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Sexuality and the Law Commons™

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1999

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Institution
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Articles 1 - 30 of 47

Full-Text Articles in Sexuality and the Law

Sexual Policy And The Military: A Need For A Primer On The Birds And The Bees, Ibpp Editor Dec 1999

Sexual Policy And The Military: A Need For A Primer On The Birds And The Bees, Ibpp Editor

International Bulletin of Political Psychology

This article describes some basic misconceptions about sex as explicated in the personnel and security policies of the United States Department of Defense (DOD).

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Suffer The Little Children: Justifying Same-Sex Marriage From The Perspective Of A Child Of The Union, Lewis A. Silverman Dec 1999

Suffer The Little Children: Justifying Same-Sex Marriage From The Perspective Of A Child Of The Union, Lewis A. Silverman

West Virginia Law Review

No abstract provided.

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It's Not Just Hair: Historical And Cultural Considerations For An Emerging Technology, Deborah Pergament Dec 1999

It's Not Just Hair: Historical And Cultural Considerations For An Emerging Technology, Deborah Pergament

Chicago-Kent Law Review

History reflects the social, religious and political importance of human hair. Individuals have used hairstyles to flaunt social conventions about gender, race, sexual identity, and social status. Totalitarian governments have regulated hairstyles as a means of social control and dehumanization. Today, advances in technology now make it possible to discover information about an individual's current or potential health status. Judicial decisions and administrative regulations offer individuals limited protection from state or institutional intrusion into the information revealed by genetic hair analysis. This Article argues that the explosion of technologies that use hair to reveal intimate details of an individual's biological …

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What Money Cannot Buy: A Legislative Response To C.Rac.K., Adam B. Wolf Dec 1999

What Money Cannot Buy: A Legislative Response To C.Rac.K., Adam B. Wolf

University of Michigan Journal of Law Reform

Children Requiring a Caring Kommunity (C.R.A.C.K.) is an organization that pays current or former drug addicts $200 to be sterilized. While generating great public controversy, C.R.A.C.K. is expanding rapidly throughout the country. Its clients are disproportionately poor women of color, who are coerced by the offer of money into permanently relinquishing their reproductive rights. This Note argues that C.R.A.C.K. is a program of eugenical sterilization that cannot be tolerated. Moreover, C.R.A.C.K. further violates settled national public policy by offensively commodifying the ill-commodifiable, by demeaning women, and by starting down a slippery slope with devastating consequences. This Note proposes legislation that …

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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.

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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.

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The Right To Her Embryos: An Analysis Of Nahmani V. Nahmani And Its Impact On Israeli In Vitro Fertilization Law, Janie Chen Oct 1999

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.

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"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.

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Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), M.V.H., Laura Spitz May 1999

Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), M.V.H., Laura Spitz

Faculty Scholarship

LEAF submits that the heterosexual definition of spouse ins. 29 of the Family Law Act R. S.O. 1990 c. F .3 completely denies lesbians who otherwise meet the tl:1reshoid criteria to apply for a support award. The effect of this denial violates lesbians' right to equal benefit and protection of the law contrary to s. 15(1) of the Charter, and cannot be justified under s.1 of the Charter.

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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.

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Pansexuality And The Law, Jennifer Ann Drobac Apr 1999

Pansexuality And The Law, Jennifer Ann Drobac

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

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Sexual Harassment In The Virginia Dental Hygiene Profession, Anne Pennington Apr 1999

Sexual Harassment In The Virginia Dental Hygiene Profession, Anne Pennington

Dental Hygiene Theses & Dissertations

No abstract provided.

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Liability For Student-To-Student Sexual Harassment Under Title Ix In Light Of Davis V. Monroe County Board Of Education, George M. Rowley Mar 1999

Liability For Student-To-Student Sexual Harassment Under Title Ix In Light Of Davis V. Monroe County Board Of Education, George M. Rowley

Brigham Young University Education and Law Journal

No abstract provided.

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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.

