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La Construcción Contra El Desarrollo: Dos Maneras Distintas De Entender La Gestación Humana, Richard Stith 2016 Valparaiso University

La Construcción Contra El Desarrollo: Dos Maneras Distintas De Entender La Gestación Humana, Richard Stith

Law Faculty Publications

No abstract provided.


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.


Retroactive Recognition Of Same-Sex Marriage For The Purposes Of The Confidential Marital Communications Privilege, Steven A. Young 2016 College of William & Mary Law School

Retroactive Recognition Of Same-Sex Marriage For The Purposes Of The Confidential Marital Communications Privilege, Steven A. Young

William & Mary Law Review

No abstract provided.


A Free Speech Response To The Gay Rights/Religious Liberty Conflict, Andrew Koppelman 2016 Northwestern University

A Free Speech Response To The Gay Rights/Religious Liberty Conflict, Andrew Koppelman

Northwestern University Law Review

The most sensible reconciliation of the tension between religious liberty and public accommodations law, in the recent cases involving merchants with religious objections to same-sex marriage, would permit business owners to present their views to the world, but forbid them either to threaten to discriminate or to treat any individual customer worse than others. Even if such businesses have no statutory right to refuse to facilitate ceremonies they regard as immoral, they are unlikely to be asked to participate in those ceremonies. This solution may, however, be forbidden by the law of hostile environment harassment. That raises a severe free ...


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 ...


The Freedom To Film Pornography, Marc J. Randazza 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Freedom To Film Pornography, Marc J. Randazza

Nevada Law Journal

No abstract provided.


Can Prostitution Law Reform Curb Sex Trafficking? Theory And Evidence On Scale Substitution, And Replacement Effects, Simon Hedlin 2016 Harvard Kennedy School

Can Prostitution Law Reform Curb Sex Trafficking? Theory And Evidence On Scale Substitution, And Replacement Effects, Simon Hedlin

University of Michigan Journal of Law Reform

Sex trafficking, a pervasive problem in many parts of the world, has become increasingly salient to policymakers and the general public. Activists, politicians, and scholars continue to engage in debates about how best to curb it. This Article discusses one especially contentious dimension of these debates: does banning prostitution reduce sex trafficking? Or is legalizing prostitution the optimal approach? Or is there a third, better way? Proceeding both theoretically and empirically, this Article seeks to cast light on the relationship between different types of prostitution laws and the prevalence of sex trafficking and human trafficking. It attempts to make three ...


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 ...


"With My People": Tunisia’S Lgbt Ngos And Activists, Meagan Burt 2016 SIT Study Abroad

"With My People": Tunisia’S Lgbt Ngos And Activists, Meagan Burt

Independent Study Project (ISP) Collection

The Tunisian Revolution brought a sharp increase in the number of NGOs in the country, as well as a plethora of new rights which were unprecedented during the reign of former leader Ben Ali. Among these new organizations were those which specialized in progressing LGBT rights. The current laws in Tunisia, established during the French protectorate era, criminalize homosexuality and vaguely worded disgraces to public dignity. The revolution has allowed these organizations to exist and politically oppose these laws, yet LGBT Tunisians still experience a harassment, arrests, and intrusive anal examinations.

This study compares three LGBT NGOs – Damj, Mawjoudin, and ...


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