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Full-Text Articles in Law
Civil Rights Reform And The Body, Tobias Barrington Wolff
Civil Rights Reform And The Body, Tobias Barrington Wolff
All Faculty Scholarship
Discrimination on the basis of gender identity or expression has emerged as a major focus of civil rights reform. Opponents of these reforms have structured their opposition around one dominant image: the bathroom. With striking consistency, opponents have invoked anxiety over the bathroom -- who uses bathrooms, what happens in bathrooms, and what traumas one might experience while occupying a bathroom -- as the reason to permit discrimination in the workplace, housing, and places of public accommodation. This rhetoric of the bathroom in the debate over gender-identity protections seeks to exploit an underlying anxiety that has played a role in …
Collegiality And Individual Dignity, Tobias Barrington Wolff
Collegiality And Individual Dignity, Tobias Barrington Wolff
All Faculty Scholarship
This Essay identifies and describes the tension between the norms of collegiality and basic principles of individual dignity that LGBT scholars and lawyers encounter when confronted with the dehumanizing arguments that are regularly advanced by opponents of equal treatment under law for lesbian, gay, bisexual and transgender people. It is a transcript of remarks delivered at a March 2012 symposium on the Defense of Marriage Act at Fordham Law School, with minimal edits for publication.
The Dangers Of Reform: Normal Life: Administrative Violence, Critical Trans Politics, And The Limits Of Law, Jennifer L. Levi, Giovanna Shay
The Dangers Of Reform: Normal Life: Administrative Violence, Critical Trans Politics, And The Limits Of Law, Jennifer L. Levi, Giovanna Shay
Faculty Scholarship
Professors Jennifer Levi and Giovanna Shay review Dean Spade's new book "Normal Life: Administrative Violence, Critical Trans Politics, and the Limits of Law." They argue that Professor Spade's theoretical approach, which he describes as "critical trans politics," is most useful when employed to analyze issues relating to criminal punishment and mass incarceration, and that it is less appropriate as a critique of the marriage equality movement. Despite some areas of disagreement with Professor Spade, the Authors conclude that the book makes an important contribution.
Including Transgender Athletes In Sex-Segregated Sport, Erin E. Buzuvis
Including Transgender Athletes In Sex-Segregated Sport, Erin E. Buzuvis
Faculty Scholarship
The Author focuses her chapter on the varying degrees of trans inclusive policies found across the sport spectrum. Presently, private and public policy addressing participation by transgender athletes can be described on a spectrum of least to most inclusive. The Author’s chapter describes and evaluates different ways in which athletic associations and sport organizers are trying to accommodate transgender athletes into single-sex athletic teams. It ends with recommendations for advocacy to promote the inclusion of transgender athletes across all sports.
Lgbt Taxpayers: A Collision Of 'Others', Anthony C. Infanti
Lgbt Taxpayers: A Collision Of 'Others', Anthony C. Infanti
Articles
In this essay prepared for a symposium on the intersection of tax law with gender and sexuality, I explore the violent collision of these two concepts - or, more appropriately, these two “others.” I begin my exploration of this collision of “others” by first explaining how the lesbian, gay, bisexual, and transgender (LGBT) community is a marginalized “other” in American society while, in contrast, tax is a privileged “other” in the realm of American law. Then, I turn to a close examination of a recent case, O’Donnabhain v. Commissioner, to illustrate the collision of the otherness of LGBT individuals with …