Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Sexuality and the Law (79)
- Family Law (71)
- Civil Rights and Discrimination (48)
- Constitutional Law (35)
- Law and Society (18)
-
- International Law (16)
- Law and Gender (15)
- Religion Law (9)
- Supreme Court of the United States (9)
- Arts and Humanities (8)
- Fourteenth Amendment (8)
- First Amendment (7)
- Law and Politics (6)
- State and Local Government Law (6)
- Courts (5)
- Feminist, Gender, and Sexuality Studies (5)
- Legislation (5)
- Lesbian, Gay, Bisexual, and Transgender Studies (5)
- Religion (5)
- Social and Behavioral Sciences (5)
- Human Rights Law (4)
- Litigation (4)
- Sociology (4)
- Tax Law (4)
- Taxation-Federal (4)
- Comparative and Foreign Law (3)
- Gender and Sexuality (3)
- Indigenous, Indian, and Aboriginal Law (3)
- Judges (3)
- Institution
-
- University of Michigan Law School (29)
- American University Washington College of Law (22)
- Chicago-Kent College of Law (11)
- Duke Law (11)
- Cornell University Law School (7)
-
- Maurer School of Law: Indiana University (7)
- Fordham Law School (6)
- Maurice A. Deane School of Law at Hofstra University (6)
- The University of Akron (6)
- Louisiana State University Law Center (5)
- Pepperdine University (5)
- Touro University Jacob D. Fuchsberg Law Center (5)
- University of Maryland Francis King Carey School of Law (5)
- University of Miami Law School (5)
- Washington and Lee University School of Law (5)
- West Virginia University (4)
- Chapman University (3)
- Golden Gate University School of Law (3)
- Mitchell Hamline School of Law (3)
- St. Mary's University (3)
- Brigham Young University (2)
- Cleveland State University (2)
- Florida State University College of Law (2)
- Santa Clara Law (2)
- University of Kentucky (2)
- University of Oklahoma College of Law (2)
- Villanova University Charles Widger School of Law (2)
- Barry University School of Law (1)
- Campbell University School of Law (1)
- Case Western Reserve University School of Law (1)
- Publication Year
- Publication
-
- American University Journal of Gender, Social Policy & the Law (18)
- Michigan Journal of Gender & Law (15)
- Chicago-Kent Law Review (9)
- Michigan Law Review (8)
- Indiana Law Journal (7)
-
- Fordham Law Review (6)
- ConLawNOW (5)
- Duke Journal of Gender Law & Policy (4)
- Hofstra Law Review (4)
- Touro Law Review (4)
- University of Maryland Law Journal of Race, Religion, Gender and Class (4)
- University of Miami Law Review (4)
- West Virginia Law Review (4)
- Alaska Law Review (3)
- Cornell International Law Journal (3)
- Cornell Journal of Law and Public Policy (3)
- Golden Gate University Law Review (3)
- Louisiana Law Review (3)
- Michigan Law Review First Impressions (3)
- Pepperdine Law Review (3)
- Washington and Lee Law Review (3)
- e-Research: A Journal of Undergraduate Work (3)
- Brigham Young University Prelaw Review (2)
- Cleveland State Law Review (2)
- Duke Law Journal (2)
- Florida State University Law Review (2)
- Journal of Civil Law Studies (2)
- Journal of the National Association of Administrative Law Judiciary (2)
- Kentucky Law Journal (2)
- Santa Clara Law Review (2)
Articles 61 - 90 of 187
Full-Text Articles in Law
Introduction: Invited Essays On The Implications Of Windsor And Perry
Introduction: Invited Essays On The Implications Of Windsor And Perry
Indiana Law Journal
No abstract provided.
