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Articles 1 - 7 of 7
Full-Text Articles in Law
Intercountry Adoption Under The Hague Convention: Still An Attractive Option For Homosexuals Seeking To Adopt?, Lisa Hillis
Intercountry Adoption Under The Hague Convention: Still An Attractive Option For Homosexuals Seeking To Adopt?, Lisa Hillis
Indiana Journal of Global Legal Studies
No abstract provided.
Coming Out: Decision-Making In State And Federal Sodomy Cases, Susan Ayres
Coming Out: Decision-Making In State And Federal Sodomy Cases, Susan Ayres
Faculty Scholarship
In 1791, American states were enacting laws against sodomy at the same time they ratified the Bill of Rights, the first ten constitutional amendments meant to safeguard fundamental rights of individuals in a free society. In a March 1789 letter to James Madison, Thomas Jefferson asserted that a bill of rights was necessary to give the judiciary the power to protect such individual rights. Ironically, that which the judiciary gives, it may also take away, since "[t]he legislator is a writer. And the judge a reader."
This Article deconstructs recent sodomy cases in order to challenge judicial adoption or reinscription …
Domestic Partnership And Same-Sex Relationships: A Marketplace Innovation And A Less Than Perfect Institutional Choice, Nancy J. Knauer
Domestic Partnership And Same-Sex Relationships: A Marketplace Innovation And A Less Than Perfect Institutional Choice, Nancy J. Knauer
Nancy J. Knauer
The struggle for the recognition and protection of same-sex relationships is at the forefront of the contemporary gay and lesbian civil rights agenda. Whereas the push for same-sex marriage and parenting rights has met with mixed results in the courts and the legislatures, an impressive array of organizations, including Fortune 500 companies, colleges, nonprofit corporations, and municipalities, now extend benefits to the same-sex partners of their employees. This level of success raises a provocative question regarding the potential role of institutional employers in the larger on the agenda for progressive social change. Domestic partnership benefits are a creature of the …
If Not Marriage? On Securing Gay And Lesbian Family Values By A "Simulacrum Of Marriage", Craig W. Christensen
If Not Marriage? On Securing Gay And Lesbian Family Values By A "Simulacrum Of Marriage", Craig W. Christensen
Fordham Law Review
The benefits of [homosexual] marriage may outweigh the costs. Nonetheless, since the public hostility to homosexuals in this country is too widespread to make homosexual marriage a feasible proposal even if it is on balance cost-justified, maybe the focus should be shifted to an intermediated solution that would give gomosexuals most of what they want . . . . . . . What . . . is called registered partnership and . . . homosexual cohabitation [in some countries] is in effect a form contract that comosexuals can use to create a simulacrum of marriage. Richard A. Posner, Sex and …
First Amendment Protection Of Homosexual Conduct, J.F. Jr. Walsh
First Amendment Protection Of Homosexual Conduct, J.F. Jr. Walsh
Case Western Reserve Law Review
No abstract provided.
Deliberative Democracy, Overlapping Consensus, And Same-Sex Marriage, Linda C. Mcclain
Deliberative Democracy, Overlapping Consensus, And Same-Sex Marriage, Linda C. Mcclain
Fordham Law Review
No abstract provided.
Life Before The Modern Sex Offender Statutes , Deborah W. Denno
Life Before The Modern Sex Offender Statutes , Deborah W. Denno
Faculty Scholarship
This Article examines the social and legal developments that fueled the origins and recurring problems of sex offender laws. Part I of this Article discusses the primary precursors of the sexual psychopath statutes that encouraged the public's and politicians' acceptance of the concept of sexual psychopathy: the increasing sexualization of American society, changes in gender roles and relations, the valuation of children and the family unit, and the influx of psychiatry. Part II describes how the diagnosis of sexual psychopathy slowly developed as a result of the criminal justice system's growing tendency to explain criminal behavior in psychoanalytic terms. Part …