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Articles 1 - 29 of 29
Full-Text Articles in Law
Federal Judge Denies Preliminary Injunction Against Idaho’S Bathroom Law, But Refuses To Dismiss Challenge, Arthur S. Leonard
Federal Judge Denies Preliminary Injunction Against Idaho’S Bathroom Law, But Refuses To Dismiss Challenge, Arthur S. Leonard
Articles & Chapters
No abstract provided.
The Biden Administration's First Hundred Days: An Lgbtq Perspective, Arthur S. Leonard
The Biden Administration's First Hundred Days: An Lgbtq Perspective, Arthur S. Leonard
Articles & Chapters
No abstract provided.
How Teaching About Therapeutic Jurisprudence Can Be A Tool Of Social Justice, And Lead Law Students To Personally And Socially Rewarding Careers: Sexuality And Disability As A Case Example, Michael L. Perlin, Alison Lynch
How Teaching About Therapeutic Jurisprudence Can Be A Tool Of Social Justice, And Lead Law Students To Personally And Socially Rewarding Careers: Sexuality And Disability As A Case Example, Michael L. Perlin, Alison Lynch
Articles & Chapters
Therapeutic jurisprudence (TJ) asks us to look at law as it actually impacts people’s lives and focuses on the law’s influence on emotional life and psychological well-being. It suggests that law should value psychological health, should strive to avoid imposing anti-therapeutic consequences whenever possible, and — when consistent with other values served by law — should attempt to bring about healing and wellness. The ultimate aim of TJ is to determine whether legal rules and procedures or lawyer roles can or should be reshaped to enhance their therapeutic potential while not subordinating due process principles. An inquiry into therapeutic outcomes …
All His Sexless Patients: Persons With Mental Disabilities And The Competence To Have Sex, Michael L. Perlin, Alison Lynch
All His Sexless Patients: Persons With Mental Disabilities And The Competence To Have Sex, Michael L. Perlin, Alison Lynch
Articles & Chapters
With the growth in the field of mental disability law over the past 50 years, very few topics involving persons with mental illness remain taboo or off limits to scholars and judges who face these issues daily. However, discussions of the question of whether persons with mental disabilities have a right to voluntary sexual interaction often touches a raw nerve in conversations about mental disability law, even with those who are practicing in the field, and the discomfort people feel in examining this topic is exacerbated when discussing individuals who are institutionalized.
Although this often appears to be a difficult …
They’Re Planting Stories In The Press: The Impact Of Media Distortions On Sex Offender Law And Policy, Heather Ellis Cucolo, Michael L. Perlin
They’Re Planting Stories In The Press: The Impact Of Media Distortions On Sex Offender Law And Policy, Heather Ellis Cucolo, Michael L. Perlin
Articles & Chapters
Individuals classified as sexual predators are the pariahs of the community. Sex offenders are arguably the most despised members of our society and therefore warrant our harshest condemnation. Twenty individual states and the federal government have enacted laws confining individuals who have been adjudicated as “sexually violent predators” to civil commitment facilities post incarceration and/or conviction. Additionally, in many jurisdictions, offenders who are returned to the community are restricted and monitored under community notification, registration and residency limitations. Targeting, punishing and ostracizing these individuals has become an obsession in society, clearly evidenced in the constant push to enact even more …
Marriage Rights And The Good Life: A Sociological Theory Of Marriage And Constitutional Law, Ari Ezra Waldman
Marriage Rights And The Good Life: A Sociological Theory Of Marriage And Constitutional Law, Ari Ezra Waldman
Articles & Chapters
This is the first in a series of three Articles investigating the underappreciated role that the social theory of Emile Durkheim plays in the quest for the freedom to marry for gay Americans. To that end, this Article begins the discussion by examining the Durkheimian legal arguments that go unnoticed in equal protection and due process claims against marriage discrimination. This Article challenges two assumptions: first, that the most effective legal argument for marriage rights is a purely liberal one, and second, that the substance and rhetoric of liberal toleration cannot exist symbiotically in the marriage discrimination debate with a …
All Those Like You: Identity Aggression And Student Speech, Ari Ezra Waldman
All Those Like You: Identity Aggression And Student Speech, Ari Ezra Waldman
Articles & Chapters
Online and face-to-face harassment in schools requires a coordinated response from the school, parents, students, and government. In this Article, I address a particular subset of online and face-to-face harassment, or identity-based harassment. Identity-based aggressors highlight a quality intrinsic to someone’s personhood and demean it, deprive it of value, and use it as a weapon. They attack women, racial minorities, religious minorities, and other traditionally victimized groups. And, as such, they attack not only their particular victims but also their victims’ communities. Identity-based aggressors com- mit a constitutional evil not only because their behavior interferes with victims’ access to education, …
