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2001

Sexuality and the Law

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Articles 1 - 30 of 69

Full-Text Articles in Law

Baker V. State And The Promise Of The New Judicial Federalism, Charles H. Baron, Lawrence Friedman Dec 2001

Baker V. State And The Promise Of The New Judicial Federalism, Charles H. Baron, Lawrence Friedman

Boston College Law School Faculty Papers

In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article ...


Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman Nov 2001

Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman

Charles H. Baron

In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article ...


Has The Supreme Court Created A Constitutional Shield For Private Discrimination Against Homosexuals - A Look At The Future Remifications Of Boy Scouts Of America V. Dale, Erica L. Stringer Sep 2001

Has The Supreme Court Created A Constitutional Shield For Private Discrimination Against Homosexuals - A Look At The Future Remifications Of Boy Scouts Of America V. Dale, Erica L. Stringer

West Virginia Law Review

No abstract provided.


Celibacy, Sexual Exclusivity, And Illicit Drug Abstinence: Giving Up The Life As Taboo In Aids Prevention, Ibpp Editor Jul 2001

Celibacy, Sexual Exclusivity, And Illicit Drug Abstinence: Giving Up The Life As Taboo In Aids Prevention, Ibpp Editor

International Bulletin of Political Psychology

This article highlights social cognitions that seem to impede cost-effective approaches to AIDS prevention.


Pride And Prejudice: The Homosexual Panic Defense, Kara S. Suffredini May 2001

Pride And Prejudice: The Homosexual Panic Defense, Kara S. Suffredini

Boston College Third World Law Journal

Gays experience a disturbing paradox in American society today: while the gay rights movement enjoys increased visibility, gay-bashing is perhaps the most common and most rapidly increasing of hate-related crimes. The Homosexual Panic Defense (HPD) is based on the homosexual panic disorder, a scientific and medical explanation of, and justification for, the behavior of defendants who murder gay individuals. However, while used to justify some of the most frequent and heinous of hate crimes, the HPD has no uniform definition across cases and bears only a tenuous connection to the psychiatric disorder that legitimizes it. This Note explores the disassociation ...


Preparing For Civil Disobedience: Indian Sex Workers And The Law, Prabha Kotiswaran May 2001

Preparing For Civil Disobedience: Indian Sex Workers And The Law, Prabha Kotiswaran

Boston College Third World Law Journal

This article deals with the reform of prostitution laws in India. It begins with an outline of the current legislative framework available in this regard and then critically evaluates the various alternatives to the framework that have been proposed through the 1990s by the Indian government, universities and research institutions, the Indian women's movement and sex-worker organizations. After undertaking an historical examination of prostitution laws in India from colonial times up to the present, the author recommends the decriminalization of prostitution with a strong emphasis on the protection of the civil rights of prostitute women as a matter of ...


Student Misconduct At Private Colleges And Universities: A Roadmap For "Fundamental Fairness" In Disciplinary Proceedings, Lisa Tenerowicz May 2001

Student Misconduct At Private Colleges And Universities: A Roadmap For "Fundamental Fairness" In Disciplinary Proceedings, Lisa Tenerowicz

Boston College Law Review

When called upon to review the disciplinary procedures of private colleges and universities, courts have struggled to find a legal theory upon which to base their reviews. Much of this struggle can be attributed to the fact that, because the relationship between a student and a university is unique, it is difficult to find an appropriate doctrinal category. This Note analyzes the methods by which courts have reviewed challenges to disciplinary proceedings in private colleges and universities. Specifically, it examines the approaches taken by courts that have reviewed private school disciplinary procedures, paying particular attention to what these courts have ...


Finding Gold In The Rainbow Rights Movement, Shayna S. Cook May 2001

Finding Gold In The Rainbow Rights Movement, Shayna S. Cook

Michigan Law Review

In her history of the past fifty years of the gay and lesbian civil rights movement, Patricia Cain recounts the litigation successes and failures that contributed to the legal status of gays and lesbians in the Untied States today. Clearly an insider who has marched with the movement every step of the way, Cain provides a comprehensive account of all fronts of the battle in state and federal courts since 1950. But while Rainbow Rights serves as a good primer on the legal challenges and the key themes uniting them, the book reads like an account of a struggle ending ...


Science Gone Astray: Evolution And Rape, Elisabeth A. Lloyd May 2001

Science Gone Astray: Evolution And Rape, Elisabeth A. Lloyd

Michigan Law Review

Throughout A Natural History of Rape, coauthors Randy Thomhill and Craig Palmer resort to what is known among philosophers of science as "The Galileo Defense," which amounts to the following claim: I am telling the Truth and doing excellent science, but because of ideology and ignorance, I am being persecuted. The authors have repeated and elaborated upon this defense during the si:lable media flurry accompanying the book's publication in February 2000. Now, history has accepted this defense from Galileo. But in order for it to work for Thornhill and Palmer, of course, they must be telling the Truth ...


A Conservative Defense Of Romer V. Evans, Dale Carpenter Apr 2001

A Conservative Defense Of Romer V. Evans, Dale Carpenter

Indiana Law Journal

No abstract provided.


