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Articles 1 - 12 of 12

Full-Text Articles in Law

Don't Ask, Don't Tell: Employment Discrimination As A Means For Social Cleansing, E. Gary Spitko Jul 2012

Don't Ask, Don't Tell: Employment Discrimination As A Means For Social Cleansing, E. Gary Spitko

Faculty Publications

In December 2010, President Barack Obama signed into law the “Don’t Ask, Don’t Tell Repeal Act of 2010,” which provided for repeal of the policy prohibiting gay people from serving openly in the military, after consideration of a Department of Defense review on the implementation of such a repeal. This article examines the history of the exclusion of openly gay people from military service in the United States from the early twentieth century up until the time of the repeal. The author concludes from this review that the dominant purpose of the military’s exclusion of openly gay ...


There Is But One Sword That Defends The Rights Of Man- Bringing Lgbt Rights Out Of The Closet, Jonathan M. Bhagan Jun 2012

There Is But One Sword That Defends The Rights Of Man- Bringing Lgbt Rights Out Of The Closet, Jonathan M. Bhagan

Jonathan m Bhagan

Introduction. International norms of human rights are a powerful force for interpreting, protecting and growing rights on the domestic plane. Courts throughout the Commonwealth already look to international norms to flesh out rights, whether they are found in the constitutional jurisprudence of other common law states in Treaties or Treaty based case law. While some schools of jurisprudence claim that International and Domestic law are two separate spheres , throughout the paper it will be shown that judges have consistently looked to foreign and International Law as inspiration and support for their decisions in key human rights cases. This trend of ...


National Report: United Kingdom, Kenneth Mck. Norrie Apr 2012

National Report: United Kingdom, Kenneth Mck. Norrie

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Colombia, Universidad De Los Andes Public Interest Law Group Apr 2012

National Report: Colombia, Universidad De Los Andes Public Interest Law Group

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Is False Imputation Of Being Gay, Lesbian, Or Bisexual Still Defamatory? The Arkansas Case, Jay Barth Apr 2012

Is False Imputation Of Being Gay, Lesbian, Or Bisexual Still Defamatory? The Arkansas Case, Jay Barth

University of Arkansas at Little Rock Law Review

Falsely identifying someone as lesbian, gay, or bisexual (LGB) has historically been defamation per se in American courts. In modern times, however, courts have become conflicted as to whether a false imputation of a person as LGB is defamatory. Accordingly, this article examines the roots of defamation law as it relates to sexual minorities, and then examines questions regarding the defamatory status of false identification of another as LGB, whether community or national standards should drive such a determination, and finally, to what degree is any legal recognition of harm to reputation for being LBG a perpetuation of the status ...


"Don't Ask, Don't Tell," The Supreme Court, And Lawrence The "Laggard", Audrey K. Hagedorn Apr 2012

"Don't Ask, Don't Tell," The Supreme Court, And Lawrence The "Laggard", Audrey K. Hagedorn

Indiana Law Journal

No abstract provided.


Animus Thick And Thin: The Broader Impact Of The Ninth Circuit Decision In Perry V. Brown, Nan D. Hunter Mar 2012

Animus Thick And Thin: The Broader Impact Of The Ninth Circuit Decision In Perry V. Brown, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

This essay is a response to an article by: Eskridge Jr., William N., The Ninth Circuit's Perry Decision and the Constitutional Politics of Marriage Equality, in 64 Stan. L. Rev. Online 93 (2012).

This essay examines the impact of Perry v. Brown, 671 F.3d 1052 (9th Cir. 2012), the first appellate federal court decision on the constitutional validity of marriage exclusion laws. The author argues that the major contribution of the Perry decision is to illuminate the meaning of animus, a term that is sharply contested in Equal Protection jurisprudence, and to explicate its relationship to standards of ...


Queer (In)Justice: Mapping New Gay (Scholarly) Agendas, Giovanna Shay, J. Kelly Strader Jan 2012

Queer (In)Justice: Mapping New Gay (Scholarly) Agendas, Giovanna Shay, J. Kelly Strader

Faculty Scholarship

The 2011 book Queer (In)Justice surveys involvement of sexual minorities in all phases of the what the authors term the "criminal legal system." It examines the treatment of LGBTQ people as criminal defendants, victims, and prisoners. Queer (In)Justice moves beyond the typical focus of gay rights activists and scholars in the criminal law area to address the everyday treatment of LGBTQ people by police, prosecutors, courts, and corrections authorities. Relying heavily on prison abolitionist movement thinking, the book calls into question reliance on criminal punishment as a means of combating violence against LGBTQ people. Although largely anecdotal, and ...


Ignoring Human Rights For Homosexuals: Gross Violations Of International Obligations In Cameroon, Erica Nordberg Jan 2012

Ignoring Human Rights For Homosexuals: Gross Violations Of International Obligations In Cameroon, Erica Nordberg

American University International Law Review

No abstract provided.


Dating The State: The Moral Hazards Of Winning Gay Rights, Katherine M. Franke Jan 2012

Dating The State: The Moral Hazards Of Winning Gay Rights, Katherine M. Franke

Faculty Scholarship

The article offers a critical analysis of the complexities of having the state recognize and then take up gay rights as a cause of its own. I examine three principal contexts – the role of gay rights in the state of Israel’s re-branding campaign, the response to Iranian President Mahmoud Ahmadinejad’s 2007 speech at Columbia University in which he claimed that there were no homosexuals in Iran, and the role of gay rights in Romania’s effort to join the European Community – as examples of the moral hazards that a minority faces when the state takes up their interests ...


Dating The State: The Moral Hazards Of Winning Gay Rights, Katherine M. Franke Jan 2012

Dating The State: The Moral Hazards Of Winning Gay Rights, Katherine M. Franke

Faculty Scholarship

On August 1, 2009, a masked man dressed in black carrying an automatic weapon stormed into Beit Pazi in Tel Aviv, the home of the Aguda, the National Association of GLBT in Israel. He opened fire on a group of gay and lesbian teenagers who were meeting in the basement for "Bar-Noar," or "Youth Bar," killing two people and wounding at least ten others. This terrible act of violence attracted immediate national and international attention and condemnation. President Simon Peres declared the next day:

[T]he shocking murder carried out in Tel Aviv yesterday against youths and young people is ...


Dating The State: The Moral Hazards Of Winning Gay Rights, Katherine M. Franke Jan 2012

Dating The State: The Moral Hazards Of Winning Gay Rights, Katherine M. Franke

Faculty Scholarship

The article offers a critical analysis of the complexities of having the state recognize and then take up gay rights as a cause of its own. I examine three principal contexts – the role of gay rights in the state of Israel’s re-branding campaign, the response to Iranian President Mahmoud Ahmadinejad’s 2007 speech at Columbia University in which he claimed that there were no homosexuals in Iran, and the role of gay rights in Romania’s effort to join the European Community – as examples of the moral hazards that a minority faces when the state takes up their interests ...