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Articles 1 - 30 of 54
Full-Text Articles in Sexuality and the Law
Parental Duties And The Right Of Homosexual Minors To Refuse "Reparative" Therapy, John Alan Cohan
Parental Duties And The Right Of Homosexual Minors To Refuse "Reparative" Therapy, John Alan Cohan
Buffalo Women's Law Journal
No abstract provided.
Cloning And Reproductive Liberty, Francis J. Beckwith
Cloning And Reproductive Liberty, Francis J. Beckwith
Nevada Law Journal
Can the principles that gave rise to reproductive liberty - principles that undergird the reasoning of several United States Supreme Court decisions - be extended to include the right to clone? I will attempt to answer that question in this paper. However, prior to directly addressing that question, I will (1) explain the science of cloning, and human cloning in particular; (2) present a brief overview of the cloning controversy, as well as the political, legal, and public reactions to it; and (3) discuss the possible uses for cloning, and interact with some of the objections raised against the practice. …
Digitized Pornography Meets The First Amendment, Eric M. Freedman
Digitized Pornography Meets The First Amendment, Eric M. Freedman
Cardozo Law Review
No abstract provided.
Some Effects Of Identity-Based Social Movements On Constitutional Law In The Twentieth Century, William N. Eskridge Jr.
Some Effects Of Identity-Based Social Movements On Constitutional Law In The Twentieth Century, William N. Eskridge Jr.
Michigan Law Review
What motivated big changes in constitutional law doctrine during the twentieth century? Rarely did important constitutional doctrine or theory change because of formal amendments to the document's text, and rarer still because scholars or judges "discovered" new information about the Constitution's original meaning. Precedent and common law reasoning were the mechanisms by which changes occurred rather than their driving force. My thesis is that most twentieth century changes in the constitutional protection of individual rights were driven by or in response to the great identity-based social movements ("IBSMs") of the twentieth century. Race, sex, and sexual orientation were markers of …
Lesbians, Gay Men, And The Canadian Charter Of Rights And Freedoms, Brenda Cossman
Lesbians, Gay Men, And The Canadian Charter Of Rights And Freedoms, Brenda Cossman
Osgoode Hall Law Journal
The legacy of the first twenty years of the Charter for lesbians and gay men is a contradictory one of victories and defeats. At the level of doctrine, strategy, and politics, both the victories and defeats have been precarious and contradictory. While gaining formal equality rights, lesbians and gay men have not been able to secure rights to sexual freedom. And while formal equality has displaced the heteronormativity that denied legal recognition and subjectivity to lesbians and gay men, this formal equality has come at a cost. Lesbians and gay men are being reconstituted in law: some are being newly …
Signs Of The Times: Dale V. Boy Scouts Of America And The Changing Meaning Of Nondiscrimination, Andrew Koppelman
Signs Of The Times: Dale V. Boy Scouts Of America And The Changing Meaning Of Nondiscrimination, Andrew Koppelman
Cardozo Law Review
No abstract provided.
Reply To Martha Nussbaum And Ian Hacking, Edward D. Stein
Reply To Martha Nussbaum And Ian Hacking, Edward D. Stein
Articles
The essays by Martha Nussbaum and Ian Hacking both raise important issues about the some of the central themes of The Mismeasure of Desire and it is a pleasure and an honor to have such careful, significant and interdisciplinary thinkers engage my ideas. In this brief reply, I address some of their challenges.
Trends. The Political Psychology Of Illicit Sex, Ibpp Editor
Trends. The Political Psychology Of Illicit Sex, Ibpp Editor
International Bulletin of Political Psychology
This article discusses the sexual behavior of Roman Catholic priests, and scandal.
Caught Between The Scylla And Charybdis: Ameliorating The Collision Course Of Sexual Orientation Anti-Discrimination Rights And Religious Free Exercise Rights In The Public Workplace, Josiah N. Drew
Brigham Young University Journal of Public Law
No abstract provided.
