Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (225)
- Yeshiva University, Cardozo School of Law (209)
- University of Michigan Law School (73)
- American University Washington College of Law (68)
- Maurer School of Law: Indiana University (36)
-
- Columbia Law School (35)
- New York Law School (35)
- BLR (29)
- Schulich School of Law, Dalhousie University (28)
- Roger Williams University (26)
- UIC School of Law (26)
- Fordham Law School (25)
- University of Rhode Island (24)
- Pace University (23)
- Georgetown University Law Center (22)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (21)
- Brooklyn Law School (19)
- St. Mary's University (14)
- Boston University School of Law (13)
- Cleveland State University (13)
- Florida State University College of Law (13)
- University of Colorado Law School (13)
- University of Richmond (12)
- University of Oklahoma College of Law (11)
- Mitchell Hamline School of Law (9)
- Saint Louis University School of Law (9)
- St. John's University School of Law (9)
- Washington and Lee University School of Law (9)
- Cornell University Law School (8)
- Texas A&M University School of Law (8)
- Keyword
-
- Gender (99)
- Women (82)
- Discrimination (78)
- Transgender (55)
- Equality (46)
-
- Sexuality and the Law (45)
- Feminism (43)
- Race (40)
- LGBT (37)
- Law (37)
- Rape (37)
- Sex discrimination (37)
- Sexual orientation (37)
- Prostitution (35)
- Same-sex marriage (35)
- Sexual harassment (35)
- Title VII (34)
- Sexuality (33)
- Sex (32)
- Gender and law (31)
- Gay (30)
- Abortion (29)
- Diversity (25)
- LGBTQ (24)
- Lesbian (24)
- Marriage (24)
- Marriage equality (22)
- Civil rights (21)
- Culture (21)
- Equity (21)
- Publication Year
- Publication
-
- Seattle University Law Review (193)
- Women's Annotated Legal Bibliography (122)
- Faculty Scholarship (78)
- Cardozo Journal of Equal Rights & Social Justice (56)
- Michigan Journal of Gender & Law (36)
-
- Scholarly Articles in Law Reviews & Journals (33)
- ExpressO (28)
- Seattle Journal for Social Justice (26)
- Articles, Book Chapters, & Popular Press (25)
- Dignity: A Journal of Analysis of Exploitation and Violence (24)
- Georgetown Law Faculty Publications and Other Works (21)
- Fordham Law Review (19)
- Indiana Law Journal (19)
- Scholarly Works (18)
- All Faculty Scholarship (17)
- Articles (17)
- Articles & Chapters (17)
- American University Journal of Gender, Social Policy & the Law (16)
- UIC Law Review (16)
- Cardozo Law Review (15)
- Michigan Law Review (15)
- Other Publications (15)
- Elisabeth Haub School of Law Faculty Publications (14)
- Faculty Publications (13)
- Publications (12)
- Scholarly Publications (12)
- Oklahoma Law Review (11)
- School of Law Conferences, Lectures & Events (9)
- The Scholar: St. Mary's Law Review on Race and Social Justice (9)
- Articles by Maurer Faculty (8)
- Publication Type
Articles 541 - 570 of 1344
Full-Text Articles in Sexuality and the Law
Reorienting The Rules Of Evidence, Gillian R. Chadwick
Reorienting The Rules Of Evidence, Gillian R. Chadwick
Cardozo Law Review
Latent heterosexism is deeply engrained in the common sensibility of the American legal system. In sexual assault cases, that latent heterosexism reveals itself in disparate admissibility rulings and practices regarding evidence that purports to demonstrate a defendant's sexual orientation. When defendant and victim are of the same gender, evidence that a defendant is straight is used to prove innocence, while evidence that a defendant is gay or bisexual is used to prove guilt. This evidence is used to advance narratives invoking anti-gay and anti-bisexual stereotypes of deviance and criminality. Similar arguments are not made in cases involving opposite-gender defendant and …
Legitimacy And Protection Against Sexual Orientation Discrimination Under Title Vii, Matt Snodgrass
Legitimacy And Protection Against Sexual Orientation Discrimination Under Title Vii, Matt Snodgrass
Indiana Law Journal
Until relatively recently federal courts have held that claims of discrimination based in sexual orientation fall beyond the purview of Title VII protection. Even after the landmark holding in Price Waterhouse that recognized discrimination based in sex stereotypes and subsequent amendment to Title VII, courts resisted “bootstrapping” sexual orientation claims with sex discrimination claims. The result has been a number of puzzling outcomes—for example, extending Title VII protection to gay men who received adverse employment treatment due to stereotypically “effeminate” mannerism but not to gay men who meet cultural standards of masculinity— rigidly applying the structure of protected categories in …
