Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (214)
- Yeshiva University, Cardozo School of Law (35)
- University of Michigan Law School (26)
- BLR (23)
- American University Washington College of Law (22)
-
- University of Colorado Law School (19)
- UIC School of Law (16)
- Maurer School of Law: Indiana University (14)
- William & Mary Law School (14)
- Columbia Law School (11)
- Georgetown University Law Center (11)
- Touro University Jacob D. Fuchsberg Law Center (10)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (9)
- Roger Williams University (8)
- Schulich School of Law, Dalhousie University (8)
- Washington and Lee University School of Law (8)
- Brooklyn Law School (7)
- Cleveland State University (7)
- Florida State University College of Law (7)
- University of Rhode Island (7)
- Brigham Young University Law School (6)
- Florida International University College of Law (6)
- Pepperdine University (6)
- The University of Akron (6)
- University of Kentucky (6)
- Fordham Law School (5)
- New York Law School (5)
- Villanova University Charles Widger School of Law (5)
- Cornell University Law School (4)
- Mercer University School of Law (4)
- Keyword
-
- Constitutional Law (48)
- Same-sex marriage (40)
- Discrimination (35)
- Sexuality and the Law (33)
- Constitution (32)
-
- Constitutional law (28)
- Equal protection (24)
- First Amendment (23)
- Law (22)
- Gay (21)
- LGBT (21)
- Marriage (21)
- Abortion (19)
- Supreme Court (19)
- Gay rights (17)
- Gender (17)
- Due process (15)
- Lesbian (15)
- Privacy (15)
- Same-Sex Marriage (15)
- Equality (14)
- Law and Society (14)
- Women (14)
- Civil Rights and Discrimination (13)
- Transgender (13)
- United States Supreme Court (13)
- DOMA (12)
- Equal Protection (12)
- Equal Protection Clause (12)
- LGBTQ (12)
- Publication Year
- Publication
-
- Seattle University Law Review (188)
- Seattle Journal for Social Justice (25)
- Faculty Scholarship (23)
- ExpressO (21)
- Cardozo Journal of Equal Rights & Social Justice (18)
-
- Publications (16)
- Michigan Law Review (12)
- UIC Law Review (12)
- American University Journal of Gender, Social Policy & the Law (11)
- Georgetown Law Faculty Publications and Other Works (10)
- Indiana Law Journal (10)
- Cardozo Law Review (9)
- Scholarly Works (8)
- Dignity: A Journal of Analysis of Exploitation and Violence (7)
- Scholarly Articles in Law Reviews & Journals (7)
- Scholarly Publications (7)
- Touro Law Review (7)
- Articles, Book Chapters, & Popular Press (6)
- BYU Law Review (6)
- FIU Law Review (6)
- William & Mary Journal of Race, Gender, and Social Justice (6)
- All Faculty Scholarship (5)
- Kentucky Law Journal (5)
- Law School Blogs (5)
- Scholarly Articles (5)
- Cleveland State Law Review (4)
- Faculty Journal Articles and Book Chapters (4)
- Faculty Publications (4)
- Journal Articles (4)
- Law Faculty Research Publications (4)
- Publication Type
Articles 391 - 420 of 638
Full-Text Articles in Sexuality and the Law
Civil Rights 3.0, Nan D. Hunter
Civil Rights 3.0, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
It is now commonplace to hear the LGBT rights movement being described as the last, or the next, or today’s, pre-eminent civil rights issue. This chapter will explore what that means from several perspectives: What does the label tell us about the civil rights paradigm itself? If the achievement of marriage equality is the great civil rights achievement of this generation, what does that suggest about a future for equality more generally? How have new forms of, and technologies for, movement building affected the idea and practice of civil rights? Does the civil rights paradigm have a future? I focus …
Transforming Family Law Through Same-Sex Marriage: Lessons From (And To) The Western World, Macarena Saez
Transforming Family Law Through Same-Sex Marriage: Lessons From (And To) The Western World, Macarena Saez
Scholarly Articles in Law Reviews & Journals
Same-sex marriage is a 21st century phenomenon. In less than 13 years more than 15 countries have amended their marriage laws to include same-sex couples. Some countries have made the change through political decisions but others have reached the change through adjudicative processes. A comparative analysis of decisions from the highest courts of countries or states granting marriage to same-sex couples demonstrates: 1. similar arguments are presented to these courts when making the case for and against same-sex marriage; 2. courts are using comparative law to justify their decisions on same-sex marriage; 3. the majority of courts in these countries …
“. . . Speak Now Or Forever Hold Your Peace . . .” —The Influence Of Constitutional Argument On Same-Sex Marriage Legislation Debates In Australia, Neville Rochow
BYU Law Review
No abstract provided.
