Sexuality and the Law Commons^™

Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee

Seattle Journal for Social Justice

No abstract provided.

When One Spouse Has It: Dementia And The Permissibility Of Marital Sex Under Criminal Statute, 49 J. Marshall L. Rev. 1225 (2016), James Cook

UIC Law Review

The purpose of this article is to explore defining the acceptable parameters of marital sexual behavior, in situations where only one spouse has dementia, through criminal statute.

From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit

Journal of Law and Policy

In 1985, when Kim Cotton became Britain’s first commercial surrogate mother, Europe was exposed to the issue of surrogacy for the first time on a large scale. Three years later, in 1988, the famous case of Baby M drew the attention of the American public to surrogacy as well. These two cases implicated fundamental ethical and legal issues regarding domestic surrogacy and triggered a fierce debate about motherhood, child-bearing, and the relationship between procreation, science, and commerce. These two cases exemplified the debate regarding domestic surrogacy—a debate that has now been raging for decades. A new ethical and legal debate …

Evangelical Reform And The Paradoxical Origins Of The Right To Privacy, John W. Compton

Maryland Law Review

No abstract provided.

Griswold, Geduldig, And Hobby Lobby: The Sex Gap Continues, Maya Manian

Scholarly Articles in Law Reviews & Journals

In her article, The (Non)-Right to Sex, Professor Mary Ziegler excavates the fascinating legal history of the “sex gap” — the historical failure to address sexual liberty — in the constitutional canon and offers an important cautionary tale for contemporary advocacy of marriage equality. By surfacing lost efforts to expand sexual liberty, and by linking that liberty to intersectional concerns about class, gender, and racial equality, Professor Ziegler both explains why sexual freedom has received such limited constitutional protection and shows how incrementalist litigation strategies aimed at progressive legal change have inadvertently strengthened the state’s power to delimit sexual expression. …

Desperately Seeking Status: Same-Sex Couples Battle For Employment-Linked Benefits, Sue Nussbaum Averill

Akron Law Review

This Comment will focus on the battles that gay and lesbian workers face in their attempts to attain benefit parity in the workplace and how these battles are linked to the fact that their relationships lack legal status. Part I will discuss recent judicial decisions on the issue of employment-linked benefit availability to the same-sex partners of gay and lesbian employees. Part II will review two recent decisions, which although unrelated to employment, may have set the stage for a legal redefinition of the family, and may provide a means by which same-sex couples could attain the legal status required …

State’S Highest Bench Approves Reduced Charges For Hiv Transmission, Arthur S. Leonard

Other Publications

No abstract provided.

The Illusion Of Autonomy In Women's Medical Decision-Making, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

This article considers why there is not more conflict between women and their doctors in obstetric decision-making. While patients in every other medical context have complete autonomy to refuse treatment against medical advice, elect high-risk courses of action, and prioritize their own interests above any other decision-making metric, childbirth is viewed anomalously because of the duty to the fetus that the state and the doctor owe at birth. Many feminist scholars have analyzed the complex resolution of these conflicts when they arise, particularly when the state threatens to intervene to override the birthing woman’s autonomy. This article instead considers the …

On “Trafficking And Health”, Dominique Stewart

e-Research: A Journal of Undergraduate Work

This paper discusses the article "Trafficking and Health" by Joanna Busza, Sarah Castle, and Aisse Diarra. Human trafficking is unfortunately addressed by many political systems as a migration issue ‐‐ to be dealt with by restricting the rights of migrants, tightening border controls, etc. However, as we see in this article it is more of a health and human rights issue than anything else. Addressing a problem with the wrong diagnosis does nothing to solve it and oftentimes exacerbates it, and human trafficking is no exception to this. But with the right approaches, the damage caused by trafficking can be …

When Harvard Said No To Eugenics: The J. Ewing Mears Bequest, 1927, Paul A. Lombardo

Faculty Publications By Year

James Ewing Mears (1838-1919) was a founding member of the Philadelphia Academy of Surgery. His 1910 book, The Problem of Race Betterment, laid the groundwork for later authors to explore the uses of surgical sterilization as a eugenic measure. Mears left $60,000 in his will to Harvard University to support the teaching of eugenics. Although numerous eugenic activists were on the Harvard faculty, and who of its Presidents were also associated with the eugenics movement, Harvard refused the Mears gift. The bequest was eventually awarded to Jefferson Medical College in Philadelphia. This article explains why Harvard turned its back …

Sex Reassignment Surgery: Required For Transgendered Prisoners But Forbidden For Medicaid, Medicare, And Champus Beneficiaries, Jennifer L. Casazza

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Politicizing Health, Medicalizing Porn: Rethinking Modern Pornography

Marquette Elder's Advisor

No abstract provided.

