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Full-Text Articles in Law

The Impact Of International Human Rights Developments On Sexual Minority Rights, Arthur S. Leonard Jan 2005

The Impact Of International Human Rights Developments On Sexual Minority Rights, Arthur S. Leonard

Articles & Chapters

The Supreme Court's decision in Lawrence v. Texas (2003) marked the first time that tribunal took notice of how foreign and international courts were dealing with the civil rights claims of lesbians and gay men as part of its discussion of American constitutional law. If this evinces a new openness by the Court to looking at such external sources in gay rights cases, what would it find on the major legal issues now facing the LGBT community in the United States? This article summarizes developments abroad on legal recognition of same-sex partners (including for purposes of immigration status) and military …


Homophobia And The 'Mathew Shepard Effect' In Lawrence V. Texas, Kris Franklin Jan 2004

Homophobia And The 'Mathew Shepard Effect' In Lawrence V. Texas, Kris Franklin

Articles & Chapters

This paper explores the significance of shifting cultural understandings of gay men and lesbians in the Supreme Court's majority, concurring and dissenting opinions in the landmark sodomy case Lawrence v. Texas. By examining the legal authorities in which the case's various opinions are grounded, the article shows that the differing positions taken by the Court reflect radically diverging views on the significance of homosexuality in contemporary culture.

Beyond the rather easy observation that the Supreme Court justices are speaking different languages in the Lawrence opinion, the article contends that the rhetoric of the majority and dissent converge on at least …


Women's Human Rights And The Conversation Across Cultures, Penelope Andrews Jan 2003

Women's Human Rights And The Conversation Across Cultures, Penelope Andrews

Articles & Chapters

This comment examines the vision of women's rights and equality as outlined in CEDAW. It raises some of thepossibilities and limitations associated with universalizing legal norms in a context of enormous global disparities, particularly in material and cultural terms.


Not Whistlin' Dixie: Now, More Than Ever, We Need Feminist Law Journals, Carlin Meyer Jan 2003

Not Whistlin' Dixie: Now, More Than Ever, We Need Feminist Law Journals, Carlin Meyer

Articles & Chapters

No abstract provided.


A Brief History Of Gender Law Journals: The Heritage Of Myra Bradwell's Chicago Legal News, Richard H. Chused Jan 2003

A Brief History Of Gender Law Journals: The Heritage Of Myra Bradwell's Chicago Legal News, Richard H. Chused

Articles & Chapters

No abstract provided.


She Breaks Just Like A Little Girl: Neonaticide, The Insanity Defense, And The Irrelevance Of Ordinary Common Sense, Michael L. Perlin Jan 2003

She Breaks Just Like A Little Girl: Neonaticide, The Insanity Defense, And The Irrelevance Of Ordinary Common Sense, Michael L. Perlin

Articles & Chapters

No abstract provided.


Two Colored Women's Conversation About The Relevance Of Feminist Law Journals In The Twenty-First Century, Taunya Lovell Banks, Penelope Andrews Jan 2003

Two Colored Women's Conversation About The Relevance Of Feminist Law Journals In The Twenty-First Century, Taunya Lovell Banks, Penelope Andrews

Articles & Chapters

This is a critique by two non-white law professors in the form of a conversation about the relevance offeminist law journals on their lives and scholarship. We conclude that the impression that feministscholarship now is accepted in mainstream law reviews may be illusory and thus there is a continuing need for feminist law journals. In the past rather than creating a new type of journal, feminist law journals tend to replicate the traditional law journal model. Only the focus is different. Twenty years later not only do race and sexuality continue to separate us, but increasingly, careerism as well. The …


From Gender Apartheid To Non-Sexism: The Pursuit Of Women's Rights In South Africa, Penelope Andrews Jan 2001

From Gender Apartheid To Non-Sexism: The Pursuit Of Women's Rights In South Africa, Penelope Andrews

Articles & Chapters

This article discusses the quest for women's rights in South Africa and how the transition from apartheid to democracy led to a commitment to gender equality as incorporated in South Africa's transitional and final Constitutions. This paper refers to the organizational attempts by women prior to and during the constitutional drafting process to ensure that the new Constitution embodied the aspirations and reflected the struggles for women's rights by women activists in South Africa. This article is divided into six sections. Section Two describes the legacy of apartheid for all women in South Africa. This section shows how the laws …


Introduction: A Retrospective On The Lesbian/Gay Law Notes, Arthur S. Leonard Jan 2000

Introduction: A Retrospective On The Lesbian/Gay Law Notes, Arthur S. Leonard

Articles & Chapters

No abstract provided.


