Law Commons^™

6th Annual Stonewall Lecture 2-2-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

The 5th Annual Stonewall Lecture: Featuring Keynote Speaker Taylor Brown, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Hegemonic Marriage: The Collision Of 'Transformative' Same-Sex Marriage With Reactionary Tax Law, Anthony C. Infanti

Articles

Before there was a culture war in the United States over same-sex marriage, there was a battle between opponents and proponents of same-sex marriage within the LGBTQ+ community. Some opposed same-sex marriage because of the long patriarchal history of marriage and the more consequential need to bridge the economic and privilege gap between the married and the unmarried. Others, in contrast, saw marriage as a civil rights issue and lauded the transformative potential of same-sex marriage, contending that it could upset the patriarchal nature of marriage and help to refashion marriage into something new and better.

This Article looks back …

Law School News: The Honorable Margaret H. Marshall: Doctor Of Laws, Honoris Causa 05-10-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Covid-19 And Lgbt Rights, Suzanne B. Goldberg

Faculty Scholarship

Even in the best of times, LGBT individuals have legal vulnerabilities in employment, housing, healthcare and other domains resulting from a combination of persistent bias and uneven protection against discrimination. In this time of COVID-19, these vulnerabilities combine to amplify both the legal and health risks that LGBT people face.

This essay focuses on several risks that are particularly linked to being lesbian, gay, bisexual, or transgender, with the recognition that these vulnerabilities are often intensified by discrimination based on race, ethnicity, age, disability, immigration status and other aspects of identity. Topics include: 1) federal withdrawal of antidiscrimination protections; 2) …

Law School News: Broadening The Perspective 12/04/2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

2nd Annual Stonewall Lecture 04-16-2019, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Babashook: The Babadook, Gay Iconography And Internet Cultures, Renee Middlemost

Faculty of Law, Humanities and the Arts - Papers (Archive)

Upon its 2014 release, Australian film The Babadook (Kent, 2014), gained critical acclaim worldwide. While the film gathered high praise, its domestic release was impeded by a lack of marketing support and ongoing debate about the quality of Australian horror films. By 2015, The Babadook was available to stream on Netflix in the United States, and one would imagine, to gradually fade from view. Yet a seemingly innocent categorization error on Netflix in 2016, which listed The Babadook as an LGBT interest film, resulted in a revival of the film's popularity as a cult film and the emergence of the …

We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro

Works of the FIU Libraries

This paper analyzes a shifting landscape of intellectual freedom (IF) in and outside Florida for children, adolescents, teens and adults. National ideals stand in tension with local and state developments, as new threats are visible in historical, legal, and technological context. Examples include doctrinal shifts, legislative bills, electronic surveillance and recent attempts to censor books, classroom texts, and reading lists.

Privacy rights for minors in Florida are increasingly unstable. New assertions of parental rights are part of a larger conservative animus. Proponents of IF can identify a lessening of ideals and standards that began after doctrinal fruition in the 1960s …

Newsroom: 'You Can't Help Being In Awe' 1-30-2018, Michael M. Bowden, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.

Newsroom: Fund Lawyers To Fight For The Poor 1-26-2018, Luis Mancheno, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Rwu First Amendment Blog: Diana Hassel's Blog: How Will Supreme Court Slice Wedding Cake Case 01-11-2018, Diana Hassel

Law School Blogs

No abstract provided.

The Gay Novel And The Gay World, Guy R. Davidson

Faculty of Law, Humanities and the Arts - Papers (Archive)

In a recent review essay, J. Daniel Elam charts the emergence of “gay world literary fiction,” a subgenre of the category “world literature,” which over the last twenty years or so has become both a marketing strategy for publishers and a “disciplinary rallying point of literary criticism and the academic humanities.”1 While Elam’s essay is implicitly underpinned by the usual disciplinary understanding of world literature (fiction from potentially anywhere in the globe, translated into English, and studied comparatively), its focus is narrowed to the “gay world” within the planetary world—a putatively homogenous, transnational gay subculture enabled by digital connectivity and …

The Organization Of Islamic Cooperation's (Oic) Response To Sexual Orientation And Gender Identity Rights: A Challenge To Equality And Nondiscrimination Under International Law, Robert Blitt

