Sexuality and the Law Commons^™

Introduction To The 2007 Byu Law Review Symposium: Warning! Kids Online: Pornography, Free Speech, And Technology, Cheryl B. Preston

BYU Law Review

No abstract provided.

Zoning The Internet: A New Approach To Protecting Children Online, Cheryl B. Preston

BYU Law Review

This Article considers how Internet architecture can be harnessed to create an online environment where government regulation of material harmful to minors can be effective but not unreasonably burdensome. It proposes a solution that engages technology in refocusing the point of regulation, thereby reducing the burden on speech and increasing the ability to achieve constitutionally recognized governmental objectives. This Article briefly examines failed congressional attempts to restrict children's access to sexually explicit content online, and then introduces the Internet Community Ports Concept, which relies on channeling technology to divide kinds of content among various Internet ports. After briefly outlining the …

Making Family-Friendly Internet A Reality: The Internet Community Ports Act, Dawn C. Nunziato

BYU Law Review

No abstract provided.

Technology And Pornography, Arnold H. Loewy

BYU Law Review

No abstract provided.

A New First Amendment Model For Evaluating Content-Based Regulation Ofinternet Pornography: Revising The Strict Scrutiny Model To Better Reflect The Realities Of The Modern Media Age, Mark S. Kende

BYU Law Review

No abstract provided.

Regulating Internet Pornography Aimed At Children: A Comparative Constitutional Perspective On Passing The Camel Through The Needle's Eye, Kevin W. Saunders

BYU Law Review

No abstract provided.

Www.Sam·S_Stationery_And_Luncheonette.Com: Bringing Ginsberg V. New York Into The Internet Age, John Fee

BYU Law Review

No abstract provided.

Obscenity And The World Wide Web, John E. Fee

BYU Law Review

No abstract provided.

"If Sex Offenders Can Marry, Then Why Not Gays And Lesbians?": An Essay On The Progressive Comparative Argument, Courtney Megan Cahill

Buffalo Law Review

No abstract provided.

It's Really About Sex: Same-Sex Marriage, Lesbigay Parenting, And The Psychology Of Disgust, Richard E. Redding

Working Paper Series

The effects of gay and lesbian parenting on children has been the touchstone issue in much of the recent state litigation on same sex marriage, with opponents of same sex marriage arguing that there is a rational basis for denying marriage rights to gays and lesbians because the central purpose of marriage is procreation and childrearing, but that children are harmed or disadvantaged when raised by gay or lesbian parents. To interrogate this claim, I critique the social science research that informs the concerns frequently expressed about the possible negative effects of lesbigay parenting on children's emotional, psychosocial, and sexual …

North Carolina V. Bryant: Paving The Way For A Comprehensive National Sex Offender Registry, Karen S. Schuller

North Carolina Central Law Review

No abstract provided.

Separating Civil Unions And Religious Marriage-A New Paradigm For Recognizing Same-Sex Relationships, Dov Berger

Cardozo Public Law, Policy & Ethics Journal

The note argues that civil marriage laws defining marriage as between a man and a woman violate the Establishment Clause by favoring one religious perspective over another. It proposes a solution to this constitutional issue by advocating for the separation of civil unions from religious marriage, drawing on New York's kashrut and get laws as a model. The analysis focuses on two key cases, Hernandez v. Robles and Lewis v. Harris, to highlight the legal and religious tensions surrounding same-sex marriage. The author suggests that replacing marriage with a civil union system would respect both legal and religious traditions …

Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton

Faculty Publications

No abstract provided.

The Waterloo For The So-Called Church Autonomy Theory: Widespread Clergy Abuse And Institutional Cover-Up, Marci A. Hamilton

Cardozo Law Review

No abstract provided.

Rape And The Exception In Turkish And International Law, Ruth A. Miller

Washington and Lee Law Review

This Comment suggests, first, that Turkey's new (2004) rape law is indebted to recent trends in international sexual legislation, and second, that both Turkish and international rape law are in turn the product of a century of European exceptionalism. The 2004 Turkish criminal code is a text that has redefined the Turkish state's approach to issues ranging from torture to corruption to immigrant smuggling to rape and adultery. Fundamentally a domestic document, it is aimed at rearticulating and liberalizing the state-citizen relationship in Turkey. At the same time, it is emphatically an international text-a spectacle geared toward moving Turkey one …

Twenty-Five Years Of Hudood Ordinances- A Review, Martin Lau

Washington and Lee Law Review

Shortly after coming into power in 1979, General Zia ul-Haq began to Islamize the Pakistan legal system. One measure used to convert Pakistan into an Islamic state was the introduction of hadd offenses-those offenses for which the Qur'an prescribed fixed punishments-into the criminal law. This Article specifically examines the impact of one of these provisions, the Offense of Zina (Enforcement of Hudood) Ordinance, on sexual offenses under the Pakistan Penal Code. This statute criminalized all forms of adultery and fornication outside of a legally valid marriage, including instances of rape where the burden of proof had not been met. In …

Dual Subordination: Muslim Sexuality In Secular And Religious Legal Discourse In India, Aziza Ahmed

Faculty Scholarship

Muslim women and Muslim members of the Lesbian, Gay, Bisexual, and Transgender (LGBT) community face a specific form of dual subordination in relation to their gender and sexuality. A Muslim woman might seek solace from India's patriarchal religious judicial structures only to find that the secular system's patriarchal structures likewise aid in their subordination and create a space for new forms of such subordination. Similarly, a marginalized LGBT Muslim might attempt to reject an oppressive religious formulation only to come to find that the secular Indian state might criminalize a particular form of sexuality. This analysis explores how Indian laws …

Why Don't "Reasonable Women" Complain About Sexual Harassment?, L. Camille Hébert

Indiana Law Journal

No abstract provided.

