Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Sexuality and the Law (27)
- Civil Rights and Discrimination (18)
- Constitutional Law (14)
- Human Rights Law (10)
- Social and Behavioral Sciences (10)
-
- International Law (8)
- Arts and Humanities (7)
- Feminist, Gender, and Sexuality Studies (7)
- Jurisprudence (7)
- Family Law (6)
- International and Area Studies (6)
- Law and Gender (6)
- Political Science (6)
- Fourteenth Amendment (5)
- International Relations (5)
- Lesbian, Gay, Bisexual, and Transgender Studies (5)
- Sociology (5)
- African Studies (4)
- Comparative and Foreign Law (4)
- Criminal Law (4)
- Gender and Sexuality (4)
- Health Law and Policy (4)
- Supreme Court of the United States (4)
- Immigration Law (3)
- Law and Society (3)
- Public Affairs, Public Policy and Public Administration (3)
- State and Local Government Law (3)
- Defense and Security Studies (2)
- First Amendment (2)
- Institution
-
- Maurer School of Law: Indiana University (9)
- Fordham Law School (7)
- University of Denver (5)
- University of Miami Law School (5)
- Golden Gate University School of Law (4)
-
- University of Michigan Law School (4)
- Embry-Riddle Aeronautical University (3)
- Pepperdine University (3)
- The University of Akron (3)
- Villanova University Charles Widger School of Law (3)
- William & Mary Law School (3)
- American University Washington College of Law (2)
- Cornell University Law School (2)
- Notre Dame Law School (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- University of Georgia School of Law (2)
- University of South Carolina (2)
- Barry University School of Law (1)
- Case Western Reserve University School of Law (1)
- Duke Law (1)
- Maurice A. Deane School of Law at Hofstra University (1)
- Pace University (1)
- St. Mary's University (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Kentucky (1)
- University of New Hampshire (1)
- University of Rhode Island (1)
- Publication Year
- Publication
-
- Indiana Law Journal (7)
- Fordham Law Review (6)
- Human Rights & Human Welfare (5)
- University of Miami Law Review (5)
- Michigan Law Review (4)
-
- Golden Gate University Law Review (3)
- International Bulletin of Political Psychology (3)
- Pepperdine Law Review (3)
- Villanova Law Review (3)
- Akron Law Review (2)
- American University Journal of Gender, Social Policy & the Law (2)
- Georgia Journal of International & Comparative Law (2)
- Indiana Journal of Global Legal Studies (2)
- South Carolina Law Review (2)
- William & Mary Journal of Race, Gender, and Social Justice (2)
- Annual Survey of International & Comparative Law (1)
- Barry Law Review (1)
- Case Western Reserve Law Review (1)
- ConLawNOW (1)
- Cornell International Law Journal (1)
- Cornell Journal of Law and Public Policy (1)
- Fordham International Law Journal (1)
- Hofstra Law Review (1)
- Journal of Feminist Scholarship (1)
- Journal of Race, Gender, and Ethnicity (1)
- Kentucky Law Journal (1)
- Law and Contemporary Problems (1)
- Notre Dame Law Review (1)
- Notre Dame Law Review Reflection (1)
- Pace International Law Review (1)
Articles 1 - 30 of 71
Full-Text Articles in Law
Bostock And Textualism: A Response To Berman And Krishnamurthi, Andrew Koppelman
Bostock And Textualism: A Response To Berman And Krishnamurthi, Andrew Koppelman
Notre Dame Law Review Reflection
The Bostock Court adopted an argument I’ve been making for years, and that I pressed upon it in an amicus brief: that discrimina-tion against gay people is necessarily sex discrimination. I defended Justice Neil Gorsuch’s opinion for the Court in my article, Bostock, LGBT Discrimination, and the Subtractive Moves, which catalogues various common but unsuccessful strategies for evading the force of the sex discrimination argument. That piece, originally drafted before the Supreme Court’s decision as a critique of arguments by Court of Appeals judges, was easy to revise and update. The dissenters, Justices Samuel Alito (joined by Clarence …
1 Step Forward 2 Steps Back: The Transgender Individual Right To Access Optimal Health Care, Alexandre Rotondo-Medina
1 Step Forward 2 Steps Back: The Transgender Individual Right To Access Optimal Health Care, Alexandre Rotondo-Medina
Journal of Race, Gender, and Ethnicity
No abstract provided.
