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Sexuality and the Law

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Journal

1996

Institution
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Publication

Articles 1 - 20 of 20

Full-Text Articles in Law

Sex In The Sunlight: The Effectiveness, Efficiency, Constitutionality, And Advisability Of Publishing Names And Pictures Of Prostitutes' Patrons, Courtney G. Persons Nov 1996

Sex In The Sunlight: The Effectiveness, Efficiency, Constitutionality, And Advisability Of Publishing Names And Pictures Of Prostitutes' Patrons, Courtney G. Persons

Vanderbilt Law Review

An interstate billboard warns visitors to La Mesa, California: "Attention johns: We take pictures." In 1994, to widespread political accolades, the city initiated a policy of publishing names and pictures of prostitutes' patrons in local newspapers. La Mesa is not alone. If nightmares about the revelation of the contents of Heidi Fleiss's little black book sent shivers down the spines of Hollywood's rich and fa- mous, the tremors have traveled through La Mesa and sent similar shudders across the nation. The anonymous sex once so sought-after for its secrecy has been slapped up on billboards as communities, desperate to disinfect …


Pornography Drives Technology: Why Not To Censor The Internet, Peter Johnson Nov 1996

Pornography Drives Technology: Why Not To Censor The Internet, Peter Johnson

Federal Communications Law Journal

Historically, the development of new media has been advanced by the creators of pornography. This was evident as communications media evolved from vernacular speech to movable type, to photography, to paperback books, to videotape, to cable and pay-TV, to 900 phone lines, to the French Minitel, and to the Internet. In short, pornography, far from being an evil that the First Amendment must endure, is a positive good that encourages experimentation with new technology. Accordingly, society should not view cyberpornographers as pariahs, rather they should be viewed as explorers who pave the roads for civilization to follow.


Attainder And Amendment 2: Romer's Rightness, Akhil Reed Amar Oct 1996

Attainder And Amendment 2: Romer's Rightness, Akhil Reed Amar

Michigan Law Review

Call me silly. In fact, call me terminally silly. For despite Justice Scalia's remarkably confident claim, I believe, and shall try to prove below, that the Romer Court majority opinion invalidating Colorado's Amendment 2 was right both in form and in substance, both logically and sociologically. I stress "form" and "logic" at the outset because I share Justice Scalia's belief in the importance of these things in constitutional adjudication. I also share his commitment to constitutional text, history, and structure, and his suspicion of "free-form" constitutionalism. And so I shall highlight the text, history, and spirit of a constitutional clause …


Is Amendment 2 Really A Bill Of Attainder? Some Questions About Professor Amar's Analysis Of Romer, Roderick M. Hills Jr. Oct 1996

Is Amendment 2 Really A Bill Of Attainder? Some Questions About Professor Amar's Analysis Of Romer, Roderick M. Hills Jr.

Michigan Law Review

As I first discovered as a law student in Professor Amar's classes on legal history and federal courts, it is generally an intellectual treat to listen to Professor Amar's legal analysis, even when he is attacking one's own arguments. So my pleasure at reading Professor Amar's analysis of the Court's decision in Romer v. Evans was only partly dampened by his disapproval of the respondents' brief that I and other plaintiffs' counsel filed with the Court. According to Amar, this respondents' brief provided the Court with "so little help" that it had to rely on an entirely different and much …


Custody And Conduct: How The Law Fails Lesbian And Gay Parents And Their Children, Julie Shapiro Jul 1996

Custody And Conduct: How The Law Fails Lesbian And Gay Parents And Their Children, Julie Shapiro

Indiana Law Journal

No abstract provided.


Was There Sex Before Calvin Klein?, Linda R. Hirshman Jun 1996

Was There Sex Before Calvin Klein?, Linda R. Hirshman

Washington and Lee Law Review

No abstract provided.


Rape, Race, And Representation: The Power Of Discourse, Discourses Of Power, And The Reconstruction Of Heterosexuality, Elizabeth M. Iglesias May 1996

Rape, Race, And Representation: The Power Of Discourse, Discourses Of Power, And The Reconstruction Of Heterosexuality, Elizabeth M. Iglesias

Vanderbilt Law Review

This Article explores some of the difficulties involved in designing genuinely effective and broadly inclusive legal strategies for eliminating women's sexual oppression. Part II.A begins the analysis by using Gary LaFree's empirical studies of rape enforcement practices to develop some observations about the kinds of legal strategies most likely to foster women's sexual autonomy.' LaFree's studies illustrate how the institutional structures and decision making procedures of the criminal justice system create the opportunity for rape processing practices to reproduce relations of race and gender subordination. Each discretionary decision point in the system creates a social space in which legal agents …


Adult Repression Of Childhood Sexual Assault: From Psychology To The Media And Into The Courtroom, Susan J. Hall Apr 1996

Adult Repression Of Childhood Sexual Assault: From Psychology To The Media And Into The Courtroom, Susan J. Hall

North Carolina Central Law Review

No abstract provided.


With Justice For Whom? The Presumption Of Moral Innocence In Rape Trials, Stacey Pastel Dougan Apr 1996

With Justice For Whom? The Presumption Of Moral Innocence In Rape Trials, Stacey Pastel Dougan

Indiana Law Journal

No abstract provided.


