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National Report: Belgium, Frederik Swennen, Yves-Henri Leleu 2011 American University Washington College of Law

National Report: Belgium, Frederik Swennen, Yves-Henri Leleu

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Canada, Marie-France Bureau 2011 American University Washington College of Law

National Report: Canada, Marie-France Bureau

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Amending The Defense Of Marriage Act: A Necessary Step Toward Gaining Full Legal Rights For Same-Sex Couples, Nancy Kubasek, Christy Glass, Kate Cook 2011 American University Washington College of Law

Amending The Defense Of Marriage Act: A Necessary Step Toward Gaining Full Legal Rights For Same-Sex Couples, Nancy Kubasek, Christy Glass, Kate Cook

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Doma And Diffusion Theory: Ending Animus Legislation Through A Rational Basis Approach, David J. Herzig 2011 Valparaiso University School of Law

Doma And Diffusion Theory: Ending Animus Legislation Through A Rational Basis Approach, David J. Herzig

Law Faculty Publications

Same-sex couple rights are the topic of much discussion and debate. There are court challenges to the constitutionality of the Defense of Marriage Act (“DOMA”) as well as proposed marriage statutes. The message and the structure for the recognition of same-sex rights need to be modified. This Article proposes applying, for the first time in the area, modern sociology theory, specifically Diffusion Theory, to change how the message is delivered. Using Diffusion Theory to change the message frame will change judicial decisions. By using the backdrop of the Florida adoption statute, a comparison between the successful challenges to the Florida ...


Discrimination By Comparison, Suzanne B. Goldberg 2011 Columbia Law School

Discrimination By Comparison, Suzanne B. Goldberg

Faculty Scholarship

Contemporary discrimination law is in crisis, both methodologically and conceptually. The crisis arises in large part from the judiciary's dependence on comparatorsthose who are like a discrimination claimant but for the protected characteristic -as a favored heuristic for observing discrimination. The profound mismatch of the comparator methodology with current understandings of identity discrimination and the realities of the modern workplace has nearly depleted discrimination jurisprudence and theory. Even in run-of-the-mill cases, comparators often cannot be found, particularly in today's mobile, knowledge-based economy. This difficulty is amplified for complex claims, which rest on thicker understandings of discrimination developed in ...


Open Service And Our Allies: A Report On The Inclusion Of Openly Gay And Lesbian Servicemembers In U. S. Allies' Armed Forces, Suzanne B. Goldberg 2011 Columbia Law School

Open Service And Our Allies: A Report On The Inclusion Of Openly Gay And Lesbian Servicemembers In U. S. Allies' Armed Forces, Suzanne B. Goldberg

Faculty Scholarship

In the wake of the Obama Administration's pledge to repeal "Don't Ask, Don't Tell" in the United States, the Columbia Law School Sexuality & Gender Law Clinic undertook a review of how allies of the United States moved from a policy of banning gay and lesbian servicemembers from serving in the armed forces to a policy of allowing these servicemembers to serve openly ("open service"). In documenting this review, this report aims to provide information about the decision to implement open service and the mechanics of the transition to open service in Australia, Canada, Israel, and the United ...


Regulatory Fictions: On Marriage And Countermarriage, Elizabeth F. Emens 2011 Columbia Law School

Regulatory Fictions: On Marriage And Countermarriage, Elizabeth F. Emens

Faculty Scholarship

Debates about marriage currently capture much public attention. Scholars have pushed beyond the question of whether gays are worthy of marriage to ask whether marriage is worthy of gays. The present moment of questioning marriage in its current form may be brief Thus, we should take this opportunity to imagine the widest possible range of alternatives to our current marriage regime-what I call countermarriage regimes. This Essay draws on two unlikely sources of legal innovation to expand our thinking about marriage alternatives: literature and anti-gay law. Literature offers an array of countermarriage regimes, including exploding marriage, threestrikes marriage, line marriage ...


What Happened In Iowa?, David Pozen 2011 Columbia Law School

What Happened In Iowa?, David Pozen

Faculty Scholarship

November 2, 2010 is the latest milestone in the evolution of state judicial elections from sleepy, sterile affairs into meaningful political contests. Following an aggressive ouster campaign, voters in Iowa removed three supreme court justices, including the chief justice, who had joined an opinion finding a constitutional right to same-sex marriage. Supporters of the campaign rallied around the mantra, "It's we the people, not we the courts." Voter turnout surged to unprecedented levels; the national media riveted attention on the event. No sitting Iowa justice had ever lost a retention election before. This essay -- a reply to Nicole Mansker ...