Chronicling A Movement: 20 Years Of Lesbian/Gay Law Notes, Arthur S. Leonard Jan 2000

Chronicling A Movement: 20 Years Of Lesbian/Gay Law Notes, Arthur S. Leonard

Articles & Chapters

No abstract provided.


Globalization, Human Rights And Critical Race Feminism: Voices From The Margins, Penelope Andrews Jan 2000

Globalization, Human Rights And Critical Race Feminism: Voices From The Margins, Penelope Andrews

Articles & Chapters

South Africa and Australia, albeit markedly different in their demographics, politics, and history, share a colonial past, where race was the fault line throughout the society. Although there were marked differences in the colonial structure and various policies of the colonial administrators, both societies shared certain patriarchal attitudes that cemented during the colonial period and left a particular legacy of violence against black women. In both, the incidence of violence against women was so systemic and so ubiquitous that it has been described as a continuing violation of their human rights. The intersection of colonialism, patriarchy and violence and its …


Lesbians, Legal Theory And Other Superheroes, Book Review Of Ruthann Robson’S Sappho Goes To Law School: Fragments In Lesbian Legal Theory, Kris Franklin, Sarah Chinn Jan 1999

Lesbians, Legal Theory And Other Superheroes, Book Review Of Ruthann Robson’S Sappho Goes To Law School: Fragments In Lesbian Legal Theory, Kris Franklin, Sarah Chinn

Articles & Chapters

No abstract provided.


Women And The Internet, Carlin Meyer Jan 1999

Women And The Internet, Carlin Meyer

Articles & Chapters

No abstract provided.


Violence Against Women In South Africa: The Role Of Culture And The Limitations Of The Law, Penelope Andrews Jan 1999

Violence Against Women In South Africa: The Role Of Culture And The Limitations Of The Law, Penelope Andrews

Articles & Chapters

This paper describes the role of culture in perpetuating violence against women. It does this by contextualizing violence against women in South Africa within the grand project of transformation taking place there, and highlighting the possibilities of fundamental restructuring, with respect to rights and equality for women, when the feminist project intersects with the non-racial project. The paper, therefore, visits a familiar question, namely, the obstacles to transformation when the eradication of racism takes precedence over the elimination of sexism, as it historically has in South Africa. In addition, this paper describes recent attempts by the legislature and courts in …


Affirmative Action In South Africa: Transformation Or Tokenism, Penelope Andrews Jan 1999

Affirmative Action In South Africa: Transformation Or Tokenism, Penelope Andrews

Articles & Chapters

No abstract provided.


Foreword, “Symposium 1999: Women, Equity And Federal Tax Policy: Open Questions.” ., Ann F. Thomas Jan 1999

Foreword, “Symposium 1999: Women, Equity And Federal Tax Policy: Open Questions.” ., Ann F. Thomas

Articles & Chapters

No abstract provided.


Global Issues In Compensatory Justice: Introduction, Penelope Andrews Jan 1999

Global Issues In Compensatory Justice: Introduction, Penelope Andrews

Articles & Chapters

No abstract provided.


Striking The Rock: Confronting Gender Equality In South Africa, Penelope Andrews Jan 1998

Striking The Rock: Confronting Gender Equality In South Africa, Penelope Andrews

Articles & Chapters

This Article analyzes the status of women's rights in the newly democratic South Africa. It examines rights guaranteed in the Constitution and conflicts between the principle of gender equality and the recognition of indigenous law and institutions. The Article focuses on the South African transition to democracy and theinfluence that feminist agitation at the international level has had on South African women's attempts at political organization. After dissecting the historical position of customary law in South Africa and questioning its place in the new democratic regime, the author argues that, although South African women have benefited from the global feminist …


Foreword (Symposium: Finding A Path To Gender Equality: Legal And Policy Issues Raised By All-Female Public Education), Nadine Strossen Jan 1998

Foreword (Symposium: Finding A Path To Gender Equality: Legal And Policy Issues Raised By All-Female Public Education), Nadine Strossen

Articles & Chapters

No abstract provided.