Gender In The Context Of Same-Sex Divorce And Relationship Dissolution, Suzanne A. Kim, Edward D. Stein
Gender In The Context Of Same-Sex Divorce And Relationship Dissolution, Suzanne A. Kim, Edward D. Stein
Articles
This article identifies ways that judges, lawyers, researchers, and policy makers may attend to the role of gender and gender dynamics facing same-sex couples upon divorce or other relationship dissolution. When same-sex couples marry, the legal system and society at large may project conceptions of gender onto same-sex couples, often in a manner that conflicts with couples’ intentions and practices. Gender and gender dynamics may affect the bases for dissolution, the financial aspects of dissolution, and the determination of child custody. The article also suggests directions for future research on the impact of gender on the dissolution of same-sex relationships.
The Story Of Parenthood, Courtney Cahill
Rape By Fraud: Eluding Washington Rape Statutes, Michael Mullen
Rape By Fraud: Eluding Washington Rape Statutes, Michael Mullen
Seattle University Law Review
Existing Washington law does not sufficiently safeguard its citizens from “rape by fraud,” an action whereby a person obtains sexual consent and has sexual intercourse of any type by fraud, deception, misrepresentation, or impersonation. Rape by fraud is a form of sexual predation not always prosecutable under existing Washington law. In recent years, twelve states have adopted expanded rape by fraud statutory provisions. Presently, Washington’s rape statutes lack the expansive rape by fraud statutory language adopted by these twelve states. A recent sexual scam in Seattle has revealed holes in Washington’s rape statutes. This Note examines the history of rape …
"Playing It Safe" With Empirical Evidence: Selective Use Of Social Science In Supreme Court Cases About Racial Justice And Marriage Equality, Russell K. Robinson, David M. Frost
"Playing It Safe" With Empirical Evidence: Selective Use Of Social Science In Supreme Court Cases About Racial Justice And Marriage Equality, Russell K. Robinson, David M. Frost
Northwestern University Law Review
This Essay seeks to draw connections between race, sexual orientation, and social science in Supreme Court litigation. In some respects, advocates for racial minorities and sexual minorities face divergent trajectories. Among those asserting civil rights claims, LGBT rights claimants have been uniquely successful at the Court ever since Romer v. Evans in the mid-1990s. During this period, advocates for racial minorities have fought to preserve earlier victories in cases such as Regents of the University of California v. Bakke and have failed to overturn precedents that strictly limit equal protection possibilities, such as McCleskey v. Kemp. Nonetheless, we argue …
Simon De Montfort Et Le Gouvernement : Statut Des Femmes Dans Les Statuts De Pamiers (Art. 46) Avant La Magna Carta, Marjolaine Raguin-Barthelmebs
Simon De Montfort Et Le Gouvernement : Statut Des Femmes Dans Les Statuts De Pamiers (Art. 46) Avant La Magna Carta, Marjolaine Raguin-Barthelmebs
Medieval Feminist Forum: A Journal of Gender and Sexuality
Promulgated at Pamiers (Languedoc, France), 1stDecember 1212 by Simon de Montfort after its first great victory during the Albigensian Crusade, those Statutes (juridical texts) are known as the introductory act for the Coutume of Paris in Languedoc, and more specifically regarding heirs rights. Redacted for the administration of newly conquest territories, the establishment of peace and to promote catholic faith against heresy and Languedocians owners of the land, theses Statutes dispose on women in their three final articles. More particularly, the article 46 concerns nobles and heirs women and decides, thanks to matrimony institution, who (and how) they …
From Marriage Equality To Amazon: Marek Bute, Rwu Class Of 2005 (May 2018), Roger Williams University School Of Law
From Marriage Equality To Amazon: Marek Bute, Rwu Class Of 2005 (May 2018), Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The Invisible Minority: Discrimination Against Bisexuals In The Workplace, Elizabeth Childress Burneson
