a broadening array of sex criminals.

In this interdisciplinary paper, I explore the wildly popular– and controversial— television series called ...


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