The Miraculous Year 2010 In United States' Gay Rights Law: Anomaly Or Tipping Point?, Arthur S. Leonard
The Miraculous Year 2010 In United States' Gay Rights Law: Anomaly Or Tipping Point?, Arthur S. Leonard
Articles & Chapters
During 2010 a series of decisions by United States District Court judges appeared to mark a significant breakthrough in the ongoing struggle by sexual minorities in the United States to achieve legal equality through the removal of objectionable laws and policies. Almost as if a dam had broken, there was a sudden rush of developments on three highly contested fronts: (1) the statutory ban on military service by openly gay individuals, (2) the exclusion from federal recognition for lawfully contracted same-sex marriages, and (3) a popularly enacted California state constitutional amendment taking away same-sex marriage rights that had previously been …
Exceptions: The Criminal Law's Illogical Approach To Hiv-Related Aggravated Assaults, Ari Ezra Waldman
Exceptions: The Criminal Law's Illogical Approach To Hiv-Related Aggravated Assaults, Ari Ezra Waldman
Articles & Chapters
This Article identifies logical and due process errors in HIV-related aggravated assault cases, which usually involve an HIV-positive individual having unprotected sex without disclosing his or her HIV status. While this behavior should not be encouraged, this Article suggests that punishing this conduct through a charge of aggravated assault - which requires a showing that the defendant’s actions were a means likely to cause grievous bodily harm or death - is fraught with fallacies in reasoning and runs afoul of due process. Specifically, some courts use the "rule of thumb" that HIV can possibly be transmitted through bodily fluids as …
New York Recognition Of A Legal Status For Same-Sex Couples: A Rapidly Developing Story, Arthur S. Leonard
New York Recognition Of A Legal Status For Same-Sex Couples: A Rapidly Developing Story, Arthur S. Leonard
Articles & Chapters
In New York State at the beginning of 2010, same-sex couples cannot get married but can be married. The state’s highest court, the Court of Appeals, construed the state’s marriage law in 2006 to prohibit state officials from issuing marriage licenses to same-sex couples, but said nothing in that decision about whether same-sex couples married outside the state would be considered married when they were in the state. In February 2008, an intermediate appeals court in Rochester ruled that New York’s marriage recognition law supported extending comity to a same-sex marriage performed in Canada, and several other appellate courts have …
Constitutional Law And Values - Version '08 (Not Necessarily And Upgrade), Nadine Strossen
Constitutional Law And Values - Version '08 (Not Necessarily And Upgrade), Nadine Strossen
Articles & Chapters
No abstract provided.
The Authoritative Moment: Exploring The Boundaries Of Interpretation In The Recognition Of Queer Families, Kris Franklin
The Authoritative Moment: Exploring The Boundaries Of Interpretation In The Recognition Of Queer Families, Kris Franklin
Articles & Chapters
This article examines the boundaries of judicial interpretation as courts struggle to define the families formed by lesbians, gay men and transexuals. It compares the jurisprudence of numerous state courts examining queer families in different contexts. The article identifies three interwoven components of judicial reasoning: "lex" reasoning, grounded in the jurisdiction's binding and persuasive law; factual reasoning in which the courts must categorize queer families as analogous to those the law already recognizes or instead as something quite new and distinct; and finally methodological reasoning, in which courts self-consciously examine the boundaries of their own interpretive authority. Showing that in …
The Impact Of International Human Rights Developments On Sexual Minority Rights, Arthur S. Leonard
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 …
Limited In Sex, They Dare: Attitudes Toward Issues Of Patient Sexuality, Michael L. Perlin
Limited In Sex, They Dare: Attitudes Toward Issues Of Patient Sexuality, Michael L. Perlin
Articles & Chapters
The author frequently speaks on issues involving the sexuality rights of persons with mental disabilities who are institutionalized. In this article, he discusses the prevalent attitudes of audience members to these presentations, attitudes ranging from anger to denial to projection to transference/countertransference to fear to expressions of religiosity. In some cases, an important connection is made between the speaker and audience members. The article considers these attitudes and seeks to offer explanations for why this is such a threatening topic to so many listeners.