To Protect Or Not To Protect, An Empirical Approach To Predicting Where The Fourth Circuit Would Stand On Coverage For Sexual Orientation Discrimination Under Title Vii, Mary Stuart King
South Carolina Law Review
No abstract provided.
To Be Gay And African: Addressing The Gross Human Rights Violations Of Homosexuals In Cameroon And Uganda, And Legislative Remedies For Their Mistreatment, Danielle E. Makia
To Be Gay And African: Addressing The Gross Human Rights Violations Of Homosexuals In Cameroon And Uganda, And Legislative Remedies For Their Mistreatment, Danielle E. Makia
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
How To Get Away With Murder: The “Gay Panic” Defense, Omar T. Russo
How To Get Away With Murder: The “Gay Panic” Defense, Omar T. Russo
Touro Law Review
No abstract provided.
The Consideration Of Male Victims Of Sexual Violence As A Subset Of The Particular Social Group “Homosexual” In Adjudicating Asylum Claims, Christiana Desrosiers
The Consideration Of Male Victims Of Sexual Violence As A Subset Of The Particular Social Group “Homosexual” In Adjudicating Asylum Claims, Christiana Desrosiers
Pace International Law Review
This Article analyzes the difficulties African male victims of sexual violence experience when seeking asylum in homophobic host countries and the lack of attention they receive from international and national governments and organizations. It concludes by recommending that male victims of sexual violence be able to seek asylum in host countries due to lack of medical care that they receive in their countries on account of imputed homosexual status.
Immigration And Naturalization-Petition For Naturalization-Alien, A Veteran Who Served Honorably In The United States Armed Forces, And Whose Requirements For Citizenship Are Otherwise Eased, Cannot Be Denied Citizenship For Lack Of "Good Moral Character" Solely On The Basis Of His Homosexuality, Walter E. Leggett Jr
Georgia Journal of International & Comparative Law
No abstract provided.
Contemporary Soviet Criminal Law: An Analysis Of The General Principles And Major Institutions Of Post-1958 Soviet Criminal Law, Chris Osakwe
Georgia Journal of International & Comparative Law
No abstract provided.
On Marriage, Religious Freedom, Equality And Homosexuality: A Reply To Professor Huhn, George W. Dent Jr.
On Marriage, Religious Freedom, Equality And Homosexuality: A Reply To Professor Huhn, George W. Dent Jr.
ConLawNOW
As Professor Huhn says, there is much on which we agree. I concur that the Free Exercise Clause gives citizens no power to override an Equal Protection decision by the Supreme Court (his answer to his Question 1), or a decision of a state supreme court to compel legal recognition of same-sex “marriage” (SSM) (his answer to his Question 2). We part company, though, over the meaning of equality and its application to marriage.
In Re Adoption Of Charles B. - A Tough Act To Follow, Deborah M. Arik
In Re Adoption Of Charles B. - A Tough Act To Follow, Deborah M. Arik
Akron Law Review
This Note first discusses homosexuality and examines Ohio's position on adoption, child custody, and custody disputes involving homosexual parents." The Note then reviews other states' positions on homosexual adoption. The remainder of the Note analyzes the Charles B. decisions" and discusses future questions that the Court will need to answer."
