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Full-Text Articles in Law
Sexual Agreements, Susan Frelich Appleton, Albertina Antognini
Sexual Agreements, Susan Frelich Appleton, Albertina Antognini
Scholarship@WashULaw
Few would find it surprising that an agreement for sex falls outside the bounds of contract law. Prostitution—defined as an exchange of sex for money—has long been a crime, a point that courts often make in declining to enforce agreements between unmarried partners. In fact, courts routinely invalidate contracts when sex forms the basis of a couple’s bargain, whether married or not, and whether the sex is explicit or inferred from the relationship itself. A closer look at the legal treatment of sexual agreements, however, tells a more complicated story. Although courts reject sex as consideration for being “meretricious” or …
Erotic Entitlements Part I: A Reply To Sex Therapy In The Age Of Viagra: “Money Can’T Buy Melove”, Adrienne D. Davis
Erotic Entitlements Part I: A Reply To Sex Therapy In The Age Of Viagra: “Money Can’T Buy Melove”, Adrienne D. Davis
Scholarship@WashULaw
This is the first of three inquiries into what might be thought of as erotic entitlement. It explores the role of the erotic in regulatory and distributive regimes. Conceived as a reply to Susan Stiritz and Susan Appleton‘s provocative and rich essay Sex Therapy in the Age of Viagra, it starts by summarizing the innovations of their argument. It next uses their paper to pose some questions. First, in this time of contentious feminist, constitutional, and human rights sexual discourse, how is the erotic defined? How is the erotic related to and distinct from desire, the sexual, and even the …
Gender Contests, Susan Frelich Appleton
Gender Contests, Susan Frelich Appleton
Scholarship@WashULaw
This contribution for the “Law, Ethics, and Gender in Medicine” column in the Journal of Gender Specific Medicine interrogates the understanding of gender itself, at a time when transgender and intersex issues were just beginning to “come out” in both popular culture and case law. Against this background, the column explores the roles that physicians have played in such gender contests and considers how evolving medical attitudes can help achieve reform.