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Articles 1 - 27 of 27
Full-Text Articles in Law
The International Bill Of Gender Rights Vs. The Cider House Rules: Transgenders Struggle With The Courts Over What Clothing They Are Allowed To Wear On The Job, Which Restroom They Are Allowed To Use On The Job, Their Right To Marry, And The Very Definition Of Their Sex, Phyllis Randolph Frye
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Trends. Homosexual Politics And Security: The American Psychological Association (Apa) Brief Of Amicus Curiae No. 99-699, Ibpp Editor
International Bulletin of Political Psychology
This article discusses the American Psychological Association's (APA's) brief of amicus curiae, which the APA submitted in order to provide a context for the Supreme Court of the United States to review the policy of the Boy Scouts of America and Monmouth Council, Boy Scouts of America, which involved the Boy Scouts, homosexuality, and claims about discrimination against homosexuals.
Franco's Spain, Queer Nation?, Gema Pérez-Sánchez
Franco's Spain, Queer Nation?, Gema Pérez-Sánchez
University of Michigan Journal of Law Reform
This Article discusses how, through its juridical apparatus, the Spanish dictatorship of Francisco Franco sought to define and to contain homosexuality, followed by examples of how underground queer activism contested homophobic laws. The Article concludes by analyzing a literary work to illustrate the social impact of Francoism's homophobic law against homosexuality.
Hegemony, Coercion, And Their Teeth-Gritting Harmony: A Commentary On Power, Culture, And Sexuality In Franco's Spain, Ratna Kapur, Tayyab Mahmud
Hegemony, Coercion, And Their Teeth-Gritting Harmony: A Commentary On Power, Culture, And Sexuality In Franco's Spain, Ratna Kapur, Tayyab Mahmud
University of Michigan Journal of Law Reform
Professor Gema Pérez-Sánchez's article, Franco's Spain, Queer Nation? focuses on the last years of Francisco Franco's fascist dictatorship and the early years of the young Spanish democracy, roughly from the late 1960's to the early 1980's. The centerpiece of her article looks at how, through law, Franco's regime sought to define and contain what it considered dangerous social behavior, particularly homosexuality. She traces how the state not only exercised hegemonic control over definitions of gender and sexuality, but also established well-defined roles for women and drew clear lines between what constituted legitimate and illegitimate sexualities, namely, the line between heterosexuality …
Querying A Queer Spain Under Franco, Peter Kwan
Querying A Queer Spain Under Franco, Peter Kwan
University of Michigan Journal of Law Reform
There should be more articles in the legal journals such as Professor Gema Pérez-Sánchez's. In Franco's Spain, Queer Nation?, Professor Pérez-Sánchez has done a great service to legal scholarship in four respects. Firstly, she has written an appropriately far-ranging piece. In a discipline that has as one of its central missions the broadening of critical legal discourse, LatCrit can sometimes appear to suffer from symptoms of parochialism in its understandable emphasis on the Latina/o experience within American borders, or on the experience of its Latina/o immigrants once they have reached these shores. To be sure, this is not a problem …
Responding To Public School Peer Sexual Harassment In The Face Of Davis V. Monroe County Board Of Education, Lillian Chaves
Responding To Public School Peer Sexual Harassment In The Face Of Davis V. Monroe County Board Of Education, Lillian Chaves
Brigham Young University Education and Law Journal
No abstract provided.
Educating Our Future: An Analysis Of Sex Education In The Classroom, Michael J. Fucci
Educating Our Future: An Analysis Of Sex Education In The Classroom, Michael J. Fucci
Brigham Young University Education and Law Journal
No abstract provided.
United States Government Policies On Lesbians And Gays In The Military: Don't Ask, Don't Tell If Many Wrongs Make A Right, Ibpp Editor
International Bulletin of Political Psychology
This article describes problems with United States Government (USG) personnel policies on lesbians and gays in the uniformed services and assesses whether there are significant redeeming features of these problems.
