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Sexuality and the Law Commons

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Maurer School of Law: Indiana University

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Articles 61 - 90 of 105

Full-Text Articles in Sexuality and the Law

Sexuality And Global Forces: Dr. Alfred Kinsey And The Supreme Court Of The United States (Branigin Lecture), Michael D. Kirby Jul 2007

Sexuality And Global Forces: Dr. Alfred Kinsey And The Supreme Court Of The United States (Branigin Lecture), Michael D. Kirby

Indiana Journal of Global Legal Studies

Branigin Lecture, presented at Indiana University on October 14,2006.


Exposing Sex Stereotypes In Recent Same-Sex Marriage Jurisprudence, Deborah A. Widiss, Elizabeth Rosenblatt, Douglas Nejaime Jan 2007

Exposing Sex Stereotypes In Recent Same-Sex Marriage Jurisprudence, Deborah A. Widiss, Elizabeth Rosenblatt, Douglas Nejaime

Articles by Maurer Faculty

This article examines sex discrimination arguments in recent same-sex marriage cases. Since 1993, when the Hawaii Supreme Court held in Baehr v. Lewin that denying same-sex couples the right to marry could state a claim of sex discrimination, every state high court to consider the issue has rejected the claim. But many recent decisions have in fact relied upon sex-based stereotypes to justify marriage restrictions. These include claims that men and women, simply by virtue of their gender, provide distinct role models for children; that men and women play "opposite" or "complementary" roles within marriage; and that marriage is essential …


Conceptualizing Violence Against Pregnant Women, Deborah Tuerkheimer Apr 2006

Conceptualizing Violence Against Pregnant Women, Deborah Tuerkheimer

Indiana Law Journal

No abstract provided.


Federalism, The Commerce Clause, And The Constitutionality Of The Unborn Victims Of Violence Act Of 2004, Ryan R. Wilmering Oct 2005

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.


Reconsidering Severe Or Pervasive: Aligning The Standard In Sexual Harassment And Racial Harassment Causes Of Action, Heather L. Kleinschmidt Oct 2005

Reconsidering Severe Or Pervasive: Aligning The Standard In Sexual Harassment And Racial Harassment Causes Of Action, Heather L. Kleinschmidt

Indiana Law Journal

No abstract provided.


Lucky: The Sequel, Martha Chamallas Apr 2005

Lucky: The Sequel, Martha Chamallas

Indiana Law Journal

No abstract provided.


Contesting Gender In Popular Culture And Family Law: Middlesex And Other Transgender Tales, Susan Frelich Appleton Apr 2005

Contesting Gender In Popular Culture And Family Law: Middlesex And Other Transgender Tales, Susan Frelich Appleton

Indiana Law Journal

No abstract provided.


Reconsidering Attraction In Sexual Harassment, Martin J. Katz Jan 2004

Reconsidering Attraction In Sexual Harassment, Martin J. Katz

Indiana Law Journal

No abstract provided.


"On The Chastity Of Women All Property In The World Depends" : Injury From Sexual Slander In The Nineteenth Century, Lisa R. Pruitt Oct 2003

"On The Chastity Of Women All Property In The World Depends" : Injury From Sexual Slander In The Nineteenth Century, Lisa R. Pruitt

Indiana Law Journal

In this Article, Professor Pruitt discusses conceptions of the injury associated with defamation law, focusing in particular on sexual slander cases that were brought in the early nineteenth century, before statements that impugned a woman's chastity were deemed slander per se. During this time, women had to prove so-called "special damages" in order to state a cause of action. Courts showed some flexibility in what they recognized as constituting "special damages," even stretching to recognize pecuniary harm in damaged personal relationships. Nevertheless, courts refused to recognize injuries stemming from and related to emotional distress injuries, and they were often skeptical …


Law As A Reflection Of Her/His-Story: Current Institutional Perceptions Of, And Possibilities For, Protecting Transsexuals' Interests In Legal Determinations Of Sex, Jody L. Madeira Jan 2002

Law As A Reflection Of Her/His-Story: Current Institutional Perceptions Of, And Possibilities For, Protecting Transsexuals' Interests In Legal Determinations Of Sex, Jody L. Madeira

Articles by Maurer Faculty

No abstract provided.


A Conservative Defense Of Romer V. Evans, Dale Carpenter Apr 2001

A Conservative Defense Of Romer V. Evans, Dale Carpenter

Indiana Law Journal

No abstract provided.


Multivocal Prejudices And Homo Equality, William N. Eskridge Oct 1999

Multivocal Prejudices And Homo Equality, William N. Eskridge

Indiana Law Journal

Addison C. Harris Lecture, October 27, 1998, Indiana University Law School.


"Distinctions Without A Difference"; How The Sixth Circuit Misread Romer V. Evans, Jason D. Kimpel Jul 1999

"Distinctions Without A Difference"; How The Sixth Circuit Misread Romer V. Evans, Jason D. Kimpel

Indiana Law Journal

No abstract provided.


