Law Commons^™

Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson

Cultural Encounters, Conflicts, and Resolutions

Minority rights and religion have never been topics that are simultaneously considered. However, arguably, the two have relevance, especially when combined with the topic and theory of constitutionalism. Historically and traditionally, minorities have been granted certain rights and have been denied certain rights under various constitutions. These grants and denials relate to cultural differences and values, arguably relating to a culture’s understanding and interpretation of religion.

This article explores the relationship and status of minority rights as it relates to religiosity and constitutionalism. Essentially, there is a correlation between these topics and research shows where certain nations have used religion …

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Touro Law Review

No abstract provided.

Extracting More Than Resources: Human Security And Arctic Indigenous Women, Victoria Sweet

Seattle University Law Review

The circumpolar Arctic region is at the forefront of rapid change, and with change come potential threats to human security. Numerous factors determine what makes a state, a community, or an individual feel secure. For example, extractive industry development can bring economic benefits to an area, but these development projects also bring security concerns, including potential human rights violations. While security concerns connected with development projects have been studied in southern hemisphere countries and countries classified as “developing,” concerns connected with extractive industry development projects in “developed” countries like the United States have received little attention. This Article will change …

Voided Vows: Annulment As A Full Faith And Credit Solution To The Same-Sex Divorce Conundrum, Katharine J. Westfall

William & Mary Bill of Rights Journal

No abstract provided.

License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra Lacour

Seattle University Law Review

Over the past few decades, the debate over sexual orientation has risen to the forefront of civil rights issues. Though the focus has generally been on the right to marriage, peripheral issues associated with the right to marriage—and with sexual orientation generally—have become more common in recent years. As the number of states permitting same-sex marriage—along with states prohibiting discrimination on the basis of sexual orientation—increases, so too does the conflict between providers of public accommodations and those seeking their services. Never is this situation more problematic than when religious beliefs are cited as the basis for denying services to …

A Brief Introduction To The Relationship Between Sexuality And Rights, Oliver Phillips

Georgia Journal of International & Comparative Law

No abstract provided.

Legal Recognition Of Gender Change For Transsexual Persons In The United Kingdom: The Human Rights Act 1998 And "Compatibility" With European Human Rights Law, Robert E. Rains

Georgia Journal of International & Comparative Law

No abstract provided.

A Joyful Heart Is Good Medicine: Sexuality Conversion Bans In The Courts, Wyatt Fore

Michigan Journal of Gender & Law

Led by California and New Jersey, states have begun to ban Sexual Orientation Change Efforts (SOCE) for minors. States have targeted SOCE, also called ‘gay conversion therapy,’ by regulating state licensure requirements for mental health professionals. Conservative legal groups have challenged these bans in federal court, alleging a variety of constitutional violations sounding in the First and Fourteenth Amendments. More specifically, these legal groups propose theories claiming that the bans infringe upon individuals’ freedom of speech, free exercise, and parental rights. In this Note, I survey the history of these bans, as well as court decisions that have rejected constitutional …

The Limits Of Child Pornography, Carissa Byrne Hessick

Indiana Law Journal

Although the First Amendment ordinarily protects the creation, distribution, and possession of visual images, the Supreme Court has declared that those protections do not apply to child pornography. But the Court has failed to clearly define child pornography as a category of speech. Providing a precise definition of the child pornography exception to the First Amendment has become increasingly important because recent years have seen a dramatic increase in the penalties associated with the creation, distribution, and possession of child pornography.

This Article proposes a clear definition of the child pornography exception. It argues that an image ought to fall …

Twu Law: A Reply To Proponents Of Approval, Elaine Craig

Dalhousie Law Journal

Trinity Western University has a Community Covenant that only permits sexual minorities to attend at considerable personal cost to their dignity and sense of self-worth. All student and staff applicants to TWU are required to sign this covenant, pledging not to engage in same-sex intimacy. The purpose of this article is to offer a reply to the arguments advanced by proponents of granting law society accreditation to TWUs proposed program. The paper rejects six of the central claims that proponents ofapproval have advanced. First it responds to the claim that TWU does not actually discriminate against the LGBTQ community. Second …

Circles Of Trust: Using Restorative Justice To Repair Organizations Marred By Sex Abuse, Meredith C. Doyle

Pepperdine Dispute Resolution Law Journal

This article focuses on the role of restorative justice in repairing the sexual abuse cases of organizations like schools and churches. Topics discussed include efforts of the community members and institution leaders in the prevention of sexual victimization, the role of public apology and restorative justice in restoring the community faith and the role of the criminal justice system in protecting the victims of sexual abuse.

