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Full-Text Articles in Law
A Tale Of Two Responses To Lgbti Violence, Lauren Carasik
A Tale Of Two Responses To Lgbti Violence, Lauren Carasik
Media Presence
No abstract provided.
From Romer V. Evans To United States V. Windsor: Law As A Vehicle For Moral Disapproval In Amendment 2 And The Defense Of Marriage Act, Linda C. Mcclain
From Romer V. Evans To United States V. Windsor: Law As A Vehicle For Moral Disapproval In Amendment 2 And The Defense Of Marriage Act, Linda C. Mcclain
Faculty Scholarship
This article considers the intertwined fates of Romer v. Evans and the Defense of Marriage Act (DOMA), which both date back to 1996. In United States v. Windsor, Justice Kennedy, writing for the majority, struck down Section 3 of DOMA, using Romer as a template. This article reflects on Romer as it bears on the use of law as a vehicle to express morality, in particular, “moral disapproval of homosexuality” and moral approval -- and the defense and nurture -- of “traditional, heterosexual marriage.” Proponents of Amendment 2 (struck down in Romer, in an opinion written by Justice Kennedy) and …
'Baton Bullying': Understanding Multi-Aggressor Rotation In Anti-Harassment Cases, Kris Franklin
'Baton Bullying': Understanding Multi-Aggressor Rotation In Anti-Harassment Cases, Kris Franklin
Articles & Chapters
Schools are increasingly expected to intervene to prevent the sorts of bullying behavior that can interfere with education. If they do so inadequately, as a number of recent cases show, school districts may be held liable under Title IX for their “deliberate indifference” to harassment that effectively prevents the victim from receiving the benefits of public education. In popular imagination, “bullying” usually consists of one aggressor terrorizing one victim, sometimes with the assistance or tacit approval of other students. But least with respect to the many cases of students being targeted because they were, or were perceived to be, gay, …
Marriage Rights And The Good Life: A Sociological Theory Of Marriage And Constitutional Law, Ari Ezra Waldman
Marriage Rights And The Good Life: A Sociological Theory Of Marriage And Constitutional Law, Ari Ezra Waldman
Articles & Chapters
This is the first in a series of three Articles investigating the underappreciated role that the social theory of Emile Durkheim plays in the quest for the freedom to marry for gay Americans. To that end, this Article begins the discussion by examining the Durkheimian legal arguments that go unnoticed in equal protection and due process claims against marriage discrimination. This Article challenges two assumptions: first, that the most effective legal argument for marriage rights is a purely liberal one, and second, that the substance and rhetoric of liberal toleration cannot exist symbiotically in the marriage discrimination debate with a …
Us Ninth Circuit Revives Russian Gay Asylum Seeker’S Bid, Arthur S. Leonard
Us Ninth Circuit Revives Russian Gay Asylum Seeker’S Bid, Arthur S. Leonard
Other Publications
No abstract provided.
The Moonscape Of Tax Equality: Windsor And Behyond, Anthony C. Infanti
The Moonscape Of Tax Equality: Windsor And Behyond, Anthony C. Infanti
Articles
This essay takes a critical look at the tax fallout from the U.S. Supreme Court’s decision in United States v. Windsor, which declared section three of the federal Defense of Marriage Act (DOMA) unconstitutional. The essay is important because, while other federal laws will apply to some same-sex couples some of the time, the federal tax laws are a concern for all same-sex couples all of the time. The essay is timely because it addresses the recently issued IRS guidance regarding the tax treatment of same-sex couples.
In this essay, I first describe the path that led to the decision …
Year-End Spate Of Lgbt Court Rulings, Arthur S. Leonard
Year-End Spate Of Lgbt Court Rulings, Arthur S. Leonard
Other Publications
No abstract provided.