Sexuality and the Law Commons^™

Sexual Punishments, Alice Ristroph

Faculty Scholarship

No abstract provided.

Beyond Lawrence: Metaprivacy And Punishment, Jamal Greene

Faculty Scholarship

Lawrence v. Texas remains, after three years of precedential life, an opinion in search of a principle. It is both libertarian – Randy Barnett has called it the constitutionalization of John Stuart Mill's On Liberty – and communitarian – William Eskridge has described it as the gay rights movement's Brown v. Board of Education. It is simultaneously broad, in its evocation of our deepest spiritual commitments, and narrow, in its self-conscious attempts to avoid condemning laws against same-sex marriage, prostitution, and bestiality. This Article reconciles these competing claims on Lawrence's jurisprudential legacy. In Part I, it defends the …

Fear Of The Queer Marriage: The Nexus Of Transsexual Marriages And U.S. Immigration Law, Justin L. Haines

City University of New York Law Review

No abstract provided.

Book Review, Minna J. Kotkin

Journal of Legal Education

No abstract provided.

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.

The Custody Battle Over Cryogenically Preserved Embryos After Divorce: Advocating For Infertile Women’S Rights, Cori S. Annapolen

ExpressO

This paper focuses on the struggles that infertile women face to achieve motherhood because their rights are underrepresented in the American court system. It specifically centers on how the process of in vitro fertilization (IVF) helps infertile women conceive children, but then details the problems that increasing technology now causes for these women after they freeze embryos and then divorce. Because the courts of only four states have determined who gets custody of these embryos after a divorce, and because the divorce rate and the number of couples utilizing IVF are increasing, future states will likely be forced to answer …

Federalism, The Commerce Clause, And The Constitutionality Of The Unborn Victims Of Violence Act Of 2004, Ryan R. Wilmering

Indiana Law Journal

No abstract provided.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

When A Victim's A Victim: Making Reference To Victims And Sex-Crime Prosecution, Scott A. Mcdonald

Nevada Law Journal

No abstract provided.

Rhetorical Holy War: Polygamy, Homosexuality, And The Paradox Of Community And Autonomy, Gregory C. Pingree

ExpressO

The article explores the rhetorical strategies deployed in both legal and cultural narratives of Mormon polygamy in nineteenth-century America. It demonstrates how an understanding of that unique communal experience, and the narratives by which it was represented, informs the classic paradox of community and autonomy – the tension between the collective and the individual. The article concludes by using the Mormon polygamy analysis to illuminate a contemporary social situation that underscores the paradox of community and autonomy – homosexuality and the so-called culture wars over family values and the meaning of marriage.

Lucky: The Sequel, Martha Chamallas

The Ohio State University Moritz College of Law Working Paper Series

Lucky: The Sequel is a review essay based on Alice Sebold’s 1999 memoir Lucky in which Sebold describes her own rape as a college student, her experiences as a rape victim and her navigation of the legal system. Chamallas uses Sebold’s rape narrative to explore themes of particular interest to feminist legal scholars. She discusses the intersection of race and rape, the continuing controversy surrounding the categorization of rape as a crime of violence versus a sex crime and the usefulness of considering the social and cultural dimensions of the trauma of rape.

Lucky: The Sequel, Martha Chamallas

Indiana Law Journal

No abstract provided.

Federalism's Fallacy: The Early Tradition Of Federal Family Law And The Invention Of States' Rights, Kristin Collins

Faculty Scholarship

By examining the history of the federal government's role in the regulation of the family, this article joins the work of others who in recent years have begun to piece together the history of the federal government's role in crafting domestic relations law and policy.'⁸ Much of this attention has focused on federal involvement in domestic relations in the late nineteenth and early twentieth centuries, with relatively less consideration given to the pre-Civil War period. Though recent contributions to this field have helped to cure this imbalance, ¹⁹ there remains a strong sense, especially among lawyers and judges, that …

Same-Sex Marriage, Slippery Slope Rhetoric, And The Politics Of Disgust: A Critical Perspective On Contemporary Family Discourse And The Incest Taboo, Courtney Megan Cahill

Scholarly Publications

No abstract provided.

