Sexuality and the Law Commons^™

Furtive Blackness: On Blackness And Being, T. Anansi Wilson

Faculty Scholarship

Furtive Blackness: On Blackness and Being (“Furtive Blackness”) and The Strict Scrutiny of Black and BlaQueer Life (“Strict Scrutiny”) take a fresh approach to both criminal law and constitutional law; particularly as they apply to African descended peoples in the United States. This is an intervention as to the description of the terms of Blackness in light of the social order but, also, an exposure of the failures and gaps of law. This is why the categories as we have them are inefficient to account for Black life. The way legal scholars have encountered and understood the language of law …

The Strict Scrutiny Of Black And Blaqueer Life, T. Anansi Wilson

Faculty Scholarship

Furtive Blackness: On Blackness and Being (“Furtive Blackness”) and The Strict Scrutiny of Black and BlaQueer Life (“Strict Scrutiny”) take a fresh approach to both criminal law and constitutional law; particularly as they apply to African descended peoples in the United States. This is an intervention as to the description of the terms of Blackness in light of the social order but, also, an exposure of the failures and gaps of law. This is why the categories as we have them are inefficient to account for Black life. The way legal scholars have encountered and understood the language of law …

Title Ix & The Civil Rights Approach To Sexual Harassment In Education, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.

Revenge Porn And The Aclu’S Inconsistent Approach, Elena Lentz

Indiana Journal of Law and Social Equality

No abstract provided.

Addressing The High School Sexual Assault Epidemic: Preventive And Responsive Solutions, Carolyn Haney

Indiana Journal of Law and Social Equality

No abstract provided.

Victim Impact Statements And Corporate Sex Crimes, Erin Sheley

Oklahoma Law Review

No abstract provided.

Institutionalizing Consent Myths In Grade School, Shawn E. Fields

Oklahoma Law Review

No abstract provided.

Title Vii’S Deficiencies Affect #Metoo: A Look At Three Ways Title Vii Continues To Fail America’S Workforce, Taylor J. Freeman Peshehonoff

Oklahoma Law Review

No abstract provided.

Introduction: Three Cohorts’ Vulnerabilities On The Issue Of Sexual Consent, Anita Bernstein

Oklahoma Law Review

No abstract provided.

Standing In Between Sexual Violence Victims And Access To Justice: The Limits Of Title Ix, Hannah Brenner Johnson

Oklahoma Law Review

No abstract provided.

Discriminatory Dualism In Process: Title Ix, Reverse Title Ix, And Campus Sexual Assault, Sarah L. Swan

Oklahoma Law Review

No abstract provided.

Rape Exceptionalism Returns To California: Institutionalizing A Credibility Discount For College Students Reporting Sexual Misconduct, Kelly Alison Behre

Oklahoma Law Review

No abstract provided.

Queer Sacrifice In Masterpiece Cakeshop, Jeremiah A. Ho

All Faculty Scholarship

This Article interprets the Supreme Court’s 2018 decision, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, as a critical extension of Derrick Bell’s interest convergence thesis into the LGBTQ movement. Chiefly, Masterpiece reveals how the Court has been more willing to accommodate gay individuals who appear more assimilated and respectable—such as those who participated in the marriage equality decisions—than LGBTQ individuals who are less “mainstream” and whose exhibited queerness appear threatening to the heteronormative status quo. When assimilated same-sex couples sought marriage in Obergefell v. Hodges, their respectable personas facilitated the alignment between their interests to marry and the Court’s …

Technology-Facilitated Gender-Based Violence: An Overview, Suzie Dunn

Articles, Book Chapters, & Popular Press

Technology facilitated gender-based violence (TFGBV) is a complex worldwide phenomenon with devastating results. Research to date shows that victim-survivors of intimate partner violence are tracked by their abusive partners who use technology to monitor their movements and communication. Many women journalists, human rights defenders and politicians face daily death threats and rape threats for speaking out about equality issues or for simply being a woman in a leadership role. Those with intersecting marginalized identities are at specific risk, with Black, Indigenous, and people of colour, LGBTQ+ people, and people with disabilities facing higher rates of attacks and concerted attacks that …

Feminist Action Against Pornography In Japan: Unexpected Success In An Unlikely Place, Caroline Norma, Seiya Morita

Dignity: A Journal of Analysis of Exploitation and Violence

In late 2016 a feminist movement against problems of commercial sexual exploitation, and especially issues of coerced pornography filming, arose in Japan. This article describes the history of this movement as it mobilized to combat human rights violations perpetrated by the country’s pornographers. The movement’s success came not spontaneously or haphazardly; in fact, it was orchestrated earlier over a full decade-and-a-half by activists who persevered in researching and highlighting pornography’s harms in a civil environment of hostility, isolation and social derision, even among progressive groups and individuals. The Anti-Pornography and Prostitution Research Group (APP) was particularly prominent in this history. …

Harassment, Workplace Culture, And The Power And Limits Of Law, Suzanne B. Goldberg

Faculty Scholarship

This article asks why it remains so difficult for employers to prevent and respond effectively to harassment, especially sexual harassment, and identifies promising points for legal intervention. It is sobering to consider social-science evidence of the myriad barriers to reporting sexual harassment – from the individual-level and interpersonal to those rooted in society at large. Most of these are out of reach for an employer but workplace culture stands out as a significant arena where employers have influence on whether harassment and other discriminatory behaviors are likely to thrive. Yet employers typically make choices in this area with attention to …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

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) …

Balancing Burdens In Religious Freedom Claims, T. J. Denley

Cardozo Journal of Equal Rights & Social Justice

The article examines the expansion of religious freedom claims under the First Amendment and related laws, arguing that recent developments risk creating unequal treatment and burdening marginalized groups. It critiques the shift in doctrine that favors conservative Judeo-Christian morality, potentially undermining antidiscrimination protections and creating "theocratic zones of control." The analysis emphasizes the need to balance religious freedom with the rights of third parties and equality-implicating rights.

