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Articles 181 - 210 of 340
Full-Text Articles in Sexuality and the Law
Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein
Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein
Articles
The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better …
Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein
Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein
Articles
The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better …
When Is A Parent Not A Parent? On Doma, Civil Unions, And Presumptions Of Parenthood, Mark Strasser
When Is A Parent Not A Parent? On Doma, Civil Unions, And Presumptions Of Parenthood, Mark Strasser
Cardozo Law Review
No abstract provided.
The Homosexual-Advance Defense And Hate Crimes Statutes: Their Interaction And Conflict, Scott D. Mccoy
The Homosexual-Advance Defense And Hate Crimes Statutes: Their Interaction And Conflict, Scott D. Mccoy
Cardozo Law Review
No abstract provided.
Decriminalization Of Sodomy Under South Africa's 1996 Constitution: Implications For South African And U.S. Law, Heidi Joy Schmid
Decriminalization Of Sodomy Under South Africa's 1996 Constitution: Implications For South African And U.S. Law, Heidi Joy Schmid
Cardozo Journal of International and Comparative Law
The note examines the landmark decision of the South African Constitutional Court in National Coalition for Gay and Lesbian Equality and Another v. Minister of Justice and Another, which invalidated sodomy laws as unconstitutional. The court held that these laws violated rights to dignity, privacy, and equality under the South African Constitution of 1996. Judge Sachs emphasized the interconnectedness of privacy and equality rights, advocating for a broad interpretation of privacy and the importance of dignity in challenging discriminatory laws. The decision not only advanced sexual minority rights in South Africa but also highlighted broader implications for global jurisprudence, …
Video Voyeurism, Privacy, And The Internet: Exposing Peeping Toms In Cyberspace, Clay Calvert, Justin Brown
Video Voyeurism, Privacy, And The Internet: Exposing Peeping Toms In Cyberspace, Clay Calvert, Justin Brown
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Case Against Legislative Codification Of Religious Liberty, Ira C. Lupu
The Case Against Legislative Codification Of Religious Liberty, Ira C. Lupu
Cardozo Law Review
No abstract provided.
The Right To Her Embryos: An Analysis Of Nahmani V. Nahmani And Its Impact On Israeli In Vitro Fertilization Law, Janie Chen
Cardozo Journal of International and Comparative Law
The note examines the landmark 1996 Israeli Supreme Court decision in Nahmani v. Nahmani, which ruled that a woman’s right to parenthood outweighs her estranged husband’s objections to fatherhood in the context of frozen embryos created through IVF. The Court established a three-prong test to balance conflicting interests, legitimate expectations, and public policy, ultimately prioritizing the woman’s right to motherhood over the man’s right to refuse parenthood. The decision reflects broader tensions between reproductive rights, personal autonomy, and cultural-religious values, particularly the Jewish legal and ethical emphasis on procreation and the sanctity of life.
The Anatomy In Property Law: "It's Not About Sex," Or Is It?, David S. Caudill
The Anatomy In Property Law: "It's Not About Sex," Or Is It?, David S. Caudill
Cardozo Law Review
No abstract provided.
Uprooting The Arguments Against Same-Sex Marriage, John G. Culhane
Uprooting The Arguments Against Same-Sex Marriage, John G. Culhane
Cardozo Law Review
No abstract provided.
Cabining Freedom: A Comparative Study Of Lesbian And Gay Rights In The United States And Canada, Credence Fogo
Cabining Freedom: A Comparative Study Of Lesbian And Gay Rights In The United States And Canada, Credence Fogo
Cardozo Journal of International and Comparative Law
The article examines the divergent approaches of Canada and the United States in addressing gay and lesbian equality, highlighting how their differing legal frameworks and cultural values shape the protection of rights. While Canada, under the Canadian Charter of Rights and Freedoms and its Section 1 balancing test, has expanded relationship rights for sexual minorities, the U.S. has taken a more fragmented approach, emphasizing individual liberties over social rights. The analysis underscores the tension between Canada's communitarianism and the U.S.'s individualistic legal culture in advancing LGBTQ+ rights.
Casey "Versus" Salerno: Determining An Appropriate Standard For Evaluating The Facial Constitutionality Of Abortion Statutes, Skye Gabel
Cardozo Law Review
No abstract provided.
A Rose By Any Other Name: Marriage And The Danish Registered Partnership Act, Craig A. Sloane
A Rose By Any Other Name: Marriage And The Danish Registered Partnership Act, Craig A. Sloane
Cardozo Journal of International and Comparative Law
The article argues that the Danish Registered Partnership Act of 1989, while a significant step toward equality, falls short of true parity with marriage due to discriminatory exceptions such as the prohibition of adoption and church weddings. The author contends that these exclusions stem from societal prejudice and that same-sex unions should be fully incorporated into the legal framework of marriage to achieve genuine equality.