The Invisible Minority: Discrimination Against Bisexuals In The Workplace, Elizabeth Childress Burneson
University of Richmond Law Review
The Lesbian, Gay, Bisexual, Transgender, and Queer (“LGBTQ+”) community has won major legal victories in the last twenty years, but at least one group remains left behind in those victories. The bisexual population is often ignored, erased, and discriminated against by both homosexual and heterosexual individuals and communities. This is true despite the fact that bisexuals outnumber both lesbian women and gay men. This erasure and discrimination affects bisexuals in different areas of life and the law, including the employment context. Title VII of the Civil Rights Act of 1964 (“Title VII”), which protects against employment discrimination on the basis …
Federalism And The State Police Power: Why Immigration And Customs Enforcement Must Stay Away From State Courthouses, George Bach
Federalism And The State Police Power: Why Immigration And Customs Enforcement Must Stay Away From State Courthouses, George Bach
Faculty Scholarship
The Trump Administration’s rhetoric and increased immigration enforcement actions have raised the level of fear in immigrant communities. The increased enforcement has included having United States Immigrant and Customs Enforcement (ICE) agents appear at state and local courthouses to detain undocumented immigrants when they arrive for court. This presence has had an adverse effect on domestic violence victims who are immigrants, as they fear encountering immigrations officials at the courthouse. In El Paso, for example, agents detained a woman who was bringing a case of domestic violence against her abuser. There were claims that ICE was tipped off about the …
Silent, Spoken, Written, And Enforced: The Role Of Law In The Construction Of The Post-Colonial Queerphobic State, Chan Tov Mcnamarah
Silent, Spoken, Written, And Enforced: The Role Of Law In The Construction Of The Post-Colonial Queerphobic State, Chan Tov Mcnamarah
Cornell International Law Journal
Debates over the origins of queerphobia in post-colonial African nations are legion. The conversation is dominated by opinions that paint Africans as inherently more violent towards, and less tolerant of sexual minorities than their Western counterparts. Less present in the conversation is the view that colonially-imposed laws have played a significant role in the creation of queerphobic, post-colonial African states. However, as this Note contends, neither perspective fully accounts for regional variations in levels of queerphobia throughout the African continent. In response, this Note presents a model that tracks the role of law in the production of queerphobic sentiment prior …
Gender Nonconforming Expression And Binary Thinking: Understanding How Implicit Bias Becomes Explicit In The Legal System, Considering The Shooting Death Of Philando Castile, Patrick C. Brayer
Faculty Works
Theorists, poets, and artists are taking the lead in advancing the conversation about gender fluidity and the plight of people with non-binary gender identities. This essay is about what practitioners who combat implicit bias in the legal profession can learn from artists and thinkers on the cutting edge of gender non-conforming expression. Understanding how individuals stigmatize, and at times discriminate against, gender fluid people by limited and binary thinking is an important progression in comprehending how implicit bias (specifically against people of color) becomes explicit and influences legal actors including law enforcement and jurors. The tragic shooting of Philando Castile …
Beyond The Movement: State Action In Addressing Campus Sexual Violence, Amijo Wadena
Beyond The Movement: State Action In Addressing Campus Sexual Violence, Amijo Wadena
Political Science Theses and Capstones
The "Me Too" movement, started by actress Alyssa Milano, has helped shine a light on the prevalence of sexual harassment and sexual violence throughout the country. While it has helped the public understand the magnitude of the issue, it has only started the conversation about sexual violence. And while the focus has mostly been on Hollywood, there has been one area that is being overlooked; sexual violence on College and University campuses. With Secretary DeVos' repeal of Obama era policies, the current administration is being a lot less transparent when it comes to sexual violence, in general. With policy-making responsibility …
