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Articles 1 - 21 of 21
Full-Text Articles in Law
Lawrence V. Texas: An Historic Human Rights Victory, Donald E. Wilkes Jr.
Lawrence V. Texas: An Historic Human Rights Victory, Donald E. Wilkes Jr.
Popular Media
The Lawrence decision is one of the most momentous pro-individual rights decisions ever adjudicated by the Court, and joins the exalted ranks of the Court's other benchmark decisions advancing human rights, including Brown v. Board of Education (the 1964 school desegregation decision), Roe v. Wade (the 1973 abortion rights decision), and West Virginia Board of Education v. Barnette (the 1943 decision upholding the right of Jehovah's Witnesses schoolchildren to refuse to salute the flag).
The Supreme Court's Labor And Employment Decisions: 2002-2003 Term, Maria O'Brien
The Supreme Court's Labor And Employment Decisions: 2002-2003 Term, Maria O'Brien
Faculty Scholarship
This article summarizes U.S. Supreme Court cases from the October 2002 term that related directly or indirectly to labor or employment law or have implications for labor and employment practitioners. Of particular interest are the University of Michigan affirmative action cases' and the Texas criminal sodomy case. 2 Although not nominally "labor and employment" cases, these cases will profoundly affect labor and employment issues. Lawrence v. Texas has already altered the lenses through which society views homosexuality and altered public discourse related to homosexuality and same-sex relationships. 3 The reasoning of the Court shows how far issues of sexuality have …
The Effect Of Abortion Legalization On Sexual Behavior: Evidence From Sexually Transmitted Diseases, Jonathan Klick, Thomas Stratmann
The Effect Of Abortion Legalization On Sexual Behavior: Evidence From Sexually Transmitted Diseases, Jonathan Klick, Thomas Stratmann
All Faculty Scholarship
Unwanted pregnancy represents a major cost of sexual activity. When abortion was legalized in a number of states in 1969 and 1970 (and nationally in 1973), this cost was reduced. We predict that abortion legalization generated incentives leading to an increase in sexual activity, accompanied by an increase in sexually transmitted diseases (STDs). Using Centers for Disease Control data on the incidence of gonorrhea and syphilis by state, we test the hypothesis that abortion legalization led to an increase in sexually transmitted diseases. We find that gonorrhea and syphilis incidences are significantly and positively correlated with abortion legalization. Further, we …
The Domain Of Reflexive Law, Michael C. Dorf
The Domain Of Reflexive Law, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
Brief Of The National Lesbian And Gay Law Association Et Al. As Amici Curiae In Support Of Petitioners, Lawrence, Et Al. V. Texas, No. 02-102 (U.S. Jan. 16, 2003), Chai R. Feldblum
Brief Of The National Lesbian And Gay Law Association Et Al. As Amici Curiae In Support Of Petitioners, Lawrence, Et Al. V. Texas, No. 02-102 (U.S. Jan. 16, 2003), Chai R. Feldblum
U.S. Supreme Court Briefs
No abstract provided.
Not Whistlin' Dixie: Now, More Than Ever, We Need Feminist Law Journals, Carlin Meyer
Not Whistlin' Dixie: Now, More Than Ever, We Need Feminist Law Journals, Carlin Meyer
Articles & Chapters
No abstract provided.
A Prescription For Gender: How Medical Professionals Can Help Secure Equality For Transgender People, Jennifer L. Levi
A Prescription For Gender: How Medical Professionals Can Help Secure Equality For Transgender People, Jennifer L. Levi
Faculty Scholarship
Transgender people have made tremendous legal gains in the last several years. We live in a period of rapid social change, hopefully approaching a time when transgender individuals and our families enjoy the same legal rights and privileges afforded to other members of society. However, we are not there yet. This essay discusses the role medical professionals must play if transgender people are to achieve full humanity in light of legal developments in the areas of employment and family law. Medical professionals are at the heart of directing and implementing policies that have an enormous effect on the lives of …
Transgender Jurisprudence: Dysphoric Bodies Of Law, Jennifer L. Levi
Transgender Jurisprudence: Dysphoric Bodies Of Law, Jennifer L. Levi
Faculty Scholarship
This is a book review of Andrew Sharpe's "Transgender Jurisprudence: Dysphoric Bodies of Law." The Author discusses the contribution Sharpe makes to the transgender rights movement as invaluable for two reasons. First, it provides the first in-depth and full-length comprehensive treatment of the topic of transgender jurisprudence, and emerges as the foundational work by which others will be measured. Second, it exposes the homophobia underlying many of the key decisions, particularly in the area of marriage and family law, and provides an important link between the lesbian, gay, bisexual, and transgender movements which should not be ignored by activists from …
Protecting Transgender Families: Strategies For Advocates, Taylor Flynn
Protecting Transgender Families: Strategies For Advocates, Taylor Flynn
Faculty Scholarship
For a transgender (trans) man or woman, what begins as the dissolution of a relationship may be transformed into a public nightmare in which the individual is forced to defend the authenticity of his or her gender in the face of relentless, brutal, and humiliating questions about the most intimate details of personal anatomy and sexual practices. This Article discusses this reality in the case of Michael Kantaras, a transsexual man in Clearwater, Florida in 2002.
Protections For Transgender Employees, Jennifer Levi
Protections For Transgender Employees, Jennifer Levi
Faculty Scholarship
This Article discusses protections for transgender employee rights and how many transgender employees routinely face demotions, unfavorable conditions of employment, and even discriminatory terminations--due not to job-related problems but to employers' discomfort with and animus against transgender people. The Author points out that although courts historically have found transgender people excluded from coverage under certain laws, developing case law supports the arguments of transgender employees who face workplace discrimination.