Legal Ordering Of Family Values: The Case Of Gay And Lesbian Families, Craig W. Christensen
Legal Ordering Of Family Values: The Case Of Gay And Lesbian Families, Craig W. Christensen
Cardozo Law Review
In the ordinary course of events, an adoption proceeding in the New York County Surrogate's Court is an unlikely candidate for attention in the editorial pages of the New York Times. But In re the Adoption of a Child Whose First Name is Evan was not an everyday proceeding, as Times columnist Anna Quindlen observed.
Juno Moneta: On The Erotics Of The Marketplace, Jeanne L. Schroeder
Juno Moneta: On The Erotics Of The Marketplace, Jeanne L. Schroeder
Articles
The article explores how property and the feminine, as legal fictions, facilitate the creation of subjectivity through the lens of Hegelian philosophy and Lacanian psychoanalysis. It critiques the liberal individual as an insufficient concept for subjectivity, arguing that subjectivity is constructed, not natural. The analysis examines how legal frameworks privilege masculine metaphors, such as possession, while repressing feminine ones, and posits that the pursuit of a perfect market represents a destructive ideal that undermines freedom and subjectivity.
Estranged Fruit: The Reconstruction Amendments, Moral Slavery, And The Rearticulation Of Lesbian And Gay Identity, E. Nathaniel Gates
Estranged Fruit: The Reconstruction Amendments, Moral Slavery, And The Rearticulation Of Lesbian And Gay Identity, E. Nathaniel Gates
Cardozo Law Review
David A.J. Richards has composed a thoughtful and suggestive narrative that centers on the excavation of the antislavery constitutionalism forged by a small, but arguably influential, group of antebellum abolitionist feminists. Central to his narrative, and to the constitutional theses of the abolitionist feminists, is the concept of "moral slavery" which, on Richards' account, constitutes a crucial element of the hermeneutic background essential to a proper interpretation of the Reconstruction Amendments. According to Professor Richards, an understanding of the figure of the abolitionist feminist as a "multiple exile and outcast" who in opposing "moral slavery" played a vital role in …
Freestanding Legal Pragmatism, Thomas C. Grey
Freestanding Legal Pragmatism, Thomas C. Grey
Cardozo Law Review
John Rawls has recently presented liberalism as a political philosophy that can stand free of the comprehensive moral and metaphysical views with which it has been associated. You don't have to be a neo-Kantian like Rawls, so he argues, to accept his Kantiansounding theory of justice. Millian utilitarians, Aristotelian perfectionists, and Thomistic theists can also commit to the basic liberal rights: democratic government, freedom of speech and religion, equal opportunity, the rule of law, private property, and a welfare safety net. Rawls believes that there is no need for citizens to resolve their deepest philosophical disagreements in order to be …
Never Jam To-Day: On The Impossibility Of Takings Jurisprudence, Jeanne L. Schroeder
Never Jam To-Day: On The Impossibility Of Takings Jurisprudence, Jeanne L. Schroeder
Articles
The article critiques the incoherence of takings jurisprudence under the Fifth and Fourteenth Amendments, arguing that property rights cannot be understood as absolute or natural but must be viewed through the lens of Hegelian dialectics. It contends that property is a socially constructed concept requiring pragmatic reasoning to balance individual rights and communitarian limits. The analysis emphasizes that the determination of when regulation constitutes a taking cannot be resolved through rigid legal frameworks but demands a pragmatic approach, as the balance between individualistic and communitarian interests is inherently empirical and subjective.
The Dynamics Of Constitutional Adjudication, Bernhard Schlink
The Dynamics Of Constitutional Adjudication, Bernhard Schlink
Cardozo Law Review
Habermas determines the role and legitimacy of constitutional adjudication through three confrontations. First, he confronts both the liberal and the welfare-state paradigms of law, seeing constitutional adjudication move from the former to the latter. Habermas wants this move to arrive at a procedural paradigm of law. Second, he confronts a norm- and a value-oriented understanding of the constitution. Habermas indicates the dangers of the former and the merits of the latter, and attempts to show that principles, understood as norms, should guide constitutional adjudication. Third, he confronts the liberal and the republican views of the political and constitutional process, developing …
German Unification And The Reform Of Abortion Law, Rosemarie Will
German Unification And The Reform Of Abortion Law, Rosemarie Will
Cardozo Journal of Equal Rights & Social Justice
The article examines the legal and political challenges surrounding abortion law reform in Germany following unification, highlighting the tension between East Germany's liberal "stipulated period" model and West Germany's more restrictive "grounds for termination" approach. It argues that the unification process necessitated a compromise balancing the constitutional protection of fetal life with women's rights to self-determination, ultimately resulting in a hybrid model emphasizing counseling and limited legal access to abortion.
The Mark Of Cain: No Second Chance For Teachers Convicted Of Sex Offenses Against Students, Eric J. Kuperman
The Mark Of Cain: No Second Chance For Teachers Convicted Of Sex Offenses Against Students, Eric J. Kuperman
Cardozo Journal of Equal Rights & Social Justice
The note argues that teachers convicted of sex offenses against students should be subject to a national registration and notification system, akin to Megan's Law, due to the inadequacy of current systems in preventing these individuals from continuing to teach and offending again. The author emphasizes the need to protect children from sexual predators in educational settings, highlighting the failure of schools and courts to effectively address the issue.