Not Whistlin' Dixie: Now, More Than Ever, We Need Feminist Law Journals, Carlin Meyer
Not Whistlin' Dixie: Now, More Than Ever, We Need Feminist Law Journals, Carlin Meyer
Articles & Chapters
No abstract provided.
The Rhetorics Of Legal Authority Constructing Authoritativeness, The “Ellen Effect,” And The Example Of Sodomy Law., Kris Franklin
The Rhetorics Of Legal Authority Constructing Authoritativeness, The “Ellen Effect,” And The Example Of Sodomy Law., Kris Franklin
Articles & Chapters
No abstract provided.
Chronicling A Movement: 20 Years Of Lesbian/Gay Law Notes, Arthur S. Leonard
Chronicling A Movement: 20 Years Of Lesbian/Gay Law Notes, Arthur S. Leonard
Articles & Chapters
No abstract provided.
Introduction: A Retrospective On The Lesbian/Gay Law Notes, Arthur S. Leonard
Introduction: A Retrospective On The Lesbian/Gay Law Notes, Arthur S. Leonard
Articles & Chapters
No abstract provided.
Women And The Internet, Carlin Meyer
Violence Against Women In South Africa: The Role Of Culture And The Limitations Of The Law, Penelope Andrews
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 …
Foreward (Symposium: Critical Perspectives On Megan’S Law: Protection Vs. Privacy), Nadine Strossen
Foreward (Symposium: Critical Perspectives On Megan’S Law: Protection Vs. Privacy), Nadine Strossen
Articles & Chapters
No abstract provided.
Reclaiming Sex From The Pornographers: Cybersexual Possibilities, Carlin Meyer
Reclaiming Sex From The Pornographers: Cybersexual Possibilities, Carlin Meyer
Articles & Chapters
No abstract provided.
Feminism, Work And Sex: Returning To The Gates, Carlin Meyer
Feminism, Work And Sex: Returning To The Gates, Carlin Meyer
Articles & Chapters
No abstract provided.
Hospitalized Patients And The Right To Sexual Interaction: Beyond The Last Frontier, Michael L. Perlin
Hospitalized Patients And The Right To Sexual Interaction: Beyond The Last Frontier, Michael L. Perlin
Articles & Chapters
No abstract provided.
Sex, Sin, And Women’S Liberation: Against Porn-Suppression., Carlin Meyer
Sex, Sin, And Women’S Liberation: Against Porn-Suppression., Carlin Meyer
Articles & Chapters
No abstract provided.
The (Queer) Revolution Will Not Be Liberalized, Sarah E. Chinn, Kris Franklin
The (Queer) Revolution Will Not Be Liberalized, Sarah E. Chinn, Kris Franklin
Articles & Chapters
No abstract provided.
Sexual Orientation And The Workplace: A Rapidly Developing Field, Arthur S. Leonard
Sexual Orientation And The Workplace: A Rapidly Developing Field, Arthur S. Leonard
Articles & Chapters
No abstract provided.
Decriminalizing Prostitution: Liberation Or Dehumanization?, Carlin Meyer
Decriminalizing Prostitution: Liberation Or Dehumanization?, Carlin Meyer
Articles & Chapters
No abstract provided.
Watkins V. United States Army And The Employment Rights Of Lesbians And Gay Men, Arthur S. Leonard
Watkins V. United States Army And The Employment Rights Of Lesbians And Gay Men, Arthur S. Leonard
Articles & Chapters
No abstract provided.