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Full-Text Articles in Law

Fred Fejes' Gay Rights And Moral Panic: The Origins Of America's Debate On Homosexuality (Book Review), Michael Boucai Dec 2010

Fred Fejes' Gay Rights And Moral Panic: The Origins Of America's Debate On Homosexuality (Book Review), Michael Boucai

Book Reviews

No abstract provided.


Torch (November/December 2010), Brandon Baldwin, Civil Rights Team Project Nov 2010

Torch (November/December 2010), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.


Privacy Torts: Unreliable Remedies For Lgbt Plaintiffs, Anita L. Allen Oct 2010

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

All 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 the …


Torch (October 2010), Brandon Baldwin, Civil Rights Team Project Oct 2010

Torch (October 2010), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.


Veiled Women In The American Courtroom: Is The Niqab A Barrier To Justice?, Anita L. Allen Sep 2010

Veiled Women In The American Courtroom: Is The Niqab A Barrier To Justice?, Anita L. Allen

All Faculty Scholarship

U.S. courts and policy-makers have recently authorized laws and practices that interfere with the wearing of religious modesty attire that conceals the hair or face in contexts such as courtroom testimony or driver’s license issuance. For example, in response to a court’s dismissal of the case of a woman who refused to remove her niqab in the courtroom, the Michigan Supreme Court decided that judges can exercise “reasonable control” over the appearance of courtroom parties. But what degree of control over religious attire is reasonable? The Constitution will not allow a blanket niqab removal policy based on any of the …


Torch (September 2010), Brandon Baldwin, Civil Rights Team Project Sep 2010

Torch (September 2010), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.


The Cross-Dressing Case For Bathroom Equality, Jennifer Levi, Daniel Redman Aug 2010

The Cross-Dressing Case For Bathroom Equality, Jennifer Levi, Daniel Redman

Seattle University Law Review

While transgender rights advocates have won many battles in the fight for equality, bathroom discrimination remains a significant obstacle to transgender people’s full participation in society. This Article discusses the reasoning behind the cases that have rejected transgender people’s discrimination claims based on bathroom exclusion. The Article then demonstrates how these arguments mirror the rationales offered by supporters of long-dead, unconstitutional cross-dressing laws. Synthesizing the two bodies of case law, Levi and Redman offer a new way forward for transgender advocates seeking bathroom equality.


Physical-Strength Rationales For De Jure Exclusion Of Women From Military Combat Positions, Maia Goodell Aug 2010

Physical-Strength Rationales For De Jure Exclusion Of Women From Military Combat Positions, Maia Goodell

Seattle University Law Review

Women have been serving in the military in steadily increasing numbers for decades. Nevertheless, the military remains one of the few areas in which the U.S. government decides what roles are open to women based on de jure exclusions. This Article examines the law governing de jure classification, noting that a mere normative belief about women’s proper place in society is an insufficient basis to justify a sex-based exclusion. It then probes the most common rationale advanced in support of the continued de jure exclusion of women: physical strength. The Article examines four problems with the physical strength rationale: (1) …


Book Review, Margot Canaday, The Straight State: Sexuality And Citizenship In Twentieth-Century America, Michael Boucai Aug 2010

Book Review, Margot Canaday, The Straight State: Sexuality And Citizenship In Twentieth-Century America, Michael Boucai

Book Reviews

No abstract provided.


Sex Trafficking Of Women For The Production Of Pornography, Donna M. Hughes Dr. Jun 2010

Sex Trafficking Of Women For The Production Of Pornography, Donna M. Hughes Dr.

Donna M. Hughes

Women used in the production of commercial pornography in the U.S. are often subjected to violence and coercion during filming. Often they protest and try to stop the filming or back-out before filming begins. Their protests are ignored or they are pressured by their agent or the director to continue. Their experiences of coercion and trickery often meet the criteria for sex trafficking. 


Torch (June 2010), Brandon Baldwin, Civil Rights Team Project Jun 2010

Torch (June 2010), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.


Torch (May/June 2010), Brandon Baldwin, Civil Rights Team Project May 2010

Torch (May/June 2010), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.


The Role Of Lawyers In Trans Liberation: Building A Transformative Movement For Social Change, Gabriel Arkles, Pooja Gehi, Elana Redfield Apr 2010

The Role Of Lawyers In Trans Liberation: Building A Transformative Movement For Social Change, Gabriel Arkles, Pooja Gehi, Elana Redfield

Gabriel Arkles

No abstract provided.