Michael Warner's "The Trouble With Normal: Sex, Politics, And The Ethics Of Queer Life": Implications For Sex And Security, Ibpp Editor
International Bulletin of Political Psychology
This article continues a series of IBPP articles on sex and security by exploring the implications of a new book on the appropriateness of public policy that bears on sexuality.
Lessons From The Past And Strategies For The Future: Using Domestic, International And Comparative Law To Overturn Sodomy Laws, Charlene Smith, James Wilets
Lessons From The Past And Strategies For The Future: Using Domestic, International And Comparative Law To Overturn Sodomy Laws, Charlene Smith, James Wilets
Seattle University Law Review
This Article will first discuss the legal importance of challenging sodomy laws, even though those laws are rarely enforced. It will then discuss the importance of incorporating international and comparative law in formulating these challenges. In Section II, Professor Charlene Smith will discuss past and future strategies, focusing on the topics of equal protection, morality, and the difference (or lack thereof) between acts and status. In Section III, Professor Jim Wilets will explore incorporating international and comparative law into domestic challenges to U.S. sodomy laws. This Article will demonstrate that there is binding Supreme Court authority requiring all U.S. courts …
"Trapped" In Sing Sing: Transgendered Prisoners Caught In The Gender Binarism, Darren Rosenblum
"Trapped" In Sing Sing: Transgendered Prisoners Caught In The Gender Binarism, Darren Rosenblum
Michigan Journal of Gender & Law
This Article first summarizes gender, transgendered identity, and legal issues facing transgendered people to contextualize the lives of transgendered prisoners. Parts II and III explore respectively the placement and treatment issues that complicate the incarceration of the transgendered. Corrections authorities, through indifference or incompetence, foster a shockingly inhumane daily existence for transgendered prisoners. In Part V, I examine the plight of transgendered prisoners through the metaphor of the miners' canary. Transgendered prisoners signal the grave dangers facing all of us in a wide array of social structures, elucidating the apparently intractable problems of gender. This Article simultaneously explores a human …
Re-Orienting Law And Sexuality , Ratna Kapur, Tayyab Mahmud
Re-Orienting Law And Sexuality , Ratna Kapur, Tayyab Mahmud
Cleveland State Law Review
This symposium issue of the Cleveland State Law Review emerges from the Reorienting Law and Sexuality Conference hosted by Cleveland-Marshall College of Law in October 1999. The symposium locates itself as a continuation of the discourse that surfaced in the American legal academy in 1979 with a symposium issue of the Hastings Law Review. It is a discourse that brings into sharp relief technologies of power and strategies of resistance that contend at all sites where law aims to regulate human sexuality. While the initiative of 1979 was further cultivated by other forums of knowledge production within the American legal …
The Strengths And Weaknesses Of Local Human Rights Ordinances, Robert Salem
The Strengths And Weaknesses Of Local Human Rights Ordinances, Robert Salem
Cleveland State Law Review
This panel will discuss the prospects and perils of local human rights initiatives. Specifically, I will talk about the nature of these local initiatives and their advantages and disadvantages. Time permitting, I will also talk about our successful effort last year in Toledo, Ohio to pass a human rights ordinance that includes sexual orientation as a protected category, and why it is so crucial that lawyers and law professors become involved in these local campaigns. I believe that with determination, most communities can achieve what we did in Toledo. Local human rights ordinances (HROs) take a variety of forms, and …
Legal Challenges To And By Sex Workers/Prostitutes , Amalia Lucia Cabezas
Legal Challenges To And By Sex Workers/Prostitutes , Amalia Lucia Cabezas
Cleveland State Law Review
Sex worker is a term that emerges from a particular historical and political juncture. It reflects a change in consciousness imbedded in the political struggles of women prostitutes. In this article, I trace the genealogy of the term to the 1960s, when major changes occurred in the role of women in society and in the reconceptualization of what were heretofore known as "deviant" sexualities. I then shift attention to the Caribbean, where I apply the term to the advent of sex tourism and the development of a sex workers' movement linked to a human rights agenda.