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Trends. The Senate Trial Of President Clinton: There's More Than One Way To Wag The Dog, Ibpp Editor Jan 1999

Trends. The Senate Trial Of President Clinton: There's More Than One Way To Wag The Dog, Ibpp Editor

International Bulletin of Political Psychology

The author discusses "wagging the dog" as it relates to the current presidential scandal.

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Regulating Sexual Relationships Between Faculty And Students, Margaret H. Mack Jan 1999

Regulating Sexual Relationships Between Faculty And Students, Margaret H. Mack

Michigan Journal of Gender & Law

Universities must create an effective learning environment for students; university policy should be directed at creating an atmosphere of mutual respect and trust. Whenever a faculty-student sexual relationship causes a student to drop a class, or a thesis, or school, that student has suffered a serious harm. Universities cannot simply answer that the student consented to the relationship and should handle the consequences. A university without a well-established and promulgated policy, one that at least acknowledges the risks involved in faculty-student sexual relationships and gives students a list of faculty and staff members to contact for support, seriously fails the …

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Bisexual Jurisprudence: A Tripolar Approach To Law And Society, Rachel Haynes Jan 1999

Bisexual Jurisprudence: A Tripolar Approach To Law And Society, Rachel Haynes

Michigan Journal of Gender & Law

Part I of this Review will briefly assess the principal arguments in Colker's book. In Part II, Colker's book will be situated within the larger currents of the discussion concerning bisexuality and the arguments for a bisexual jurisprudence. Part III critiques Colker's concept of a bisexual jurisprudence as applied to sexual hybrids from the standpoint of an identity, as well as a legal, skeptic. Part IV will sketch out some important implications for the advancement of a bisexual jurisprudence as well as question the need for a bisexual jurisprudence. This review concludes that the addition of a bisexual jurisprudence, like …

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Consensual Relationships And The Constitution: A Case Of Liberty Denied, Gary E. Elliot Jan 1999

Consensual Relationships And The Constitution: A Case Of Liberty Denied, Gary E. Elliot

Michigan Journal of Gender & Law

On many university and college campuses, there exists an anti-civil-libertarian spirit reminiscent of the McCarthy period. During the 1940s and early 1950s, regents, trustees, academic administrations, and the American Association of University Professors (AAUP), although each for a different reason, persuaded the Academy to repress personal liberty. It is difficult to pinpoint precisely when constitutionally and statutorily protected liberties and rights became secondary to insulating educational institutions from damage suits in their pursuit of a selective social and political agenda.

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Megan's Law: Analysis On Whether It Is Constitutional To Notify The Public Of Sex Offenders Via The Internet, 17 J. Marshall J. Computer & Info. L. 1133 (1999), Susan Oakes Jan 1999

Megan's Law: Analysis On Whether It Is Constitutional To Notify The Public Of Sex Offenders Via The Internet, 17 J. Marshall J. Computer & Info. L. 1133 (1999), Susan Oakes

UIC John Marshall Journal of Information Technology & Privacy Law

Because of the public demand for stronger governmental action against those who commit violent and sexual offenses against children, Congress implemented "Megan's Law" which mandated that the registered information of criminal child sex offenders be unlimited in disclosure so long as the information released is necessary to protect the public. Megan's Law and the Internet (as useful medium for communicating information on sex offenders), fulfill a similar goal as criminal cases receiving media attention because both aid in protecting the public from potential crimes committed by dangerous sex offenders. Megan's Law is constitutional because it is not punitive and because …

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Marriage: Winning And Keeping The Freedom To Marry Nationally And In New York, Evan Wolfson, Peter Sherwin, Tim Sweeney, Patty Penelosa Jan 1999

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.

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Is Sexual Orientation Immutable?: Presenting Scientific Evidence In Litigation To Gain Strict Scrutiny, Dan Brook, Suzanne Goldberg, Kate Diaz Jan 1999

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 …

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Gender Theory And Lesbian, Gay, Bisexual And Transgendered Empowerment, Cynthia R. Kern, Paisley Currah, Dana Turner, Katherine Franke Jan 1999

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.

