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Full-Text Articles in Law

Colonizing Queerness, Jeremiah A. Ho Jan 2024

Colonizing Queerness, Jeremiah A. Ho

University of Colorado Law Review

This Article investigates how and why the cultural script of inequality persists for queer identities despite major legal advancements such as marriage, anti-discrimination, and employment protections. By regarding LGBTQ legal advancements as part of the American settler colonial project, I conclude that such victories are not liberatory or empowering but are attempts at colonizing queer identities. American settler colonialism’s structural promotion of a normative sexuality illustrates how our settler colonialist legacy is not just a race project (as settler colonialism is most widely studied) but also a race-gender-sexuality project. Even in apparent strokes of progress, American settler colonialism’s eliminationist motives …


Text Is Not Enough, Anuj C. Desai Jan 2022

Text Is Not Enough, Anuj C. Desai

University of Colorado Law Review

In Bostock v. Clayton County, the Supreme Court held that Title VII of the Civil Rights Act of 1964 protects gay and lesbian individuals from employment discrimination. The three opinions in the case also provided a feast for Court watchers who study statutory interpretation. Commentators across the ideological spectrum have described the opinions as dueling examples of textualism. The conventional wisdom is thus that Bostock shows the triumph of textualism. The conventional wisdom is wrong. Instead, Bostock shows what those who have studied statutory interpretation have known for decades: judges are multimodalists, drawing from a panoply of forms of …


Not Part Of The Game Plan: School District Liability For The Creation Of A Hostile Athletic Environment, Toni Wehman Jan 2006

Not Part Of The Game Plan: School District Liability For The Creation Of A Hostile Athletic Environment, Toni Wehman

University of Colorado Law Review

Title IX has played a crucial role in changing our nation's treatment of women in education, leading to awareness about the harms of sexual harassment on both female and male students. However, in one area, Title IX jurisprudence draws a line between protected students and students who are not protected from sexual harassment. That line is determined by whether the harassment facing the student is because of perceived sexual orientation or perceived failure to adhere to gender stereotypes. School athletics is an environment wrought with such harassment that can include gender insults, i.e. "you throw like a girl" or sexual …


Warning Bell: The Inherent Difficulties Of Responding To Student-On-Student Sexual Harassment In Colorado Middle Schools, M. Brent Case Jan 2005

Warning Bell: The Inherent Difficulties Of Responding To Student-On-Student Sexual Harassment In Colorado Middle Schools, M. Brent Case

University of Colorado Law Review

No abstract provided.