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Sexuality and the Law

2008

Institution
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Articles 1 - 30 of 71

Full-Text Articles in Law

Is A Strip Club More Harmful Than A Dirty Bookstore? Navigating A Circuit Split In Municipal Regulation Of Sexually Oriented Businesses, Brigman L. Harman Dec 2008

Is A Strip Club More Harmful Than A Dirty Bookstore? Navigating A Circuit Split In Municipal Regulation Of Sexually Oriented Businesses, Brigman L. Harman

BYU Law Review

No abstract provided.


Oscar Wilde: Paradoxical Poster Child For Both Identify And Post-Identify, Martha M. Ertman Nov 2008

Oscar Wilde: Paradoxical Poster Child For Both Identify And Post-Identify, Martha M. Ertman

Martha M. Ertman

No abstract provided.


"Everybody Is Making Love Or Else Expecting Rain": Considering The Sexual Autonomy Rights Of Persons Institutionalized Because Of Mental Disability In Forensic Hospitals And In Asia, Michael L. Perlin Nov 2008

"Everybody Is Making Love Or Else Expecting Rain": Considering The Sexual Autonomy Rights Of Persons Institutionalized Because Of Mental Disability In Forensic Hospitals And In Asia, Michael L. Perlin

Washington Law Review

One of the most controversial policy questions in all of institutional mental disability law is the extent to which patients in psychiatric hospitals have a right to voluntary sexual interaction. The resolution of this matter involves difficult and sensitive questions of law, social policy, clinical judgment, politics, religion, and family structures. As difficult as these questions are in cases involving civil hospitals, the difficulties are exacerbated when the topic is the application of the right in forensic hospitals. Such facilities typically house individuals involved in the criminal-justice system: who may be incompetent to stand trial; who have been found incompetent …


The Gender Bend: Culture, Sex, And Sexuality- A Latcritical Human Rights Map Of Latina/O Border Crossings, Berta Esperanza Hernandez-Truyol Oct 2008

The Gender Bend: Culture, Sex, And Sexuality- A Latcritical Human Rights Map Of Latina/O Border Crossings, Berta Esperanza Hernandez-Truyol

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.


Creating Masculine Identities: Bullying And Harassment "Because Of Sex", Ann C. Mcginley Oct 2008

Creating Masculine Identities: Bullying And Harassment "Because Of Sex", Ann C. Mcginley

Scholarly Works

This Article deals with group harassment of women and men in the workplace under Title VII of the 1964 Civil Rights Act. In Oncale v. Sundowner Offshore Services, the Supreme Court held that Title VII forbids harassment by members of the same sex, but it also emphasized that Title VII is implicated only if the harassment occurs "because of sex." Oncale's "because of sex" requirement has spawned considerable confusion in same-sex and different sex harassment cases. This Article focuses on four fact patterns that confuse courts, scholars, and employment lawyers. In the first scenario, men harass women in traditionally male …


The Gender Bend: Culture, Sex, And Sexuality – A Latcritical Human Rights Map Of Latina/O Border Crossings, Berta E. Hernández-Truyol Oct 2008

The Gender Bend: Culture, Sex, And Sexuality – A Latcritical Human Rights Map Of Latina/O Border Crossings, Berta E. Hernández-Truyol

UF Law Faculty Publications

In the course of studying and theorizing about Latinas/os and their location in law and culture, critical theory has been simultaneously liberating and restraining, confining, and coercive. Critical theorists have made substantial inroads in recognizing the intersectionality, multidimensionality, multiplicity, and interconnectivities of the intersections of race and sex. These paradigms are central to an analysis of the Latina/o condition within the Estados Unidos (United States). However, much work remains to be done in other areas - such as culture, language, sexuality, and class - that are key to Latinas'/os' self-determination and full citizenship.

Cognizant of, and notwithstanding such limitations, this …


Bad Science Vs. Beautiful Babies, Judith A. Reisman Phd Sep 2008

Bad Science Vs. Beautiful Babies, Judith A. Reisman Phd

Judith A. Reisman

No abstract provided.