The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications, Justice Sheryl Gordon Mccloud, Justice Susan Owens, Marc Boman, Joanne Moore
The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications, Justice Sheryl Gordon Mccloud, Justice Susan Owens, Marc Boman, Joanne Moore
Seattle Journal for Social Justice
No abstract provided.
G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore
G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore
Seattle Journal for Social Justice
No abstract provided.
Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community, Anietie Maureen-Ann Akpan
Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community, Anietie Maureen-Ann Akpan
Seattle Journal for Social Justice
No abstract provided.
Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act, Karen Gray Young
Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act, Karen Gray Young
Seattle Journal for Social Justice
No abstract provided.
Securing Food Justice, Sovereignty & Sustainability In The Face Of The Food Safety Modernization Act (Fsma), Eve Kerber
Securing Food Justice, Sovereignty & Sustainability In The Face Of The Food Safety Modernization Act (Fsma), Eve Kerber
Seattle Journal for Social Justice
No abstract provided.
Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences, Sahar Fathi
Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences, Sahar Fathi
Seattle Journal for Social Justice
No abstract provided.
Introduction, Jacqueline Mcmurtrie
Introduction, Jacqueline Mcmurtrie
Seattle Journal for Social Justice
No abstract provided.
Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson
Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson
Seattle Journal for Social Justice
No abstract provided.
Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz
Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz
Seattle Journal for Social Justice
No abstract provided.
Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman
Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman
Seattle Journal for Social Justice
No abstract provided.
Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns
Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns
Seattle Journal for Social Justice
No abstract provided.
Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins
Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins
Seattle Journal for Social Justice
No abstract provided.
Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee
Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee
Seattle Journal for Social Justice
No abstract provided.
Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd
Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd
Seattle Journal for Social Justice
No abstract provided.
Abortion And Disgust, Courtney Megan Cahill
Abortion And Disgust, Courtney Megan Cahill
Scholarly Publications
This Article uses disgust theory — defined as the insights on disgust by psychologists and social scientists — to critique disgust’s role in abortion lawmaking. Its starting point is a series of developments that independently highlight and call into question the relationship between abortion and disgust. First, the Supreme Court introduced disgust as a valid basis for abortion regulation in its 2007 case Gonzales v. Carhart. Second, psychologists have recently discovered a sufficiently strong association between individual disgust sensitivity and abortion opposition to suggest that disgust might drive that opposition. They have also discovered that “abortion disgust” appears to be …
“The Pursuit Of Happiness” Comes Home To Roost? Same-Sex Union, The Summum Bonum, And Equality, Patrick Mckinley Brennan
“The Pursuit Of Happiness” Comes Home To Roost? Same-Sex Union, The Summum Bonum, And Equality, Patrick Mckinley Brennan
Working Paper Series
John Locke understood human happiness to amount to the removal of "uneasiness." This paper argues that,to the extent that the United States is a nation dedicated to "the pursuit of happiness" understood as the removal of "uneasiness," same-sex unions or marriages should be given legal recognition. While Locke defended a variation on traditional marriage on the grounds of progenitiveness and care for dependent offspring, his more foundational commitment to the importance of the removal of uneasiness precludes, on pain of inconsistency, limiting marriage to opposite-sex couples. This paper argues, furthermore, that conservatives and neo-conservatives who celebrate this nation's being …
Privacy, Jed Rubenfeld
Privacy, Jed Rubenfeld
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Social Science Studies And The Children Of Lesbians And Gay Men: The Rational Basis Perspective, Carlos A. Ball
Social Science Studies And The Children Of Lesbians And Gay Men: The Rational Basis Perspective, Carlos A. Ball
William & Mary Bill of Rights Journal
