Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Sexuality and the Law (22)
- Civil Rights and Discrimination (15)
- Constitutional Law (11)
- Law and Gender (6)
- Law and Society (6)
-
- International Law (5)
- Family Law (4)
- Human Rights Law (4)
- Arts and Humanities (3)
- Fourteenth Amendment (3)
- Supreme Court of the United States (3)
- Comparative and Foreign Law (2)
- Feminist, Gender, and Sexuality Studies (2)
- Judges (2)
- Legal Writing and Research (2)
- Lesbian, Gay, Bisexual, and Transgender Studies (2)
- Litigation (2)
- Religion Law (2)
- State and Local Government Law (2)
- Asian Studies (1)
- Biblical Studies (1)
- Civil Procedure (1)
- Courts (1)
- Education (1)
- Estates and Trusts (1)
- European Law (1)
- First Amendment (1)
- Immigration Law (1)
- International Humanitarian Law (1)
- Institution
-
- American University Washington College of Law (6)
- Maurer School of Law: Indiana University (5)
- University of Kentucky (5)
- University of Michigan Law School (5)
- Cleveland State University (2)
-
- Mitchell Hamline School of Law (2)
- The Catholic University of America, Columbus School of Law (2)
- The University of Akron (2)
- University of Georgia School of Law (2)
- William & Mary Law School (2)
- Brigham Young University (1)
- Fordham Law School (1)
- Golden Gate University School of Law (1)
- Northwestern Pritzker School of Law (1)
- Pepperdine University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Denver (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Miami Law School (1)
- University of Tennessee College of Law (1)
- Publication Year
- Publication
-
- Kentucky Law Journal (5)
- American University Journal of Gender, Social Policy & the Law (4)
- Indiana Journal of Law and Social Equality (3)
- Catholic University Law Review (2)
- Georgia Journal of International & Comparative Law (2)
-
- Journal of Law and Health (2)
- Michigan Journal of Gender & Law (2)
- Michigan Law Review (2)
- Akron Law Review (1)
- American University International Law Review (1)
- Brigham Young University Prelaw Review (1)
- ConLawNOW (1)
- Fordham Urban Law Journal (1)
- Golden Gate University Law Review (1)
- Human Rights & Human Welfare (1)
- Indiana Journal of Global Legal Studies (1)
- Indiana Law Journal (1)
- Michigan Journal of International Law (1)
- Mitchell Hamline Law Review (1)
- Northwestern University Law Review (1)
- Pepperdine Law Review (1)
- Tennessee Journal of Race, Gender, & Social Justice (1)
- The Modern American (1)
- Touro Law Review (1)
- University of Arkansas at Little Rock Law Review (1)
- University of Maryland Law Journal of Race, Religion, Gender and Class (1)
- University of Miami Law Review (1)
- William & Mary Bill of Rights Journal (1)
- William & Mary Law Review (1)
- William Mitchell Law Review (1)
Articles 1 - 30 of 44
Full-Text Articles in Law
Justice David Hackett Souter And The Right To Privacy, Scott P. Johnson
Justice David Hackett Souter And The Right To Privacy, Scott P. Johnson
Mitchell Hamline Law Review
No abstract provided.
Justice Alito's Laundry List: Highlights From Appendix C Of Bostock And A Roadmap For Lgbtq+ Legal Advocates, Peter Quinn
Justice Alito's Laundry List: Highlights From Appendix C Of Bostock And A Roadmap For Lgbtq+ Legal Advocates, Peter Quinn
William & Mary Law Review
After a brief background on Bostock [v. Clayton County] in Part I, the bulk of this Note seeks to examine Justice Alito’s Bostock dissent and its potential future usefulness for LGBTQ+ advocates. Part II will analyze Justice Alito’s dissent and Appendix C, arguing that his concerns about Bostock’s consequences across other federal statutes fall into three primary categories of usefulness. The remaining Parts will survey these categories, including the “small potatoes” in Part III, the “blockbusters” in Part IV, and the “under-the-radar” areas in Part V. Part V takes particular notice of potential applications of Bostock’s …
Making Hazelwood Age-Appropriate: How Viewpoint Neutrality And Recontextualizing The Age-Appropriate Standard Might Save School-Sponsored Lgbt Speech, Rebecca Girardin
Making Hazelwood Age-Appropriate: How Viewpoint Neutrality And Recontextualizing The Age-Appropriate Standard Might Save School-Sponsored Lgbt Speech, Rebecca Girardin
William & Mary Bill of Rights Journal
Younger people are identifying as lesbian, gay, bisexual, or transgender (henceforth “LGBT”) more than any previous generation. Likewise, there has been a proliferation of free-speech litigation involving student speech that discusses LGBT issues. Beyond just LGBT speech in school, there has been a recent resurgence in the discussion around the relationship between parents, students, school administrators, and school boards when it comes to regulating school-sponsored speech.
