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Full-Text Articles in Law

Foucault’S Keystone: Confessions Of The Flesh – How The Fourth And Final Volume Of The History Of Sexuality Completes Foucault’S Critique Of Modern Western Societies, Bernard E. Harcourt Jan 2019

Foucault’S Keystone: Confessions Of The Flesh – How The Fourth And Final Volume Of The History Of Sexuality Completes Foucault’S Critique Of Modern Western Societies, Bernard E. Harcourt

Faculty Scholarship

In the final pages of the now-final volume of The History of Sexuality, Volume 4: Les aveux de la chair (“Confessions of the Flesh”), Foucault’s intellectual project comes full circle and achieves its long-awaited completion. In those final pages, dedicated to Augustine’s treatment of marital sexual relations, Foucault reveals the heretofore missing link that now binds his ancient history of sexual relations to his critique of contemporary forms of neoliberal goverance: Foucault discovers in Augustine’s writings the moment of the birth of the modern legal subject and of the juridification of social relations. Like the final piece ...


The Trouble With 'Bureaucracy', Deborah L. Brake Jan 2016

The Trouble With 'Bureaucracy', Deborah L. Brake

Articles

Despite heightened public concern about the prevalence of sexual assault in higher education and the stepped-up efforts of the federal government to address it, new stories from survivors of sexual coercion and rape, followed by institutional betrayal, continue to emerge with alarming frequency. More recently, stories of men found responsible and harshly punished for such conduct in sketchy campus procedures have trickled into the public dialogue, forming a counter-narrative in the increasingly polarized debate over what to do about sexual assault on college campuses. Into this frayed dialogue, Jeannie Suk and Jacob Gersen have contributed a provocative new article criticizing ...


Dan Subotnik, Toxic Diversity: Race, Gender, And Law Talk In America, Hannah Abrams Jun 2014

Dan Subotnik, Toxic Diversity: Race, Gender, And Law Talk In America, Hannah Abrams

Touro Law Review

No abstract provided.


Discrimination Inward And Upward: Lessons On Law And Social Inequality From The Troubling Case Of Women Coaches, Deborah L. Brake Jan 2013

Discrimination Inward And Upward: Lessons On Law And Social Inequality From The Troubling Case Of Women Coaches, Deborah L. Brake

Articles

In the Title IX success story, women’s opportunities in coaching jobs have not kept pace with the striking gains made by female athletes. Women’s share of jobs coaching female athletes has declined substantially in the years since the law was enacted, moving from more than 90% to below 43% today. As a case study, the situation of women coaches contains important lessons about the ability of discrimination law to promote social equality. This article highlights one feature of bias against women coaches — gender bias by female athletes — as a counter-paradigm that presents a challenge to the dominant frame ...


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

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

Faculty Scholarship at Penn Law

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 ...


Abortion Access And Risky Sex Among Teens: Parental Involvement Laws And Sexually Transmitted Diseases, Jonathan Klick, Thomas Stratmann Jan 2007

Abortion Access And Risky Sex Among Teens: Parental Involvement Laws And Sexually Transmitted Diseases, Jonathan Klick, Thomas Stratmann

Faculty Scholarship at Penn Law

Laws requiring minors to seek parental consent or to notify a parent prior to obtaining an abortion raise the cost of risky sex for teenagers. Assuming choices to engage in risky sex are made rationally, parental involvement laws should lead to less risky sex among teens, either because of a reduction of sexual activity altogether or because teens will be more fastidious in the use of birth control ex ante. Using gonorrhea rates among older women to control for unobserved heterogeneity across states, our results indicate that the enactment of parental involvement laws significantly reduces risky sexual activity among teenage ...


Sexual Policy And The Military: A Need For A Primer On The Birds And The Bees, Ibpp Editor Dec 1999

Sexual Policy And The Military: A Need For A Primer On The Birds And The Bees, Ibpp Editor

International Bulletin of Political Psychology

This article describes some basic misconceptions about sex as explicated in the personnel and security policies of the United States Department of Defense (DOD).