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Articles 1 - 15 of 15
Full-Text Articles in Law
People As Crops, Evelyn L. Wilson
People As Crops, Evelyn L. Wilson
Evelyn L. Wilson
In 1807, Congress passed a law prohibiting the importation of slaves. The South began to feel the effect of labor shortages and prices escalated. To meet this demand, farmers in the upper south states, especially Virginia, began the systematic breeding of slaves for sale to the southwest. Through the use of statements from Virginia statesmen and from some of Virginia’s former slaves, my paper discusses slave breeding, first as a consequence of slavery, as an added benefit to the labor obtained from the slave.
My father was born in Virginia, as was his father, as was his father, as was …
Passions We Like...And Those We Don't: Anti-Gay Hate Crime Laws And The Discursive Construction Of Sex, Gender, And The Body, Yvonne Zylan
Passions We Like...And Those We Don't: Anti-Gay Hate Crime Laws And The Discursive Construction Of Sex, Gender, And The Body, Yvonne Zylan
Yvonne Zylan
This article examines an oft noted, but largely unexplored, aspect of law’s functioning: its ability to constitute social reality. Specifically, I investigate the ways in which law helps define and delimit sexuality as a set of practices, experiences, and identifications. I do so by analyzing the discursive dimensions of anti-gay hate crime laws, demonstrating that such laws produce discrete discursive objects (doctrine and argument) within a specific set of institutional practices (the juridical field), and that these objects and practices in turn legitimate certain limiting narratives, instantiating them as social knowledge and as the ground of sexed and gendered performances. …
Left Hand, Third Finger: The Wearing Of Wedding (Or Other) Rings As A Form Of Assertive Conduct Under The Hearsay Rule, Peter Nicolas
Left Hand, Third Finger: The Wearing Of Wedding (Or Other) Rings As A Form Of Assertive Conduct Under The Hearsay Rule, Peter Nicolas
Peter Nicolas
In this manuscript, I examine the social phenomena of making use of what I call “ring evidence” to determine an individual’s marital status or sexual orientation. More specifically, I note the common practice of identifying people as married based on the presence of a ring on the ring finger of the left hand, as gay and in a committed relationship based on the presence of a ring on the ring finger of the right hand, and as single based on the absence of a ring.
Next, I identify two problems with making use of ring evidence to draw conclusions about …
Sacrifice And Civic Membership: Who Earns Rights, And When?, Julie Novkov
Sacrifice And Civic Membership: Who Earns Rights, And When?, Julie Novkov
Julie Novkov
This paper considers two moments that scholars generally agree featured advances for African Americans’ citizenship – the end of the Civil War and Reconstruction, and World War II and its immediate aftermath – and reads these moments through lenses of race and gender. I consider the conjunction of acknowledged sacrifices and contributions to the state, the rights advances achieved, and the gendered and racialized conceptions of citizen service emerging out of both post-war periods. This conjunction suggests that the kind of citizenship that people of color gained during and after wartime crises depended upon gendered and racialized hierarchies that valued …
Judging Sex In War, Karen Engle
Judging Sex In War, Karen Engle
Michigan Law Review
Rape is often said to constitute a fate worse than death. It has long been deployed as an instrument of war and outlawed by international humanitarian law as a serious-sometimes even capital-crime. While disagreement exists over the meaning of rape and the proof that should be required to convict an individual of the crime, today the view that rape is harmful to women enjoys wide concurrence. Advocates for greater legal protection against rape often argue that rape brings shame upon raped women as well as upon their communities. Shame thus adds to rape's power as a war weapon. Sexual violence …
Chaos, Law, And God: The Religious Meanings Of Homosexuality, Jay Michaelson
Chaos, Law, And God: The Religious Meanings Of Homosexuality, Jay Michaelson
Jay Michaelson
What is the meaning of gay rights in contemporary religious-political discourse? Though some explain homosexuality's disproportionate prominence in terms of homophobia, "church and state," or traditional values versus progressive ones, this article suggests that the legal regulation of sexuality has a far deeper, and more specific, religious meaning: sexuality is a primary site in which religious law is engendered, where the lawfulness of religion meets the chaos beyond it. Arguments about gay rights, same-sex marriage, and related issues are not merely arguments informed by religious values; they are arguments about the nature of religion itself. The article begins by providing …
The Heart Of The Game: Putting Race And Educational Equity At The Center Of Title Ix, Verna L. Williams
The Heart Of The Game: Putting Race And Educational Equity At The Center Of Title Ix, Verna L. Williams
Faculty Articles and Other Publications
This article examines how race and educational equity issues shape women's sports experiences.
The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso
The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso
West Virginia Law Review
No abstract provided.
Forty Years Of Loving: Confronting Issues Of Race, Sexuality, And The Family In The Twenty-First Century, Introduction, Robin A. Lenhardt, Elizabeth B. Cooper, Sheila R. Foster, Sonia K. Katyal
Forty Years Of Loving: Confronting Issues Of Race, Sexuality, And The Family In The Twenty-First Century, Introduction, Robin A. Lenhardt, Elizabeth B. Cooper, Sheila R. Foster, Sonia K. Katyal
Fordham Law Review
No abstract provided.
Longing For Loving, Katherine M. Franke
Time For Rights? Loving, Gay Marriage, And The Limits Of Legal Justice, Chandan Reddy
Time For Rights? Loving, Gay Marriage, And The Limits Of Legal Justice, Chandan Reddy
Fordham Law Review
No abstract provided.
The Multiracial Epiphany Of Loving, Kevin Noble Maillard
The Multiracial Epiphany Of Loving, Kevin Noble Maillard
Fordham Law Review
No abstract provided.
Loving Before And After The Law, Loving Before And After The Law, Angela P. Harris
Loving Before And After The Law, Loving Before And After The Law, Angela P. Harris
Fordham Law Review
No abstract provided.
Loving Gender Balance: Reframing Identity-Based Inequality Remedies, Darren Rosenblum
Loving Gender Balance: Reframing Identity-Based Inequality Remedies, Darren Rosenblum
Fordham Law Review
No abstract provided.
It's Really About Sex: Same-Sex Marriage, Lesbigay Parenting, And The Psychology Of Disgust, Richard E. Redding
It's Really About Sex: Same-Sex Marriage, Lesbigay Parenting, And The Psychology Of Disgust, Richard E. Redding
Richard E. Redding
The effect of gay and lesbian parenting on children has been the touchstone issue in much of the recent state litigation on same sex marriage, with opponents of same sex marriage arguing that there is a rational basis for denying marriage rights to gays and lesbians because the central purpose of marriage is procreation and childrearing, but that children are harmed or disadvantaged when raised by gay or lesbian parents. To interrogate this claim, I critique the social science research that informs the concerns frequently expressed about the possible negative effects of lesbigay parenting on children's emotional, psychosocial, and sexual …