Evaluating Legal Activism: A Response To Rosenberg, Dara E. Purvis Sep 2008

Evaluating Legal Activism: A Response To Rosenberg, Dara E. Purvis

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


The Double-Edged Sword In Gay Economic Life? Marriage And The Market, M.V. Lee Badgett Sep 2008

The Double-Edged Sword In Gay Economic Life? Marriage And The Market, M.V. Lee Badgett

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Editor's Note: The Future Of Lgbt Scholarship Sep 2008

Editor's Note: The Future Of Lgbt Scholarship

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Microperformances Of Identity: Visible Same-Sex Couples And The Marriage Controversy, Marc R. Poirier Sep 2008

Microperformances Of Identity: Visible Same-Sex Couples And The Marriage Controversy, Marc R. Poirier

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Repeal Of "Don't Ask, Don't Tell:" A Smooth Transition, Sharon E. Debbage Alexander, Kathi S. Westcott Sep 2008

Repeal Of "Don't Ask, Don't Tell:" A Smooth Transition, Sharon E. Debbage Alexander, Kathi S. Westcott

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Gender Trouble In The Law: Arguments Against The Use Of Status/Conduct Binaries In Sexual Orientation Law, Diane S. Meier Sep 2008

Gender Trouble In The Law: Arguments Against The Use Of Status/Conduct Binaries In Sexual Orientation Law, Diane S. Meier

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Recently Arrested Adolescents Are At High Risk For Sexually Transmitted Diseases, Christopher Salvatore, Steven Belenko, Richard Dembo, Doris Weiland, Matthew Rollie, Alexandra Hanlon, Kristina Childs Aug 2008

Recently Arrested Adolescents Are At High Risk For Sexually Transmitted Diseases, Christopher Salvatore, Steven Belenko, Richard Dembo, Doris Weiland, Matthew Rollie, Alexandra Hanlon, Kristina Childs

Department of Justice Studies Faculty Scholarship and Creative Works

Adolescent offenders may be at high risk for sexually transmitted diseases (STDs). With previous research and interventions focused on incarcerated adolescents, data are needed on STD prevalence and risk factors among newly arrested youth released to the community, a far larger subgroup.Participants were recruited from all arrested youth processed at the Hillsborough County, Florida Juvenile Assessment Center during the last half of 2006 (506 males, 442 females). Participants voluntarily providing urine samples for drug testing as part of standard protocol were also consented to having their specimens split and tested for chlamydia and gonorrhea, using an FDA-approved nucleic acid amplification …


“Militant Judgement?: Judicial Ontology, Constitutional Poetics, And ‘The Long War’”, Penelope J. Pether Jun 2008

“Militant Judgement?: Judicial Ontology, Constitutional Poetics, And ‘The Long War’”, Penelope J. Pether

Working Paper Series

This Article, a contribution to the Cardozo Law Review symposium in honor of Alain Badiou’s Being and Event, uses Badiou’s theorizing of the event and of the militant in Being and Event as a basis for an exploration of problems of judicial ontology and constitutional hermeneutics raised in recent decisions by common law courts dealing with the legislative and executive confinement of “Islamic” asylum seekers, “enemy combatants” and “terrorism suspects,” and certain classes of criminal offenders in spaces beyond the doctrines, paradigms and institutions of the criminal law. The Article proposes an ontology and a poetics of judging equal to …


Ensuring That Only Adults "Go Wild" On The Web: The Internet And Section 2257'S Age-Verification And Record-Keeping Requirements, M. Eric Christense May 2008

Ensuring That Only Adults "Go Wild" On The Web: The Internet And Section 2257'S Age-Verification And Record-Keeping Requirements, M. Eric Christense

Brigham Young University Journal of Public Law

No abstract provided.