Public Sex, Same-Sex Marriage, And The Afterlife Of Homophobia, Katherine M. Franke 2011 Columbia Law School

Public Sex, Same-Sex Marriage, And The Afterlife Of Homophobia, Katherine M. Franke

Faculty Scholarship

The summer of 2011 marked an important turning-point in the geography and politics of sex: public sex, previously a domain dominated by the specter of a hypersexualized gay man, became the province of the irresponsible, foolish, and self-destructive heterosexual man, such as Anthony Weiner. Meanwhile, homosexuals were busy domesticating their sexuality in the private domain of the family. Just as hetero-sex shamefully seeped out into the open, homo-sex disappeared from view into the dignified pickets of private kinship. In this essay I examine the panic that unfolded in connection with Representative Weiner’s tweets as a kind of afterlife of ...


Dignifying Rights: A Comment On Jeremy Waldron’S Dignity, Rights, And Responsibilities, Katherine M. Franke 2011 Columbia Law School

Dignifying Rights: A Comment On Jeremy Waldron’S Dignity, Rights, And Responsibilities, Katherine M. Franke

Faculty Scholarship

This essay offers a commentary on Jeremy Waldron’s Shoen Lecture, Dignity, Rights, and Responsibilities, delivered at the Sandra Day O'Connor College of Law at Arizona State University in October of 2011. The Shoen Lecture, building on Waldron’s account of the relation of rights and dignity set out in the 2009 Tanner Lectures, provides a robust conception of human dignity based not on the inherent moral worth of each human person, but rather on a notion of status or rank. The most compelling contribution of Waldron’s new paper is his careful unbraiding of the complex relationship of ...


Sex Therapy In The Age Of Viagra: “Money Can't Buy Me Love”, Susan Ekberg Stiritz, Susan Frelich Appleton 2011 St. Louis Psychoanalytic Institute

Sex Therapy In The Age Of Viagra: “Money Can't Buy Me Love”, Susan Ekberg Stiritz, Susan Frelich Appleton

Washington University Journal of Law & Policy

This Essay presents the development of Viagra® as a pharmaceutical model for sex therapy. The authors say that the drug has started the movement for contraceptive equity, and the U.S. Food and Drug Administration (FDA) did not formally recognized its impact on men and women's use following its 1998 approval. They authors offer that William Masters and Virginia Johnson's theory of the human response cycle shows an innovative view of female sexuality and the identification of sexual dysfunction.


Erotic Entitlements Part I: A Reply To Sex Therapy In The Age Of Viagra: “Money Can't Buy Me Love”, Adrienne D. Davis 2011 Washington University School of Law

Erotic Entitlements Part I: A Reply To Sex Therapy In The Age Of Viagra: “Money Can't Buy Me Love”, Adrienne D. Davis

Washington University Journal of Law & Policy

An Essay is presented in response to Susan Stiritz and Susan Appleton's essay “Sex Therapy in the Age of Viagra: Money Can't Buy Me Love.” The author states that the paper of Stiritz and Appleton refers to the dangerous power of viagra and charges it for having a dominative power rather than producing an equal interpersonal mutuality. He adds that the paper laid an increasing weakness on women's reproductive rights against their respect for the dominance of male's sexual pleasure.


Employment, Sexual Orientation And Religious Beliefs: Do Religious Educational Institutions Have A Protected Right To Discriminate In The Selection And Discharge Of Employees?, Ralph D. Mawdsley 2011 Cleveland State University

Employment, Sexual Orientation And Religious Beliefs: Do Religious Educational Institutions Have A Protected Right To Discriminate In The Selection And Discharge Of Employees?, Ralph D. Mawdsley

Law Faculty Articles and Essays

The life blood of religious educational institutions is their doctrinal statements and codes of conduct that set standards for employee and student life. The purpose of this paper is to examine the freedom of religious educational institutions to make employment decisions related to three homosexuality related areas: sexual orientation, same-sex sexual activity outside marriage, and same-sex marriage. At the core of the discussion is the basic question whether religious educational institutions have a protected right to enforce doctrinal statements or codes of conduct addressing one or more of these areas.

This paper will examine legal issues related to the ability ...


