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Articles 1 - 30 of 60
Full-Text Articles in Law
A Room Of One's Own: Morality And Sexual Privacy After Lawrence V. Texas, Marybeth Herald
A Room Of One's Own: Morality And Sexual Privacy After Lawrence V. Texas, Marybeth Herald
ExpressO
No abstract provided.
Lawrence V. Texas: An Historic Human Rights Victory, Donald E. Wilkes Jr.
Lawrence V. Texas: An Historic Human Rights Victory, Donald E. Wilkes Jr.
Popular Media
The Lawrence decision is one of the most momentous pro-individual rights decisions ever adjudicated by the Court, and joins the exalted ranks of the Court's other benchmark decisions advancing human rights, including Brown v. Board of Education (the 1964 school desegregation decision), Roe v. Wade (the 1973 abortion rights decision), and West Virginia Board of Education v. Barnette (the 1943 decision upholding the right of Jehovah's Witnesses schoolchildren to refuse to salute the flag).
The Internal Revenue Code As Sodomy Statute, Anthony C. Infanti
The Internal Revenue Code As Sodomy Statute, Anthony C. Infanti
ExpressO
This essay attempts to bridge the gap between gay and straight understanding of the Internal Revenue Code’s impact on gay and lesbian couples. Through a combination of personal narrative and legal analysis, I try to explain how, from a gay perspective, the Code can be viewed as discriminating against gay and lesbian couples – regardless of whether, on a net basis, they are required to pay more or less tax than similarly-situated straight couples.
"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 …
The Supreme Court's Labor And Employment Decisions: 2002-2003 Term, Maria O'Brien
The Supreme Court's Labor And Employment Decisions: 2002-2003 Term, Maria O'Brien
Faculty Scholarship
This article summarizes U.S. Supreme Court cases from the October 2002 term that related directly or indirectly to labor or employment law or have implications for labor and employment practitioners. Of particular interest are the University of Michigan affirmative action cases' and the Texas criminal sodomy case. 2 Although not nominally "labor and employment" cases, these cases will profoundly affect labor and employment issues. Lawrence v. Texas has already altered the lenses through which society views homosexuality and altered public discourse related to homosexuality and same-sex relationships. 3 The reasoning of the Court shows how far issues of sexuality have …
Conference Brochure
Don’t Ask, Don’t Tell: 10 Years Later (2003)
No abstract provided.
Lawrence And Same-Sex Marriage Bans: On Constitutional Interpretation And Sophistical Rhetoric, Mark Strasser
Lawrence And Same-Sex Marriage Bans: On Constitutional Interpretation And Sophistical Rhetoric, Mark Strasser
ExpressO
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.
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.
The Effect Of Abortion Legalization On Sexual Behavior: Evidence From Sexually Transmitted Diseases, Jonathan Klick, Thomas Stratmann
The Effect Of Abortion Legalization On Sexual Behavior: Evidence From Sexually Transmitted Diseases, Jonathan Klick, Thomas Stratmann
All Faculty Scholarship
Unwanted pregnancy represents a major cost of sexual activity. When abortion was legalized in a number of states in 1969 and 1970 (and nationally in 1973), this cost was reduced. We predict that abortion legalization generated incentives leading to an increase in sexual activity, accompanied by an increase in sexually transmitted diseases (STDs). Using Centers for Disease Control data on the incidence of gonorrhea and syphilis by state, we test the hypothesis that abortion legalization led to an increase in sexually transmitted diseases. We find that gonorrhea and syphilis incidences are significantly and positively correlated with abortion legalization. Further, we …
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.
The Effect Of Prior Consensual Sex Between The Victim And The Offender On The Prosecutor's Decision To File Charges In Sexual Assault Cases., Kimberly Brooke Hollifield
The Effect Of Prior Consensual Sex Between The Victim And The Offender On The Prosecutor's Decision To File Charges In Sexual Assault Cases., Kimberly Brooke Hollifield
Electronic Theses and Dissertations
Research has shown that both legal and extra-legal factors are used by the prosecutor in a sexual assault case when making the decision to file charges in the case. However, no study on sexual assault prosecutorial discretion, at this time, has examined the effect of prior consensual sex between the victim and the offender and the affect that it has on the prosecutor’s decision to file charges. Using data from a National Institute of Justice Study on sexual assault case processing, this study tests whether evidence of prior consensual sex between the victim and the offender plays a role in …
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.
The Domain Of Reflexive Law, Michael C. Dorf
The Domain Of Reflexive Law, Michael C. Dorf
Cornell Law Faculty Publications
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.
Manual De Derecho Procesal Civil, Edward Ivan Cueva
Manual De Derecho Procesal Civil, Edward Ivan Cueva
Edward Ivan Cueva
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.