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Articles 31 - 42 of 42
Full-Text Articles in Sexuality and the Law
Second-Parent Adoption, Patricia J. Falk
Second-Parent Adoption, Patricia J. Falk
Cleveland State Law Review
My topic for today's presentation is second-parent adoption. I hope to accomplish four things in my discussion. First, I will define second-parent adoption and give some reasons that it is desirable for both parents and children. Second, I will summarize the state of the law in terms of legislative enactments and case law in the United States. Third, I will discuss the role of social science in second-parent adoption cases. Finally, I will discuss some of the implications of recognizing these adoptions.
The First Amendment's Petition Clause As An Alternative Basis For Challenging Voter Initiatives That Burden The Enactment Of Anti-Discrimination Protection For Gays, Lesbians, And Bisexuals, Kevin Francis O'Neill
The First Amendment's Petition Clause As An Alternative Basis For Challenging Voter Initiatives That Burden The Enactment Of Anti-Discrimination Protection For Gays, Lesbians, And Bisexuals, Kevin Francis O'Neill
Cleveland State Law Review
The purpose of my remarks today is to suggest that the First Amendment-specifically, the Petition Clause of the First Amendment provides an alternative basis for vindicating gay, lesbian, and bisexual rights in certain cases. At least in the context of voter initiatives that seek to abolish anti-discrimination protection for sexual orientation, the Petition Clause is a promising alternative to equal protection and substantive due process. My objective here was merely to plant a seed: to identify an alternative basis for vindicating the rights of gays, lesbians, and bisexuals-especially when combatting homophobic voter initiatives like those in Romer and Cincinnati. It's …
Consent To Sperm Retrieval And Insemination After Death Or Persistent Vegatative State, Carson Strong
Consent To Sperm Retrieval And Insemination After Death Or Persistent Vegatative State, Carson Strong
Journal of Law and Health
Although a number of additional legal questions can be raised, including issues of paternity and inheritance, this paper focuses on the legal issues pertaining to consent, as well as the ethical questions raised above, which need to be discussed in order to address adequately the legal consent issues. The paper is organized as follows: first, the current law of consent to sperm retrieval and insemination after death or PVS is discussed in order to identify gaps in the law - areas that the law does not address or concerning which it is unclear; second, ethical issues are discussed that are …
Second-Parent Adoption By Same-Sex Couples In Ohio: Unsettled And Unsettling Law, Susan J. Becker
Second-Parent Adoption By Same-Sex Couples In Ohio: Unsettled And Unsettling Law, Susan J. Becker
Cleveland State Law Review
In addition to the need for homes for children without any legally recognized parent, the need for a child who already has one legal parent to be adopted by the parent's gay or lesbian partner who is already serving as a de facto parent is very important to the child's emotional stability and material well being. This type of adoption, frequently referred to as a "second-parent" adoption,' is the focal point of this article. However, the matters discussed herein also apply directly and by analogy to situations where gay and lesbian couples and heterosexual unmarried couples desire to jointly adopt …
The Strengths And Weaknesses Of Local Human Rights Ordinances, Robert Salem
The Strengths And Weaknesses Of Local Human Rights Ordinances, Robert Salem
Cleveland State Law Review
This panel will discuss the prospects and perils of local human rights initiatives. Specifically, I will talk about the nature of these local initiatives and their advantages and disadvantages. Time permitting, I will also talk about our successful effort last year in Toledo, Ohio to pass a human rights ordinance that includes sexual orientation as a protected category, and why it is so crucial that lawyers and law professors become involved in these local campaigns. I believe that with determination, most communities can achieve what we did in Toledo. Local human rights ordinances (HROs) take a variety of forms, and …
Gender Discrimination Within The Reproductive Health Care System: Viagra V. Birth Control, Lisa A. Hayden
Gender Discrimination Within The Reproductive Health Care System: Viagra V. Birth Control, Lisa A. Hayden
Journal of Law and Health
This Article begins with an examination of the prescription drug, Viagra and the medical condition it is intended to aid. Additionally, this Article evaluates the five most common, and FDA approved forms of contraceptives: contraceptive pills, intrauterine devices (IUD's), Depo-Provera shots, Norplant inserts and diaphragms. A basic understanding of the above prescriptions is necessary to determine if health care inequity exists between men and women in the area of prescriptive coverage, or if there is such a difference between the medical conditions involved that insurance companies are justified in excluding contraceptive coverage while including Viagra coverage. Part III of this …
Domestic Partnership Benefits: Why Not Offer Them To Same-Sex Partners And Unmarried Opposite Sex Partners, Debbie Zielinski