Besides the growing number of students identifying as LGBT, protecting LGBT speech in school is of particular importance because the manner in which a school deals with LGBT speech directly influences the mental health …
We're Here, We're Queer, And We're Here To Stay: Zhdanov And Others V. Russia And The State Of The European Court Of Human Rights Judgments On Queer Rights Against Russia, Kevin Parker
Georgia Journal of International & Comparative Law
No abstract provided.
Zarda And Sexual Orientation Expression: A New High For Title Vii Interpretation, Nico Ramos
Zarda And Sexual Orientation Expression: A New High For Title Vii Interpretation, Nico Ramos
Catholic University Law Review
Under current federal law, a majority of jurisdictions decline to extend Title VII protections based on sexual orientation; however, a growing number of circuits have reversed precedent and held that Title VII prohibits discrimination sexual orientation discrimination. The Second Circuit’s en banc decision in Zarda v. Altitude Express reached the conclusion that sexual orientation discrimination is as a cognizable claim under Title VII because in order to discriminate against a person sexual orientation, you naturally first have to take their gender into account. The Supreme Court granted certiorari and has now heard oral arguments.
Part I of this note provides …
Regulating International Surrogacy Arrangements Within The United States: Is There A Conceivable Solution?, Laura R. Golden
Regulating International Surrogacy Arrangements Within The United States: Is There A Conceivable Solution?, Laura R. Golden
Georgia Journal of International & Comparative Law
No abstract provided.
Eight Justices Are Enough: A Proposal To Improve The United States Supreme Court, Eric J. Segall
Eight Justices Are Enough: A Proposal To Improve The United States Supreme Court, Eric J. Segall
Pepperdine Law Review
Over the last twenty-five years, some of the most significant Supreme Court decisions involving issues of national significance like abortion, affirmative action, and voting rights were five-to-four decisions. In February 2016, the death of Justice Antonin Scalia turned the nine-Justice court into an eight-Justice court, comprised of four liberal and four conservative Justices, for the first time in our nation’s history. This article proposes that an evenly divided court consisting of eight Justices is the ideal Supreme Court composition. Although the other two branches of government have evolved over the years, the Supreme Court has undergone virtually no significant changes. …
Transformative Events In The Lgbtq Rights Movement, Ellen A. Andersen
Transformative Events In The Lgbtq Rights Movement, Ellen A. Andersen
Indiana Journal of Law and Social Equality
Obergefell v. Hodges, the 2015 Supreme Court case holding that same-sex couples had a constitutional right to marry under the Due Process Clause of the Fourteenth Amendment, was widely hailed in the media as a turning point for the LGBTQ rights movement. In this article, I contemplate the meaning of turning points. Social movement scholars have shown that specific events can, on rare occasion, alter the subsequent trajectory of a social movement. Such events have been termed ‘transformative events.’ I ask whether judicial decisions have the capacity to be transformative events and, if so, under what circumstances. I begin by …
Policy Backlash: Measuring The Effect Of Policy Venues Using Public Opinion, Scott Barclay, Andrew R. Flores
Policy Backlash: Measuring The Effect Of Policy Venues Using Public Opinion, Scott Barclay, Andrew R. Flores
Indiana Journal of Law and Social Equality
No abstract provided.
What Does The Foxx Say? An Analysis On The Potential Impact Of The Eeoc’S Official Position That Discrimination On The Basis Of Sexual Orientation Is Itself A Form Of Sex Discrimination, Elizabeth Halet
Indiana Journal of Law and Social Equality
No abstract provided.
A Free Speech Response To The Gay Rights/Religious Liberty Conflict, Andrew Koppelman
A Free Speech Response To The Gay Rights/Religious Liberty Conflict, Andrew Koppelman
Northwestern University Law Review
The most sensible reconciliation of the tension between religious liberty and public accommodations law, in the recent cases involving merchants with religious objections to same-sex marriage, would permit business owners to present their views to the world, but forbid them either to threaten to discriminate or to treat any individual customer worse than others. Even if such businesses have no statutory right to refuse to facilitate ceremonies they regard as immoral, they are unlikely to be asked to participate in those ceremonies. This solution may, however, be forbidden by the law of hostile environment harassment. That raises a severe free …
Courage, Postimmunity Politics, And The Regulation Of The Queer Subject, Chantal Nadeau
Courage, Postimmunity Politics, And The Regulation Of The Queer Subject, Chantal Nadeau
Indiana Journal of Global Legal Studies
In this paper, I argue that courage is invoked in contemporary political discourses in such a way as to regulate queer legal subjectivities. That is, the discourses of courage re-articulate the social, legal, and political relations that define and restrict the lives of lesbian, gay, bisexual, and transgender (LGBT) citizens. Drawing on Roberto Esposito's theoretical elaboration of the concept of immunity, I remap the legal and political dynamics through which nations incorporate LGBT citizens into the polity. I discuss how the regulation of gay rights in a growing number of democracies in Europe, the Americas, and South Africa has contributed …
Ten Questions On Gay Rights And Freedom Of Religion, Wilson R. Huhn
Ten Questions On Gay Rights And Freedom Of Religion, Wilson R. Huhn
ConLawNOW
I have prepared a series of ten questions that will progressively narrow the issues concerning gay rights and free exercise rights until we come to the principal point upon which Professor Dent and I disagree – the definition and application of the principle of equality.