Porn Wars: Serious Value, Social Harm, And The Burdens Of Modern Obscenity Doctrine, P. Brooks Fuller, Kyla P. Garrett Wagner, Farnosh Mazandarani

American University Journal of Gender, Social Policy & the Law

During the 1980s, anti-pornography ideologues—an unlikely alliance of feminist activists and right-wing evangelical Christians—waged an open war against pornography and the anti-censorship feminists who supported legal protection for pornographic works. Following a pivotal defeat of an anti-pornography ordinance in federal court, the ideologies constituted in the so-called “Porn Wars” continued to guide obscenity doctrine. These ideologies have informed lower courts’ understanding of the harms and values associated with sexually explicit content more than constitutional scholars recognize, at least explicitly. Although courts recognize core feminist values such as sexual autonomy and privacy in sexually explicit content, they have built doctrine that …

Closeted Or Credible: How Misinterpretation Of The Real Id Act Prevents Closeted Lgbtq+ Applicants From Establishing Credible Asylum Claims, Mary Kate O'Connell

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Intersection Between Disability And Lgbt Discrimination And Marginalization, Victoria M. Rodríguez-Roldán

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Sexual Contact Between A Suspect And Police Officers: How Far Should Police Go To Prove Prostitution?, Paula Del Valle Torres

American University Journal of Gender, Social Policy & the Law

No abstract provided.

June Medical Services L.L.C. V. Gee: Brief For Constitutional Law Scholars Ashutosh Bhagwat, Lee C. Bollinger, Erwin Chemerinsky, Michael C. Dorf, Daniel Farber, Joanna L. Grossman, Pamela S. Karlan, Leah Litman, Martha Minow, Jane S. Schacter, Suzanna Sherry, Geoffrey R. Stone, David A. Strauss, Laurence H. Tribe, And Mary Ziegler As Amici Curiae Supporting Petitioners, Leah Litman

Appellate Briefs

Amici are constitutional law scholars who teach and write in the field of constitutional law, including as it relates to regulation of abortion, and who have a shared interest in identifying the proper standards of review. This brief sets forth Amici's considered understanding of the framework governing abortion regulation, as established by the decisions of this Court, and how to preserve the undue burden test as established in this Court's precedents over the last two decades. It also explains why the decision below, if permitted to stand, would threaten the uniformity and supremacy of federal law.

Louisiana's Act 620 requires …

The Daily Work Of Fitting In As A Marginalized Lawyer, Kim Brooks

Articles, Book Chapters, & Popular Press

Despite increased public dialogue about the need for inclusion, marginalized lawyers adjust their behaviour to “fit” in their legal workplaces. In this article, the author presents the results of interviews with lawyers in Canada who self-identify as belonging to a marginalized group based on race, ethnicity, Indigeneity, gender or sexual identity, working-class background, and/or disability. Based on these interviews, the author advances a taxonomy of the five strategies employed by these lawyers to fit in to their workplaces: covering strategies, compensating strategies, mythologizing strategies, passing strategies, and exiting strategies. Marginalized lawyers employ covering strategies, which may be appearance-, affiliation-, advocacy-, …

Policing The Painted And Powdered, Anthony Michael Kreis

Cardozo Law Review

Is homophobia also sexism?

This question was the focus ofpioneering scholarship nearly three decades ago and has been the subject ofreignited controversy because of litigation over marriage rights, employment discrimination, educational opportunities, fair housing, religious exemptions, and military service. Even though some courts, federal agencies, and state employment commissions have recognized that sexual orientation and gender identity discrimination are subsets ofsex discrimination, including the landmark Title VII decisions Hively v. Ivy Tech Community College and Zarda v. Altitude Express, academics, judges, andpublic administrators have been unable to articulate a plain theory ofsexual orientation discrimination as sexism. Without a straightforward theory …

Law Symposium: Adjudicating Sexual Misconduct On Campus: Title Ix And Due Process In Uncertain Times, Roger Williams University School Of Law, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.

Law School News: Grappling With Law On Campus Sexual Misconduct 11-08-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Privacy As Pretext, Susan Hazeldean

Cornell Law Review

The terms of the debate over LGBT rights have shifted in recent years, particularly since the Supreme Court made marriage equality the law of the land in Obergefell v. Hodges. Today, people against LGBT equality argue that curtailing LGBT rights is necessary to protect the rights of others. One potent rhetorical weapon used to oppose LGBT rights is the claim that antidiscrimination protections for LGBT people undermine privacy because they permit transgender people to use facilities that accord with their gender identity. This Article uses legal privacy theory to show that allowing transgender people into gendered facilities does not undermine …

Critical Reviews Of Flawed Research On Prostitution, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.