UTK Law Faculty Publications

This article further explores the Organization of Islamic Cooperation’s (“OIC”) peculiar understanding of international nondiscrimination and equality norms by considering how it engages with sexual orientation and gender identity (“SOGI”) rights. After reviewing the OIC’s historical approach to human rights and its ambivalent acceptance of universality, the article focuses on the organization’s contemporary effort to promote the “protection of the family” within the international human rights arena. This campaign — driven by the OIC’s belief that “Islamic family values” are under legal and intellectual assault — champions only those families premised on marriage between a man and a woman. Consequently, …

Memorandum, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen

Research Data

This legal Memorandum on the legislative history of a 2008 amendment to the Colorado Anti-Discrimination Act (CADA) was researched and written by Matt Simonsen, J.D. Candidate 2019, University of Colorado Law School, and submitted to law professors Craig Konnoth and Melissa Hart. The Memorandum is cited in Brief of Amici Curiae Colorado Organizations and Individuals in Support of Respondents, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, __U.S.__ (2018) (No. 16-111).

4 p.

"The legislative history primarily identifies two issues that SB08-200 was designed to resolve: (1) the need for dignity and access to justice for LGBT people and …

Master File, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen

Research Data

This Master File of the legislative history of a 2008 amendment to the Colorado Anti-Discrimination Act (CADA) was researched and compiled by Matt Simonsen, J.D. Candidate 2019, University of Colorado Law School, and submitted to law professors Craig Konnoth and Melissa Hart. The SB08-200 Master File is cited in Brief of Amici Curiae Colorado Organizations and Individuals in Support of Respondents, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, __U.S.__ (2018) (No. 16-111).

449 p.

Need For Non-Discrimination Laws Protecting Lgbt People In Kentucky, Ellen Riggle

Center for Equality and Social Justice Position Papers

Non-discrimination laws that include sexual orientation and gender identity provide protections for people who identify as lesbian, gay, bisexual, and transgender (LGBT). Further, inclusive non-discrimination laws signal a commitment to equality and fairness in the treatment of all individuals. However, statewide nondiscrimination laws in Kentucky do not include protections against discrimination based on sexual orientation or gender identity. This lack of protection creates risks for the unfair treatment of LGBT people in Kentucky.

Equality And Nondiscrimination Through The Eyes Of An International Religious Organization: The Organization Of Islamic Cooperation's (Oic) Response To Women's Rights, Robert Blitt

UTK Law Faculty Publications

This article is the first of a two part series that draws on women’s rights and sexual orientation and gender identity (SOGI) to explore how the Organization of Islamic Cooperation (OIC) represents, interprets and seeks to impact the right to equality and protection against discrimination as enshrined under international human rights law. The study is a novel one in as much as the OIC is neither a state nor a religious group per se. Rather, the OIC stands out as the only contemporary intergovernmental organization unifying its member states around the commonality of a single religion. In this capacity, the …

Newsroom: Ny Times: Refugee, Immigrant, And Citizen 02-27-2017, Alexandra S. Levine, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Newsroom: Vox: Mancheno '13 On Orlando 6-23-2016, Luis F. Mancheno, Vox, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Stereotyped Offender: Domestic Violence And The Failure Of Intervention [Batterer Intervention Program (Bip) Standards Data, As Of 2015], Carolyn B. Ramsey

Research Data

These 19 comparative data tables relating to state and local certification standards for batterer intervention programs (BIPs), as of 2015, are electronic Appendices B-T to Carolyn B. Ramsey, The Stereotyped Offender: Domestic Violence and the Failure of Intervention, 120 Penn. St. L. Rev. 337 (2015), available at http://scholar.law.colorado.edu/articles/56/. Appendix A is not reproduced here because it simply contains citations to the state and local standards, but it is published with the journal article.

Trending @ Rwu Law: Lorraine Lalli's Post: Judge Reeves On Racial Violence, Same-Sex Marriage, 01/12/2016, Lorraine Lalli

Law School Blogs

No abstract provided.

Anti-Incarcerative Remedies For Illegal Conditions Of Confinement, Margo Schlanger

Articles

Opposition to mass incarceration has entered the mainstream. But except in a few states, mass decarceration has not, so far, followed: By the end of 2014 (the last data available), nationwide prison population had shrunk only 3% off its (2009) peak. Jail population, similarly, was down just 5% from its (2008) peak. All told, our current incarceration rate - 7 per 1,000 population - is the same as in 2002, and four times the level in 1970, when American incarceration rates began their rise. Our bloated prisoner population includes many groups of prisoners who are especially likely to face grievous …

Pinkwashing The Past: Gay Rights, Military History And The Sidelining Of Protest In Australia, Tanja Dreher

