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Of Courts And Closets: A Doctrinal And Empirical Analysis Of Lesbian And Gay Identity In The Courts, Todd Brower
Of Courts And Closets: A Doctrinal And Empirical Analysis Of Lesbian And Gay Identity In The Courts, Todd Brower
San Diego Law Review
The decision4 to acknowledge one's sexual orientation-to "come out'5 in common parlance-exposes gay people to a variety of responses from acceptance, to ridicule,6 to loss of contracts or other means to earn a living, to termination of employment or other benefits.8 Nevertheless, it is an essential step toward lesbian and gay persons' full and equal participation in American society. Legal rules can help or hinder this process; current doctrine, unfortunately, does both.
“God Told Me To Kill”: Religion Or Delusion?, Grant M. Morris, Ansar Haroun
“God Told Me To Kill”: Religion Or Delusion?, Grant M. Morris, Ansar Haroun
San Diego Law Review
This Article explores how, in assessing the motivation of those who kill because they believe they were directed by God to do so, society distinguishes religious-based decisions from delusional decisions that result from mental disorder. Part II discusses how religion is defined in our society, and Part III considers the extent to which religious conduct, as opposed to religious belief, is protected from governmental intrusion.
Sex Changes And “Opposite-Sex” Marriage: Applying The Full Faith And Credit Clause To Compel Interstate Recognition Of Transgendered Persons’ Amended Legal Sex For Marital Purposes
San Diego Law Review
This Comment argues that, in most cases, states are constitutionally bound to give full faith and credit to laws and judgments rendered in
sister states, including those that result in changes of the sex designated on birth certificates. The sex designated on the birth certificate controls gender identity for all legal purposes of the individual named therein. Therefore, unless a forum state demonstrates that allowing transsexuals and intersexuals to marry in their legal gender is contrary to an important state interest, that state must recognize “opposite-sex” marriages involving transsexuals and intersexuals.
Foreword: Is Reliance Still Dead?, Randy E. Barnett
Foreword: Is Reliance Still Dead?, Randy E. Barnett
San Diego Law Review
In 1996, I published an article entitled The Death of Reliance; based on a talk I gave at the annual meeting of the Association of American Law Schools on recent trends in legal scholarship. In it I claimed there then existed a "new consensus" that a "reliance theory" did not explain the doctrine of promissory estoppel.What exactly a ''reliance theory" is has never been made clear by those who seemed to advocate it-apart from their insistence that, just as tort law rectified the harm caused by physical misconduct, the purpose of contract law was to rectify detrimental reliance caused by …