Pennsylvania And Pornography: Cdt V. Pappert Offers A New Approach To Criminal Liability, 23 J. Marshall J. Computer & Info. L. 411 (2005), John Spence

UIC John Marshall Journal of Information Technology & Privacy Law

The rapid expansion of information technology in the past few years has left states and the Federal government struggling desperately to keep up and many of the laws attempting to regulate the Internet and information technology show a lack of understanding how the affected technology actually works and could possibly the growth and distribution of new ideas and inventions even incapacitate the Internet. One area in particular that has been the subject of widespread concern and attention is online pornography, a business that few people only realize just how big it truly is. This article focuses on the recent District …

The Peruvian Truth And Reconciliation Commission’S Treatment Of Sexual Violence Against Women, Julissa Mantilla Falcón

Human Rights Brief

No abstract provided.

Expanding Gender And Expanding The Law: Toward A Social And Legal Conceptualization Of Gender That Is More Inclusive Of Transgender People, Dylan Vade

Michigan Journal of Gender & Law

In Part I, the article first describes the many different ways in which one can be transgender. Many transgender women and men defy gender stereotypes. Part I next suggests a non-linear view of gender. Often, when we get past the binary gender system, the notion that there are only two genders, female and male, we do so by seeing gender as a spectrum or line running from female to male. In Part II, the article argues that the sex-gender distinction is not part of the new conceptualization of gender, the gender galaxy. In Part III, after a brief overview of …

Pornography As Trafficking, Catharine A. Mackinnon

Michigan Journal of International Law

In material reality, pornography is one way women and children are trafficked for sex. To make visual pornography, the bulk of the industry's products, real women and children, and some men, are rented out for use in commercial sex acts. In the resulting materials, these people are then conveyed and sold for a buyer's sexual use. Obscenity laws, the traditional legal approach to the problem, do not care about these realities at all. The morality of what is said and shown remains their focus and concern. The injuries inflicted on real people to make the materials, or because they are …

Book Review, Walking A Gantlet: Nielsen’S License To Harass, Lynne Henderson

Scholarly Works

No abstract provided.

Check Only One: M/F/Other, Julie Shapiro

Faculty Articles

In this extremely brief essay, the author questions Lawrence Summers' generalizations about women in science. We live in a world of uncertainty about the boundaries of gender. Transgendered and intersexed individuals challenge us to step away from strict categories of men and women.

The Political Science Of Hormone Folklore, Rebecca M. Young

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Hacking The Gender Binary Myth: Recognizing Fundamental Rights For The Intersexed, Sara R. Benson

Cardozo Journal of Equal Rights & Social Justice

The article argues that current medical practices allowing parents and doctors to assign a physical sex to intersex children through surgery violate the child's fundamental rights to bodily integrity, personality, gender identity, and sexuality. These rights, while not yet fully defined in jurisprudence, provide a framework for protecting individuals from unwarranted governmental and medical intrusion. The article advocates for delaying such decisions until the child can consent, drawing on the Colombian Constitutional Court's recognition of a child's right to develop their gender identity. It also highlights the broader implications for transgender rights and challenges societal gender binaries.

Outside The Law: Intersex, Medicine And The Discourse Of Rights, Jo Bird

Cardozo Journal of Equal Rights & Social Justice

The article argues that the legal system perpetuates the erasure of intersex individuals by constructing intersex as a medical rather than a legal issue, leading to human rights violations. It contends that the law requires individuals to fit into a binary sex classification to be recognized as fully human, thereby denying intersex people legal visibility and protection. The article advocates for the recognition of intersex as a legal category to address the systemic discrimination and violence intersex individuals face, particularly in medical practices.