Second-Parent Adoption, Patricia J. Falk
Second-Parent Adoption, Patricia J. Falk
Cleveland State Law Review
My topic for today's presentation is second-parent adoption. I hope to accomplish four things in my discussion. First, I will define second-parent adoption and give some reasons that it is desirable for both parents and children. Second, I will summarize the state of the law in terms of legislative enactments and case law in the United States. Third, I will discuss the role of social science in second-parent adoption cases. Finally, I will discuss some of the implications of recognizing these adoptions.
The First Amendment's Petition Clause As An Alternative Basis For Challenging Voter Initiatives That Burden The Enactment Of Anti-Discrimination Protection For Gays, Lesbians, And Bisexuals, Kevin Francis O'Neill
The First Amendment's Petition Clause As An Alternative Basis For Challenging Voter Initiatives That Burden The Enactment Of Anti-Discrimination Protection For Gays, Lesbians, And Bisexuals, Kevin Francis O'Neill
Cleveland State Law Review
The purpose of my remarks today is to suggest that the First Amendment-specifically, the Petition Clause of the First Amendment provides an alternative basis for vindicating gay, lesbian, and bisexual rights in certain cases. At least in the context of voter initiatives that seek to abolish anti-discrimination protection for sexual orientation, the Petition Clause is a promising alternative to equal protection and substantive due process. My objective here was merely to plant a seed: to identify an alternative basis for vindicating the rights of gays, lesbians, and bisexuals-especially when combatting homophobic voter initiatives like those in Romer and Cincinnati. It's …
Planning For The Future: Using Child Support Trusts To Prepare Both Father And Child For Life After Professional Sports, Thomas C. Quinlen
Planning For The Future: Using Child Support Trusts To Prepare Both Father And Child For Life After Professional Sports, Thomas C. Quinlen
Vanderbilt Journal of Entertainment & Technology Law
The issue of professional athletes siring children out of wedlock was first thrust into the national conscience in an article in Sports Illustrated in May 1998. The SI piece was followed by several newspaper articles in various cities around the country, but like most hot news topics, it was quickly forgotten as the nation moved on to more pressing issues. This Note aims to revisit this issue with an eye towards practical and legal resolution of this pervasive problem, suggesting ways that lawyers and agents can establish child support trusts to represent their clients' interests and provide the best result …
Law And The Sexual Subaltern: A Comparative Perspective , Ratna Kapur
Law And The Sexual Subaltern: A Comparative Perspective , Ratna Kapur
Cleveland State Law Review
I am entering this conversation as a comparativist who wants to complicate the received wisdom about India in the West in regard to matters of sex, desire and the law. I want to address three issues:* First, how sex generally and alternative sexuality more specifically, are emerging as zones of contest in the legal arena and are simultaneously cast as cultural controversies in post-colonial India.* Second, I address how sexual subalterns, that is, gays, lesbians and sexworkers, are challenging dominant sexual and cultural norms.* And finally, I examine why a project of pleasure and desire is an important political goal …
The Beltway And Beyond: The Struggle For Gay, Lesbian, Bisexual And Transgender Equality, Rebecca Isaacs
The Beltway And Beyond: The Struggle For Gay, Lesbian, Bisexual And Transgender Equality, Rebecca Isaacs
Cleveland State Law Review
I will focus primarily on the struggle in the legislative arena in Washington, DC and more importantly, in states and local communities. And I will focus on three key issues for the GLBT community: families; civil rights and the intersection with religious liberty rights; and finally, violence and hate crimes. In summary, the GLBT community is pushing ahead of these and other issues in all 50 states.