Future Incorporation Of The U.N. Convention On The Rights Of Children Into The United States Education System: Case Study Of Ohio Department Of Education And Sex Education Battle, Alysson Russell Mar 2001

Future Incorporation Of The U.N. Convention On The Rights Of Children Into The United States Education System: Case Study Of Ohio Department Of Education And Sex Education Battle, Alysson Russell

Brigham Young University Education and Law Journal

No abstract provided.


Sex Is Not A Sport: Consent And Violence In Criminal Law, Cheryl Hanna Mar 2001

Sex Is Not A Sport: Consent And Violence In Criminal Law, Cheryl Hanna

Boston College Law Review

Does consent excuse violence against another? Generally, it does not. Recently, however, criminal defendants charged with violence against their sexual partners have asked courts to treat violent sex or sadomasochism (S/M) as a sport, like prize fighting and hockey. While Most courts have refused to do so, a recent New York case, People v. jovanovic, let stand a ruling that effectively permits a defendant to argue consent as a defense. This Article argues that the liberal argument treating S/M as a matter of sexual autonomy fails to account adequately for the history and practical application of the doctrine ...


Politics, Gay Rights And The Light At The End Of The Rainbow, Mary Lafrance Mar 2001

Politics, Gay Rights And The Light At The End Of The Rainbow, Mary Lafrance

Nevada Law Journal

No abstract provided.


"A Lawyer Class": Views On Marriage And "Sexual Orientation" In The Legal Profession, William C. Duncan Mar 2001

"A Lawyer Class": Views On Marriage And "Sexual Orientation" In The Legal Profession, William C. Duncan

Brigham Young University Journal of Public Law

No abstract provided.


"Simply So Different": The Uniquely Expressive Character Of The Openly Gay Individual After Boy Scouts V. Dale, Nancy J. Knauer Jan 2001

"Simply So Different": The Uniquely Expressive Character Of The Openly Gay Individual After Boy Scouts V. Dale, Nancy J. Knauer

Nancy J. Knauer

Boy Scouts v. Dale was uniformly considered a set back for gay rights. Undeniably, it was not a good result for James Dale or other openly gay individuals who would like to participate in the largest youth organization in the U.S. This Article views Boy Scouts v. Dale in a different light and suggests that the expressive character of the openly gay individual endorsed by the majority may signal an opportunity to argue for greater First Amendment protections. The majority recognized that a single avowal of homosexuality imbues the openly gay individual with a uniquely expressive character. Wherever he ...


Forcing Boys To Be Boys: The Persecution Of Gender Non-Conforming Youth, Patience W. Crozier Jan 2001

Forcing Boys To Be Boys: The Persecution Of Gender Non-Conforming Youth, Patience W. Crozier

Boston College Third World Law Journal

Christina Hoff Sommers' book, The War Against Boys: How Misguided Feminism is Harming Our Young Men, complains of an educational system bent on feminizing boys and reconceptualizing gender by erasing differences between boys and girls. In doing so, Sommers assumes that gender is exclusively binary. The experiences of gender non-conforming youth in schools and the legal system highlight a reality Sommers ignores. This Book Review explores the experience of youth who do not conform to the stereotypical male model and, in turn, suffer severe harassment and discrimination. The stories of four gender non-conforming youth elucidate how schools remain primary enforcers ...


A "Clanging Silence": Same-Sex Couples And Tort Law, John G. Culhane Jan 2001

A "Clanging Silence": Same-Sex Couples And Tort Law, John G. Culhane

Kentucky Law Journal

No abstract provided.


A Family Affair: Constitutional And Prudential Interests Implicated When Homosexuals Seek To Preserve Or Create Parent-Child Relationships, Kif Skidmore Jan 2001

A Family Affair: Constitutional And Prudential Interests Implicated When Homosexuals Seek To Preserve Or Create Parent-Child Relationships, Kif Skidmore

Kentucky Law Journal

No abstract provided.


The Children Of Homosexual Parents: The Voices The Courts Have Yet To Hear. , Eileen P. Huff Jan 2001

The Children Of Homosexual Parents: The Voices The Courts Have Yet To Hear. , Eileen P. Huff

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Vermont Civil Unions, Full Faith And Credit, And Marital Status, Lewis A. Silverman Jan 2001

Vermont Civil Unions, Full Faith And Credit, And Marital Status, Lewis A. Silverman

Kentucky Law Journal

No abstract provided.


Proportional Equality: Readings Of Romer, Nan D. Hunter Jan 2001

Proportional Equality: Readings Of Romer, Nan D. Hunter

Kentucky Law Journal

No abstract provided.


"Simply So Different": The Uniquely Expressive Character Of The Openly Gay Individual After Boy Scouts Of America V. Dale, Nancy J. Knauer Jan 2001

"Simply So Different": The Uniquely Expressive Character Of The Openly Gay Individual After Boy Scouts Of America V. Dale, Nancy J. Knauer

Kentucky Law Journal

No abstract provided.


