Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Gender (25)
- Civil Rights and Discrimination (23)
- Law and Race (19)
- Law and Society (16)
- Legal Profession (15)
-
- Constitutional Law (5)
- Criminal Law (3)
- Family Law (3)
- First Amendment (3)
- Civil Law (2)
- Fourteenth Amendment (2)
- Health Law and Policy (2)
- Human Rights Law (2)
- Law and Philosophy (2)
- Law and Politics (2)
- Legal Ethics and Professional Responsibility (2)
- Religion Law (2)
- Courts (1)
- Education Law (1)
- Housing Law (1)
- Intellectual Property Law (1)
- Judges (1)
- Jurisprudence (1)
- Labor and Employment Law (1)
- Law and Economics (1)
- Law and Psychology (1)
- Legal Education (1)
- Legal History (1)
- Keyword
-
- Gender (15)
- Culture (14)
- Diversity (14)
- Equality (14)
- Equity (14)
-
- Inclusion (14)
- Race (14)
- Sexuality (3)
- Abortion (1)
- Africa (1)
- Age of Rights (1)
- Anti-discrimination (1)
- Anti-prostitution (1)
- BIPOC; Board of Education v. Pico; book bans; book removals; constitutional law; equal protection; First Amendment; LGBTQ; PEN American Center v. Escambia County; right to receive information (1)
- Bondo (1)
- Carole Pateman (1)
- Civil rights (1)
- Civil rights; constitutional law; religion; sexual orientation; race (1)
- Classism (1)
- Constitutional law; LGBTQ; transgender; gender; gender identity; fourteenth amendment; sex; gender markers; identity documents (1)
- Constitutional law; family law; race; sexual orientation (1)
- Cross-cultural Human Rights Activism (1)
- Due process; dead defendants; victim impact (1)
- Due process; title ix (1)
- Female genital mutilation (1)
- Feminism (1)
- Feminist Critique (1)
- Feminist Legal Theory (1)
- Feminist Study (1)
- HIV/AIDS (1)
- Publication Year
- Publication
- Publication Type
Articles 31 - 46 of 46
Full-Text Articles in Sexuality and the Law
Naming Men As Men In Corporate Legal Practice: Gender And The Idea Of “Virtually 24/7 Commitment” In Law, Richard Collier
Naming Men As Men In Corporate Legal Practice: Gender And The Idea Of “Virtually 24/7 Commitment” In Law, Richard Collier
Fordham Law Review
This Article seeks to reframe and turn the conversation about gender equity in the legal profession on its head, taking up Hannah Brenner’s recent call to reconceptualize problems and rethink solutions around gender equity in the profession. It does so by moving beyond the frame of the retention of women and exploring selected aspects of the gendered practices of men in relation to this notion of the ideal legal professional in large transnational “city” law firms. The Article traces how particular ideas about men and gender are, on closer examination, implicated in a broader recasting of lawyer professionalism within the …
U.S. Global Aids Funding And Its Discontents: Why The Supreme Court Must Strike Down The Anti-Prostitution Pledge, Chi Adanna Mgbako
U.S. Global Aids Funding And Its Discontents: Why The Supreme Court Must Strike Down The Anti-Prostitution Pledge, Chi Adanna Mgbako
Faculty Scholarship
This op-ed recommends that the U.S. Supreme Court strike down the "anti-prostitution pledge," a Congressional requirement forcing organizations receiving U.S. global AIDS funding to adopt policies "opposing prostitution and sex trafficking."
Review Of Out In Africa: Lgbt Organizing In Namibia And South Africa, Chi Adanna Mgbako
Review Of Out In Africa: Lgbt Organizing In Namibia And South Africa, Chi Adanna Mgbako
Faculty Scholarship
This is a review of the book Out in Africa: LGBT Organizing in Namibia and South Africa by Ashley Currier.