Coming Out Is A Free Pass Out: Boy Scouts Of America V. Dale, N. Nicole Endejann
Coming Out Is A Free Pass Out: Boy Scouts Of America V. Dale, N. Nicole Endejann
Akron Law Review
This Note discusses the three Supreme Court cases that have delineated the battle between public accommodation laws and an organization’s freedom of expressive association: Roberts v. United States Jaycees, Board of Directors of Rotary International v. Rotary Club of Duarte, and New York State Club Association, Inc. v. City of New York. Specifically, this Note focuses on the development of the balancing test which courts use to protect these two constitutional freedoms. This Note then analyzes the Supreme Court’s decision in Boy Scouts of America v. Dale, pointing out its deviations from the Roberts Trilogy. Finally, this Note explains the …
“Doomed Social Engineering?” Ethics And Professionalism Related To Sexual Orientation: The Florida Experience, Robert W. Lee
“Doomed Social Engineering?” Ethics And Professionalism Related To Sexual Orientation: The Florida Experience, Robert W. Lee
Barry Law Review
No abstract provided.
Is Green A Part Of The Rainbow? Sharia, Homosexuality And Lgbt Rights In The Muslim World, Javaid Rehman, Eleni Polymenopoulou
Is Green A Part Of The Rainbow? Sharia, Homosexuality And Lgbt Rights In The Muslim World, Javaid Rehman, Eleni Polymenopoulou
Fordham International Law Journal
No abstract provided.
Romer V. Evans: Gay Americans Find Shelter After Stormy Legal Odyssey, Gary Alan Collis
Romer V. Evans: Gay Americans Find Shelter After Stormy Legal Odyssey, Gary Alan Collis
Pepperdine Law Review
No abstract provided.
Sex, Money, And Groups: Free Speech And Association Decisions In The October 1999 Term, Kathleen M. Sullivan
Sex, Money, And Groups: Free Speech And Association Decisions In The October 1999 Term, Kathleen M. Sullivan
Pepperdine Law Review
No abstract provided.
Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe
Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe
Pepperdine Law Review
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 …
The Rise And Fall Of Western Homohysteria, Eric Anderson
The Rise And Fall Of Western Homohysteria, Eric Anderson
Journal of Feminist Scholarship
In this essay, I draw upon my pro-feminist background to describe the formulation of the concept of homohysteria and explain its heuristic utility in conceptualizing historical shifts in heterosexual men's gendered regimes. I suggest that in times of high homohysteria, heterosexual men are compelled to align their identities and behaviors with orthodox (hypermasculine) notions of men's masculinity. This is in order to avoid homosexualization. Conversely, heterosexual men retain considerably more gendered freedom in times of low or no homohysteria. I describe this as a cultural process related to homophobia and define the term homohysteria as men's fear of being homosexualized, …
Preventing The Spread Of Aids By Restricting Sexual Conduct In Gay Bathhouses: A Constitutional Analysis, Stephen L. Collier
Preventing The Spread Of Aids By Restricting Sexual Conduct In Gay Bathhouses: A Constitutional Analysis, Stephen L. Collier
Golden Gate University Law Review
This analysis of the state's authority to limit sexual behavior in gay bathhouses will begin by examining the precedents involving the use of quarantine and nuisance statutes to control the spread of communicable diseases. A discussion of common law limitations on the use of those statutes will follow. The constitutional analysis begins with the right to privacy embodied in the United States and California Constitutions, and its relationship to gay sexual intimacy generally. The application of rational basis and strict scrutiny standards will be analyzed and arguments presented in favor of applying strict scrutiny. The state's compelling interest in stopping …
Adult Adoption: A "New" Legal Tool For Lesbians And Gay Men, Peter N. Fowler
Adult Adoption: A "New" Legal Tool For Lesbians And Gay Men, Peter N. Fowler
Golden Gate University Law Review
This Comment explores the current statutory framework for adult adoption, the parameters of the legal relationship created, and the scope of the right to privacy issues involved in the exercise of this statutory right. In addition, possible motives individuals may have for utilizing adult adoption, the need for attorneys to identify potential problem areas for their clients, and the potential disadvantages of such a legal relationship, particularly with respect to the dynamics of the individuals' relationship, are discussed.