The Duty To Protect: Blackstone's Doctrine Of In Loco Parentis: A Lens For Viewing The Sexual Abuse Of Students, Todd A. Demitchell
The Duty To Protect: Blackstone's Doctrine Of In Loco Parentis: A Lens For Viewing The Sexual Abuse Of Students, Todd A. Demitchell
Brigham Young University Education and Law Journal
No abstract provided.
Sexualized Racism/Gendered Violence: Outraging The Body Politic In The Reconstruction South, Lisa Cardyn
Sexualized Racism/Gendered Violence: Outraging The Body Politic In The Reconstruction South, Lisa Cardyn
Michigan Law Review
From its establishment in the months following the Civil War by a motley assortment of disgruntled former rebels, the first Ku Klux Klan, like its many vigilante counterparts, employed terror to realize its invidious social and political aspirations. This terror assumed disparate shapes - from the storied nightriding of disguised bands on horseback, to cryptic threats, horrific assaults, and, not infrequently, murder. While students of Reconstruction have considered many facets of klan violence, none to date has focused exclusively on sexual violence in its historical specificity. Yet, as the work of Catherine Clinton, Laura Edwards, and Martha Hodes persuasively demonstrates, …
Anna Marie Smith On Welfare Reform And Sexual Regulation, Richard Blum
Anna Marie Smith On Welfare Reform And Sexual Regulation, Richard Blum
Center for LGBTQ Studies (CLAGS)
"Why is 'welfare reform' a queer issue?" That question was posed to a gathering of New York-based social services and LGBTQ advocates a couple of years ago at a meeting that launched the Queer Economic Justice Network (QEJN). Since then, QEJN has reached out to mainstream LGBTQ organizations to help them recognize the myriad ways that "welfare reform" has harmed poor queers.
Discovering And Addressing Sexual Orientation Bias In Arizona's Legal System, Amelia Craig Cramer
Discovering And Addressing Sexual Orientation Bias In Arizona's Legal System, Amelia Craig Cramer
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Sexual Orientation Bias: The Substantive Limits Of Legal Ethics Rules, William C. Duncan
Sexual Orientation Bias: The Substantive Limits Of Legal Ethics Rules, William C. Duncan
American University Journal of Gender, Social Policy & the Law
No abstract provided.
A Respectful Distance: Appellate Courts Consider Religious Motivation Of Public Figures In Homosexual Equality Discourse - The Cases Of Chamberlain And Trinity Western University [Case Comment], Bruce Macdougall
All Faculty Publications
In the decisions of the B.C. Court of Appeal in Chamberlain v. Surrey School District No. 36 (2000) and the Supreme Court of Canada in Trinity Western University v. College of Teachers (2001), the courts allowed religiously-based "moral positions" held by would-be teachers and public officials to trump the interests of equal rights protection, in particular that of gays and lesbians. The author examines the ways in which the religious arguments were made (and accepted) in order to achieve this result. The author asserts that the decisions raise troubling questions about the extent to which courts are really willing to …
Virginity Testing In Turkey: A Violation Of Women’S Human Rights, Chanté Lasco
Virginity Testing In Turkey: A Violation Of Women’S Human Rights, Chanté Lasco
Human Rights Brief
No abstract provided.
