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Articles 1 - 30 of 66
Full-Text Articles in Law
Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward Stein
Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward Stein
Articles
The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better …
Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman
Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman
Charles H. Baron
In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article explores …
Has The Supreme Court Created A Constitutional Shield For Private Discrimination Against Homosexuals - A Look At The Future Remifications Of Boy Scouts Of America V. Dale, Erica L. Stringer
Has The Supreme Court Created A Constitutional Shield For Private Discrimination Against Homosexuals - A Look At The Future Remifications Of Boy Scouts Of America V. Dale, Erica L. Stringer
West Virginia Law Review
No abstract provided.
Celibacy, Sexual Exclusivity, And Illicit Drug Abstinence: Giving Up The Life As Taboo In Aids Prevention, Ibpp Editor
Celibacy, Sexual Exclusivity, And Illicit Drug Abstinence: Giving Up The Life As Taboo In Aids Prevention, Ibpp Editor
International Bulletin of Political Psychology
This article highlights social cognitions that seem to impede cost-effective approaches to AIDS prevention.
Finding Gold In The Rainbow Rights Movement, Shayna S. Cook
Finding Gold In The Rainbow Rights Movement, Shayna S. Cook
Michigan Law Review
In her history of the past fifty years of the gay and lesbian civil rights movement, Patricia Cain recounts the litigation successes and failures that contributed to the legal status of gays and lesbians in the Untied States today. Clearly an insider who has marched with the movement every step of the way, Cain provides a comprehensive account of all fronts of the battle in state and federal courts since 1950. But while Rainbow Rights serves as a good primer on the legal challenges and the key themes uniting them, the book reads like an account of a struggle ending …
Science Gone Astray: Evolution And Rape, Elisabeth A. Lloyd
Science Gone Astray: Evolution And Rape, Elisabeth A. Lloyd
Michigan Law Review
Throughout A Natural History of Rape, coauthors Randy Thomhill and Craig Palmer resort to what is known among philosophers of science as "The Galileo Defense," which amounts to the following claim: I am telling the Truth and doing excellent science, but because of ideology and ignorance, I am being persecuted. The authors have repeated and elaborated upon this defense during the si:lable media flurry accompanying the book's publication in February 2000. Now, history has accepted this defense from Galileo. But in order for it to work for Thornhill and Palmer, of course, they must be telling the Truth and doing …
A Conservative Defense Of Romer V. Evans, Dale Carpenter
A Conservative Defense Of Romer V. Evans, Dale Carpenter
Indiana Law Journal
No abstract provided.
Future Incorporation Of The U.N. Convention On The Rights Of Children Into The United States Education System: Case Study Of Ohio Department Of Education And Sex Education Battle, Alysson Russell
Brigham Young University Education and Law Journal
No abstract provided.
Politics, Gay Rights And The Light At The End Of The Rainbow, Mary Lafrance
Politics, Gay Rights And The Light At The End Of The Rainbow, Mary Lafrance
Nevada Law Journal
No abstract provided.
"A Lawyer Class": Views On Marriage And "Sexual Orientation" In The Legal Profession, William C. Duncan
"A Lawyer Class": Views On Marriage And "Sexual Orientation" In The Legal Profession, William C. Duncan
Brigham Young University Journal of Public Law
No abstract provided.
Transforming The Debate: Why We Need To Include Transgender Rights In The Struggles For Sex And Sexual Orientation Equality, Taylor Flynn
Transforming The Debate: Why We Need To Include Transgender Rights In The Struggles For Sex And Sexual Orientation Equality, Taylor Flynn
Faculty Scholarship
The Author observes that sex and sexual orientation equality jurisprudence is premised upon the traditional understanding of "sex" as determined by anatomy at birth. The presumption typically following from this reduction of sex to anatomy is the notion that certain gendered attributes are inherent in biological male- or femaleness. The Author asserts that these erroneous and unduly narrow views significantly hamper courts' ability to address the core of sex and sexual orientation discrimination-hostility based on failure to conform to conventional gender norms. Surveying workplace, public accommodation, asylum, marriage, and custody cases, Flynn explains how conventional jurisprudence fails a wide array …
Why Do They Strike Us?, James Polchin
Why Do They Strike Us?, James Polchin
Center for LGBTQ Studies (CLAGS)
Over the past two years since the brutal murder of Matthew Shepard in Laramie Wyoming, the circumstances of his death have held a symbolic place in the story of violence against gay men and lesbians nationally. University of Wyoming Professor Beth Loffreda's book Losing Matt Shepard: Life and Politics in the Aftermath of Anti-Gay Murder is on the "Lambda Book Report" best-sellers list and MTV has recently premiered "Anatomy of a Hate Crime: The Matthew Shepard Story" that dramatized the events of October 6th, 1998. The telling and retelling of Shepard's murder in both academic books and popular culture suggests …
Sexual Orientation And International Law: A Study In The Manufacture Of Cross-Cultural "Sensitivity", Eric Heinze
Sexual Orientation And International Law: A Study In The Manufacture Of Cross-Cultural "Sensitivity", Eric Heinze
Michigan Journal of International Law
Interest groups advocating rights of sexual minorities have been lobbying international organizations for years without success. A standard explanation for that failure is that human sexuality is something complex, even mysterious, which requires that international organizations proceed with special caution. In this essay, it will be argued that such an explanation amounts to a self-fulfilling prophecy. Sexual orientation is neither more nor less complex than many other issues, such as race, ethnicity, religion or gender, which have nevertheless found wide recognition within leading intergovernmental organizations. It is not because sexual orientation is uniquely complex or mysterious that it is barred …
Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Years Later: Reflections On The State Of Feminism Today·, Regina Austin, Elizabeth M. Schneider
Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Years Later: Reflections On The State Of Feminism Today·, Regina Austin, Elizabeth M. Schneider
All Faculty Scholarship
No abstract provided.