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Sticks And Stones: The Nexis Between Hate Speech And Violence, Jack Chen, Laura Edidin, Brian Levin, Jack Battaglia Jan 1999

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.

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Name Reporting And Partner Notification Legislation, Catherine Hanssens, Matthew Carmody, Haley Gorenberg, Mildred Pinot Jan 1999

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 …

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Family Law And Gay And Lesbian Family Issues In The Twentieth Century, Nancy Polikoff, David Chambers Jan 1999

Family Law And Gay And Lesbian Family Issues In The Twentieth Century, Nancy Polikoff, David Chambers

Scholarly Articles in Law Reviews & Journals

Over the past thirty years, lesbians and gay men have increasingly challenged conventional definitions of marriage and the family. In this brief article, the authors tell the story of gay people and family law in the United States across this period. They divide their discussion into two sections: issues regarding the recognition of the same-sex couple relationship and issues regarding gay men and lesbians as parents. These issues overlap, of course, but since family law discussions commonly treat adult-adult issues of all sorts separately from parent-child issues, the authors believe it convenient and helpful to do so as well.

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The Freedom To Marry For Same-Sex Couples: The Opening Appellate Brief Of Plaintiffs Stan Baker Et Al. In Baker Et Al. V. State Of Vermont, Mary Bonauto, Susan M. Murray, Beth Robinson Jan 1999

The Freedom To Marry For Same-Sex Couples: The Opening Appellate Brief Of Plaintiffs Stan Baker Et Al. In Baker Et Al. V. State Of Vermont, Mary Bonauto, Susan M. Murray, Beth Robinson

Michigan Journal of Gender & Law

As the first state to prohibit slavery by constitution, and one of the few states which, from its inception, extended the vote to male citizens who did not own land, the State of Vermont has long been at the forefront of this nation's march toward full equality for all of its citizens. In July 1997, three same-sex couples challenged Vermont to act as a leader yet again, this time in affording full civil rights to the State's gay and lesbian citizens. Stan Baker and Peter Harrigan, Nina Beck and Stacy Jolles, and Holly Puterbaugh and Lois Farnham were denied marriage …

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Ignoring The Sexualization Of Race: Heteronormativity, Critical Race Theory And Anti-Racist Politics, Darren Lenard Hutchinson Jan 1999

Ignoring The Sexualization Of Race: Heteronormativity, Critical Race Theory And Anti-Racist Politics, Darren Lenard Hutchinson

UF Law Faculty Publications

This Article, a third in a series of related works, explores the representation of sexual identity within Critical Race Theory and other forms of anti-racist discourse. I argue, after examining representative texts, that anti-racist discourse is often "heteronormative" -- or centered around heterosexual experiences. Most commonly, anti-racist heteronormativity occurs when scholars and activists in the field fail to analyze the homophobic dimensions of acts or conditions of racial inequality and when they dismiss, either implicitly or explicitly, the "morality" of gay and lesbian equality claims. This Article recommends that scholars in Critical Race Theory and related fields adopt a more …

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Employment Discrimination Law—Title Vii And Same-Sex Sexual Harassment—Closing The Great Divide: What To Do In A Same-Sex Sexual Harassment Case. Oncale V. Sundowner Offshore Services, Inc., 118 S. Ct. 998 (1998)., Tracey Williams Overman Jan 1999

Employment Discrimination Law—Title Vii And Same-Sex Sexual Harassment—Closing The Great Divide: What To Do In A Same-Sex Sexual Harassment Case. Oncale V. Sundowner Offshore Services, Inc., 118 S. Ct. 998 (1998)., Tracey Williams Overman

University of Arkansas at Little Rock Law Review

No abstract provided.

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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 Jan 1999

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.

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Sexual/Gender Identity In The Criminal Courts, Alexis Baden-Mayer, Hon. Paul G. Feinman, Lori Cohen, Hon. Michael A. Sonberg Jan 1999

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.

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