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Articles 1 - 15 of 15
Full-Text Articles in Law
Privacy Torts: Unreliable Remedies For Lgbt Plaintiffs, Anita L. Allen
Privacy Torts: Unreliable Remedies For Lgbt Plaintiffs, Anita L. Allen
All Faculty Scholarship
In the United States, both constitutional law and tort law recognize the right to privacy, understood as legal entitlement to an intimate life of one’s own free from undue interference by others and the state. Lesbian, gay, bisexual, and transgender (“LGBT”) persons have defended their interests in dignity, equality, autonomy, and intimate relationships in the courts by appealing to that right. In the constitutional arena, LGBT Americans have claimed the protection of state and federal privacy rights with a modicum of well-known success. Holding that homosexuals have the same right to sexual privacy as heterosexuals, Lawrence v. Texas symbolizes the …
Employment Discrimination Against Lesbians: Municipal Ordinances And Other Remedies, Andra Pearldaughter
Employment Discrimination Against Lesbians: Municipal Ordinances And Other Remedies, Andra Pearldaughter
Golden Gate University Law Review
No abstract provided.
The Case For Repeal Of India's Sodomy Law, Yuvraj Joshi
The Case For Repeal Of India's Sodomy Law, Yuvraj Joshi
Yuvraj Joshi
This Article surveys some of the arguments for and against the repeal of India’s sodomy law. The first part analyses s.377 of the Indian Penal Code and considers its consequences for India's gay, lesbian, bisexual, transsexual, hijra and kothi persons. The second part provides an overview of the various theoretical and political positions taken in the sodomy law debate. The third part examines the rights-based arguments that have been made in support of repealing or reading down s.377, and the feminist and queer critiques of these arguments. The fourth part considers the arguments against the repeal that have been put …
History, Strategy And True Believers: Combining Rational Choice Theory And Social Movement Theory To Explain The Effectiveness Of Social Movements, Joanne Sweeny
JoAnne Sweeny
Both Rational Choice Theory and Social Movement Theory attempt to explain how public interest groups can influence political actors to enact progressive legislation or case law. Yet neither of these theories present a clear picture of what must be present for a social movement to succeed nor what must be absent for it to fail. For example, the bill of rights movement in the United Kingdom resulted in the Human Rights Act 1998 while the United States’ gay rights movement, which began to gain momentum around the same time, has had much more inconsistent success. This article addresses this problem …
History, Strategy And True Believers: Combining Rational Choice Theory And Social Movement Theory To Explain The Effectiveness Of Social Movements, Joanne Sweeny
JoAnne Sweeny
Both Rational Choice Theory and Social Movement Theory attempt to explain how public interest groups can influence political actors to enact progressive legislation or case law. Yet neither of these theories present a clear picture of what must be present for a social movement to succeed nor what must be absent for it to fail. For example, the bill of rights movement in the United Kingdom resulted in the Human Rights Act 1998 while the United States’ gay rights movement, which began to gain momentum around the same time, has had much more inconsistent success. This article addresses this problem …
Harvey Milk, Jane Roe, And James Brady: Why Civic Organizing Matters, Palma Joy Strand
Harvey Milk, Jane Roe, And James Brady: Why Civic Organizing Matters, Palma Joy Strand
palma joy strand
This Article presents a view of the civic underpinnings of law by examining how civic interaction or the lack of such interaction facilitates or inhibits sociolegal change. The Article begins with empirical observations of civic experience and engagement, which ground more general conclusions about the importance of civic relationships and civic networks as well as the way personal stories contribute to the creation of both. The Article then applies these conclusions to three currently contentious and unsettled issues: gay rights, abortion, and guns. As to gay rights, the “coming out” process identified with Harvey Milk has transformed the civic landscape, …
Strategies Of Containment: Status Regimes And The American Constitution, Bruce E. Boyden
Strategies Of Containment: Status Regimes And The American Constitution, Bruce E. Boyden
Bruce E. Boyden
The American constitution was born flawed: it failed to provide a mechanism for resolving entrenched differences in the social status regimes between states. This Article argues that part of the purpose of the Privileges or Immunities Clause of the Fourteenth Amendment was to correct that flaw. The Privileges or Immunities Clause was the culmination of a long antebellum debate over whether southern states had to respect the rights of northern black citizens as they travelled. The Clause achieves this goal by requiring states in certain circumstances to respect the status determinations of other states when the citizens of those other …
Harvey Milk, Jane Roe, And James Brady: Why Civic Organizing Matters, Palma Joy Strand
Harvey Milk, Jane Roe, And James Brady: Why Civic Organizing Matters, Palma Joy Strand
palma joy strand
This article examines the civic underpinnings of law, examining how civic interaction or the lack of such interaction facilitates or inhibits sociolegal change. The article begins with empirical observations of civic experience and engagement, which ground more general conclusions about the importance of civic relationships and civic networks as well as the way personal stories contribute to the creation of both. The article then applies these conclusions to three currently contentious and unsettled issues: gay rights, abortion, and guns. With respect to all of these issues, the article concludes that civic organizing—the intentional creation of civic relationships and civic networks …