Faculty of Law, Humanities and the Arts - Papers (Archive)

This paper explores the implications of the militarisation of Australian history and the dilemmas of increasing public support for same-sex marriage in Australia at a time of renewed assaults on Indigenous rights, austerity measures and the silencing of dissent. The paper analyses the celebratory rhetoric which increasingly typifies both marriage equality campaigns and the commemoration of Australia's First World War or 'Anzac' history in popular media and public debate. Against the confluence between ongoing debates on same-sex marriage and the 'Anzac myth', I highlight four key challenges: the silencing of dissent; forgetting of the Frontier Wars; untold stories of civil …

Comments On Proposed Treasury Regulations Defining Terms Relating To Marital Status, Anthony C. Infanti, The American Bar Association

Articles

These comments respond to proposed Treasury Regulations defining terms relating to marital status in the Internal Revenue Code following the Supreme Court's decision in the Windsor and Obergefell cases. The comments applaud the Internal Revenue Service for reading gendered terms relating to marital status in a gender-neutral fashion. For a number of reasons, however, the comments recommend that the final regulations omit the proposed rule for determining an individual’s marital status and, in its place, codify the current deference to local law in determining marital status for federal tax purposes. Most importantly, the comments further recommend that the final regulations …

La Búsqueda De Una Agenda En Común: Una Mirada Feminista A Las Organizaciones Lgbti En Nicaragua, Rachel Crane

Independent Study Project (ISP) Collection

In the global context, we are amidst a rapidly changing rights landscape for people who identify as lesbian, gay, bisexual and transgender (LGBT) as more and more governments begin to recognize same-gender partnerships. This gain in LGBT rights worldwide is in no small part to the political organizing and lobbying done by LGBT-rights organizations. Nicaragua’s history with gaining LGBT rights is relatively new, as the government did not repeal the anti-sodomy law here until 2008, thus stagnating the fight for acceptance in the country. As it stands, Nicaragua has a few legal protections for LGBT people, but they continue to …

Victims Of Our Own Success: The Perils Of Obergefell And Windsor, Anthony C. Infanti

Articles

This short essay was spurred by the numerous celebrations of the Supreme Court’s recent decision in Obergefell v. Hodges legalizing same-sex marriage in all fifty states. Though the essay acknowledges the importance of both Obergefell and the Supreme Court’s earlier decision in United States v. Windsor, it highlights the significant perils that these decisions entail for the LGBT community. In the essay, I use tax as a lens for describing some of the lesser-known perils associated with these decisions in the hopes of making those perils more concrete and easily understood by a wide audience of (tax and nontax) …

Revoking Rights, Craig J. Konnoth

Publications

In important areas of law, such as the vested rights doctrine, and in several important cases--including those involving the continued validity of same-sex marriages and the Affordable Care Act--courts have scrutinized the revocation of rights once granted more closely than the failure to provide the rights in the first place. This project claims that in so doing, courts seek to preserve important constitutional interests. On the one hand, based on our understanding of rights possession, rights revocation implicates autonomy interests of the rights holder to a greater degree than a failure to afford rights at the outset. On the other …

How Law Shapes Experiences Of Parenthood For Same-Sex Couples, Nicholas K. Park, Emily Kazyak, Kathleen S. Slauson-Blevins

Department of Sociology: Faculty Publications

Gay, lesbian, and bisexual (GLB) parents are increasingly common and visible, but they face a number of social and legal barriers in the United States. Using legal consciousness as a theoretical framework, we draw on data from 51 interviews with GLB parents in California and Nebraska to explore how laws impact experiences of parenthood. Specifically, we address how the legal context influences three domains: the methods used to become parents, decisions about where to live, and experiences of family recognition. Law and perception of the law make some pathways to parenthood difficult or unattainable depending on state of residence. Parents …

Empathy And Reasoning In Context: Thinking About Anti-Gay Bullying, Kris Franklin

Articles & Chapters

“Empathy” has negative connotations for many legal theorists, who may conceive of it as subjective, lacking in intellectual rigor, and emphasizing sensitivity over reason. Even those legal scholars who have embraced the importance of empathy in legal work have emphasized its affective dimensions: pointing out that empathy is central to human relations and motivations, and is therefore a crucial lawyering skill. This paper builds on social science literature that identifies both cognitive and affective dimensions to empathy, and recasts empathy as in part a central component to higher-order thinking in law. It draws examples from empathetic reasoning in foundational cases …