Democracy In Disguise: Assessing The Reforms To The Fundamental Rights Provisions In Guyana, Arif Bulkan

Georgia Journal of International & Comparative Law

No abstract provided.

Same-Sex Marriage And Religion: An Inappropriate Relationship, Brittney Baker

e-Research: A Journal of Undergraduate Work

The debate over same-sex marriage has been a prominent issue in our society over many years now, appearing in several ballot initiatives such as California's Proposition 8. The idea of allowing two people of the same gender to enter into the institution of marriage has brought out drastic emotions and reactions from many different groups of people. Those who engage in the debate believe strongly in their convictions; the two loudest voices tend to come from the gay community and the religious community, the former arguing in favor of same-sex marriage and the latter against it. Religious groups, predominantly from …

Religious Views As A Predictor Of Vote Choice, Erienne Plotkin

e-Research: A Journal of Undergraduate Work

This is a study of the relationship between the religious beliefs of people in the United States and their voting patterns. It is also a comparison between such results and that of more traditional voting predictors such as economic status or education level of voters. In general, there has been an apparent separation of church and state. More common predictors of voting behavior that have been used in the past are traditional demographics such as education levels and economic status. Although these traditional predictors are often accurate, religious belief and churches may play a greater, if insufficiently recognized role in …

Empathy, Open-Mindedness, And Political Ideology: Conservative And Liberal Trends, Dani Cosme, Chrissy Pepino, Brandon Brown

e-Research: A Journal of Undergraduate Work

This study hypothesizes that the religious variables will be superior to the predictive power of other demographic measures of the same population. This study will compare the results of religious questions to those of "To what economic class do you belong?" and "What is the highest level of education you have completed?" that are often used as reliable predictions of voting behavior.

Elite Leadership Of Opinion And The Public Polarization: The Same Sex Marriage Debate In The United States, Patricia Victorio

e-Research: A Journal of Undergraduate Work

The California Supreme Court made a landmark decision with the court case In re Marriage Cases (2008), legalizing same sex marriage within the state, and overturning the California Defense of Marriage Act (Proposition 22). With a swift decision the supreme court put the controversial issue of same sex marriage back in the media spot light. Outside of California, states such as Arizona also reopened the debate of same sex marriage. The Arizona legislature put this issue up for a vote in the Fall 2008 election. The Arizona ballot measure, Proposition 102, wanted to define marriage between one man and one …

The Effects Of Proposition 8 In The Lgbt Rights Movement In Orange County, Maria Claudia Brena

e-Research: A Journal of Undergraduate Work

Proposition 8 was a California ballot initiative that banned same-sex marriage in November of 2008. The issue of same-sex marriage is usually framed in the media as a political and cultural battle where the two opposing sides argue about the legal and cultural repercussions of the recognition of same-sex unions for same-sex relationships and society. Rather than focusing on the legal implications of the Proposition 8 campaign and its outcome, this paper addresses the campaign's effects in the LGBT Rights Movement in Orange County. During the campaign many LGBTs became politically active for the first time in their lives, but …

On “Trafficking And Health”, Dominique Stewart

e-Research: A Journal of Undergraduate Work

This paper discusses the article "Trafficking and Health" by Joanna Busza, Sarah Castle, and Aisse Diarra. Human trafficking is unfortunately addressed by many political systems as a migration issue ‐‐ to be dealt with by restricting the rights of migrants, tightening border controls, etc. However, as we see in this article it is more of a health and human rights issue than anything else. Addressing a problem with the wrong diagnosis does nothing to solve it and oftentimes exacerbates it, and human trafficking is no exception to this. But with the right approaches, the damage caused by trafficking can be …

Addressing The Tension Between The Dual Identities Of The American Prostitute: Criminal And Victim; How Problem-Solving Courts Can Help, Brynn N.H. Jacobson

Seattle University Law Review

This Comment focuses on the sexual exploitation of both adult women and girls in the life of prostitution. The primary purpose is to explore the difficulties faced by American citizens who are exploited in prostitution (as opposed to foreign nationals who are subject to exploitation). This Comment focuses only on state and local prostitution laws, as opposed to global or federal laws on prostitution. It takes the position that prostitution is not a chosen profession for the vast majority and that prostitution is sexual exploitation. This Comment discusses the experiment of legalization and decriminalization in the Netherlands and Sweden as …

Raymond, Janice. Not A Choice, Not A Job., Ane Mathieson

Journal of Interdisciplinary Feminist Thought

No abstract provided.

