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Full-Text Articles in Law

S11rs Sgr No. 8 (Gender), Taylor, Hill, Voss, Lockwood, Kelly, Alexander, Wedig, Vaughn, Gist, Duckett, Bourg, Soileau, Hebert, Harding, Lemoine, Simon, Caffarel Apr 2011

S11rs Sgr No. 8 (Gender), Taylor, Hill, Voss, Lockwood, Kelly, Alexander, Wedig, Vaughn, Gist, Duckett, Bourg, Soileau, Hebert, Harding, Lemoine, Simon, Caffarel

Student Senate Enrolled Legislation

No abstract provided.


Sport And Masculinity: The Promise And Limits Of Title Ix, Deborah Brake Jan 2011

Sport And Masculinity: The Promise And Limits Of Title Ix, Deborah Brake

Book Chapters

This paper uses the lens of masculinities theory to examine the connections between sport and masculinity and considers how law both reinforces and intervenes in sport’s production of masculinity. The paper urges moving beyond a "women vs. men" framework for examining gender equality in sport to include critical study of sport’s relationship to masculinities. The primary law examined in this chapter is Title IX of the Education Amendments in 1972, which is widely (and properly) credited with the explosive growth of women’s sports in the intervening decades. While Title IX has greatly expanded the range of culturally valued femininities for …


Dismembering Families, Anthony C. Infanti Jan 2011

Dismembering Families, Anthony C. Infanti

Book Chapters

In this paper, I explore how the deduction for extraordinary medical expenses, codified in I.R.C. section 213, furthers domination in American society. On its face, section 213 probably does not seem a likely candidate for being tagged as furthering domination. After all, this provision aims to alleviate extraordinary financial burdens on taxpayers who already suffer from significant medical problems -- and who, by definition, lack the help of insurance to relieve those burdens. But, as laudable as this goal might be, careful attention to the text and context of section 213 reveals that it does not apply to all taxpayers …


Employment, Sexual Orientation And Religious Beliefs: Do Religious Educational Institutions Have A Protected Right To Discriminate In The Selection And Discharge Of Employees?, Ralph D. Mawdsley Jan 2011

Employment, Sexual Orientation And Religious Beliefs: Do Religious Educational Institutions Have A Protected Right To Discriminate In The Selection And Discharge Of Employees?, Ralph D. Mawdsley

Law Faculty Articles and Essays

The life blood of religious educational institutions is their doctrinal statements and codes of conduct that set standards for employee and student life. The purpose of this paper is to examine the freedom of religious educational institutions to make employment decisions related to three homosexuality related areas: sexual orientation, same-sex sexual activity outside marriage, and same-sex marriage. At the core of the discussion is the basic question whether religious educational institutions have a protected right to enforce doctrinal statements or codes of conduct addressing one or more of these areas.

This paper will examine legal issues related to the ability …


Inside Out, Elizabeth F. Emens Jan 2011

Inside Out, Elizabeth F. Emens

Faculty Scholarship

Russell Robinson has done it again. With Masculinity as Prison: Sexual Identity, Race, and Incarceration, he has given us another provocative Article, which illuminates a phenomenon in the world and, indirectly, in ourselves. The Article represents much of what generally makes Robinson’s work so compelling. First, he writes about tremendously complex subjects and attends to their many complexities in remarkably lucid prose. Second, despite his critical perspective, he does not hesitate to make prescriptive arguments.

In this Article, he even ventures into the hallowed ground of constitutional argument, something he has not done since his first article on race-based …


A Need For Culture Change: Glbt Latinas/Os And Immigration, Berta E. Hernández-Truyol Jan 2011

A Need For Culture Change: Glbt Latinas/Os And Immigration, Berta E. Hernández-Truyol

UF Law Faculty Publications

In conversations about Latina/o immigration, such as the one that took place at LLEADS #2: The U.S. Immigration Crises: Enemies at Our Gates or Lady Liberty's Huddled Masses?, there is one issue that we tend not to address. There exists a Latina/o immigration cuento normativo (normative narrative) that obscures and denies an entire group of Latinas/os. This cuento normativo is not only insufficiently attentive to, but is downright erasing of GLBT Latinas/os. In this Article, I want to urge participation in a movement for cultural change within the various and varied comunidades Latinas (Latina/o communities) to embrace a new, inclusive …