Protecting Transgender Families: Strategies For Advocates, Taylor Flynn
Protecting Transgender Families: Strategies For Advocates, Taylor Flynn
Media Presence
This Article discusses the difficulties involving divorce for married transgender women and men in the United States. For a transgender (trans) man or woman, what begins as the dissolution of a relationship may be transformed into a public nightmare in which the individual is forced to defend the authenticity of his or her gender in the face of relentless, brutal, and humiliating questions about the most intimate details of personal anatomy and sexual practices.
The Author suggest that the courts should point to the medical standards of care, which conclude that sex is determined by gender identity: the court then …
Protections For Transgender Employees, Jennifer L. Levi
Protections For Transgender Employees, Jennifer L. Levi
Media Presence
Many transgender employees routinely face demotions, unfavorable conditions of employment, and even discriminatory terminations--due not to job-related problems but to employers' discomfort with and animus against transgender people. Lawyers may look to several sources of law in order to redress the rights of transgender clients who face adverse treatment in such situations, including transgender-specific nondiscrimination laws, state and federal sex discrimination laws, and state disability laws. Although courts historically have found transgender people excluded from coverage under certain laws, developing case law supports the arguments of transgender employees who face workplace discrimination.
Does The Texas Homosexual Conduct Law Violate The Fourteenth Amendment, Dale Carpenter
Does The Texas Homosexual Conduct Law Violate The Fourteenth Amendment, Dale Carpenter
Faculty Journal Articles and Book Chapters
No abstract provided.
Six Opinions By Mr. Justice Stevens: A New Methodology For Constitutional Cases?, Robert F. Nagel
Six Opinions By Mr. Justice Stevens: A New Methodology For Constitutional Cases?, Robert F. Nagel
Publications
No abstract provided.
Nietzschean Critique And Philosophical Hermeneutics, Francis J. Mootz Iii
Nietzschean Critique And Philosophical Hermeneutics, Francis J. Mootz Iii
Scholarly Works
This article appears as part of a Symposium on "Nietzsche and Legal Theory" published by the Cardozo Law Review. It addresses connections between philosophical hermeneutics and Nietzschean critique, and the relevance that these connections might have for legal theory.
Legal practice inevitably is hermeneutical, with lawyers and judges interpreting governing legal texts and the social situations in which they must be applied. Hans-Georg Gadamer's philosophical hermeneutics describes this practice well, but he treats the question of the possibility of a critical hermeneutics in an ambiguous and under-developed manner. Consequently, Gadamer is frequently (and unfairly) accused of conventionalism and quietism. At …
Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memory Of Mary Joe Frug, Regina Austin, Elizabeth M. Schneider
Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memory Of Mary Joe Frug, Regina Austin, Elizabeth M. Schneider
All Faculty Scholarship
No abstract provided.
Slavery And The Roots Of Sexual Harassment, Adrienne D. Davis
Slavery And The Roots Of Sexual Harassment, Adrienne D. Davis
Scholarship@WashULaw
In recent years, feminist scholars and activists have demonstrated the ways that U.S. slavery functioned as a system of gender supremacy. It entailed the dominance of men over women as well as whites over blacks. Adding the gender lens has shed immense light on the ways that sex, law, and power operated in the racially supremacist enslaving South. In recent years, this literature has emphasized the ways that slavery's sexual and racial subordination converged around the bodies of enslaved black women. One project within this literature characterizes slavery as a "sexual political economy" to make explicit the connections between its …
Privacy Isn't Everything: Accountability As A Personal And Social Good, Anita L. Allen
Privacy Isn't Everything: Accountability As A Personal And Social Good, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Justice Kennedy's Libertarian Revolution: Lawrence V. Texas, Randy E. Barnett
Justice Kennedy's Libertarian Revolution: Lawrence V. Texas, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
This brief article explains why Lawrence v. Texas could be a revolutionary case if the Supreme Court follows Justice Kennedy's reasoning in the future. As in Planned Parenthood v. Casey, Justice Kennedy finds a statute to be unconstitutional, not because it infringes a right to privacy (which is mentioned but once), but because it infringes "liberty" (a word he uses at least twenty-five times). In addition, Justice Kennedy's opinion protects liberty without any finding that the liberty being restricted is a "fundamental right." Instead, having identified the conduct prohibited as liberty, he turns to the purported justification for the …
"They Say He's Gay": The Admissibility Of Evidence Of Sexual Orientation, Peter Nicolas
"They Say He's Gay": The Admissibility Of Evidence Of Sexual Orientation, Peter Nicolas
Articles
This Article seeks to fill an existing gap. Part II of this Article discusses the ways in which the sexual orientation of a victim, party, or witness is relevant within the meaning of Federal Rule of Evidence 401 and its state-law analogues, as well as when such evidence, although relevant, is nonetheless excluded due to its potential prejudicial impact.
Part III of this Article examines the hearsay rule and its exceptions to determine when, if ever, a person's assertion that he is gay can be admitted into evidence. Part IV of this Article discusses the applicability of the spousal privileges …
Burdened By Proof: How The Australian Refugee Review Tribunal Has Failed Lesbian And Gay Asylum Seekers, Catherine Dauvergne, Jenni Millbank
Burdened By Proof: How The Australian Refugee Review Tribunal Has Failed Lesbian And Gay Asylum Seekers, Catherine Dauvergne, Jenni Millbank
All Faculty Publications
Our argument in this paper is that the evidentiary practices and procedures that have been developed by the Australian Refugee Review Tribunal are operating at a routinely low standard. Such practices contribute to decisions that are manifestly unfair and potentially wrong in law. Our conclusions are drawn from our detailed study of more than 300 refugee tribunal decisions made in Canada and Australia in response to asylum claims brought by lesbians and gay men.