Personhood Seeking New Life With Republican Control, Jonathan F. Will, I. Glenn Cohen, Eli Y. Adashi
Personhood Seeking New Life With Republican Control, Jonathan F. Will, I. Glenn Cohen, Eli Y. Adashi
Indiana Law Journal
Just three days prior to the inauguration of Donald J. Trump as President of the United States, Representative Jody B. Hice (R-GA) introduced the Sanctity of Human Life Act (H.R. 586), which, if enacted, would provide that the rights associated with legal personhood begin at fertilization. Then, in October 2017, the Department of Health and Human Services released its draft strategic plan, which identifies a core policy of protecting Americans at every stage of life, beginning at conception. While often touted as a means to outlaw abortion, protecting the “lives” of single-celled zygotes may also have implications for the practice …
The Normalization Of Prostitution In Switzerland: The Origin Of Policies, Corinne Isler, Marjut Jyrkinen
The Normalization Of Prostitution In Switzerland: The Origin Of Policies, Corinne Isler, Marjut Jyrkinen
Dignity: A Journal of Analysis of Exploitation and Violence
In this article, we examine how socio-political actors frame prostitution and problems attached to the phenomenon and what types of policies they suggest. The sex trade in Switzerland has been tolerated since 1942, and prostitution is protected under the economic freedom guaranteed by the Swiss constitution. Any critique of prostitution is viewed as counterproductive, claimed to be rooted in old-fashioned ideas about sexuality and thought to worsen the situation for women who sell sex. The role of sex buyers is largely obscured, and the presumed right to buy sex remains unquestioned.
Gender Violence And Human Rights In An Era Of Backlash, Julie Goldscheid
Gender Violence And Human Rights In An Era Of Backlash, Julie Goldscheid
William & Mary Journal of Race, Gender, and Social Justice
This Article brings the lens of civil cases seeking accountability for gender violence to the question of how international human rights decisions interpret gender and gender norms. It argues that a broad interpretation of gender is particularly critical as we face increasing backlash globally. It demonstrates how international human rights decisions assessing state responses to gender violence recognize the role of historic gender biases and stereotypes in holding states to account for redressing discriminatory responses to abuse, and considers structural limitations in those instruments that could impede those instruments’ transformative reach.
Reimagining Justice For Gender-Based Crimes At The Margins: New Legal Strategies For Prosecuting Isis Crimes Against Women And Lgbtiq Persons, Lisa Davis
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Sadomasochism: Descent Into Darkness, Annotated Accounts Of Cases, 1996-2014, Robert Peters
Sadomasochism: Descent Into Darkness, Annotated Accounts Of Cases, 1996-2014, Robert Peters
Dignity: A Journal of Analysis of Exploitation and Violence
A collection of accounts of sadomasochistic sexual abuse from news reports and scholarly and professional sources about the dark underbelly of sadomasochism and the pornography that contributes to it. It focuses on crimes and other harmful sexual behavior related to the pursuit of sadistic sexual pleasure in North America and the U.K. It is intended to be a resource to educate people about how sadomasochism can lead to harmful and even deadly sadistic sexual behavior.
Holy Gender! Promoting Free Exercise Of Gender By Discernment Without Establishing Binary Sex Or Compulsory Fluidity, José Gabilondo
Holy Gender! Promoting Free Exercise Of Gender By Discernment Without Establishing Binary Sex Or Compulsory Fluidity, José Gabilondo
Seattle Journal for Social Justice
No abstract provided.
Law Library Blog (March 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (March 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
What Judges Need To Know: Schemas, Implicit Bias, And Empirical Research On Lgbt Parenting And Demographics, Todd Brower
What Judges Need To Know: Schemas, Implicit Bias, And Empirical Research On Lgbt Parenting And Demographics, Todd Brower
DePaul Journal of Women, Gender and the Law
No abstract provided.