Homophobia, "Manifest Homosexuals" And Political Activity: A New Approach To Gay Rights And The "Issue" Of Homosexuality, Douglas Warner
Homophobia, "Manifest Homosexuals" And Political Activity: A New Approach To Gay Rights And The "Issue" Of Homosexuality, Douglas Warner
Golden Gate University Law Review
This Comment will survey the popular and largely unsupportable beliefs about homosexuality, which result in the societal oppression of gay people. The law's reflection of this cultural homophobia has been instrumental in that oppression. In light of the homophobia in society and its consequences in the law, the GLSA court's approach was necessary, its results consistent with contemporary knowledge and with fundamental principles of a just society. The purpose of this Comment is to demonstrate why that is so and to speculate on the decision's implications for the gay rights movement, for gay people, and not least of all, for …
Comparative Study Of Cruel & Unusual Punishment For Engaging In Consensual Homosexual Acts (In International Conventions, The United States And Iran), Sanaz Alasti
Annual Survey of International & Comparative Law
This article undertakes a comparative study of cruel and unusual punishment for consensual homosexual acts, in the United States and Iran, based on the prohibition of these punishments in international conventions. The primary object of this paper is to establish that the criminalization of consensual homosexual acts is arbitrary and as capricious as punishing other minorities. Furthermore, criminalization contradicts the object and purpose of the Universal Declaration of Human Rights and virtually every other law concerning sexual minorities. This article is further motivated by the novelty and necessity of the topic. Surprisingly little research has been done focusing on this …
South Carolina's Sexual Conduct Law After Lawrence V. Texas, Marghretta Adeline Hagood
South Carolina's Sexual Conduct Law After Lawrence V. Texas, Marghretta Adeline Hagood
South Carolina Law Review
No abstract provided.
Dying For Love: Homosexuality In The Middle East, Heather Simmons
Dying For Love: Homosexuality In The Middle East, Heather Simmons
Human Rights & Human Welfare
Today in the United States, the most frequent references to the Middle East are concerned with the War on Terrorism. However, there is another, hidden battle being waged: the war for human rights on the basis of sexuality. Homosexuality is a crime in many of the Middle Eastern states and is punishable by death in Sudan, Saudi Arabia, Yemen, Qatar, Kuwait, and Iran (Ungar 2002). Chronic abuses and horrific incidences such as the 2009 systematic murders of hundreds of “gay” men in Iraq are seldom reported in the international media. Speculation as to why this population is hidden includes the …
“Immutability” And Stigma: Towards A More Progressive Equal Protection Rights Discourse, M. Katherine Baird Darmer
“Immutability” And Stigma: Towards A More Progressive Equal Protection Rights Discourse, M. Katherine Baird Darmer
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Trying A New Way: Barack Obama’S Tolerance Of Intolerance, Stephanie L. Phillips
Trying A New Way: Barack Obama’S Tolerance Of Intolerance, Stephanie L. Phillips
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Sexuality And Global Forces: Dr. Alfred Kinsey And The Supreme Court Of The United States (Branigin Lecture), Michael D. Kirby
Sexuality And Global Forces: Dr. Alfred Kinsey And The Supreme Court Of The United States (Branigin Lecture), Michael D. Kirby
Indiana Journal of Global Legal Studies
Branigin Lecture, presented at Indiana University on October 14,2006.
March Roundtable: Introduction
March Roundtable: Introduction
Human Rights & Human Welfare
An annotation of:
“Prisoners of Sex” by Negar Azimi. New York Times Magazine. December 3, 2006.
Human Rights And Personal Stories, David L. G. Rice
Human Rights And Personal Stories, David L. G. Rice
Human Rights & Human Welfare
Negar Azimi’s “Prisoners of Sex” is a welcome reminder that human rights discourse should always keep its subject, “humans,” firmly in view. The stories she tells of death, torture, hope, and survival bear witness to the challenges and dangers faced by gays and lesbians in Egypt.
Cultural Rage: A Severe Threat To Gay Men, Rhoda Howard-Hassmann
Cultural Rage: A Severe Threat To Gay Men, Rhoda Howard-Hassmann
Human Rights & Human Welfare
Men who have sex with men have become a world cultural flashpoint. Fomenting and exploiting cultural rage at the West is a useful way for Islamists to gain electoral and other types of support, even though the motives of the Islamists may have more to do with the drive for power, regional influence, or economic benefit.