Gestation, Intent, And The Seed: Defining Motherhood In The Era Of Assisted Human Reproduction, Malina Coleman
Gestation, Intent, And The Seed: Defining Motherhood In The Era Of Assisted Human Reproduction, Malina Coleman
Cardozo Law Review
This Article examines whether legal motherhood should be based on the preconception intentions of the two women who contribute a reproduction function, on genetic contribution, or on gestation. After assessing the costs and benefits that the various rules generate, the Article recommends that intent should be the determinative factor, but only if a system of rules is in place to protect against overreaching in surrogacy agreements. Otherwise, motherhood should be based on gestation alone.
Some Realism About Legal Surrealism, Jeanne L. Schroeder
Some Realism About Legal Surrealism, Jeanne L. Schroeder
Articles
The article challenges the traditional understanding of possession in property law, arguing that the concept is increasingly inadequate due to its reliance on physical metaphors that fail to account for intangible assets and noncustodial interests. It advocates for a shift toward an abstract, Hegelian approach, emphasizing legal recognition and control over physical custody, particularly in the context of modern commercial transactions governed by the Uniform Commercial Code (UCC).
Controlling Expression: The Stagnant Policy Of The Centers For Disease Control In The Second Decade Of Aids, Jessica M. Tourk
Controlling Expression: The Stagnant Policy Of The Centers For Disease Control In The Second Decade Of Aids, Jessica M. Tourk
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Aggression, Unconscious Conflict, And The Role Of The Lawyer, Jean Roiphe
Aggression, Unconscious Conflict, And The Role Of The Lawyer, Jean Roiphe
Cardozo Law Review
Why does an individual need a lawyer? What use is she to her client? Well, we answer, because the lawyer is an expert. She has a superior understanding of a highly technical field. And, of course, this is usually true. But that is not all. The client needs the lawyer not merely for her legal expertise, but for the management of his aggression. The lawyer offers not just legal defense, but defense against the fury of the drives, on the one hand, and the fury of the superego, on the other. The lawyer operates for the client as an …
Virgin Territory: Margaret Radin's Imagery Of Personal Property As The Inviolate Feminine Body, Jeanne L. Schroeder
Virgin Territory: Margaret Radin's Imagery Of Personal Property As The Inviolate Feminine Body, Jeanne L. Schroeder
Articles
Margaret Jane Radin's theory of property for personhood posits that certain personal property is deeply intertwined with individual identity, necessitating legal protections that go beyond traditional property rights. While her approach offers a feminist perspective by emphasizing the body and body-like objects as extensions of selfhood, critics argue that her framework lacks an account of community and intersubjectivity, rendering it incomplete. The article suggests that integrating insights from Hegel and Lacan could provide a more comprehensive understanding of property relations, addressing both personal and communal dimensions.
Pushing The Law To Encompass The Reality Of Our Families: Protecting Lesbian And Gay Families From Eviction From Their Homes - Braschi'S Functional Definition Of Family And Beyond, Paris R. Baldacci
Articles
No abstract provided.
Outing: Justifiable Or Unwarranted Invasion Of Privacy? The Private Facts Tort As A Remedy For Disclosures Of Sexual Orientation, Barbara Moretti
Outing: Justifiable Or Unwarranted Invasion Of Privacy? The Private Facts Tort As A Remedy For Disclosures Of Sexual Orientation, Barbara Moretti
Cardozo Arts & Entertainment Law Journal
No abstract provided.
A Defense Of Prostitutes' Self-Organization, Drucilla Cornell
A Defense Of Prostitutes' Self-Organization, Drucilla Cornell
Cardozo Journal of Equal Rights & Social Justice
The article advocates for the decriminalization of prostitution as a necessary step toward empowering sex workers to self-organize and improve their working conditions. Drawing on personal experiences as a union organizer in the 1970s, the author highlights the shared struggles of women workers, including prostitutes, under exploitative capitalist systems. The article emphasizes the importance of recognizing prostitutes as workers deserving of labor rights and union representation, rather than viewing them solely as victims. It critiques the exclusion of sex workers from traditional labor organizing and argues that decriminalization would enable them to collectively address their exploitation and deconstruct oppressive conditions.
A Date With Justice: Prostitution And The Decriminalization Debate, Margaret A. Baldwin
A Date With Justice: Prostitution And The Decriminalization Debate, Margaret A. Baldwin
Cardozo Journal of Equal Rights & Social Justice
The article critiques the decriminalization of prostitution, arguing that it fails to address the systemic exploitation and violence faced by women in prostitution. The author contends that decriminalization would empower pimps, johns, and legal systems to further exploit women, as it legitimizes their power dynamics. The analysis emphasizes the need to prioritize the survival and empowerment of prostituted women over legal reforms that benefit their exploiters.