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Articles 1 - 30 of 30
Full-Text Articles in Law
"On The Chastity Of Women All Property In The World Depends" : Injury From Sexual Slander In The Nineteenth Century, Lisa R. Pruitt
"On The Chastity Of Women All Property In The World Depends" : Injury From Sexual Slander In The Nineteenth Century, Lisa R. Pruitt
Indiana Law Journal
In this Article, Professor Pruitt discusses conceptions of the injury associated with defamation law, focusing in particular on sexual slander cases that were brought in the early nineteenth century, before statements that impugned a woman's chastity were deemed slander per se. During this time, women had to prove so-called "special damages" in order to state a cause of action. Courts showed some flexibility in what they recognized as constituting "special damages," even stretching to recognize pecuniary harm in damaged personal relationships. Nevertheless, courts refused to recognize injuries stemming from and related to emotional distress injuries, and they were often skeptical …
Transsexuals, Intersexuals And Same-Sex Marriage, Terry S. Kogan
Transsexuals, Intersexuals And Same-Sex Marriage, Terry S. Kogan
Brigham Young University Journal of Public Law
No abstract provided.
Who Decides And What Difference Does It Make?: Defining Marriage In "Our Democratic, Federal Republic", Kevin J. Worthen
Who Decides And What Difference Does It Make?: Defining Marriage In "Our Democratic, Federal Republic", Kevin J. Worthen
Brigham Young University Journal of Public Law
The debate over the legality of same-sex marriage has centered largely on the substantive merits of the issue. This article does not. Instead, it seeks to draw attention to the perhaps equally important-but often overlooked-issue of the proper form and forum for resolving the substantive issue. It asks the question, if we awoke tomorrow to the newspaper headline -- "Legality of Same-Sex Marriage Decided" -- what difference would it make if the succeeding story referred to 1) a federal statute, 2) a U. S. Supreme Court decision, 3) a federal constitutional amendment, 4) a state statute, 5) a state supreme …
The Curious Case Of The Missing Legal Analysis, Lynn D. Wardle
The Curious Case Of The Missing Legal Analysis, Lynn D. Wardle
Brigham Young University Journal of Public Law
No abstract provided.
Traditional Marriage: Still Worth Defending, George W. Dent Jr.
Traditional Marriage: Still Worth Defending, George W. Dent Jr.
Brigham Young University Journal of Public Law
No abstract provided.
The Augustinian Goods Of Marriage: The Disappearing Cornerstone Of The American Law Of Marriage, Charles J. Reid Jr.
The Augustinian Goods Of Marriage: The Disappearing Cornerstone Of The American Law Of Marriage, Charles J. Reid Jr.
Brigham Young University Journal of Public Law
No abstract provided.
The Case Against Same-Sex Marriage In Canada: Law And Policy Considerations, Jane Adolphe
The Case Against Same-Sex Marriage In Canada: Law And Policy Considerations, Jane Adolphe
Brigham Young University Journal of Public Law
No abstract provided.
Some Wrongs And (Human) Rights In The English Same-Sex Marriage Debate, John Murphy
Some Wrongs And (Human) Rights In The English Same-Sex Marriage Debate, John Murphy
Brigham Young University Journal of Public Law
No abstract provided.
Status, Benefits, And Recognition: Current Controversies In The Marriage Debate, Joshua K. Baker
Status, Benefits, And Recognition: Current Controversies In The Marriage Debate, Joshua K. Baker
Brigham Young University Journal of Public Law
No abstract provided.
The Litigation To Redefine Marriage: Equality And Social Meaning , William C. Duncan
The Litigation To Redefine Marriage: Equality And Social Meaning , William C. Duncan
Brigham Young University Journal of Public Law
No abstract provided.
Variety In U.S. Kinship Practices, Substantive Due Process Analysis And The Right To Marry, C. Quince Hopkins
Variety In U.S. Kinship Practices, Substantive Due Process Analysis And The Right To Marry, C. Quince Hopkins
Brigham Young University Journal of Public Law
No abstract provided.
