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Articles 1 - 4 of 4

Full-Text Articles in Law

The Dignity Of Equality Legislation, Olatunde C.A. Johnson Jan 2013

The Dignity Of Equality Legislation, Olatunde C.A. Johnson

Faculty Scholarship

In Congressional Power to Effect Sex Equality, Patricia Seith argues that legal and social science commentary on the ratification failure of the Equal Rights Amendment ("ERA") does not properly account for the legislative gains achieved by the Economic Equity Act ("Equity Act"). In drawing attention to the Equity Act, Seith's account challenges common explanations of the source of women's equality gains, particularly the narratives offered by legal commentators who typically focus on the role of the Constitution and the courts. As Seith points out, the conventional account in legal history focuses on the effectuation of a "de facto ...


Article Iii Double-Dipping: Proposition 8'S Proponents, Blag, And The Government's Interest, Suzanne B. Goldberg Jan 2013

Article Iii Double-Dipping: Proposition 8'S Proponents, Blag, And The Government's Interest, Suzanne B. Goldberg

Faculty Scholarship

Two fundamental standing problems plague Proposition 8’s proponents and the Bipartisan Legal Advisory Group (BLAG) in the marriage cases currently before the U.S. Supreme Court. First is the Article III double-dipping problem, to which this Essay’s title refers. This problem arises because those parties purport to derive their Article III standing by asserting the governments’ interest in defending the challenged marriage laws. Yet the governments in both cases, via their chief legal officers, have taken the position that excluding same-sex couples from marriage is unconstitutional. To permit this Janus-faced commitment to both sides of the cases would ...


Compulsory Sexuality, Elizabeth F. Emens Jan 2013

Compulsory Sexuality, Elizabeth F. Emens

Faculty Scholarship

Asexuality is an emerging identity category that challenges the common assumption that everyone is defined by some type of sexual attraction. Asexuals — those who report feeling no sexual attraction to others — constitute one percent of the population, according to one prominent study. In recent years, some individuals have begun to identify as asexual and to connect around their experiences interacting with a sexual society. Asexuality has also become a protected classification under the antidiscrimination law of one state and several localities, but legal scholarship has thus far neglected the subject. This Article introduces asexuality to the legal literature as a ...


Taking A Break From Acrimony: The Feminist Method Of Ann Scales, Katherine M. Franke Jan 2013

Taking A Break From Acrimony: The Feminist Method Of Ann Scales, Katherine M. Franke

Faculty Scholarship

In this Essay, written as part of a symposium honoring the work of Professor Ann Scales, Professor Katherine Franke explores how Professor Scales may have approached the cutting edge problem of same-sex couples divorcing. Professor Scales's work evidenced a deep commitment to the twin projects of recognizing structural gender disadvantage suffered by women and the tyranny of gender stereotypes. This Essay speculates that Professor Scales's feminist commitments would be unsettled by the application to divorcing same-sex couples of rules and norms of divorce forged in the heterosexual context where gender inequality set the parameters of justice. Indeed, Franke ...