This Article seeks to determine whether the social science literature on the children of lesbians and gay men precludes the government from relying on child welfare considerations to justify same-sex marriage bans and parenting restrictions affecting lesbians and gay men under the highly deferential rational basis test. Under that test, courts must uphold laws and regulations that have any conceivable basis of fact which is rationally related to a legitimate state interest. After comprehensively reviewing the social science literature, the Article concludes that the empirical evidence showing the lack of an association between parental sexual orientation and the psychological and …
Brief Of Amici Curiae Professors Nan D. Hunter, Et Al., Addressing The Merits In Support Of Respondents, Nan D. Hunter, Suzanne B. Goldberg
Brief Of Amici Curiae Professors Nan D. Hunter, Et Al., Addressing The Merits In Support Of Respondents, Nan D. Hunter, Suzanne B. Goldberg
U.S. Supreme Court Briefs
In this amicus brief filed in United States v. Windsor, pending before the Supreme Court, amici constitutional law professors argue that all classifications that carry the indicia of invidiousness should trigger a more searching inquiry than the traditional rational basis test under the Equal Protection Clause would suggest. Classifications that already receive heightened scrutiny, such as race or sex, fit easily into this approach. But the Court’s equal protection jurisprudence has become muddied in a series of cases in which it says rational basis review, but appears to do a more rigorous review. Sexual orientation classifications seemingly were analyzed …
The Supreme Court Refused To Expand The Right Of Privacy To Include Homosexual Sodomy In Bowers V. Hardwick, Richard J. Wittbrodt
The Supreme Court Refused To Expand The Right Of Privacy To Include Homosexual Sodomy In Bowers V. Hardwick, Richard J. Wittbrodt
Pepperdine Law Review
No abstract provided.
Benign Sex Discrimination Revisited: Constitutional And Moral Issues In Banning Sex-Selection Abortion , George Schedler
Benign Sex Discrimination Revisited: Constitutional And Moral Issues In Banning Sex-Selection Abortion , George Schedler
Pepperdine Law Review
No abstract provided.
A State's Obligation To Fund Hormonal Therapy And Sex-Reassignment Surgery For Prisoners Diagnosed With Gender Identity Disorder, Rena M. Lindevaldsen
A State's Obligation To Fund Hormonal Therapy And Sex-Reassignment Surgery For Prisoners Diagnosed With Gender Identity Disorder, Rena M. Lindevaldsen
Faculty Publications and Presentations
This article explores whether a state law imposing a flat ban on the use of funds to provide cross-gender hormones or sex-reassignment surgery for prisoners diagnosed with GID satisfies the Eighth Amendment standard of deliberately indifferent to serious medical needs. In other words, the issue is whether it constitutes cruel and unusual punishment for a state to refuse to provide hormones or sex-reassignment surgery to GID prisoners. The district court in Kosilek v. Spencer1 held that it does: the state violated the Eighth Amendment in providing feminizing hormones to Kosilek but refusing to provide him sex-reassignment surgery. Part I …
Justice Kennedy’S “Gay Agenda”: Romer, Lawrence, And The Struggle For Marriage Equality, Lawrence C. Levine
Justice Kennedy’S “Gay Agenda”: Romer, Lawrence, And The Struggle For Marriage Equality, Lawrence C. Levine
McGeorge Law Review
No abstract provided.
The Virtue Of Obscurity, Colin Starger
The Virtue Of Obscurity, Colin Starger
All Faculty Scholarship
The critics have panned Justice Kennedy’s majority opinion in United States v. Windsor. Supporters and opponents of same-sex marriage have together bemoaned what may be called Kennedy’s “doctrinal obscurity” in Windsor. Doctrinal obscurity describes the opinion’s failure to justify striking down Section 3 of the Defense of Marriage Act (DOMA) using any discernable accepted test for substantive due process or equal protection. Specifically, Kennedy does not ask whether DOMA burdens a right “deeply rooted in this Nation’s history and tradition,” nor does he identify sexual orientation as a suspect or semi-suspect classification, nor does he subject DOMA to explicit rational …
No Promo Hetero: Children's Right To Be Queer, Clifford Rosky
No Promo Hetero: Children's Right To Be Queer, Clifford Rosky
Utah Law Faculty Scholarship
This Article argues that the government has no legitimate interest in promoting heterosexuality or gender conformity during childhood. Although opponents of LGBT rights have longed cited this goal as one of the primary justifications for discrimination against LGBT people, it has no constitutional foundation upon which to stand. Building upon a familiar schema of legal scholarship on LGBT rights, this Article challenges the state’s interest in promoting heterosexuality by articulating a tripartite defense of children’s speech, status, and conduct. It argues that these three aspects of homosexuality are connected to and protected by three constitutional clauses — the First Amendment, …