Watching Justice Come Alive, Daniel Weiss, Donna M. Hughes Dr. Apr 2010

Watching Justice Come Alive, Daniel Weiss, Donna M. Hughes Dr.

Donna M. Hughes

With the nation watching, a college student, a professor and a legislator team up to top indoor prostitution in Rhode Island


Torch (April 2010), Brandon Baldwin, Civil Rights Team Project Apr 2010

Torch (April 2010), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.


Federal Hill Protest Targets Landlords, Donna M. Hughes Dr., Melanie Shapiro Esq Mar 2010

Federal Hill Protest Targets Landlords, Donna M. Hughes Dr., Melanie Shapiro Esq

Donna M. Hughes

Landlords who rent space to spa-brothels were the target of a protest on Atwells Avenue on Federal Hill in Providence on the evening of March 28th. About two dozen neighbors, friends, and anti-trafficking activists gathered to condemn landlords who rent to spa-brothels.


Men Still Visiting Brothels, Melanie Shapiro Esq, Donna M. Hughes Dr. Mar 2010

Men Still Visiting Brothels, Melanie Shapiro Esq, Donna M. Hughes Dr.

Donna M. Hughes

Wednesday night, I gave a talk at Brown University, as part of the Human Trafficking Awareness Week. After the talk, I stopped for a coffee on Atwells Avenue on the way home. One Spa, an illegal spa-brothel, is next door to the coffee shop and just above the office of the Federal Hill Gazette. From the time I got out of my car and returned with my coffee, I saw three men go into the brothel—one white man in his late thirties dressed in carpenter pants, a flannel shirt, and baseball cap, one older balding white man with glasses, …


Torch (March 2010), Brandon Baldwin, Civil Rights Team Project Mar 2010

Torch (March 2010), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.


The Children's Rights Amendment And Family Law, Fergus Ryan Feb 2010

The Children's Rights Amendment And Family Law, Fergus Ryan

Other resources

This blog entry is part of a carnival blog posted to http://humanrightsinireland.wordpress.com/ It addresses the provisions of the proposed constitutional amendment on children's rights, as formulated by the Joint Oireachtas Committee on the Constitutional Amendment on Children, published in February 2010. This brief comment analyses the proposal, with particular reference to its potential impact on children in non-traditional family units.


Federal Hill Resident And Restaurateur Forced To Move Because Of Spa-Brothel, Melanie Shapiro Esq, Donna M. Hughes Dr. Feb 2010

Federal Hill Resident And Restaurateur Forced To Move Because Of Spa-Brothel, Melanie Shapiro Esq, Donna M. Hughes Dr.

Donna M. Hughes

The illegal operation of a spa-brothel on Federal Hill, Providence, has forced a resident and restaurateur to move. The traffic of "johns," the video surveillance of all entrances and exits, the harassment of women who visit and work in the area, and the unsanitary residue of sex acts have neighboring residents and business owners disgusted and fed-up.


Torch (February 2010), Brandon Baldwin, Civil Rights Team Project Feb 2010

Torch (February 2010), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.


Most Claims Settle: Implications For Alternative Dispute Resolution From A Profile Of Medical Malpractice Claims In Florida, Mirya R. Holman, Neil Vidmar Jan 2010

Most Claims Settle: Implications For Alternative Dispute Resolution From A Profile Of Medical Malpractice Claims In Florida, Mirya R. Holman, Neil Vidmar

Mirya R Holman

The public image of medical malpractice cases is one of a courtroom, with an injured plaintiff, lawyers, and a judge. However, the reality of malpractice claims is very different. Approaching the study of alternative dispute resolution methods for medical malpractice claims with an eye towards identifying those contexts by which the claims are resolved, this article focuses on the institutional and informal processes of resolving disputes. These processes include both statutory procedural requirements and informal settlements, many of which occur prior to the filing of a lawsuit. A profile of medical malpractice claims in Florida from 1990 through 2008, indicates …


Sex In And Out Of Intimacy, Laura Rosenbury, Jennifer Rothman Jan 2010

Sex In And Out Of Intimacy, Laura Rosenbury, Jennifer Rothman

All Faculty Scholarship

The state has long attempted to regulate sexual activity by channeling sex into various forms of state-supported intimacy. Although commentators and legal scholars of diverse political perspectives generally believe such regulation is declining, the freedom to engage in diverse sexual activities has not been established as a matter of law. Instead, courts have extended legal protection to consensual sexual acts only to the extent such acts support other state interests, most often marriage and procreation. Although Lawrence v. Texas altered some aspects of that vision, it reinscribed others by suggesting that sexual activity should be protected from state interference only …


Torch (January 2010), Brandon Baldwin, Civil Rights Team Project Jan 2010

Torch (January 2010), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.