Out Of The O.R. And Into The Streets: Exploring The Impact Of Intersex Media Activism, Sharon E. Preves

Cardozo Journal of Equal Rights & Social Justice

Babies are born intersexed, with ambiguous genitalia or other reproductive anatomical features, every day. Physical sexual ambiguity occurs frequently, affecting approximately one in 2000 births. Most infants born intersexed are surgically and hormonally altered to reflect the sexual anatomy associated with "standard" female or male sex assignment. This article explores the mobilization and methods of intersex individuals and their allies to destigmatize intersexuality and to alter the medical treatment they receive. I explore the intersex movement's use of mass media as a strategic activist tool and the implications of this mobilization for cultural and medical reform, arguing that media attention …

Do Prisoners Get A Better Deal? Comparing The Abortion Rights And Access Of Military Women Stationed Abroad To Those Of Women In Prison, Leah Ginsberg

Cardozo Journal of Equal Rights & Social Justice

The note examines the systemic barriers faced by military women and incarcerated individuals in accessing abortion services, despite Supreme Court rulings that establish a woman's right to abortion. It highlights how statutory bans, restrictive policies, and logistical challenges disproportionately affect these groups, arguing that their unique circumstances—such as overseas deployment or incarceration—subject them to additional layers of legal and practical obstacles. The analysis underscores the need for legislative or executive action to address these inequities and ensure constitutional rights are upheld.

Lesbian And Gay Parenting: The Last Thirty Years, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Impact Of International Human Rights Developments On Sexual Minority Rights, Arthur S. Leonard

Articles & Chapters

The Supreme Court's decision in Lawrence v. Texas (2003) marked the first time that tribunal took notice of how foreign and international courts were dealing with the civil rights claims of lesbians and gay men as part of its discussion of American constitutional law. If this evinces a new openness by the Court to looking at such external sources in gay rights cases, what would it find on the major legal issues now facing the LGBT community in the United States? This article summarizes developments abroad on legal recognition of same-sex partners (including for purposes of immigration status) and military …

Law's Nobility, Robin West

Georgetown Law Faculty Publications and Other Works

This article first aims to set out the feminist theory of Catharine MacKinnon as explicitly as possible and in a way that accounts for its incredible power. To strengthen MacKinnon's theoretical project, the article proposes some modifications to the original that are drawn from, in part, the critiques of queer theorists. The crucial departure proposed here concerns MacKinnon's "critique of desire," which in my view is deeply mistaken. Rather than distrusting the sexual desires of women as hopelessly polluted by subordination, we should be neutral -- neither critical nor confident -- regarding the degree to which our desires, if fulfilled, …

Same Sex Marriage And Its Implications For Employee Benefits: Proceedings Of The 2005 Meeting Of The Association Of American Law Schools Sections On Employee Benefits, And Sexual Orientation And Gender Identity Issues, Maria O'Brien, Constance Hiatt, Shannon Minter, Teresa S. Collett

Faculty Scholarship

Professor Maria O'Brien Hylton*: Welcome to this session on "Same Sex Marriage and its Implications for Employee Benefits." I'm Maria Hylton and I will introduce our speakers and moderate the program.

Our first speaker is Constance Hiatt, who is a partner with the Hanson Bridgett law firm here in San Francisco. She represents mostly large employers and large employee benefit plans, including the State of California's 401(k) and 457 plans as well as the University of California's benefits office. So, she has extensive experience in the employee benefits area and she came to us, to me really, through several …

Constitutional Law—State Employees Have Private Cause Of Action Against Employers Under Family And Medical Leave Act—Nevada Department Of Human Resources V. Hibbs, 538 U.S. 721 (2003)., Gabriel H. Teninbaum

ExpressO

The Eleventh Amendment of the United States Constitution provides that non-consenting states are not subject to suit in federal court. Congress may, however, abrogate the states’ sovereign immunity by enacting legislation to enforce the provisions of the Fourteenth Amendment. In Nevada Department of Human Resources v. Hibbs, the Supreme Court of the United States considered whether Congress acted within its constitutional authority by abrogating sovereign immunity under the Family and Medical Leave Act (FMLA), which allows private causes of action against state employers to enforce the FMLA’s family-leave provision. The Court held abrogation was proper under the FMLA and state …