Domestic Partnership Benefits: Why Not Offer Them To Same-Sex Partners And Unmarried Opposite Sex Partners, Debbie Zielinski
Journal of Law and Health
Employers offering these benefits to same-sex domestic partners only, may face legal challenges such as marital status and sexual orientation discrimination or equal protection arguments from their unmarried heterosexual employees. In addition, states and municipalities have been increasing the potential of such litigation by passing laws that prohibit discrimination based on sexual orientation and marital status especially in the areas of housing and employment. This Note examines the potential of such legal challenges when employers use the narrow definition in structuring their domestic partner benefit programs. In addition, avoiding challenges by simply not offering benefits will be discussed. However, before …
Choosing Substantive Justice: A Discussion Of Choice, Rights And The New Reproductive Technologies, April L. Cherry
Choosing Substantive Justice: A Discussion Of Choice, Rights And The New Reproductive Technologies, April L. Cherry
Law Faculty Articles and Essays
This paper is an expanded version of the speech that Professor Cherry presented at the National Women Law Students' Association Conference, entitled Consensus and the Community: Diversifying Our Points of View, at the University of Wisconsin Law School on March l, 1996. For Professor Cherry's complete article on this topic, see 10 Wis. Women's L.J. 161 A Feminist Understanding of Sex-Selective Abortion: Solely a Matter of Choice
Social Contract Theory, Welfare Reform, Race, And The Male Sex-Right, April L. Cherry
Social Contract Theory, Welfare Reform, Race, And The Male Sex-Right, April L. Cherry
Law Faculty Articles and Essays
In this article, Cherry argues that the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) is ultimately a politically undesirable and thinly veiled attack on the reproductive and sexual activities of poor women. In Part I, Cherry examines the development of social contract theory and analyzes social contract theory as a justification for material inequality. Part II examines social contract theory as a justification for the subordination of women. With this theoretical background established, in Part III, Cherry evaluates the current welfare reform proposals as social contract. This section examines the social contractarian language found in the current …
The Ohio Supreme Court Sets The Statute Of Limitations And Adopts The Discovery Rule For Childhood Sexual Abuse Actions: Now It Is Time For Legislative Action, R. Christopher Yingling
The Ohio Supreme Court Sets The Statute Of Limitations And Adopts The Discovery Rule For Childhood Sexual Abuse Actions: Now It Is Time For Legislative Action, R. Christopher Yingling
Cleveland State Law Review
This Note discusses the issue of childhood sexual abuse and challenges the appropriateness of Ohio's current statute of limitations for prosecuting a civil claim of childhood sexual abuse. Part II of this Note describes the problem of child sexual abuse in our society. Part III examines the short-and long-term effects of childhood sexual abuse, particularly memory repression. Part IV reviews the theory of recovered memories and the associated problems with reliability. Part V addresses Ohio's governing statute of limitations for civil claims of childhood sexual abuse. Part VI reviews the history of the discovery rule in Ohio and its application …
The Prevalence Of Social Science In Gay Rights Cases: The Synergistic Influences Of Historical Context, Justificatory Citation, And Dissemination Efforts, Patricia J. Falk
The Prevalence Of Social Science In Gay Rights Cases: The Synergistic Influences Of Historical Context, Justificatory Citation, And Dissemination Efforts, Patricia J. Falk
Law Faculty Articles and Essays
Disjunctive legal change is often accompanied by a period of frantic activity as the competing forces of stasis and evolution vie for domination. Nowhere is the battle for legal change likely to be more sharply joined than when the findings of modern science, in their varied and multifarious forms, are pitted directly against prevailing moral or societal precepts. One of the latest incarnations of this trend is the battle over the legal recognition of gay "rights." In recent history, the courts have been inundated by gay litigants seeking the rights and protections already afforded other discrete groups within society. In …
The Present State Of Sexual Harassment Law: Perpetuating Post Traumatic Stress Disorder In Sexually Harassed Women, Jennifer L. Vinciguerra
The Present State Of Sexual Harassment Law: Perpetuating Post Traumatic Stress Disorder In Sexually Harassed Women, Jennifer L. Vinciguerra
Cleveland State Law Review
This Note will argue that current federal legislation was developed, and has subsequently been interpreted by the courts, with little or no consideration for a victimized woman. Instead of addressing the causes and effects of sexual harassment head on, the legislature has largely ignored the realities of sexual harassment as a traumatizing experience faced by thousands of working women each year. Part H of this Note will address the development and current state of sexual harassment law, as well as the Supreme Court's ruling in Meritor Savings Bank, FSB v. Vinson. Part III will discuss Post Traumatic Stress Disorder as …