Leveling Up After Doma, Deborah A. Widiss
Leveling Up After Doma, Deborah A. Widiss
Indiana Law Journal
Essays on the Implication of Windsor and Perry
Same-Sex Divorce In The United States: Protecting The Interests Of The Children, Joan Catherine Bohl
Same-Sex Divorce In The United States: Protecting The Interests Of The Children, Joan Catherine Bohl
University of Miami Race & Social Justice Law Review
In light of recent political, legal, and legislative developments, the status of same-sex couples across the United States has become increasingly complex. This article focuses on the issue of same-sex divorce in a mobile society. When a same-sex couple moves from a state recognizing same-sex marriage—or from Canada—to a state that does not expressly recognize same-sex marriage, dissolution of that marriage can become a byzantine problem much more complex than a state’s “official” position on same-sex marriage. Relevant factors can range from the state’s legislative and executive pronouncements affecting homosexual citizens in areas such as pension benefits and health plans …
The Question Of Constitutionality: How Separate Are The Powers? The Administrative And Social Ramifications Of Lockyer V. City And County Of San Francisco, Kristin Ecklund
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Explaining The Progression Of The Rights Of Same-Sex Couples In South America, Daniel De La Cruz
Explaining The Progression Of The Rights Of Same-Sex Couples In South America, Daniel De La Cruz
San Diego International Law Journal
A trend of rights advocacy has recently developed in the international community. Organizations dedicated to the principle of advancing the rights of historically under-represented and oppressed social groups have proliferated around the globe. The growth of the gay rights movement in recent years has resulted in the expansion of civil liberties afforded to same-sex couples. The movement has gained significant success in symbolic expression. Even without much knowledge of the movement, one typically associates a rainbow flag, the Greek letter lambda, and the word “pride” with the effort. Unfortunately, the movement has not achieved comparable substantive success. Same-sex couples continue …
Outing The Majority: Gay Rights, Public Debate, And Polarization After Doe V. Reed, Marc Allen
Outing The Majority: Gay Rights, Public Debate, And Polarization After Doe V. Reed, Marc Allen
Michigan Journal of Gender & Law
In 2010, the United States Supreme Court ruled in Doe v. Reed that Washington citizens who signed a petition to eliminate legal rights for LGBT couples did not have a right to keep their names secret. A year later, in ProtectMarriage.com v. Bowen, a district court in California partially relied on Reed to reject a similar request from groups who lobbied for California Proposition 8-a constitutional amendment that overturned the California Supreme Court's landmark 2008 gay marriage decision. These holdings are important to election law, feminist, and first amendment scholars for a number of reasons. First, they flip the traditional …
Divorcing The Defense Of Marriage Act: Judicial Tensions In Upholding The Legislated Preclusion Of Federal Same-Sex Marital Rights, Linda L. Barkacs, Sherry S. Tehrani, Craig B. Barkacs
Divorcing The Defense Of Marriage Act: Judicial Tensions In Upholding The Legislated Preclusion Of Federal Same-Sex Marital Rights, Linda L. Barkacs, Sherry S. Tehrani, Craig B. Barkacs
Labor & Employment Law Forum
No abstract provided.
Walking The Executive Speech Tightrope: From Starbucks To Chick-Fil-A, Loren F. Selznick
Walking The Executive Speech Tightrope: From Starbucks To Chick-Fil-A, Loren F. Selznick
Oklahoma Law Review
No abstract provided.
Family Law's Challenge To Religious Liberty, Raymond C. O'Brien
Family Law's Challenge To Religious Liberty, Raymond C. O'Brien
University of Arkansas at Little Rock Law Review
Over time, the definition of family has shifted from being premised upon kinship to legal status. In modern times, family structure is based more upon function than form, seeking to derive its status as a family from the subjective intent of its members to act as a family. Many early settlers in the colonial territories came to America to escape religious persecution and practice their own religion.
For that reason, biblical language and religious doctrine formed the basis for common law, statutes, and practice. Today, there remains the notion among many Americans that the law represents a divine plan and …
The Reactionary Road To Free Love: How Doma, State Marriage Amendments, And Social Conservatives Undermine Traditional Marriage, Scott Titshaw
The Reactionary Road To Free Love: How Doma, State Marriage Amendments, And Social Conservatives Undermine Traditional Marriage, Scott Titshaw
West Virginia Law Review
No abstract provided.
Homosexuals, Equal Protection, And The Guarantee Of Fundamental Rights In The New Decade: An Optimist’S Quasi-Suspect View Of Recent Events And Their Impact On Heightened Scrutiny For Sexual Orientation-Based Discrimination, John Nicodemo
Touro Law Review
No abstract provided.
The Constitutional Right To (Keep Your) Same-Sex Marriage, Steve Sanders
The Constitutional Right To (Keep Your) Same-Sex Marriage, Steve Sanders
Michigan Law Review
Same-sex marriage is now legal in six states, and tens of thousands of same-sex couples have already gotten married. Yet the vast majority of other states have adopted statutes or constitutional amendments banning same-sex marriage. These mini-defense of marriage acts not only forbid the creation of same-sex marriages; they also purport to void or deny recognition to the perfectly valid same-sex marriages of couples who migrate from states where such marriages are legal. These nonrecognition laws effectively transform the marital parties into legal strangers, causing significant harms: property rights are potentially altered, spouses disinherited, children put at risk, and financial, …
National Report: Uruguay , Walter Howard
National Report: Uruguay , Walter Howard
American University Journal of Gender, Social Policy & the Law
No abstract provided.
National Report: Turkey, Başak Başoğlu, Candan Yasan
National Report: Turkey, Başak Başoğlu, Candan Yasan
American University Journal of Gender, Social Policy & the Law
No abstract provided.
National Report: Switzerland, Annelot Peters
National Report: Switzerland, Annelot Peters
American University Journal of Gender, Social Policy & the Law
No abstract provided.
National Report: Japan, Teiko Tamaki
National Report: Japan, Teiko Tamaki
American University Journal of Gender, Social Policy & the Law
No abstract provided.