A Critical Analysis Of Constitutional Claims For Same-Sex Marriage, Lynn D. Wardle Mar 1996

A Critical Analysis Of Constitutional Claims For Same-Sex Marriage, Lynn D. Wardle

BYU Law Review

No abstract provided.


Sexual Harassment Policies: An Employer's Burden Or Advantage?, Lisa L. Fowler Mar 1996

Sexual Harassment Policies: An Employer's Burden Or Advantage?, Lisa L. Fowler

Brigham Young University Journal of Public Law

No abstract provided.


The Effect On The Child Of A Custodial Parent's Involvement In An Intimate Same-Sex Relationship - North Carolina Adopts The "Nexus Test" In Pulliam V. Smith, Vicki Parrott Jan 1996

The Effect On The Child Of A Custodial Parent's Involvement In An Intimate Same-Sex Relationship - North Carolina Adopts The "Nexus Test" In Pulliam V. Smith, Vicki Parrott

Campbell Law Review

This Note examines the North Carolina Court of Appeals decision in Pulliam v. Smith. First, the Note discusses the facts of the case and the opinion of the North Carolina Court of Appeals. Then, the Note examines (1) child custody law in North Carolina; (2) North Carolina case law addressing the effect on the child of a custodial parent's sexual conduct and sexual orientation; and (3) child custody disputes in other jurisdictions which involve a custodial parent in an intimate same-sex relationship. Next, the Note analyzes the decision in Pulliam and its effect on child custody law in North …


Constitutionally Defending Marriage: The Defense Of Marriage Act, Romer V. Evans And The Cultural Battle They Represent, Leonard G. Brown Iii Jan 1996

Constitutionally Defending Marriage: The Defense Of Marriage Act, Romer V. Evans And The Cultural Battle They Represent, Leonard G. Brown Iii

Campbell Law Review

No abstract provided.


An Essay On The Piano, Law, And The Search For Women's Desire, Julia E. Hanigsberg Jan 1996

An Essay On The Piano, Law, And The Search For Women's Desire, Julia E. Hanigsberg

Michigan Journal of Gender & Law

The thesis of this essay is a simple one: to have a measure of control over her destiny, to have any choices, a woman must be a sexual agent, a subject of desire rather than an object. How can women exercise any autonomy in any other realms if in their most intimate lives they are unable to voice their desires? I do not mean to suggest that sexuality has unlimited explanatory power or that everything about women's domination can be explained by a rearticulation of desire. I do believe, however, that although the issue of sexuality is much discussed, feminist …


Second-Parent Adoption: Overcoming Barriers To Lesbian Family Rights, Maxwell S. Peltz Jan 1996

Second-Parent Adoption: Overcoming Barriers To Lesbian Family Rights, Maxwell S. Peltz

Michigan Journal of Gender & Law

Part I of this Article will discuss some of the legal difficulties associated with co-parenting and why lesbian couples have sought second-parent adoptions. Part II will examine the particular statutory obstacles to second-parent adoptions and then analyze the various ways courts in several states have overcome these obstacles. Finally, Part III will discuss the implications of these decisions in terms of their creation of legal and social norms.


Lesbians In Belgrade - Emerging From Invisibility, Martha Ehman Jan 1996

Lesbians In Belgrade - Emerging From Invisibility, Martha Ehman

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.


Preventing Sexual Violence: Setting Principled Constitutional Boundaries On Sex Offender Commitments, Eric S. Janus Jan 1996

Preventing Sexual Violence: Setting Principled Constitutional Boundaries On Sex Offender Commitments, Eric S. Janus

Indiana Law Journal

No abstract provided.


"Are You Going To Arraign His Whole Life?": How Sexual Propensity Evidence Violates The Due Process Clause, Louis M. Natali Jr., R. Stephen Stigall Jan 1996

"Are You Going To Arraign His Whole Life?": How Sexual Propensity Evidence Violates The Due Process Clause, Louis M. Natali Jr., R. Stephen Stigall

Loyola University Chicago Law Journal

No abstract provided.


Sleeping With The Enemy: Combatting The Sexual Spread Of Hiv-Aids Through A Heightened Legal Duty, 29 J. Marshall L. Rev. 957 (1996), Eric L. Schulman Jan 1996

Sleeping With The Enemy: Combatting The Sexual Spread Of Hiv-Aids Through A Heightened Legal Duty, 29 J. Marshall L. Rev. 957 (1996), Eric L. Schulman

UIC Law Review

No abstract provided.


State V. Riker, Battered Women Under Duress: The Concept The Washington Supreme Court Could Not Grasp, Ann-Marie Montgomery Jan 1996

State V. Riker, Battered Women Under Duress: The Concept The Washington Supreme Court Could Not Grasp, Ann-Marie Montgomery

Seattle University Law Review

Although some people have the option of going to the police after receiving threats on their lives, this was not the case for Deborah Riker: Deborah is a battered woman. Since age nine, Deborah suffered repeated torture and abuse at the hands of men who were in her life. In 1987, Deborah met Rupert Burke, a man who abused both women and drugs. When Burke threatened both Deborah and her sister, Deborah did what he told her to do: she soldhim cocaine. As a result, Deborah was charged with delivery and possession of cocaine. Deborah's case presented the classic defense …