Schwenk And The Ambiguity In Federal "Sex" Discrimination Jurisprudence: Defining Sex Discrimination Dynamically Under Title Vii, Masako Kanazawa Jan 2001

Schwenk And The Ambiguity In Federal "Sex" Discrimination Jurisprudence: Defining Sex Discrimination Dynamically Under Title Vii, Masako Kanazawa

Seattle University Law Review

This Note examines a new development in federal Title VII sex discrimination jurisprudence specifically in the context of transsexual and homosexual plaintiffs, describing the courts' gradual shift away from formalism towards a more realistic approach in this area. Part II begins by examining the anatomical sex rule established by the three major pre-Schwenk decisions categorically rejecting transsexuals' Title VII claims. This section then considers the two subsequent Supreme Court decisions, Price Waterhouse and Oncale, and the Ninth Circuit's Schwenk opinion. Part II concludes that the Schwenk court correctly read Price Waterhouse and Oncale as mandating a departure from ...


Why Do They Strike Us?, James Polchin Jan 2001

Why Do They Strike Us?, James Polchin

Center for LGBTQ Studies (CLAGS)

Over the past two years since the brutal murder of Matthew Shepard in Laramie Wyoming, the circumstances of his death have held a symbolic place in the story of violence against gay men and lesbians nationally. University of Wyoming Professor Beth Loffreda's book Losing Matt Shepard: Life and Politics in the Aftermath of Anti-Gay Murder is on the "Lambda Book Report" best-sellers list and MTV has recently premiered "Anatomy of a Hate Crime: The Matthew Shepard Story" that dramatized the events of October 6th, 1998. The telling and retelling of Shepard's murder in both academic books and popular ...


Sexists, Misogynists And The Male-Dominated Workplace: Whether Prevailing Workplace Norms Should Discredit A Hostile Work Environment In Williams V. General Motors Corp., Maresa Torregrossa Jan 2001

Sexists, Misogynists And The Male-Dominated Workplace: Whether Prevailing Workplace Norms Should Discredit A Hostile Work Environment In Williams V. General Motors Corp., Maresa Torregrossa

Villanova Law Review

No abstract provided.


Twelve Years After Price Waterhouse And Still No Success For Hopkins In Drag: The Lack Of Protection For The Male Victim Of Gender Stereotyping Under Title Vii, Stephen J. Nathans Jan 2001

Twelve Years After Price Waterhouse And Still No Success For Hopkins In Drag: The Lack Of Protection For The Male Victim Of Gender Stereotyping Under Title Vii, Stephen J. Nathans

Villanova Law Review

No abstract provided.


Brief For The Plaintiff-Appellant Lucas Rosa In The United States Court Of Appeals For The First Circuit Lucas Rosa V. Park West Bank And Trust Company On Appeal From The United States District Court For The District Of Massachusetts, Jennifer L. Levi, Mary L. Bonauto Jan 2001

Brief For The Plaintiff-Appellant Lucas Rosa In The United States Court Of Appeals For The First Circuit Lucas Rosa V. Park West Bank And Trust Company On Appeal From The United States District Court For The District Of Massachusetts, Jennifer L. Levi, Mary L. Bonauto

Michigan Journal of Gender & Law

The District Court fundamentally misconceived the law as applicable to the Plaintiffs claim by concluding that there may be no relationship, as a matter of law, between telling a bank customer what to wear and sex discrimination. It also misapplied Rule 12(b)(6) to the extent that it resolved any factual questions beyond the allegations of the Complaint regarding the basis of the Bank's different treatment of the Plaintiff. Finally, because the District Court incorrectly dismissed the single federal claim in Plaintiffs Complaint, it improperly dismissed Plaintiffs pendant state claims for want of federal court jurisdiction.


Law, Self-Pollution, And The Management Of Social Anxiety, Geoffrey P. Miller Jan 2001

Law, Self-Pollution, And The Management Of Social Anxiety, Geoffrey P. Miller

Michigan Journal of Gender & Law

This article considers the anxieties about masturbation and spermatorrhoea from the standpoint of cultural-legal analysis. Seen from this perspective, the worries about masturbation provided an object onto which social anxieties could be displaced and thereby managed. Norm entrepreneurs who played on public fears manipulated basic cultural polarities in order to present masturbation and spermatorrhoea as objects of horror and disgust-things that needed to be expelled, if possible, from the body social.


From Outlaws To In-Laws: Issues Surrounding The Evolving Legal Status Of Lesbian And Gay Individuals, Christopher S. Hargis Jan 2001

From Outlaws To In-Laws: Issues Surrounding The Evolving Legal Status Of Lesbian And Gay Individuals, Christopher S. Hargis

Kentucky Law Journal

No abstract provided.


Procedural Rules Or Procedural Pretexts?: A Case Study Of Procedural Hurdles In Constitutional Challenges To The Texas Sodomy Law, Christopher R. Leslie Jan 2001

Procedural Rules Or Procedural Pretexts?: A Case Study Of Procedural Hurdles In Constitutional Challenges To The Texas Sodomy Law, Christopher R. Leslie

Kentucky Law Journal

No abstract provided.