National Report: Ireland, Aisling Parkes
National Report: Ireland, Aisling Parkes
American University Journal of Gender, Social Policy & the Law
No abstract provided.
National Report: Italy, Virginia Zambrano
National Report: Italy, Virginia Zambrano
American University Journal of Gender, Social Policy & the Law
No abstract provided.
National Report: Hungary, Zsolt Körtvélyesi, András L. Pap
National Report: Hungary, Zsolt Körtvélyesi, András L. Pap
American University Journal of Gender, Social Policy & the Law
No abstract provided.
National Report: Germany, Jens M. Scherpe
National Report: Germany, Jens M. Scherpe
American University Journal of Gender, Social Policy & the Law
No abstract provided.
National Report: France, Hugues Fulchiron
National Report: France, Hugues Fulchiron
American University Journal of Gender, Social Policy & the Law
No abstract provided.
National Report: Denmark, Christina G. Jeppesen De Boer, Annette Kronborg
National Report: Denmark, Christina G. Jeppesen De Boer, Annette Kronborg
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.
Exposing The Traditional Marriage Agenda, Jessica Feinberg
Exposing The Traditional Marriage Agenda, Jessica Feinberg
Northwestern Journal of Law & Social Policy
The success of a social justice movement, especially with regard to issues upon which the public will be voting, depends in significant part on how the issues are defined or framed. Anti-same-sex marriage campaigns frequently urge voters to vote in favor of laws defining marriage as between a man and a woman in order to “protect traditional marriage.” Instead of framing the issue as a question of whether individuals of the same sex should be banned from marrying, anti-same-sex marriage campaigns often frame the issue as a question of whether traditional marriage should be protected from redefinition. This strategy has …
Creating The Perfect Case: The Constitutionality Of Retroactive Application Of The Domestic Partner Rights And Responsibilities Act Of 2003, Ryan M. Deam
Pepperdine Law Review
No abstract provided.
Equal Protection, Same-Sex Marriage, And Classifying On The Basis Of Sex, Mark Strasser
Equal Protection, Same-Sex Marriage, And Classifying On The Basis Of Sex, Mark Strasser
Pepperdine Law Review
This article reviews several state court analyses of whether same-sex marriage bans violate the equal protection guarantees afforded by the respective state constitutions. The article discusses the lack of uniformity not only with respect to the result but with respect to the kind of classification that is implicated in such bans. The article concludes that unless the Supreme Court corrects some of the misunderstandings regarding the proper application of equal protection guarantees, that jurisprudence will either become even more confused or, perhaps, will coalesce around a doctrine that has been rejected for almost half a century.
Marriage In California: Is The Federal Lawsuit Against Proposition 8 About Applying The Fourteenth Amendment Or Preserving Federalism? , Charles M. Cannizzaro
Marriage In California: Is The Federal Lawsuit Against Proposition 8 About Applying The Fourteenth Amendment Or Preserving Federalism? , Charles M. Cannizzaro
Pepperdine Law Review
No abstract provided.
I Do. Is That Okay With You?: A Look At How Most States Are Circumventing The Full Faith And Credit Clause And Equal Protection Clause To Not Recognize Legal Same-Sex Marriages From Other States And Its Effect On Society, Rebecca Hameroff
Florida A & M University Law Review
Due to statutes, bans, and the Federal Defense of Marriage Act, states do not have to recognize legal same-sex marriages from sister states that recognize same-sex marriage. This paper examines the denial of the fundamental right to marriage for same-sex couples, the violation of the Full Faith and Credit Clause of Article IV, Section 1 of the United States Constitution and Equal Protection Clause of the Fourteenth Amendment of the United States Constitution by not recognizing same-sex marriages legally performed in other states. It starts by looking at the impact these practices have on same-sex couples and the toll it …
Note: "Standing" In The Way Of Equality? The Myth Of Proponent Standing And The Jurisdictional Error In Perry V. Brown, Andrew Kim
American University Law Review
No abstract provided.
The Politicization Of Judicial Elections And Its Effect On Judicial Independence, Matthew W. Green Jr., Susan J. Becker, Marsha K. Ternus, Camilla B. Taylor
The Politicization Of Judicial Elections And Its Effect On Judicial Independence, Matthew W. Green Jr., Susan J. Becker, Marsha K. Ternus, Camilla B. Taylor
Cleveland State Law Review
This article presents the proceedings of the Cleveland-Marshall College of Law Symposium, The Politicization of Judicial Elections and Its Effect on Judicial Independence and LGBT Rights, held October 21, 2011. The idea for the conference stemmed from the November 2010 Iowa judicial election, in which three justices were voted out of office as a result of joining a unanimous ruling, Varnum v. Brien, that struck down, on equal protection grounds, a state statute limiting marriage rights to heterosexual couples. The conference addresses whether the backlash that occurred in Iowa after the Varnum decision might undermine judicial independence in jurisdictions where …