Diversity In The Boardroom: A Content Analysis Of Corporate Proxy Disclosures, Aaron A. Dhir

Pace International Law Review

My work in this field has focused on regulation by quota and regulation by disclosure. With regard to quotas, strikingly, the Norwegian law is not located in regulation that explicitly deals with human rights or equality issues; rather, it is found in the heart of the legal regime that gives life and personality to corporations – in Norwegian corporate law. I have conducted qualitative, interview-based research with Norwegian corporate directors, both men and women. It is only through understanding how the goals of the law have translated into the day-to-day existence of these individuals that we can begin to consider …

Comparative Sex Regimes And Corporate Governance: An Introduction, Darren Rosenblum

Pace International Law Review

In February 2013, on the day of the worst snowstorm in many years, Pace International Law Review conducted a symposium on “Comparative Sex Regimes and Corporate Governance.” Despite a total shutdown of all transport networks and the consequent absence of a few stranded scholars, we met to discuss the fraught questions posed by corporate board quotas and formulate answers.

Led by Norway in 2003, several nations have begun to mandate certain levels of women’s inclusion on corporate boards. In the face of widespread exclusion of women from corporate power that suggests structural biases, these quotas appear radical and compelling. The …

Removing Disfavored Faces From Facebook: The Freedom Of Speech Implications Of Banning Sex Offenders From Social Media, John Hitz

Indiana Law Journal

This Note scrutinizes the constitutionality of statutes that ban sex offenders who are no longer under any form of probation, parole, or supervised release from using social media. This Note argues that the incarnations of three of the social media ban statutes that have been examined by the federal judiciary were properly found unconstitutional because they violate the free speech rights of the sex offenders that they ban from social media. This Note goes on to argue that states can secure the interests they were seeking to protect in adopting these statutes through other means.

ng what groups of individuals …

Let’S Talk About Sex: How Societal Value Evolution Has Redefined Obscenity, Kamilah Mitchell

Pace Intellectual Property, Sports & Entertainment Law Forum

This Note seeks to examine the evolution of sex and sexuality in the media, by critically examining how the prevalence of sex and more recently the prevalence of topics and issues related to sexuality in television, literature, electronic media, and art have and continue to impact societal views and notions on obscenity. This Note will also examine the Miller test for obscenity, and the long term effects of societal value evolution on the application of the Miller test. This Note concludes by positing that at some point, the line between what is deemed sexually offensive and what is socially acceptable …

The Ninth Circuit's Treatment Of Sexual Orientation: Defining “Rational Basis Review With Bite”, Ian Bartrum

Michigan Law Review First Impressions

On February 10, Nevada's Democratic attorney general decided to stop defending the state's constitutional amendment banning same-sex marriage, which is currently under review in the U.S. Court of Appeals for the Ninth Circuit. Perhaps even more surprising, Nevada's Republican governor agreed with that decision, concluding that the "case is no longer defensible in court." Ironically, all of this came after the plaintiffs had lost their case in the district court. But the federal constitutional landscape surrounding same-sex marriage is rapidly shifting, and in the nation's largest circuit change is coming quickly indeed. The latest upheaval—the decision that in fact prompted …

America's "Disneyland Of Sex": Exploring The Problem Of Sex Trafficking In Las Vegas And Nevada's Response, Chariane K. Forrey

Nevada Law Journal

No abstract provided.

Sexual Violence Against Men And Women In War: A Masculinities Approach, Valorie K. Vojdik

Nevada Law Journal

No abstract provided.

Lessons From The Dolphins/Richie Incognito Saga, Kerri Lynn Stone

Nevada Law Journal

No abstract provided.

"All His Sexless Patients": Persons With Mental Disabilities And The Competence To Have Sex, Michael L. Perlin, Alison J. Lynch

Washington Law Review

In this Article, we consider these attitudes while seeking to answer the following questions: • In this area of law and policy, is there any unitary definition of competence? • Are there certain factors that must be considered in determining “sexual competence”? • How does domestic law and policy relate to issues of sexual competence, and does it impact how we should approach these issues? • What are the international human rights law and therapeutic jurisprudence implications of the answers to these questions? In Part I, we will discuss competence to engage in sexual activity in matters involving persons with …

"All His Sexless Patients": Persons With Mental Disabilities And The Competence To Have Sex, Michael L. Perlin, Alison J. Lynch

Washington Law Review

In this Article, we consider these attitudes while seeking to answer the following questions: • In this area of law and policy, is there any unitary definition of competence? • Are there certain factors that must be considered in determining “sexual competence”? • How does domestic law and policy relate to issues of sexual competence, and does it impact how we should approach these issues? • What are the international human rights law and therapeutic jurisprudence implications of the answers to these questions? In Part I, we will discuss competence to engage in sexual activity in matters involving persons with …