The Sexual Regulation Dimension Of Contemporary Welfare Law: A Fifty State Overview, Anna Marie Smith
The Sexual Regulation Dimension Of Contemporary Welfare Law: A Fifty State Overview, Anna Marie Smith
Michigan Journal of Gender & Law
In this article, Smith will attempt to demonstrate that welfare policy has become a prominent site of sexual regulation; that the rights of poor single mothers are at stake in this respect; and that given the precise structure of contemporary American welfare reform, we must pay especially close attention to the laws and regulations adopted at the state level. First, Smith will place contemporary sexual regulation-oriented welfare law in an historical context by considering its precedents in English and American public policy traditions (Part I). Using original qualitative analyses of the states' statutory codes and administrative regulations, Smith will then …
Reasonable Person Versus Reasonable Woman: Does It Matter? , Elizabeth L. Shoenfelt, Allison E. Maue, Joanne Nelson
Reasonable Person Versus Reasonable Woman: Does It Matter? , Elizabeth L. Shoenfelt, Allison E. Maue, Joanne Nelson
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Introduction To Symposium: Homophobia In The Halls Of Justice: Sexual Orientation Bias And Its Implications Within The Legal System, Pamela D. Bridgewater, Brenda V. Smith
Introduction To Symposium: Homophobia In The Halls Of Justice: Sexual Orientation Bias And Its Implications Within The Legal System, Pamela D. Bridgewater, Brenda V. Smith
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Dissecting Axes Of Subordination: The Need For A Structural Analysis, Darren Lenard Hutchinson
Dissecting Axes Of Subordination: The Need For A Structural Analysis, Darren Lenard Hutchinson
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Discovering And Addressing Sexual Orientation Bias In Arizona's Legal System, Amelia Craig Cramer
Discovering And Addressing Sexual Orientation Bias In Arizona's Legal System, Amelia Craig Cramer
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Obstacle Courts: Results Of Two Studies On Sexual Orientation Fairness In The California Courts, Todd Brower
Obstacle Courts: Results Of Two Studies On Sexual Orientation Fairness In The California Courts, Todd Brower
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Sexual Orientation Bias: The Substantive Limits Of Legal Ethics Rules, William C. Duncan
Sexual Orientation Bias: The Substantive Limits Of Legal Ethics Rules, William C. Duncan
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Introduction To Symposium: Homophobia In The Halls Of Justice: Sexual Orientation Bias And Its Implications Within The Legal System, Pamela D. Bridgewater, Brenda V. Smith
Introduction To Symposium: Homophobia In The Halls Of Justice: Sexual Orientation Bias And Its Implications Within The Legal System, Pamela D. Bridgewater, Brenda V. Smith
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Dissecting Axes Of Subordination: The Need For A Structural Analysis, Darren Lenard Hutchinson
Dissecting Axes Of Subordination: The Need For A Structural Analysis, Darren Lenard Hutchinson
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Obstacle Courts: Results Of Two Studies On Sexual Orientation Fairness In The California Courts, Todd Brower
Obstacle Courts: Results Of Two Studies On Sexual Orientation Fairness In The California Courts, Todd Brower
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Adjudication According To Codes Of Judicial Conduct, Jennifer Gerarda Brown
Adjudication According To Codes Of Judicial Conduct, Jennifer Gerarda Brown
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Complex Uses Of Sexual Orientation In Criminal Court, Abbe Smith
The Complex Uses Of Sexual Orientation In Criminal Court, Abbe Smith
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Supreme Court's Latest Resolution Of The Conflict Between Freedom Of Association And Public Accomodations Laws: Boy Scouts Of America V. Dale And Its Implications In And Out Of The Courtroom, Daniel E. Mcguire
Villanova Law Review (1956 - )
No abstract provided.
Bad Women Deserve Equal Protection: A Look At The Constitutionality Of The Florida Prostitution Statute, Patricia Padrino
Bad Women Deserve Equal Protection: A Look At The Constitutionality Of The Florida Prostitution Statute, Patricia Padrino
St. Thomas Law Review
Laws against prostitution are antiquated and based primarily on moral considerations. While there is moral outcry against the proliferation of prostitution, prostitutes themselves are allowed to take the blame and suffer the punishment for its practice. Although prostitution is often referred to as a victimless crime, the criminalization of prostitution certainly victimizes prostitutes. Laws criminalizing prostitution in the United States do nothing to benefit society and everything to harm prostitutes themselves. One way to attack these laws in Florida is to show that they violate the equal protection rights guaranteed by the Constitution of the United States. By approaching the …