Planned Parenthood V. Rounds & Informed Consent, Kate Aizpuru

The Modern American

No abstract provided.

Bypassing Her Constitutional Rights: How The Nebraska Supreme Court Set A Damaging Precedent For Pregnant Minors Seeking Abortion Care, Carlie J. Armstrong

The Modern American

No abstract provided.

Legal Inconsistencies After Astrue V. Caputo: When Children Are Conceived Postmortem, Does Society Have An Obligation To Support Those Children?, 47 J. Marshall L. Rev. 1101 (2014), Catherine Durkin Stewart

UIC Law Review

No abstract provided.

Sex, Science, And The Age Of Anxiety, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

This article examines the question of whether the HPV vaccine should be mandated (for girls and/or boys) in the context of declining rates of childhood immunization, and the potential threat to public health that this decline poses. The article addresses two interconnected legal issues: first, is mandating vaccines to prevent the spread of disease constitutional under substantive due process and equal protection principles, and second, should parents be permitted to “opt out” of mandatory vaccination on their children’s behalf, either for all vaccines or those which prevent particular diseases. The article addresses these issues in the context of America’s growing …

All His Sexless Patients: Persons With Mental Disabilities And The Competence To Have Sex, Michael L. Perlin, Alison Lynch

Articles & Chapters

With the growth in the field of mental disability law over the past 50 years, very few topics involving persons with mental illness remain taboo or off limits to scholars and judges who face these issues daily. However, discussions of the question of whether persons with mental disabilities have a right to voluntary sexual interaction often touches a raw nerve in conversations about mental disability law, even with those who are practicing in the field, and the discomfort people feel in examining this topic is exacerbated when discussing individuals who are institutionalized.

Although this often appears to be a difficult …

From Sex For Pleasure To Sex For Parenthood: How The Law Manufactures Mothers, Beth A. Burkstrand-Reid

Nebraska College of Law: Faculty Publications

As soon as sperm enter a woman, so do law and politics, or so the decades-long disputes surrounding abortion suggest. Now, however, renewed debates surrounding contraceptives show legal and political interference with women’s sexual and reproductive autonomy may actually precede the sperm. This Article argues that, increasingly, women even thinking about having sex are defined socially and legally as “mothers.” Via this broad definition of who is a “mother,” the State extends its reach into women’s decision-making throughout their reproductive lifetime.

This Article argues that the State simultaneously devalues women’s choices to have sex for pleasure, which this Article calls …

The Right To (Trans) Parent: A Reproductive Justice Approach To Reproductive Rights, Fertility, And Family-Building Issues Facing Transgender People, Laura Nixon

William & Mary Journal of Race, Gender, and Social Justice

In focusing on fertility preservation and the whiff of eugenics in state statutes, this Article aims to make several contributions to issues at the intersection of the LGBT and reproductive health, rights, and justice movements. This Article will show how the reproductive health issues of transgender people remain shadowed in the mainstream LGBT movement and reproductive health and rights movement. This Article will use reproductive justice principles to provide new entry points for LGBT advocates and reproductive health and rights advocates to build alliances around gender, sexuality, and reproduction by highlighting opportunities for reproductive justice advocates to engage on reproductive …

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

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

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

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

Seattle Journal for Social Justice

No abstract provided.

Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences, Sahar Fathi

Seattle Journal for Social Justice

No abstract provided.

About The Authors

Seattle Journal for Social Justice

No abstract provided.

Table Of Contents

Seattle Journal for Social Justice

No abstract provided.

Introduction, Jacqueline Mcmurtrie

Seattle Journal for Social Justice

No abstract provided.

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

Seattle Journal for Social Justice

No abstract provided.