The $62 Million Question: Is Virginia's New Center To House Sexually Violent Prisoners Money Well Spent?, Molly T. Geissenhainer May 2008

The $62 Million Question: Is Virginia's New Center To House Sexually Violent Prisoners Money Well Spent?, Molly T. Geissenhainer

University of Richmond Law Review

This comment examines Virginia's current civil commitment statute for sexual predators and attempts to identify areas where Virginia should concentrate its limited resources in order to address more adequately the ever-increasing problem of what to do with sex offenders. Part II briefly describes why sex offenders present law enforcement with unique problems in prevention and deterrence. Part III details the history of civil commitment legislation. Part IV examines Supreme Court of the United States jurisprudence regarding the constitutionality of sex offender civil commitment statutes. Part V examines the Virginia Sexually Violent Predator Act. Part VI briefly considers current violent sexual …


The Prison Rape Elimination Act: Implementation And Unresolved Issues, Brenda V. Smith Apr 2008

The Prison Rape Elimination Act: Implementation And Unresolved Issues, Brenda V. Smith

Articles in Law Reviews & Other Academic Journals

In September 2003, the United States Congress unanimously passed the Prison Rape Elimination Act (PREA). The Act was the culmination of a collaborative effort between human rights, faith-based, and prison rape advocacy. The aim of the Act is to create zero tolerance for prison rape by using a variety of tools or mechanisms including data collection; grants to the states; technical assistance to the states to improve their practices; research; the development of national standards; and the diminution of federal criminal justice assistance to states who fail to comply with the standards. This article aims to provide a brief background …


Judging Sex In War, Karen Engle Apr 2008

Judging Sex In War, Karen Engle

Michigan Law Review

Rape is often said to constitute a fate worse than death. It has long been deployed as an instrument of war and outlawed by international humanitarian law as a serious-sometimes even capital-crime. While disagreement exists over the meaning of rape and the proof that should be required to convict an individual of the crime, today the view that rape is harmful to women enjoys wide concurrence. Advocates for greater legal protection against rape often argue that rape brings shame upon raped women as well as upon their communities. Shame thus adds to rape's power as a war weapon. Sexual violence …


White Sexual Imperialism: A Theory Of Asian Feminist Jurisprudence, Sunny Woan Mar 2008

White Sexual Imperialism: A Theory Of Asian Feminist Jurisprudence, Sunny Woan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Symposium: Issues In Estate Planning For Same-Sex And Transgender Couples: Foreword, Jennifer L. Levi Jan 2008

Symposium: Issues In Estate Planning For Same-Sex And Transgender Couples: Foreword, Jennifer L. Levi

Faculty Scholarship

Despite the sea of change in possibilities for creating lawful relationships for many gay, lesbian, bisexual, and transgender individuals, most jurisdictions do not allow them to marry or enter into any comparable legal status. The vast majority of states either by statute or state constitutional amendment actually prohibit marriage for same-sex couples. And, even when couples can marry or enter into a comparable legal status, they are faced with uncertainty regarding what effect, if any, will be accorded to that status should they travel or move. Given the legal challenges that same-sex couples face, the need for high-quality estate planning …


Discrimination And Inclusivity: Why Apsa Should Not Meet In New Orleans, Martha Ackelsberg, Mary Lyndon Shanley Jan 2008

Discrimination And Inclusivity: Why Apsa Should Not Meet In New Orleans, Martha Ackelsberg, Mary Lyndon Shanley

Human Rights & Human Welfare

The American Political Science Association (APSA) should move the site of its 2012 Annual Meeting from New Orleans for two reasons: first, because the legal recognition and protection of same-sex unions is an issue of human rights and equal citizenship, and second to fulfill its own long-stated commitment not to go to localities with policies that discriminate on the basis of sexual orientation. As a professional organization, it has a responsibility to ensure that every member of the association enjoys the full benefits of membership and an inclusive environment at meetings


A Woman’S Right To Be Spanked: Testing The Limits Of Tolerance Of S/M In The Socio-Legal Imaginary, Ummni Khan Jan 2008