Intercountry Adoption Under The Hague Convention: Still An Attractive Option For Homosexuals Seeking To Adopt?, Lisa Hillis Oct 1998

Intercountry Adoption Under The Hague Convention: Still An Attractive Option For Homosexuals Seeking To Adopt?, Lisa Hillis

Indiana Journal of Global Legal Studies

No abstract provided.


The Legitimacy Of Cross-Gender Searches And Surveillance In Prisons: Defining An Appropriate And Uniform Review, Karoline E. Jackson Jul 1998

The Legitimacy Of Cross-Gender Searches And Surveillance In Prisons: Defining An Appropriate And Uniform Review, Karoline E. Jackson

Indiana Law Journal

No abstract provided.


Equality Under The Law Or Annihilation Of Marriage And Morals? The Same-Sex Marriage Debate, Germaine Winnick Willett Jan 1997

Equality Under The Law Or Annihilation Of Marriage And Morals? The Same-Sex Marriage Debate, Germaine Winnick Willett

Indiana Law Journal

No abstract provided.


Suppressing Memory, Lynne N. Henderson Jan 1997

Suppressing Memory, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.


Without Narrative: Child Sexual Abuse, Lynne N. Henderson Jan 1997

Without Narrative: Child Sexual Abuse, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.


Pornography Drives Technology: Why Not To Censor The Internet, Peter Johnson Nov 1996

Pornography Drives Technology: Why Not To Censor The Internet, Peter Johnson

Federal Communications Law Journal

Historically, the development of new media has been advanced by the creators of pornography. This was evident as communications media evolved from vernacular speech to movable type, to photography, to paperback books, to videotape, to cable and pay-TV, to 900 phone lines, to the French Minitel, and to the Internet. In short, pornography, far from being an evil that the First Amendment must endure, is a positive good that encourages experimentation with new technology. Accordingly, society should not view cyberpornographers as pariahs, rather they should be viewed as explorers who pave the roads for civilization to follow.


Custody And Conduct: How The Law Fails Lesbian And Gay Parents And Their Children, Julie Shapiro Jul 1996

Custody And Conduct: How The Law Fails Lesbian And Gay Parents And Their Children, Julie Shapiro

Indiana Law Journal

No abstract provided.


With Justice For Whom? The Presumption Of Moral Innocence In Rape Trials, Stacey Pastel Dougan Apr 1996

With Justice For Whom? The Presumption Of Moral Innocence In Rape Trials, Stacey Pastel Dougan

Indiana Law Journal

No abstract provided.


Preventing Sexual Violence: Setting Principled Constitutional Boundaries On Sex Offender Commitments, Eric S. Janus Jan 1996

Preventing Sexual Violence: Setting Principled Constitutional Boundaries On Sex Offender Commitments, Eric S. Janus

Indiana Law Journal

No abstract provided.


Book Review. Sexual Abuse By Professionals: A Legal Guide By Steven B. Bisbing, Et.Al., Juliet Casper Smith Jan 1996

Book Review. Sexual Abuse By Professionals: A Legal Guide By Steven B. Bisbing, Et.Al., Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Reading, Writing, And Sexual Harassment: Finding A Constitutional Remedy When Schools Fail To Address Peer Abuse, Karen Mellencamp Davis Oct 1994

Reading, Writing, And Sexual Harassment: Finding A Constitutional Remedy When Schools Fail To Address Peer Abuse, Karen Mellencamp Davis

Indiana Law Journal

No abstract provided.


With All Deliberate Speed? A Reply To Professor Sunstein, Marc A. Fajer Jan 1994

With All Deliberate Speed? A Reply To Professor Sunstein, Marc A. Fajer

Indiana Law Journal

No abstract provided.


Homosexuality And The Constitution, Cass R. Sunstein Jan 1994

Homosexuality And The Constitution, Cass R. Sunstein

Indiana Law Journal

No abstract provided.


The Right Not To Endorse Gay Rights: A Reply To Sunstein, Craig M. Bradley Jan 1994

The Right Not To Endorse Gay Rights: A Reply To Sunstein, Craig M. Bradley

Indiana Law Journal

No abstract provided.


Revisiting Roe V. Wade: Substance And Process In The Abortion Debate, Margaret G. Farrell Apr 1993

Revisiting Roe V. Wade: Substance And Process In The Abortion Debate, Margaret G. Farrell

Indiana Law Journal

No abstract provided.


The Violence Against Women Act: Civil Rights For Sexual Assault Victims, W. H. Hallock Apr 1993

The Violence Against Women Act: Civil Rights For Sexual Assault Victims, W. H. Hallock

Indiana Law Journal

No abstract provided.


Beyond Maryland V. Craig: Can And Should Adult Rape Victims Be Permitted To Testify By Closed-Circuit Television?, Lisa Hamilton Thielmeyer Jul 1992

Beyond Maryland V. Craig: Can And Should Adult Rape Victims Be Permitted To Testify By Closed-Circuit Television?, Lisa Hamilton Thielmeyer

Indiana Law Journal

No abstract provided.