Review Of “Sisters Outside: Radical Activists Working For Women Prisoners, By Jodie Michelle Lawston”, Lisa A. Leitz Jan 2010

Review Of “Sisters Outside: Radical Activists Working For Women Prisoners, By Jodie Michelle Lawston”, Lisa A. Leitz

Peace Studies Faculty Articles and Research

Book review of Jodie Michelle Lawston's "Sisters Outside: Radical Activists Working for Women Prisoners".


What Are You Afraid Of?, Rebecca Minton, Linnea Christine Kennedy, Chapman University, Candy Rodriguez, Rachael Bridgens, Chelsey Coleman, Krista Xvx, Leticia Dessire Mayorga, Stephanie Bovis, Lorene Spiller Gambill Jan 2010

What Are You Afraid Of?, Rebecca Minton, Linnea Christine Kennedy, Chapman University, Candy Rodriguez, Rachael Bridgens, Chelsey Coleman, Krista Xvx, Leticia Dessire Mayorga, Stephanie Bovis, Lorene Spiller Gambill

Women’s Studies, Feminist Zine Archive

Writings and art about self-care, the judicial system, Adrienne Rich, the portrayal of women in advertising, Andrea Dowrkin, sex roles and pornography, rape culture, Rita Gross, human trafficking, welfare, contraception, Margaret Sanger, The Vagina Monologues, Guerilla Girls, feminism and religion, Sandra Harding, tenure at Chapman based on gender, and Delores Huerta.


How State Supreme Courts Take Consequences Into Account: Toward A State-Centered Understanding Of State Constitutionalism, Neal Devins Jan 2010

How State Supreme Courts Take Consequences Into Account: Toward A State-Centered Understanding Of State Constitutionalism, Neal Devins

Faculty Publications

No abstract provided.


Sexual Rights And State Governance, Katherine M. Franke Jan 2010

Sexual Rights And State Governance, Katherine M. Franke

Faculty Scholarship

We sit at an interesting juncture in the evolution (in some cases, devolution) of the idea of sexual rights in international law. For at the very moment that we are experiencing a retraction in both domestic and international commitments to rights associated with sexual and reproductive health, we see sexual rights of a less-reproductive nature gaining greater uptake and acceptance. It is the moral hazard associated with perceived gains in the domain of international rights for lesbians and gay men that I want to address today. In the end, the point I want to bring home is that a particular …


Doma And The Happy Family: A Lesson In Irony, Rhonda Wasserman Jan 2010

Doma And The Happy Family: A Lesson In Irony, Rhonda Wasserman

Articles

In enacting the Defense of Marriage Act, Congress chose to protect heterosexual marriage because of its “deep and abiding interest in encouraging responsible procreation and child-rearing. Simply put, government has an interest in marriage because it has an interest in children.” Ironically, DOMA may harm, rather than protect, the interests of some children – i.e., the children of gay and lesbian couples.

Both state and federal law reflect the belief that children are better off being raised by two parents in an intact family. This belief is reflected in the marital presumption of paternity, which presumes that a married woman’s …


Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present, Sophia Z. Lee Jan 2010

Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present, Sophia Z. Lee

All Faculty Scholarship

This Article uses the history of equal employment rulemaking at the Federal Communications Commission (FCC) and the Federal Power Commission (FPC) to document and analyze, for the first time, how administrative agencies interpret the Constitution. Although it is widely recognized that administrators must implement policy with an eye on the Constitution, neither constitutional nor administrative law scholarship has examined how administrators approach constitutional interpretation. Indeed, there is limited understanding of agencies’ core task of interpreting statutes, let alone of their constitutional practice. During the 1960s and 1970s, officials at the FCC relied on a strikingly broad and affirmative interpretation of …