Bridging Bisexual Erasure In Lgbt-Rights Discourse And Litigation, Nancy C. Marcus
Bridging Bisexual Erasure In Lgbt-Rights Discourse And Litigation, Nancy C. Marcus
Michigan Journal of Gender & Law
LGBT rights are at the forefront of current legal news, with “gay marriage” and other “gay” issues visible beyond dispute in social and legal discourse in the 21st Century. Less visible are the bisexuals who are supposedly encompassed by the umbrella phrase “LGBT” and by LGBT-rights litigation, but who are often left out of LGBTrights discourse entirely. This Article examines the problem of bisexual invisibility and erasure within LGBT-rights litigation and legal discourse. The Article surveys the bisexual erasure legal discourse to date, and examines the causes of bisexual erasure and its harmful consequences for bisexuals, the broader LGBT community, …
Testing Constitutional Pluralism In Strasbourg: Responding To Russia's "Gay Propaganda" Law, Jesse W. Stricklan
Testing Constitutional Pluralism In Strasbourg: Responding To Russia's "Gay Propaganda" Law, Jesse W. Stricklan
Michigan Journal of International Law
In 2013, the Russian Federation amended Federal Law No. 436-FZ, “On Protection of Children from Information Harmful to Their Health and Development” (2013 law), introducing language making illegal the public discussion—or, in the law’s words, “propagandization”—of what it called “non-traditional sexual relationships.” Undertaken during a period of increasing domestic and international hostility, the law was intended by the government to be a bold, two-fold rejection of supposedly “European” values: first, as resistance to the gay rights movement, which is presented as unsuitable for Russia; and second, as a means of further weakening the freedom of expression in Russia. On both …
National Gay Task Force V. Board Of Education Of Oklahoma City, Susan Fitch
National Gay Task Force V. Board Of Education Of Oklahoma City, Susan Fitch
Akron Law Review
The National Gay Task Force (NGTF) looked to the courts for relief in challenging an Oklahoma statute which attempted to regulate teachers' speech. National Gay Task Force v. Board of Education of Oklahoma City marks the first time since the beginning of the gay rights movement that the United States Supreme Court has granted certiorari to a case which had homosexuality as its central issue. The result in National Gay Task Force has left both the challengers and the defenders of the Oklahoma statute claiming victory.
The NGTF claims that although the portion of the statute which prohibits teachers from …
Scrutiny Of The Venire, Scrutiny From The Bench: Smithkline Beecham Corp. V. Abbott Laboratories And The Application Of Heightened Scrutiny To Sexual Orientation Classifications, Parker Williams
Catholic University Law Review
In SmithKline Beecham Corp. v. Abbott Laboratories, the Ninth Circuit Court of Appeals applied heightened scrutiny to a sexual orientation classification. Through SmithKline, the Ninth Circuit became one of the first federal circuit courts to do so explicitly; and by unequivocally applying a more exacting standard than rational basis, it furthered the framework developed in cases such as Romer v. Evans, Lawrence v. Texas, and United States v. Windsor. This Note asserts that SmithKline is a significant victory for the advancement of LGBT rights, as evidenced by its use to strike down several same-sex marriage bans …
Oyez, Oyez: An Inside Look At Romer V. Evans, Mary A. Celeste
Oyez, Oyez: An Inside Look At Romer V. Evans, Mary A. Celeste
William Mitchell Law Review
No abstract provided.