Currency Of Love: Customary International Law And The Battle For Same –Sex Marriage In The United States, Sonia B. Green
Currency Of Love: Customary International Law And The Battle For Same –Sex Marriage In The United States, Sonia B. Green
Sonia Bychkov Green
The battle for same-sex marriage is likely to be the civil rights issue of this decade. Developments all over the world over the last several years have caused celebration, public outcry and passionate debate. In the last year alone, the first Latin American same-sex wedding was performed, Sweden joined the nations who allow same-sex marriage, and the United States saw the “Proposition 8” debacle in California, and the new federal lawsuits that will inevitably propel the issues toward the Supreme Court. The legal debate in the United States has asked the crucial question: is there a legal right to marriage …
Harvey Milk, Jane Roe, And James Brady: Why Civic Organizing Matters, Palma Joy Strand
Harvey Milk, Jane Roe, And James Brady: Why Civic Organizing Matters, Palma Joy Strand
palma joy strand
This Article presents a view of the civic underpinnings of law by examining how civic interaction or the lack of such interaction facilitates or inhibits sociolegal change. The Article begins with empirical observations of civic experience and engagement, which ground more general conclusions about the importance of civic relationships and civic networks as well as the way personal stories contribute to the creation of both. The Article then applies these conclusions to three currently contentious and unsettled issues: gay rights, abortion, and guns. As to gay rights, the “coming out” process identified with Harvey Milk has transformed the civic landscape, …
Clarion Call Or False Alarm: Why Proposed Exemptions To Equal Marriage Statutes Return Us To A Religious Understanding Of The Public Marketplace, Taylor Flynn
Faculty Scholarship
This Article discusses the problematic issues arising from proposed religious exemptions to equal marriage statutes. In the Author's view these exemptions would create the societal framework in which lesbians, bisexuals, and gay men can be refused service in virtually all aspects of life, whether fundamental or mundane—from healthcare to housing, from employment to flower-buying. This would all be accomplished with the express permission of the state. The Author believes that these proposals could permit widespread discrimination on a multitude of protected bases. The proposals appear to have been crafted to seize on cultural and religious anxiety and fears concerning same-sex …
Achieving Justice Through Rebellious Lawyering: Restructuring Systems Of Law And Power For Social Change, Ashly Hinmon
Achieving Justice Through Rebellious Lawyering: Restructuring Systems Of Law And Power For Social Change, Ashly Hinmon
The Modern American
No abstract provided.
Civil Rites: The Gay Marriage Controversy In Historical Perspective, Joanna L. Grossman
Civil Rites: The Gay Marriage Controversy In Historical Perspective, Joanna L. Grossman
Faculty Journal Articles and Book Chapters
This short essay, written for a volume that celebrates and reflects on Lawrence M. Friedman’s work in legal history and legal culture, explores the modern controversy about same-sex marriage through a historical lens. The legalization of same-sex marriage by five states, and the express condemnation of it by more than forty others, has reintroduced the age-old problem of non-uniform marriage laws and the complicated interactions that follow. This modern story - a challenge to traditional marriage, a divisive moral debate, and the emergence of strong oppositional forces that are stuck, at least temporarily, but perhaps indefinitely, in a kind of …
Eve Sedgwick, Civil Rights, And Perversion, Katherine M. Franke
Eve Sedgwick, Civil Rights, And Perversion, Katherine M. Franke
Faculty Scholarship
It is hard to imagine where queer theory would be without Eve Sedgwick. Indeed, I can't imagine where my own thinking would be had it not been informed, enriched, challenged, repulsed, and seduced by Sedgwick's writing. Between Men: English Literature and Male Homosocial Desire and The Epistemology of the Closet, the early work, gave me the tools to think about the fundamental landscapes of my intellectual world in ways that decoupled and reconfigured the binaries of male/ female, heterosexual/homosexual, friend/lover, and public/private. Sedgwick gave us the idea of homosociality and a critique of identity and identification that exploded the …
Incrementalism, Civil Unions, And The Possibility Of Predicting Legal Recognition Of Same-Sex Marriage, Erez Aloni
Incrementalism, Civil Unions, And The Possibility Of Predicting Legal Recognition Of Same-Sex Marriage, Erez Aloni
All Faculty Publications
Scholars who have examined the legal recognition of same-sex partnerships in European countries have concluded that the path to the legalization of same-sex marriage follows an incremental process involving specific stages. They suggest that it is possible to predict, based on certain visible social and legal processes or assessable parameters, which U.S. states will be the next to recognize same-sex marriage. These scholars argue that such small cumulative legal changes at the state level constitute the best means of legalizing same-sex marriage in the United States, and that civil unions are a necessary step in this process. This article shows …