Hints, Not Holdings: Use Of Precedent In Lawrence V. Texas, David M. Wagner
Hints, Not Holdings: Use Of Precedent In Lawrence V. Texas, David M. Wagner
Brigham Young University Journal of Public Law
No abstract provided.
Finding Fundamental Fairness: Protecting The Rights Of Homosexuals Under European Union Accession Law, Travis J. Langenkamp
Finding Fundamental Fairness: Protecting The Rights Of Homosexuals Under European Union Accession Law, Travis J. Langenkamp
San Diego International Law Journal
In tackling the issue of sexual orientation discrimination, the European Union must make significant efforts to conform or, perhaps, eradicate incongruous legislation within Applicant Countries. The difficulty of this endeavor is two-fold: first, in terms of the number and complexity of the laws of each Applicant Country; and, second, in the absence of any detailed and systematic documentation of sexual orientation discrimination within those same Applicant Countries. Compounding, if not confounding, such legitimate endeavors are the inconsistent anti-gay legislation prevalent within the present Member States. The stakes are high for Member States and Applicant Countries alike. Thus, the European Union's …
Affixing Blame: Ideologies Of Hiv/Aids In Thailand, Tarik Abdel-Monem
Affixing Blame: Ideologies Of Hiv/Aids In Thailand, Tarik Abdel-Monem
San Diego International Law Journal
This Article focuses on ideologies of the HIV/AIDS epidemic in Thailand, one of many nations where the HIV/AIDS pandemic has reached alarming levels. Not unlike other nations struggling with HIV/AIDS, an epidemic of stigma and blame has developed in Thailand with increasing rates of infection among the population. Understandings of whom to blame for the epidemic, and how to realize appropriate solutions, have likewise developed as the epidemic continues to persist and spread. This Article examines these ideologies and how they are mediated through the lens of popular culture in contemporary Thailand. It attempts to examine the reasoning of such …
Sex Offender Registration And Community Notification Laws: Will These Laws Survive?, Kimberly B. Wilkins
Sex Offender Registration And Community Notification Laws: Will These Laws Survive?, Kimberly B. Wilkins
University of Richmond Law Review
No abstract provided.
Ifeminism, Ashlie Warnick
Ifeminism, Ashlie Warnick
Michigan Law Review
Laws should be judged not by their words or intentions, but by their effects and consequences. When government enacts laws designed to benefit one group, society should judge those laws first by examining whether they have, in practice, provided a net benefit to the law's intended beneficiaries. Next, any such benefit must be weighed against the costs imposed on the rest of society. If the benefits outweigh the costs, this is a socially efficient law. Government should repeal a law when the costs it imposes outweigh its benefits. When laws do not provide a net benefit to the group they …
Live And Let Love: Self-Determination In Matters Of Intimacy And Identity, Kim Forde-Mazrui
Live And Let Love: Self-Determination In Matters Of Intimacy And Identity, Kim Forde-Mazrui
Michigan Law Review
Are you free to choose the race of your spouse, . . . of your child, . . . of yourself? Historically, the legal and social answer to these questions was No. Matters of racial identity and interracial intimacy were strictly circumscribed by ideologies of racial essentialism and separation, ostensibly rooted in science, morality, and religion. In contrast, according to Professor Randall Kennedy in his new book, Interracial Intimacies: Sex, Marriage, Identity, and Adoption, the answer to all three questions should be a resounding Yes. The exclusive source of racial identification and intimacy should be individual choice, free from legal …
Pda, Fmla, And Beyond: A Brief Look At Past, Present, And Future Sex Discrimination Laws And Their Effects On The Teaching Profession, Sean Stewart
Brigham Young University Education and Law Journal
No abstract provided.
Night Thoughts: Reflections On The Debate Concerning Same-Sex Marriage, John V. Orth
Night Thoughts: Reflections On The Debate Concerning Same-Sex Marriage, John V. Orth
Nevada Law Journal
No abstract provided.
