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Sexuality and the Law Commons™

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Cardozo Law Review

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Articles 31 - 52 of 52

Full-Text Articles in Sexuality and the Law

Stealing The Natural Language: The Fiction Of The Social Contract And Legality In The Light Of Nietzsche's Philosophy, Jiří Přibáň Jan 2003

Stealing The Natural Language: The Fiction Of The Social Contract And Legality In The Light Of Nietzsche's Philosophy, Jiří Přibáň

Cardozo Law Review

No abstract provided.


Digitized Pornography Meets The First Amendment, Eric M. Freedman Aug 2002

Digitized Pornography Meets The First Amendment, Eric M. Freedman

Cardozo Law Review

No abstract provided.


Signs Of The Times: Dale V. Boy Scouts Of America And The Changing Meaning Of Nondiscrimination, Andrew Koppelman May 2002

Signs Of The Times: Dale V. Boy Scouts Of America And The Changing Meaning Of Nondiscrimination, Andrew Koppelman

Cardozo Law Review

No abstract provided.


When Is A Parent Not A Parent? On Doma, Civil Unions, And Presumptions Of Parenthood, Mark Strasser Nov 2001

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 Jan 2001

The Homosexual-Advance Defense And Hate Crimes Statutes: Their Interaction And Conflict, Scott D. Mccoy

Cardozo Law Review

No abstract provided.


The Case Against Legislative Codification Of Religious Liberty, Ira C. Lupu Dec 1999

The Case Against Legislative Codification Of Religious Liberty, Ira C. Lupu

Cardozo Law Review

No abstract provided.


The Anatomy In Property Law: "It's Not About Sex," Or Is It?, David S. Caudill May 1999

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 Mar 1999

Uprooting The Arguments Against Same-Sex Marriage, John G. Culhane

Cardozo Law Review

No abstract provided.


Casey "Versus" Salerno: Determining An Appropriate Standard For Evaluating The Facial Constitutionality Of Abortion Statutes, Skye Gabel May 1998

Casey "Versus" Salerno: Determining An Appropriate Standard For Evaluating The Facial Constitutionality Of Abortion Statutes, Skye Gabel

Cardozo Law Review

No abstract provided.


Legal Ordering Of Family Values: The Case Of Gay And Lesbian Families, Craig W. Christensen Jan 1997

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.


Estranged Fruit: The Reconstruction Amendments, Moral Slavery, And The Rearticulation Of Lesbian And Gay Identity, E. Nathaniel Gates Nov 1996

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 Sep 1996

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 …


The Dynamics Of Constitutional Adjudication, Bernhard Schlink Mar 1996

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 …


Gestation, Intent, And The Seed: Defining Motherhood In The Era Of Assisted Human Reproduction, Malina Coleman Jan 1996

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.


Aggression, Unconscious Conflict, And The Role Of The Lawyer, Jean Roiphe Jan 1995

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 …


Everything Great Stands In The Storm That Blows From Paradise, David Farrell Krell Dec 1991

Everything Great Stands In The Storm That Blows From Paradise, David Farrell Krell

Cardozo Law Review

No abstract provided.


The Constitution Of The People: Frederick Douglass And The Dred Scott Decision, Robert Bernasconi Dec 1991

The Constitution Of The People: Frederick Douglass And The Dred Scott Decision, Robert Bernasconi

Cardozo Law Review

No abstract provided.


Status, Contract, And History: A Dialectical View, Matthew P. Bergman Oct 1991

Status, Contract, And History: A Dialectical View, Matthew P. Bergman

Cardozo Law Review

No abstract provided.


Family, Marriage, And The Same-Sex Couple, Lisa R. Zimmer Dec 1990

Family, Marriage, And The Same-Sex Couple, Lisa R. Zimmer

Cardozo Law Review

No abstract provided.


Law And Consciousness, Charles A. Reich Oct 1988

Law And Consciousness, Charles A. Reich

Cardozo Law Review

No abstract provided.


Artificial Conception: A Legislative Proposal, Felicia R. Fashing Jan 1984

Artificial Conception: A Legislative Proposal, Felicia R. Fashing

Cardozo Law Review

No abstract provided.


Freedom And Constraint In The Jewish Judicial Process, Norman Lamm, Aaron Kirschenbaum Jan 1979

Freedom And Constraint In The Jewish Judicial Process, Norman Lamm, Aaron Kirschenbaum

Cardozo Law Review

No abstract provided.