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Articles 31 - 60 of 70
Full-Text Articles in Sexuality and the Law
The Fourteenth Amendment, Same-Sex Unions, And The Supreme Court, Michael J. Perry
The Fourteenth Amendment, Same-Sex Unions, And The Supreme Court, Michael J. Perry
Loyola University Chicago Law Journal
No abstract provided.
Marriage, Same-Sex Relationships, And The Catholic Church, Thomas J. Paprocki
Marriage, Same-Sex Relationships, And The Catholic Church, Thomas J. Paprocki
Loyola University Chicago Law Journal
No abstract provided.
Sex-Separation In Public Restrooms: Law, Architecture, And Gender, Terry S. Kogan
Sex-Separation In Public Restrooms: Law, Architecture, And Gender, Terry S. Kogan
Michigan Journal of Gender & Law
This Article challenges the common assumption that legally mandated sex-separation of public restrooms is a benign recognition of natural anatomical differences between men and women. Relying on legal history, gender history, and architectural theory, my central thesis is that, contrary to common intuitions, there was nothing benign or gender neutral about the social and historical origins of the first laws adopted at the end of the nineteenth century that mandated such separation.
How A Marriage Discrimination Amendment Would Disrespect Democracy In Minnesota, Anthony S. Winer
How A Marriage Discrimination Amendment Would Disrespect Democracy In Minnesota, Anthony S. Winer
Faculty Scholarship
The proposed marriage discrimination amendment to the Minnesota Constitution is profoundly anti-democratic. It is extremely wide-ranging in its scope, it obliterates the opportunity of the LGBT community to legislatively advance its interests in the area, it falsely assumes characteristics of the state judiciary that do not in fact exist, and it is drafted with language that is particularly hostile to LGBT concerns and democracy in general. It was a triumph for reason and democracy that this amendment was defeated in 2006. It should never be introduced again. In the unfortunate event that it is introduced again, it should be resoundingly …
Vertical Flip, 13 Tex. Wesleyan L. Rev. 729 (2007), Allen R. Kamp
Vertical Flip, 13 Tex. Wesleyan L. Rev. 729 (2007), Allen R. Kamp
UIC Law Open Access Faculty Scholarship
No abstract provided.
Same-Sex Loving:Subverting White Supremacy Through Same-Sex Marriage, Adele M. Morrison
Same-Sex Loving:Subverting White Supremacy Through Same-Sex Marriage, Adele M. Morrison
Michigan Journal of Race and Law
This Article marks the 40th anniversary of Loving v. Virginia- the landmark decision that responded to the question of the constitutionality of anti-miscegenation laws by firmly stating that the fundamental right to marry could not be restricted by race-by taking up the issue of the case's applicability in the context of same-sex marriage. The invocation of Loving has generally been in a manner that invites comparisons between interracial and same-sex marriage. Pro same-sex marriage arguments that utilize this comparison-which has come to be known as the "Loving Analogy"-- include the decision's freedom of choice and antidiscrimination elements, but rarely …
The State Of The Law Of Protecting And Securing The Rights Of Same-Sex Partners In Illinois Without Benefit Of Statutory Rights Accorded Heterosexual Couples, Richard A. Wilson
The State Of The Law Of Protecting And Securing The Rights Of Same-Sex Partners In Illinois Without Benefit Of Statutory Rights Accorded Heterosexual Couples, Richard A. Wilson
Loyola University Chicago Law Journal
No abstract provided.
The Moral Reasoning Of Family Law: The Case Of Same-Sex Marriage, Helen M. Alvaré
The Moral Reasoning Of Family Law: The Case Of Same-Sex Marriage, Helen M. Alvaré
Loyola University Chicago Law Journal
No abstract provided.