Identity Crisis: "Intersectionality," "Multidimensionality," And The Development Of An Adequate Theory Of Subordination, Darren L. Hutchinson
Identity Crisis: "Intersectionality," "Multidimensionality," And The Development Of An Adequate Theory Of Subordination, Darren L. Hutchinson
Faculty Articles
This Article arises out of the intersectionality and post-intersectionality literature and makes a case against the essentialist considerations that informed HRC's endorsement of D'Amato. Part I discusses the pitfalls that occur when scholars and activists engage in essentialist politics and treat identities and forms of subordination as conflicting forces. Part II examines how essentialism negatively affects legal theory in the equality context. Part III considers the historical motivation for and the efficacy of the "intersectionality" response to the problem of essentialism. Part III also extensively analyzes the "multidimensional" critiques of essentialism offered by the most recent school of thought in …
Don't Ask Us To Explain Ourselves, Don't Tell Us What To Do: The Boy Scouts' Exclusion Of Gay Members And The Necessity Of Independent Judicial Review, Taylor Flynn
Faculty Scholarship
In Boy Scouts of America v. Dale, the U.S. Supreme Court held by a five to four majority that the Boy Scouts of America is entitled to ban gay persons from membership despite New Jersey's prohibition against sexual orientation discrimination. The Dale majority sharply departed from the Court's long line of expressive association cases, in which it has rejected the claims of private clubs that application of civil rights laws to their membership policies violates their associational rights. This Author argues that by "reading" the plaintiff in Boy Scouts of America v. Dale as a cipher for gay sex, and …
A Family Affair: Constitutional And Prudential Interests Implicated When Homosexuals Seek To Preserve Or Create Parent-Child Relationships, Kif Skidmore
Kentucky Law Journal
No abstract provided.
Brief For The Plaintiff-Appellant Lucas Rosa In The United States Court Of Appeals For The First Circuit Lucas Rosa V. Park West Bank And Trust Company On Appeal From The United States District Court For The District Of Massachusetts, Jennifer L. Levi, Mary L. Bonauto
Brief For The Plaintiff-Appellant Lucas Rosa In The United States Court Of Appeals For The First Circuit Lucas Rosa V. Park West Bank And Trust Company On Appeal From The United States District Court For The District Of Massachusetts, Jennifer L. Levi, Mary L. Bonauto
Michigan Journal of Gender & Law
The District Court fundamentally misconceived the law as applicable to the Plaintiffs claim by concluding that there may be no relationship, as a matter of law, between telling a bank customer what to wear and sex discrimination. It also misapplied Rule 12(b)(6) to the extent that it resolved any factual questions beyond the allegations of the Complaint regarding the basis of the Bank's different treatment of the Plaintiff. Finally, because the District Court incorrectly dismissed the single federal claim in Plaintiffs Complaint, it improperly dismissed Plaintiffs pendant state claims for want of federal court jurisdiction.