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.

When Is A "Minor" Also An "Adult"?: An Adolescent's Liberty Interest In Accessing Contraceptives From Public School Distribution Programs, Joshua A. Douglas

Law Faculty Scholarly Articles

Imagine “Mary,” a sixteen-year-old junior in high school, who has been dating “John,” a seventeen-year-old senior, for three years in a serious relationship. Mary knows that she and John should practice safe sex, and she does not want to become pregnant or catch a sexually transmitted disease. However, she is concerned that her parents will not approve of her activities and will not help her in obtaining contraceptives. John also feels that he is mature enough to make the decision to have sex, yet he knows that his parents will want to consent before he can receive condoms from his …

The Genuine Article: A Subversive Economic Perspective On The Law's Procreationist Vision Of Marriage, Courtney Megan Cahill

Scholarly Publications

No abstract provided.

Refining The Meaning And Application Of "Dating Relationship" Language In Domestic Violence Statutes, Devon M. Largio

Vanderbilt Law Review

Many young people date in high school, and Lisa Santoro was no exception.' Her father Tom tells her story:

In January, 1994, Lisa started to date a guy [named "Dan"].... In the five months Lisa dated this guy, I never really understood why she was attracted to him.... Around June, when Lisa started to work at the swimming pool, she met another guy who was in charge of the pool .... Shortly after, Lisa [broke] up with Dan. Dan tried to get Lisa to go back to him, but Lisa had her mind made up.... On July 27th, Dan called …

Birds Of An Illegal Feather: Prostitution And Paid Pornography Should Be Criminalized Together, Zachary David Streit

Cardozo Public Law, Policy & Ethics Journal

The note argues that prostitution and paid pornography should be criminalized together under the same legal framework. Both activities are criticized for their harmful effects, including the objectification and exploitation of women, as well as contributing to social ills such as disease and violence. The author advocates for the use of existing prostitution laws to prosecute those involved in pornography, arguing that this approach is legally sound and would help reduce the negative impacts of both industries.

But I Thought This Was Sin City!: Nevada's Restrictions On Advertisements For Legal Brothel Services, Denise S. Balboni

Nevada Law Journal

No abstract provided.

Cultural Rage: A Severe Threat To Gay Men, Rhoda Howard-Hassmann

Human Rights & Human Welfare

Men who have sex with men have become a world cultural flashpoint. Fomenting and exploiting cultural rage at the West is a useful way for Islamists to gain electoral and other types of support, even though the motives of the Islamists may have more to do with the drive for power, regional influence, or economic benefit.

Love V. Virginia: The Constitutionality Of The Marshall/Newman Amendment, Pavitra Mohan Ram

ExpressO

My comment explores the constitutionality of a recent amendment in Virginia, the Marshall/Newman Amendment, which bans gay marriage and civil unions between unmarried people, and precludes Virginia from recognizing such arrangements formed in other states. The analysis is particularly timely, because even though the Democrats have regained a majority in Congress, and a traditionally Republican Virginian constituency just elected a Democratic senator, a majority of Virginians adopted this Amendment, indicating conservative values still reign.

The comment argues that the Amendment is demonstrably inconsistent with the mandates of the Fourteenth Amendment of the Federal Constitution. The first provision seeks to ban …

Civil Unions And Choice Of Law: A Second Restatement Analysis Of Miller-Jenkins V Miller-Jenkins, Christina N. Lambe

ExpressO

At the end of 2000 Lisa and Janet Miller-Jenkins left their home state of Virginia and traveled to Vermont to enter into a civil union. Their union ended a few years later. Although their separation resulted in a bitter legal battle in both the Virginia and Vermont court systems neither state addressed whether the initial union was valid. This paper analyzes the civil union using the Second Restatement’s choice of law principles. This paper concludes that although the courts have continued to haggle over whether full faith and credit must be given to conflicting visitation orders the choice of law …

Sex Discrimination In The Labor Market, Joni Hersch

Vanderbilt Law School Faculty Publications

This paper examines sources of gender pay disparity and the factors that contribute to this pay gap. Many researchers question the role of discrimination and instead attribute the residual pay gap to gender differences in preferences. The main issue considered in this paper is whether gender differences in choices, especially with respect to the family and household, are indeed responsible for the gender pay gap, or whether discrimination plays a role. On balance, the evidence indicates that sex discrimination remains a possible explanation of the unexplained gender pay gap. This is consistent with the continuing high profile sex discrimination litigation …

Accepting The Court's Invitation, Martha M. Ertman

Faculty Scholarship

No abstract provided.

The Immorality Of Statutory Restrictions On Adoption By Lesbians And Gay Men, Carlos A. Ball

Loyola University Chicago Law Journal

No abstract provided.