A Woman’S Right To Be Spanked: Testing The Limits Of Tolerance Of S/M In The Socio-Legal Imaginary, Ummni Khan

Studio for Law and Culture

What conditions must be in place for s/m sexuality to be tolerated in law and culture? In this article, I consider the film Secretary as a lens to explore the imaginative limits of our socio-legal culture regarding sadomasochism. In Part One, I compare Secretary to the film 9 ½ weeks. I deconstruct the narrative and aesthetic components of the two films that uphold their contrasting normative visions, arguing that Secretary did indeed chart new ground for the sadomasochist sexual subject. Yet, a close discursive analysis reveals that the narrative relied upon other hegemonies to make the s/m couple acceptable and …


Rhetorical Atavism And The Narrative Of Progress In The Debate Over Marriage Equality, Courtney Megan Cahill Jan 2008

Rhetorical Atavism And The Narrative Of Progress In The Debate Over Marriage Equality, Courtney Megan Cahill

Scholarly Publications

No abstract provided.


Irrational Exuberance For Babies: The Taste For Heterosexuality And Its Conspicuous Reproduction, Jose M. Gabilondo Jan 2008

Irrational Exuberance For Babies: The Taste For Heterosexuality And Its Conspicuous Reproduction, Jose M. Gabilondo

Faculty Publications

This article targets a flying buttress of normative heterosexuality: its physical reproduction via procreation and its symbolic propagation through parents' pre-natal preferences for heterosexuality in future children. While the parental "taste for heterosexuality" is often asserted for the sake of future children themselves, this justification overlooks the role of parental self-interest, including anticipated social gains to parents from heterosexuality in children. Hence the taste sets the stage both for sexual orientation-based abuse of future children and the devaluation of sexual minority adults. Courts too have a taste for heterosexuality, shown here in two state court cases denying gays and lesbians …


Constitutional Law And Values - Version '08 (Not Necessarily And Upgrade), Nadine Strossen Jan 2008

Constitutional Law And Values - Version '08 (Not Necessarily And Upgrade), Nadine Strossen

Articles & Chapters

No abstract provided.


The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso Jan 2008

The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso

West Virginia Law Review

No abstract provided.


(E)Racing Jennifer Harris: Sexuality And Race, Law And Discourse In Harris V. Portland, Kristine E. Newhall, Erin E. Buzuvis Jan 2008

(E)Racing Jennifer Harris: Sexuality And Race, Law And Discourse In Harris V. Portland, Kristine E. Newhall, Erin E. Buzuvis

Faculty Scholarship

In 2007 Penn State basketball coach Rene Portland retired shortly after a confidential settlement ended a discrimination lawsuit brought by former player Jennifer Harris against Portland and Penn State. Because of Portland's infamous policy of not allowing lesbians on her team, her departure was celebrated as a victory against homophobia in sports. Yet although Harris's claims of sexual orientation discrimination were validated in the media, her allegations of racial discrimination were ignored or dismissed as implausible. In this Article, the authors examine the omission of race from the discourse surrounding this case and suggest that both legal and cultural factors …


"Insuring" Quality: Restrictions On Legislative Control Of Partner Benefits At Kentucky's Public Universities, Jacinta Feldman Manning Jan 2008

"Insuring" Quality: Restrictions On Legislative Control Of Partner Benefits At Kentucky's Public Universities, Jacinta Feldman Manning

Kentucky Law Journal

No abstract provided.


Thirty Years After Anita Bryant's Crusade: The Continuing Role Of Morality In The Development Of Legal Rights For Sexual Minorities - Introduction: The Florida Example, Anthony S. Niedwiecki, Williams E. Adams, Jr. Jan 2008

Thirty Years After Anita Bryant's Crusade: The Continuing Role Of Morality In The Development Of Legal Rights For Sexual Minorities - Introduction: The Florida Example, Anthony S. Niedwiecki, Williams E. Adams, Jr.

Publications

No abstract provided.