Canadian Same Sex Relationship Recognition Struggles And The Contradictory Nature Of Legal Victories, Brenda Cossman
Canadian Same Sex Relationship Recognition Struggles And The Contradictory Nature Of Legal Victories, Brenda Cossman
Cleveland State Law Review
I want to pick up on one of the themes running through virtually all of the papers in this symposium-the contradictory nature of law. Legal victories-and defeats-are always fragile, partial and contradictory. The perspective I bring to this theme is a Canadian one, where in the context of gay and lesbian struggles, legal victories now outweigh legal defeats. I will tell a story of these legal victories, which resulted in a much celebrated case in 1999 known as M v. H., in which the Supreme Court of Canada recognized the equality rights of same sex couples, and struck down a …
Second-Parent Adoption By Same-Sex Couples In Ohio: Unsettled And Unsettling Law, Susan J. Becker
Second-Parent Adoption By Same-Sex Couples In Ohio: Unsettled And Unsettling Law, Susan J. Becker
Cleveland State Law Review
In addition to the need for homes for children without any legally recognized parent, the need for a child who already has one legal parent to be adopted by the parent's gay or lesbian partner who is already serving as a de facto parent is very important to the child's emotional stability and material well being. This type of adoption, frequently referred to as a "second-parent" adoption,' is the focal point of this article. However, the matters discussed herein also apply directly and by analogy to situations where gay and lesbian couples and heterosexual unmarried couples desire to jointly adopt …
Bitch V. Whore: The Current Trend To Define The Requirements Of An Actionable Hostile Environment Claim In Verbal Sexual Harassment Cases, 33 J. Marshall L. Rev. 465 (2000), Jamie Lynn Cook
UIC Law Review
No abstract provided.
Legislating Special Rights , Karen Engle
Legislating Special Rights , Karen Engle
Cleveland State Law Review
Is it possible to pursue a queer agenda in promoting and defending gay rights ordinances? My answer is yes, or at least that we need to try to do it. I propose that we pursue a queer agenda by arguing for special rights, not equal rights. Not only does the special rights argument fit with the queer agenda; it also provides our best hope for confronting gay rights opponents. I'll put forth my argument in the following way. First, I'll talk about what a queer sensibility is, and discuss how a call for special rights fits within that sensibility. Second, …
Welfare Reform And The Use Of State Power In The Prostitution Of Poor Women , April L. Cherry
Welfare Reform And The Use Of State Power In The Prostitution Of Poor Women , April L. Cherry
Cleveland State Law Review
I would like to talk about the connection between welfare reform "as we know it," and the potential for increased state support for the prostitution of women. In particular, I would like to discuss the work requirements found in both federal and state welfare reform statutory schemes. I worry that these work requirements will sanction the prostitution of poor women, particularly poor women of color, lesbians, and other women with children who are already forced to live their lives at the economic and social margins of society. I worry that the work requirements found in the new welfare regime will …
Word Games, War Games, Diane H. Mazur
Word Games, War Games, Diane H. Mazur
Michigan Law Review
In 1993, the country's interest in the issue of military service by gay citizens escalated to a level that can only be described as a national obsession, and "obsession" is by no means too strong a term. The subject of gay servicemembers was debated within all three branches of government, all ranks of the military, and all walks of civilian life.1 The issue of military service by gay citizens became a line in the sand, a cultural standoff on issues as sensitive and disparate as sexuality, patriotism, civil rights, and civic obligation. Janet Halley2 returns to that time of obsession …
Consent To Sperm Retrieval And Insemination After Death Or Persistent Vegatative State, Carson Strong
Consent To Sperm Retrieval And Insemination After Death Or Persistent Vegatative State, Carson Strong
Journal of Law and Health
Although a number of additional legal questions can be raised, including issues of paternity and inheritance, this paper focuses on the legal issues pertaining to consent, as well as the ethical questions raised above, which need to be discussed in order to address adequately the legal consent issues. The paper is organized as follows: first, the current law of consent to sperm retrieval and insemination after death or PVS is discussed in order to identify gaps in the law - areas that the law does not address or concerning which it is unclear; second, ethical issues are discussed that are …
History Unbecoming, Becoming History, Toni M. Massaro
History Unbecoming, Becoming History, Toni M. Massaro
Michigan Law Review
The last few decades have seen a torrent of legal commentary supporting gay equality and attacking the punishment, failure to protect, and refusal to affirm gay conduct and identity. William Eskridge, a prominent voice in this fin-de-siecle literature, now draws together and expands on his previous work in Gaylaw: Challenging the Apartheid of the Closet. Though far more successful in shaping the uses of the past than in showing the way to the future, the book instructs even where it fails. It augurs a century that could well witness the end of official discrimination against gay individuals, and the relegation …