Amicus Curiae Brief Of Now Legal Defense And Education Fund And Equal Rights Advocates In Support Of Plaintiff-Appellant And In Support Of Reversal In The United States Court Of Appeals For The First Curcuit Lucas Rosa V. Park West Bank And Trust Company On Appeal From The United States District Court For The District Of Massachusetts, Katherine M. Franke
Michigan Journal of Gender & Law
By dismissing the plaintiffs complaint under the Equal Credit Opportunity Act ("ECOA") on the ground that "the issue in this case is not [Rosa's] sex, but rather how he chose to dress when applying for a loan" (Bench Order at 1), the lower court erroneously established that there are no set of facts in which clothing-based sex stereotyping can form the basis of a legitimate claim of sex discrimination in access to credit. This view of the meaning and scope of the ECOA runs contrary to well-established Supreme Court precedent which prohibits, inter alia, the adverse treatment of a …
Lucas Rosa V. Park West Bank And Trust Company, Katherine M. Franke
Lucas Rosa V. Park West Bank And Trust Company, Katherine M. Franke
Michigan Journal of Gender & Law
In July of 1998 something rather mundane happened: Lucas Rosa walked into Park West Bank in Holyoke, Massachusetts and asked for a loan application. Since it was a warm summer day, and because she wanted to look credit-worthy, Rosa wore a blousey top over stockings. Suddenly, the mundane transformed into the exceptional: When asked for some identification, Rosa was told that no application would be forthcoming until and unless she went home, changed her clothes and returned attired in more traditionally masculine/male clothing. Rosa, a biological male who identifies herself as female was, it seems, denied a loan application on …
Epilogue, Jennifer L. Levi
Epilogue, Jennifer L. Levi
Michigan Journal of Gender & Law
The First Circuit reversed the district court's order dismissing Lucas Rosa's claim against Park West Bank. The appeals court's reversal seems to be part of an emerging nationwide rejection of cases from the 1970s and 1980s in which courts summarily dismissed sex discrimination claims brought by transgender plaintiffs, no matter how squarely the facts appeared to present a clear-cut case of discrimination based on sex. Creating what appeared to be a "transgender" exception to sex discrimination law, those earlier courts ignored what the First Circuit recognized here-that a bank officer who tells an applicant to go home, change, and return …
Law, Self-Pollution, And The Management Of Social Anxiety, Geoffrey P. Miller
Law, Self-Pollution, And The Management Of Social Anxiety, Geoffrey P. Miller
Michigan Journal of Gender & Law
This article considers the anxieties about masturbation and spermatorrhoea from the standpoint of cultural-legal analysis. Seen from this perspective, the worries about masturbation provided an object onto which social anxieties could be displaced and thereby managed. Norm entrepreneurs who played on public fears manipulated basic cultural polarities in order to present masturbation and spermatorrhoea as objects of horror and disgust-things that needed to be expelled, if possible, from the body social.
"Simply So Different": The Uniquely Expressive Character Of The Openly Gay Individual After Boy Scouts V. Dale, Nancy J. Knauer
"Simply So Different": The Uniquely Expressive Character Of The Openly Gay Individual After Boy Scouts V. Dale, Nancy J. Knauer
Nancy J. Knauer
Boy Scouts v. Dale was uniformly considered a set back for gay rights. Undeniably, it was not a good result for James Dale or other openly gay individuals who would like to participate in the largest youth organization in the U.S. This Article views Boy Scouts v. Dale in a different light and suggests that the expressive character of the openly gay individual endorsed by the majority may signal an opportunity to argue for greater First Amendment protections. The majority recognized that a single avowal of homosexuality imbues the openly gay individual with a uniquely expressive character. Wherever he goes, …
The G.I.F.T. Of Two Biological And Legal Mothers, Ryiah Lilith
The G.I.F.T. Of Two Biological And Legal Mothers, Ryiah Lilith
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Low-Life-Sleazy-Big-Haired-Trailer-Park Girl V. The President: The Paula Jones Case And The Law Of Sexual Harassment , Barbara Palmer, Judith Baer, Amy Jasperson, Jacqueline Delaat
Low-Life-Sleazy-Big-Haired-Trailer-Park Girl V. The President: The Paula Jones Case And The Law Of Sexual Harassment , Barbara Palmer, Judith Baer, Amy Jasperson, Jacqueline Delaat
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Europe Enters A New Millennium With Gays In The Military While The United States Drowns In Don't Ask, Don't Tell: Twin Decisions By The European Court Of Human Rights , Scott Morris
American University Journal of Gender, Social Policy & the Law
No abstract provided.
United States V. Morrison 529 U.S. 598 (2000), Ambre Howard
United States V. Morrison 529 U.S. 598 (2000), Ambre Howard
American University Journal of Gender, Social Policy & the Law
No abstract provided.
When Is An Attempted Rape Not An Attempted Rape? When The Victim Is A Transsexual - Schwenk V. Hartford: The Intersection Of Prison Rape, Title Vii And Societal Willingness To Dehumanize Transsexuals, Katrina C. Rose
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake
The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake
Articles
Title IX's three-part test for measuring discrimination in the provision of athletic opportunities to male and female students has generated heated controversy in recent years. In this Article, Professor Brake discusses the theoretical underpinnings behind the three-part test and offers a comprehensive justification of this theory as applied to the context of sport. She begins with an analysis of the test's relationship to other areas of sex discrimination law, concluding that, unlike most contexts, Title IX rejects formal equality as its guiding theory, adopting instead an approach that focuses on the institutional structures that subordinate girls and women in sport. …
Identity Crisis: "Intersectionality," "Multidimensionality," And The Development Of An Adequate Theory Of Subordination, Darren Lenard Hutchinson
Identity Crisis: "Intersectionality," "Multidimensionality," And The Development Of An Adequate Theory Of Subordination, Darren Lenard Hutchinson
Michigan Journal of Race and Law
This Article arises out of the intersectionality and post-intersectionality literature and makes a case against the essentialist considerations that informed the Human Rights Campaign's endorsement of United States Senator Alfonse D'Amato. Part I discusses the pitfalls that occur when scholars and activists engage in essentialist politics and treat identities and forms of subordination as conflicting forces. Part II examines how essentialism negatively affects legal theory in the equality context. Part III considers the historical motivation for and the efficacy of the "intersectionality" response to the problem of essentialism. Part III also extensively analyzes the "multidimensional" critiques of essentialism offered by …