Penetrating The Silence In Sierra Leone: A Blueprint For The Eradication Of Female Genital Mutilation, Chi Adanna Mgbako, Meghna Saxena, Anna Cave, Nasim Farjad, Helen Shin
Penetrating The Silence In Sierra Leone: A Blueprint For The Eradication Of Female Genital Mutilation, Chi Adanna Mgbako, Meghna Saxena, Anna Cave, Nasim Farjad, Helen Shin
Faculty Scholarship
The African grassroots movement to eradicate female genital mutilation (also known as “female genital cutting” and “female circumcision,” hereinafter “FGM”) is widespread. While many African countries and grassroots organizations have made great strides in their efforts to eliminate FGM, Sierra Leone lags behind. In Sierra Leone, FGM is practiced within the bondo secret society, an ancient, all-female commune located in West Africa and also known as the sande. The bondo society’s traditional role was to direct girls’ rites of passage into adulthood. In order to become a member of the bondo, a girl or woman must undergo various rituals, the …
Dissident Citizen, The Symposium: Sexuality & Gender Law: Assessing The Field, Envisioning The Future, Sonia K. Katyal
Dissident Citizen, The Symposium: Sexuality & Gender Law: Assessing The Field, Envisioning The Future, Sonia K. Katyal
Faculty Scholarship
We have arrived at a crossroads in terms of the intersection between law, sexuality, and globalization. Historically, and even today, the majority of accounts of GLBT migration tend to remain focused on “a narrative of movement from repression to freedom, or a heroic journey undertaken in search of liberation.” Within this narrative, the United States is usually cast as a land of opportunity and liberation, a place that represents freedom from discrimination and economic opportunity. But this narrative also elides the complexity that erupts from grappling with the reality that many other jurisdictions outside of the United States can be …
Sexuality And Sovereignty: The Global Limits And Possibilities Of Lawrence Symposium: Legal Rights In Historical Perspective: From The Margins To The Mainstream, Sonia K. Katyal
Faculty Scholarship
In the summer of 2003, the Supreme Court handed gay and lesbian activists a stunning victory in the decision of Lawrence v. Texas, which summarily overruled Bowers v. Hardwick. At issue was whether Texas' prohibition of same-sex sexual conduct violated the Due Process Clause of the U.S. Constitution. In a powerful, poetic, and strident opinion, Justice Kennedy, writing for a six-member majority, reversed Bowers, observing that individual decisions regarding physical intimacy between consenting adults, either of the same or opposite sex, are constitutionally protected, and thus fall outside of the reach of state intervention. Volumes can be written about the …
"Partial Birth" Abortion And The Health Exception: Protecting Maternal Health Or Risking Abortion On Demand?, Gail Glidewell
"Partial Birth" Abortion And The Health Exception: Protecting Maternal Health Or Risking Abortion On Demand?, Gail Glidewell
Fordham Urban Law Journal
This note, which analyzes the central role of women's health in the debate over the limits of abortion rights, explores the implications of the Supreme Court's decision in Stenberg v. Carhart to invalidate a Nebraska statute banning partial birth abortion. Specifically, this note questions whether the Court's decision in Stenberg effectively requires that all future statutes banning partial birth abortion contain an exception for instances in which abortions are medically necessary to protect the health of the woman, and how such a requirement might be structured. The author answers the question in the affirmative, and argues that while broader exceptions …
Marriage: Winning And Keeping The Freedom To Marry Nationally And In New York, Evan Wolfson, Peter Sherwin, Tim Sweeney, Patty Penelosa
Marriage: Winning And Keeping The Freedom To Marry Nationally And In New York, Evan Wolfson, Peter Sherwin, Tim Sweeney, Patty Penelosa
Fordham Urban Law Journal
This discussion focuses specifically on how the LGBT community can win the freedom to marry-both nationally and in New York. The panelists discussed the state of the law in New York State, with focus on both legislation and court precedent. The panelists discussed strategies for activity in the state legislature and outreach to the non-LGBT community. Finally, the panelists discussed potential signatories to the Marriage Resolution and how different groups are conducting outreach to attain support for the Resolution.
Is Sexual Orientation Immutable?: Presenting Scientific Evidence In Litigation To Gain Strict Scrutiny, Dan Brook, Suzanne Goldberg, Kate Diaz
Is Sexual Orientation Immutable?: Presenting Scientific Evidence In Litigation To Gain Strict Scrutiny, Dan Brook, Suzanne Goldberg, Kate Diaz
Fordham Urban Law Journal
The panelists discussed the issue of immutability. Professor Goldberg explored the legal landscape, the use of scientific evidence related to immutability at trial, with a particular focus on Romer v. Evans, and critiqued the use of science-based immutability evidence in litigation. Dr. Brook looked at a number of studies in the etiology of homosexuality, and concluded that the best method of determining immutability scientifically is looking at studies that seek to determine if, and how easily, sexuality can be changed. Finally, Ms. Diaz discussed the political economy of theories of homosexuality, looking at the examples of the political economy and …
Gender Theory And Lesbian, Gay, Bisexual And Transgendered Empowerment, Cynthia R. Kern, Paisley Currah, Dana Turner, Katherine Franke
Gender Theory And Lesbian, Gay, Bisexual And Transgendered Empowerment, Cynthia R. Kern, Paisley Currah, Dana Turner, Katherine Franke
Fordham Urban Law Journal
The panelists discussed the landscape of the law and societal conditions faced by transgendered individuals. They discussed the role of gender, as well as strategic errors in transgendered activism and the unique challenges that transgendered individuals face in the United States. Finally, the Price Waterhouse v. Hopkins decisions was discussed in the context of Title VII protections for transgendered individuals.