Tik Tok: Time To Eradicate Sexual Assault In The Music Industry Through The Implied Covenant Of Good Faith And Fair Dealing, Chanel Chasanov
Tik Tok: Time To Eradicate Sexual Assault In The Music Industry Through The Implied Covenant Of Good Faith And Fair Dealing, Chanel Chasanov
DePaul Journal of Women, Gender and the Law
No abstract provided.
Intersectionality As An Institution: Changing The Definition Of Feminism, Holly Sanchez Perry Esq.
Intersectionality As An Institution: Changing The Definition Of Feminism, Holly Sanchez Perry Esq.
DePaul Journal of Women, Gender and the Law
No abstract provided.
Fairness At A Price: Protecting The Integrity Of Athletic Competitions At The Expense Of Female Athletes, Annie Bach Yen Nguyen
Fairness At A Price: Protecting The Integrity Of Athletic Competitions At The Expense Of Female Athletes, Annie Bach Yen Nguyen
Notre Dame Journal of International & Comparative Law
Ever since women were allowed to compete in the Olympics, they have been subjected to some form of gender verification. Initially, the International Olympic Committee (IOC) and International Amateur Athletic Federation (IAAF) required female athletes to present certificates from their doctors confirming that they were in fact women. In 1966, the IOC and the IAAF “decided they couldn’t trust individual nations to certify femininity, and instead implemented a mandatory genital check of every woman competing at international games.” This process was dubbed the “nude parades”. In response to the overwhelming disapproval of such examination, the IOC and IAAF began implementing …
Surrogate Mothers, Gestational Carriers, And A Pragmatic Adaptation Of The Uniform Parentage Act Of 2000, John C. Sheldon
Surrogate Mothers, Gestational Carriers, And A Pragmatic Adaptation Of The Uniform Parentage Act Of 2000, John C. Sheldon
Maine Law Review
Recent medical advances that permit human conception without intercourse, in combination with sociological changes in our country, dramatically enlarge the population of adults who can produce or raise children. The legal price for this broadening of opportunity, however, is a diminishment of certainty: We are no longer sure whom we should identify as a child's parents. These are important questions, of course, because ready answers will quickly dampen disputes about custody and will immediately establish support obligations and the children's eligibility for health insurance, for inheritance, for Workers' Compensation benefits, and for Social Security survivor benefits. But as important as …
The Communications Decency Act: Immunity For Internet-Facilitated Commercial Sexual Exploitation, Haley C. Halverson
The Communications Decency Act: Immunity For Internet-Facilitated Commercial Sexual Exploitation, Haley C. Halverson
Dignity: A Journal of Analysis of Exploitation and Violence
This paper reviews the original intent and historical application of the Communications Decency Act (CDA), most notably Section 230, with special regard to cases of Internet-facilitated commercial sexual exploitation. Although the CDA was originally created to protect children online, Section 230 of the CDA has been interpreted by the courts to grant broad immunities to websites facilitating the sexual exploitation of children and adults alike. Through analyzing the genesis and evolution of the CDA, it becomes clear that court interpretations of Section 230 are starkly inconsistent with original Congressional intent, and that the primary way to avoid de facto decriminalization …
Perfecting Procreation, Courtney Cahill
Sb 104 - Carjacking, Fentanyl And "Upskirting", Katherine H. Krouse, Lauren R. Light
Sb 104 - Carjacking, Fentanyl And "Upskirting", Katherine H. Krouse, Lauren R. Light
Georgia State University Law Review
The Act includes various amendments to Georgia’s criminal code. Three changes are most notable. First, the Act designates the offense of hijacking a motor vehicle as hijacking a motor vehicle in the first degree and creates the offense of hijacking a motor vehicle in the second degree. Second, the Act criminalizes the use of a device to film underneath or through an individual’s clothing. Lastly, the Act adds the drug Fentanyl and its various analogs to the list of controlled substances.
After Sex, Courtney Megan Cahill
"The Way I Felt": Creating A Model Statute To Address Sexual Offenses Which Utilize Virtual Reality, Ryan Esparza
"The Way I Felt": Creating A Model Statute To Address Sexual Offenses Which Utilize Virtual Reality, Ryan Esparza
Criminal Law Practitioner
No abstract provided.