At Long Last Marriage, Jack B. Harrison
At Long Last Marriage, Jack B. Harrison
American University Journal of Gender, Social Policy & the Law
Over time, the Supreme Court has made clear its belief that marriage is one of the most significant and fundamental rights provided protection under the Constitution. In his opinion in Griswold v. Connecticut, Justice Douglas characterized marriage as a “coming together for better or for worse, hopefully enduring, and intimate to the [point] of being sacred[,]” describing it as “an association that promotes a way of life . . . a harmony in living . . . [and] a bilateral loyalty.” The Court in Griswold clearly found that marriage was deserving of protection not solely because it was the locus …
“The Last Acceptable Prejudice”: Student Harassment Of Gay Public School Teachers, Matthew Bernstein
“The Last Acceptable Prejudice”: Student Harassment Of Gay Public School Teachers, Matthew Bernstein
Tennessee Journal of Race, Gender, & Social Justice
In the United States, where the “marketplace of ideas” is a key social philosophy, few Americans receive the benefits of attending public schools with “out” gay and lesbian teachers. Even in an era where civil rights for homosexual public employees are increasing, more than one quarter of adults in the United States continue to believe that school boards should be permitted to fire teachers known to be homosexual. Amid a permissive legal climate that too easily puts aside the rights of teachers in a myopic focus on students, incidents where students harass teachers based on the teachers’ sexual orientation go …
National Report: United Kingdom, Kenneth Mck. Norrie
National Report: United Kingdom, Kenneth Mck. Norrie
American University Journal of Gender, Social Policy & the Law
No abstract provided.
National Report: Colombia, Universidad De Los Andes Public Interest Law Group
National Report: Colombia, Universidad De Los Andes Public Interest Law Group
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Is False Imputation Of Being Gay, Lesbian, Or Bisexual Still Defamatory? The Arkansas Case, Jay Barth
Is False Imputation Of Being Gay, Lesbian, Or Bisexual Still Defamatory? The Arkansas Case, Jay Barth
University of Arkansas at Little Rock Law Review
Falsely identifying someone as lesbian, gay, or bisexual (LGB) has historically been defamation per se in American courts. In modern times, however, courts have become conflicted as to whether a false imputation of a person as LGB is defamatory. Accordingly, this article examines the roots of defamation law as it relates to sexual minorities, and then examines questions regarding the defamatory status of false identification of another as LGB, whether community or national standards should drive such a determination, and finally, to what degree is any legal recognition of harm to reputation for being LBG a perpetuation of the status …
"Don't Ask, Don't Tell," The Supreme Court, And Lawrence The "Laggard", Audrey K. Hagedorn
"Don't Ask, Don't Tell," The Supreme Court, And Lawrence The "Laggard", Audrey K. Hagedorn
Indiana Law Journal
No abstract provided.
Ignoring Human Rights For Homosexuals: Gross Violations Of International Obligations In Cameroon, Erica Nordberg
Ignoring Human Rights For Homosexuals: Gross Violations Of International Obligations In Cameroon, Erica Nordberg
American University International Law Review
No abstract provided.
Who Is A Human Rights Defender? An Essay On Sexual And Reproductive Rights Defenders, Cynthia Soohoo, Diana Hortsch
Who Is A Human Rights Defender? An Essay On Sexual And Reproductive Rights Defenders, Cynthia Soohoo, Diana Hortsch
University of Miami Law Review
No abstract provided.
Disgust And The Problematic Politics Of Similarity, Courtney Megan Cahill
Disgust And The Problematic Politics Of Similarity, Courtney Megan Cahill
Michigan Law Review
Martha Nussbaum's latest book, From Disgust to Humanity: Sexual Orientation & Constitutional Law, could not have come at a more opportune time in the history of gay rights in the United States. All signs point to progress toward "humanity," from same-sex couples' successful bids for marriage equality in a handful of states to the public's increasing acceptance of the prospect of gays and lesbians serving openly in the military. Even if recent cognitive science research indicates that same-sex relationships provoke more than a little disgust in some people, landmark marriage-equality victories in a few states suggest that the law is …
Employment Discrimination Against Lesbians: Municipal Ordinances And Other Remedies, Andra Pearldaughter
Employment Discrimination Against Lesbians: Municipal Ordinances And Other Remedies, Andra Pearldaughter
Golden Gate University Law Review
No abstract provided.
Achieving Justice Through Rebellious Lawyering: Restructuring Systems Of Law And Power For Social Change, Ashly Hinmon
Achieving Justice Through Rebellious Lawyering: Restructuring Systems Of Law And Power For Social Change, Ashly Hinmon
The Modern American
No abstract provided.
The One-Child Policy, Gay Rights, And Social Reorganization In China, Kody Gerkin
The One-Child Policy, Gay Rights, And Social Reorganization In China, Kody Gerkin
Human Rights & Human Welfare
China’s youth are becoming adults in an unprecedented era. The Chinese have achieved rapid, sustained economic growth under a Communist government that has simultaneously been initiating a wide range of social planning initiatives.