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Articles 1 - 7 of 7
Full-Text Articles in Law
Identity/Time, Nancy J. Knauer
Identity/Time, Nancy J. Knauer
Nancy J. Knauer
This paper engages the unspoken fourth dimension of intersectionality — time. Using the construction of lesbian, gay, bisexual, and transgender (LGBT) identities as an example, it establishes that identity, as it is lived and experienced, is not only multivalent, but also historically contingent. It then raises a number of points regarding the temporal locality of identity — the influence of time on issues of identity and understanding, its implications for legal interventions, social movement building, and paradigms of progressive change. As the title suggests, the paper asks us to consider the frame of identity over time.
Love In Action: Noting Similarities Between Lynching Then & Anti-Lgbt Violence Now, Koritha Mitchell
Love In Action: Noting Similarities Between Lynching Then & Anti-Lgbt Violence Now, Koritha Mitchell
Koritha Mitchell
The more I learn about the violence currently plaguing LGBT communities, the more it reminds me of the brutal practice of lynching, which has been the focus my research for the past 15 years. Ultimately, both forms of violence are designed to deny targeted groups recognition as citizens. Relying on my expertise regarding racial violence as well as the data on anti-LGBT attacks collected by the National Coalition of Anti-Violence Programs (NCAVP), this essay notes similarities between lynching at the last turn of the century and anti-LGBT violence today. The piece identifies five parallels: 1) the mundane quality of the …
Gay Talk: Protecting Free Speech For Public School Teachers, Stephen J. Elkind, Peter D. Kauffman
Gay Talk: Protecting Free Speech For Public School Teachers, Stephen J. Elkind, Peter D. Kauffman
Stephen J Elkind
In Garcetti v. Ceballos, the Supreme Court held that public employees are not entitled to free speech when speaking “pursuant to their official duties.” In most situations, this strips teachers of First Amendment protection when they discuss controversial subjects, such as homosexuality, with their students. To ensure their classrooms are tolerant and accepting environments for homosexual and questioning youth, teachers need free speech protection against adverse employment action their schools might take. The Garcetti Court, acknowledging that “expression related to academic scholarship and classroom instruction implicates” unique constitutional concerns, explicitly left open whether its decision applied in the education …
Censor, Resist, Repeat A History Of Censorship Of Gay And Lesbian Sexual Representation In Canada, Brenda Cossman
Censor, Resist, Repeat A History Of Censorship Of Gay And Lesbian Sexual Representation In Canada, Brenda Cossman
brenda cossman
No abstract provided.
Revisiting The Meaning Of Marriage: Immigration For Same-Sex Spouses In A Post-Windsor World, Scott Titshaw
Revisiting The Meaning Of Marriage: Immigration For Same-Sex Spouses In A Post-Windsor World, Scott Titshaw
Scott Titshaw
When the Supreme Court struck down Section 3 of DOMA in United States v. Windsor, it eliminated a categorical barrier to immigration for thousands of LGBT families. Yet Windsor was not an immigration case, and the Court’s opinion did not address at least three resulting immigration questions: What if a same-sex couple legally marries in one jurisdiction but resides in a state that does not recognize the marriage? What if the couple is in a legally-recognized “civil union” or “registered partnership”? Will children born to spouses or registered partners in same-sex couples be recognized as “born in wedlock” for immigration …
Lgbt Issues And Adult Guardianship: A Comparative Perspective, Nancy J. Knauer
Lgbt Issues And Adult Guardianship: A Comparative Perspective, Nancy J. Knauer
Nancy J. Knauer
Guardianship reform has largely overlooked issues related to sexual orientation and gender identity. Lesbian, gay, bisexual, and transgender (LGBT) individuals, however, present a distinct set of needs and concerns due to certain unique demographic characteristics, the evolving nature of LGBT civil rights, and the stubborn persistence of anti-LGBT bias and prejudice. This chapter explores these LGBT-specific concerns from a comparative perspective and identifies the various ways that seemingly neutral guardianship laws can work to silence LGBT identities and place LGBT families at risk. It concludes that guardianship systems should incorporate safeguards that expressly acknowledge the importance of sexual orientation and …
Bullying Across The Lifecourse: Redefining Boundaries, Responsibility, And Harm, Nancy J. Knauer
Bullying Across The Lifecourse: Redefining Boundaries, Responsibility, And Harm, Nancy J. Knauer
Nancy J. Knauer
Over the last fifteen years, our understanding of bullying has experienced a radical redefinition. In our schools, universities, workplaces, and assisted living facilities, behavior that we once dismissed as “horseplay” or “teasing” has increasingly been labeled as unacceptable and, in some instances, criminal. We seem to have reached one of those societal tipping points where certain behaviors we once took for granted are no longer acceptable. Not that long ago, sexual harassment was simply the cost of being female in the workplace, but the 1980s saw a period of redefinition when sexual harassment was reinterpreted and understood to be a …