Compensating Differentials For Sexual Harassment, Joni Hersch 2011 Vanderbilt University Law School

Compensating Differentials For Sexual Harassment, Joni Hersch

Vanderbilt Law School Faculty Publications

This paper provides evidence of the relation between the risk of sexual harassment and wages. While one approach to detecting the effect on wages of sexual harassment would be to estimate wage equations controlling for whether an individual reports that he or she had been sexually harassed, sexual harassment on the job is unlikely to be exogenous with respect to wages, and it is difficult to identify appropriate variables that would allow instrumental variables estimation. In addition, there are almost no data reporting information on sexual harassment as well as wages and other determinants of wages. To avoid these problems ...


You Can Only Race If You Can’T Win? The Curious Cases Of Oscar Pistorius & Caster Semenya, Shawn M. Crincoli 2011 Touro Law Center

You Can Only Race If You Can’T Win? The Curious Cases Of Oscar Pistorius & Caster Semenya, Shawn M. Crincoli

Scholarly Works

No abstract provided.


Laws As Tactics, Dean Spade 2011 Seattle University School of Law

Laws As Tactics, Dean Spade

Faculty Scholarship

This article will look at how trans scholarship and activism have taken up disciplinary critiques of gender, often influenced by Butler, and suggest that further development of critical trans perspectives focused on sites of regularization is needed, for which Butler's work on governmentality can be useful. To start, it describes some of the key concepts from Butler's work that have been taken up in trans politics and briefly reviews the distinctions Foucault offers between sovereignty, discipline and biopolitics. The article then examines some of the ways that trans politics has critiqued disciplinary norms, looking at resistance to the ...


Masthead, Editors 2011 University of Pennsylvania Law School

Masthead, Editors

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Interstate Recognition Of Parent-Child Relationships: The Limits Of The State Interests Paradigm And The Role Of Due Process, Steve Sanders 2011 Indiana University Maurer School of Law

Interstate Recognition Of Parent-Child Relationships: The Limits Of The State Interests Paradigm And The Role Of Due Process, Steve Sanders

Articles by Maurer Faculty

How secure are the legal relationships between gay or lesbian parents and their children when those families move from one state to another? What happens when a non-biological parent who has been legally recognized as a full parent under the laws of one state moves with her same-sex spouse and their child to a different state where public policy is unfriendly toward same-sex relationships? Or what happens when a same-sex couple adopts a child, thus becoming its full legal parents, then seeks recognition of their parental status in a different state?

In this Article I argue that the traditional doctrines ...


Predators And Propensity: The Proper Approach For Determining The Admissibility Of Prior Bad Acts Evidence In Child Sexual Abuse Prosecutions, Basyle Tchividjian 2011 Liberty University

Predators And Propensity: The Proper Approach For Determining The Admissibility Of Prior Bad Acts Evidence In Child Sexual Abuse Prosecutions, Basyle Tchividjian

Basyle Tchividjian

The admissibility of prior bad act evidence in child sexual abuse prosecutions oftentimes makes the difference between a guilty and not guilty verdict. Recently, jurisdictions have growingly embraced the admission of such evidence for the purpose of establishing the defendant’s propensity to sexually victimize children. Due to the potentially high prejudicial effect of admitting propensity evidence, it is more critical than ever that courts carefully apply the decisive evidentiary gatekeeper, the probative value balancing test of Federal Rule of Evidence 403 and its state equivalents. Over the years, courts and legislators have attempted to develop analytical frameworks to be ...


When The Child Abuser Has A Bible: Investigating Child Maltreatment Sanctioned Or Condoned By A Religious Leader, Basyle Tchividjian, Victor Vieth 2011 Liberty University

When The Child Abuser Has A Bible: Investigating Child Maltreatment Sanctioned Or Condoned By A Religious Leader, Basyle Tchividjian, Victor Vieth

Faculty Publications and Presentations

In many cases of child sexual and physical abuse, perpetrators use religious or spiritual themes to justify their abuse of a child. Although no known religion in modern culture suggests that sexual abuse is condoned or taught as part of its tenets, some church leaders engage in conduct suggesting the child is equally, if not more to blame than the perpetrator, while also urging immediate reconciliation between the perpetrator and victim. In more than one case, pastors have asked children to confess their own “sins” in being sexually abused and have even required children to “confess” in front of an ...


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