Violence Against Aboriginal Women In Australia: Possibilities For Redress Within The International Human Rights Framework, Penelope Andrews Jan 1997

Violence Against Aboriginal Women In Australia: Possibilities For Redress Within The International Human Rights Framework, Penelope Andrews

Articles & Chapters

This Article addresses the issue of violence against Aboriginal women. Part I concerns the historical violenceagainst Aboriginal people generally, and Part II concerns violence against Aboriginal women in particular. Part III considers how the priorities and perspectives of Aboriginal women and non-Aboriginal women differ insignificant ways despite their congruence in others. In particular, the Article evaluates the awkward relationship between Aboriginal women and the largely white feminist movement in Australia as a consequence of these different priorities and perspectives, and suggests how political victories for white or non-Aboriginal women could be translated into gains for Aboriginal women. The fourth part …


Sex, Sin, And Women’S Liberation: Against Porn-Suppression., Carlin Meyer Jan 1994

Sex, Sin, And Women’S Liberation: Against Porn-Suppression., Carlin Meyer

Articles & Chapters

No abstract provided.


Feminism, Work And Sex: Returning To The Gates, Carlin Meyer Jan 1994

Feminism, Work And Sex: Returning To The Gates, Carlin Meyer

Articles & Chapters

No abstract provided.


Decriminalizing Prostitution: Liberation Or Dehumanization?, Carlin Meyer Jan 1993

Decriminalizing Prostitution: Liberation Or Dehumanization?, Carlin Meyer

Articles & Chapters

No abstract provided.


The (Queer) Revolution Will Not Be Liberalized, Sarah E. Chinn, Kris Franklin Jan 1993

The (Queer) Revolution Will Not Be Liberalized, Sarah E. Chinn, Kris Franklin

Articles & Chapters

No abstract provided.


Preface: Fighting Big Sister For Liberty And Equality, Nadine Strossen Jan 1993

Preface: Fighting Big Sister For Liberty And Equality, Nadine Strossen

Articles & Chapters

No abstract provided.


Snips And Snails And Puppy Dogs’ Tails, That’S What Little Boys Are Made Of. Book Reviews Of American Manhood: Transformations In Masculinity From The Revolution To The Modern Era, By E. Anthony Rotundo, And Power At Play: Sports And The Problem Of Masculinity, By Michael A. Messner, Carlin Meyer Jan 1993

Snips And Snails And Puppy Dogs’ Tails, That’S What Little Boys Are Made Of. Book Reviews Of American Manhood: Transformations In Masculinity From The Revolution To The Modern Era, By E. Anthony Rotundo, And Power At Play: Sports And The Problem Of Masculinity, By Michael A. Messner, Carlin Meyer

Articles & Chapters

No abstract provided.


Sexual Orientation And The Workplace: A Rapidly Developing Field, Arthur S. Leonard Jan 1993

Sexual Orientation And The Workplace: A Rapidly Developing Field, Arthur S. Leonard

Articles & Chapters

No abstract provided.


A Family Like Any Other Family: Alternative Methods Of Defining Family In Law, Kris Franklin Jan 1991

A Family Like Any Other Family: Alternative Methods Of Defining Family In Law, Kris Franklin

Articles & Chapters

No abstract provided.


Watkins V. United States Army And The Employment Rights Of Lesbians And Gay Men, Arthur S. Leonard Jan 1989

Watkins V. United States Army And The Employment Rights Of Lesbians And Gay Men, Arthur S. Leonard

Articles & Chapters

No abstract provided.


Human Rights For Women And World Public Order: The Outlawing Of Sex-Based Discrimination, Myres Mcdougal, Harold Lasswell, Lung-Chu Chen Jan 1975

Human Rights For Women And World Public Order: The Outlawing Of Sex-Based Discrimination, Myres Mcdougal, Harold Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.