The Political Psychology Of Cybersexuality: The Example Of Child Pornography, Ibpp Editor
The Political Psychology Of Cybersexuality: The Example Of Child Pornography, Ibpp Editor
International Bulletin of Political Psychology
This article analyzes rationales behind legislation banning certain aspects of cybersexuality.
From Presumed Fathers To Lesbian Mothers: Sex Discrimination And The Legal Construction Of Parenthood, Susan E. Dalton
From Presumed Fathers To Lesbian Mothers: Sex Discrimination And The Legal Construction Of Parenthood, Susan E. Dalton
Michigan Journal of Gender & Law
In Part I of this article, Dalton briefly reviews the way legal scholars commonly define sex-based discrimination, particularly as it pertains to issues of reproduction. Part II is a brief historical review of legal constructions of parenthood. In Part III, Dalton examines two legal concepts: retroactive legitimation and presumed fatherhood. Both concepts were introduced in 1872 and each independently encouraged judges to think of fatherhood as consisting of two distinct spheres, the biological and the social. She then traces the legal development of these concepts through a series of presumed father, retroactive legitimation, and putative father cases. In Part IV …
Is Marriage Obsolete?, Lynn D. Wardle
Is Marriage Obsolete?, Lynn D. Wardle
Michigan Journal of Gender & Law
Is legal marriage obsolete? Wardle thinks not. In order to understand why not, it is necessary first to grasp the significance of the focus of the discussion on the legal status of marriage. As this Introduction suggests, lack of legal marriage status does not prevent families and communities from treating couples as married nor does the law forbid couples from voluntarily providing each other "marital benefits." Nevertheless, whether marriage is obsolete at the beginning of the twenty-first century is an important question. This article analyzes four dimensions of that question.
Former Health Commissioner Indicted Under California Law Criminalizing Hiv Transmission, Michelle Lammers
Former Health Commissioner Indicted Under California Law Criminalizing Hiv Transmission, Michelle Lammers
Public Interest Law Reporter
No abstract provided.
Cincinnati's Addition Of Sexual Orientation To Hate Crime Sparks Controversy, Molly Mack
Cincinnati's Addition Of Sexual Orientation To Hate Crime Sparks Controversy, Molly Mack
Public Interest Law Reporter
No abstract provided.
Supreme Court To Examine The Criminalization Of Consensual Sodomy, Kevin J. Mccloskey
Supreme Court To Examine The Criminalization Of Consensual Sodomy, Kevin J. Mccloskey
Public Interest Law Reporter
No abstract provided.
Applying The Discrimination Model To Violence Against Women: Some Reflections On Theory And Practice, Sally F. Goldfarb
Applying The Discrimination Model To Violence Against Women: Some Reflections On Theory And Practice, Sally F. Goldfarb
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Quandary Of Megan's Law: When The Child Sex Offender Is A Child, 37 J. Marshall L. Rev. 73 (2003), Timothy E. Wind
The Quandary Of Megan's Law: When The Child Sex Offender Is A Child, 37 J. Marshall L. Rev. 73 (2003), Timothy E. Wind
UIC Law Review
No abstract provided.
Freedom Of Discrimination?:The Conflict Between Public Accommodations' Freedom Association And State Anti-Discrimination Laws, 37 J. Marshall L. Rev. 125 (2003), Gregory J. Wartman
Freedom Of Discrimination?:The Conflict Between Public Accommodations' Freedom Association And State Anti-Discrimination Laws, 37 J. Marshall L. Rev. 125 (2003), Gregory J. Wartman
UIC Law Review
No abstract provided.
Feminist Inquiry And Action: Introduction To A Symposium On Confronting Domestic Violence And Achieving Gender Equality: Evaluating Battered Women & Feminist Lawmaking By Elizabeth Schneider, Ann Shalleck
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The New European Union Directive On Sexual Harassment And Its Implications For Greece, Mary Ellen Tsekos
The New European Union Directive On Sexual Harassment And Its Implications For Greece, Mary Ellen Tsekos
Human Rights Brief
No abstract provided.