Sticks And Stones: The Nexis Between Hate Speech And Violence, Jack Chen, Laura Edidin, Brian Levin, Jack Battaglia
Sticks And Stones: The Nexis Between Hate Speech And Violence, Jack Chen, Laura Edidin, Brian Levin, Jack Battaglia
Fordham Urban Law Journal
The panelists discussed hate speech and how it relates to bias crimes. Examples were given of hate speech experienced by people of LGBT and HIV status. Panelists discussed legislative activity in different states, how hate crime legislation works, Supreme Court speech jurisprudence, and about pending Congressional legislation that sought to include sexual orientation. Finally, the panel focused on hate speech on campuses, including legal developments, responsibility, and remedies.
Name Reporting And Partner Notification Legislation, Catherine Hanssens, Matthew Carmody, Haley Gorenberg, Mildred Pinot
Name Reporting And Partner Notification Legislation, Catherine Hanssens, Matthew Carmody, Haley Gorenberg, Mildred Pinot
Fordham Urban Law Journal
The panelists discussed the issues of names-based HIV reporting and partner notification. The discussion focused on why names reporting became such an important and controversial issue. The Centers for Disease Control and Prevention waged an aggressive campaign in states to institute a national system of HIV test reporting, arguing that it is essential to get a more accurate picture of the epidemic and facilitate individual follow-up. The panelists assessed the pros and cons of this program. Name reporting and partner notification under New York law were also addressed. Finally, the panelists provided discussion on how those contemplating getting tested or …
Roundtable Discussion: Where Do We Go From Here? Lesbian, Gay, Bisexual And Transgendered Civil Rights Into The Next Millennium, Hon. Deborah A. Batts, Matt Coles, Paula Ettelbrick, Evan Wolfson
Roundtable Discussion: Where Do We Go From Here? Lesbian, Gay, Bisexual And Transgendered Civil Rights Into The Next Millennium, Hon. Deborah A. Batts, Matt Coles, Paula Ettelbrick, Evan Wolfson
Fordham Urban Law Journal
This roundtable discussion focuses on the identification of goals and priorities for the LGBT community, particularly in the political arena. The panelists discuss the challenges of the legislative process, as well as the educational value of legislative activism in the community. Finally, they discuss the variety of strategies used by different groups, and explored ways of working together for future political battles.
Sexual/Gender Identity In The Criminal Courts, Alexis Baden-Mayer, Hon. Paul G. Feinman, Lori Cohen, Hon. Michael A. Sonberg
Sexual/Gender Identity In The Criminal Courts, Alexis Baden-Mayer, Hon. Paul G. Feinman, Lori Cohen, Hon. Michael A. Sonberg
Fordham Urban Law Journal
This discussion focuses on the criminal justice system, particularly where LGBT individuals are currently being harmed, both by the courts, enforcement, and the system generally. The panelists identified the major harms, and explored ways to eliminate them from the system. The discussion specifically focused on the limitations of domestic violence programs, and the challenges they pose to the community. The panelists also discussed the significance of HIV in criminal justice decision making.
Reviving The Public/Private Distinction In Feminist Theorizing Symposium On Unfinished Feminist Business, Tracy E. Higgins
Reviving The Public/Private Distinction In Feminist Theorizing Symposium On Unfinished Feminist Business, Tracy E. Higgins
Faculty Scholarship
The public/private distinction has been a target of thoroughgoing feminist critique for quite some time now. Indeed, attacking the public/private line has been one of the primary concerns (if not the primary concern) of feminist legal theorizing for over two decades. If Carole Pateman is correct, one would think that this particular problem might be assigned to the category of "finished business" by this time. In this Essay, I do argue that the critique is, in certain ways, finished business in that it is no longer particularly useful in its most common forms. More importantly, however, I suggest several ways …
Regarding Rights: An Essay Honoring The Fiftieth Anniversary Of The Universal Declaration Of Human Rights Introduction: Locating Culture, Identity, And Human Rights Symposium In Celebration Of The Fiftieth Anniversary Of The Universal Declaration Of Human Rights, Tracy E. Higgins
Faculty Scholarship
The half-century since the drafting of the Universal Declaration of Human Rights' has been famously heralded as the "Age of Rights" and the concept of human rights described as "the only political-moral idea that has gained universal acceptance." During the same period, however, both terms defining the subject-human and rights-have become increasingly contested. Informed by the emergence of identity-based political movements, critics have attacked the category human has as bearing the baggage of Western Enlightenment assumptions about personhood and community, inherently racist, sexist, and classist. Theorists across the political spectrum have criticized the concept of rights as indeterminate, destructive of …