Constitutional Law—First Amendment And Congress's Spending Clause Power—The Supreme Court's Supports Military Recruiters And The United States Military's Discrimination Against Homosexuals Despite Law Schools' Protests. Rumsfeld V. Forum For Academic & Institutional Rights, Inc., 126 S. Ct. 1297 (2006)., Matthew K. Brown
University of Arkansas at Little Rock Law Review
p> This note examines the forces in play leading up to the United States Supreme Court's decision in Rumsfeld v. Forum for Academic & Institutional Rights, Inc., a case in which the Court upheld a federal law conditioning the receipt of federal funding by law schools (and other institutions of higher learning) on those schools granting United States Military recruiters equal access to students, despite First Amendment claims brought by those schools. This note first explores the facts leading to the controversy that culminated in an appeal to the Supreme Court. Next, this note explores the background of the issues …
Sexy Dressing Revisited: Does Target Dress Play A Part In Sexual Harassment Cases?, Theresa M. Beiner
Sexy Dressing Revisited: Does Target Dress Play A Part In Sexual Harassment Cases?, Theresa M. Beiner
Law Faculty Scholarship
No abstract provided.
Transphobia And The Relational Production Of Gender, Elaine Craig
Transphobia And The Relational Production Of Gender, Elaine Craig
Articles, Book Chapters, & Popular Press
Knowing one's place in the social order, whether that place is one of relative privilege or not, serves two psychologically ameliorative functions. It relieves one from the “anxiety of [gender] identity interrogation” and it helps to inform one as to the socially agreed upon, acceptable conduct for interpersonal exchanges--the episteme of social interaction. This Paper will demonstrate that gender identity is produced through relational, contextually influenced, interpretative processes. Because gender is constructed in societies which strongly embrace static, binary conceptions of gender, and in which social, familial, occupational, and sexual *139 interactions are heavily influenced by gendered social scripts, gender …
Respecting Adolescents' Confidentiality And Reproductive And Sexual Choices, Rebecca J. Cook, Joanna Erdman, Bernard M. Dickens
Respecting Adolescents' Confidentiality And Reproductive And Sexual Choices, Rebecca J. Cook, Joanna Erdman, Bernard M. Dickens
Articles, Book Chapters, & Popular Press
Adolescents, defined as between 10 and 19 years old, present a growing challenge to reproductive health. Adolescent sexual intercourse contributes to worldwide burdens of unplanned pregnancy, abortion, spread of sexually transmitted infections (STIs), including HIV, and maternal mortality and morbidity. A barrier to contraceptive care and termination of adolescent pregnancy is the belief that in law minors intellectually mature enough to give consent also require consent of, or at least prior information to, their parental guardians. Adolescents may avoid parental disclosure by forgoing desirable reproductive health care. Recent judicial decisions, however, give effect to internationally established human rights to confidentiality, …
Counting Outsiders: A Critical Exploration Of Outsider Course Enrollment In Canadian Legal Education, Kim Brooks, Natasha Bahkt, Gillian Calder, Jennifer Koshan, Sonia Lawrence, Carissima Mathen, Debra L. Parkes
Counting Outsiders: A Critical Exploration Of Outsider Course Enrollment In Canadian Legal Education, Kim Brooks, Natasha Bahkt, Gillian Calder, Jennifer Koshan, Sonia Lawrence, Carissima Mathen, Debra L. Parkes
Articles, Book Chapters, & Popular Press
In response to anecdotal concerns that student enrollment in "outsider" courses, and in particular feminist courses, is on the decline in Canadian law schools, the authors explore patterns of course enrollment at seven Canadian law schools. Articulating a definition of "outsider" that describes those who are members of groups historically lacking power in society, or traditionally outside the realms of fashioning, teaching, and adjudicating the law, the authors document the results of quantitative and qualitative surveys conducted at their respective schools to argue that outsider pedagogy remains a critical component of legal education. The article situates the numerical survey results …
The Right To Contract: Use Of Domestic Partnership As A Strategic Alternative To The Right To Marry Same-Sex Partners, Dara Purvis
The Right To Contract: Use Of Domestic Partnership As A Strategic Alternative To The Right To Marry Same-Sex Partners, Dara Purvis
Faculty Scholarship
Shortly after the Civil War, a series of cases argued that the Civil Rights Act of 1866 gave black Americans the right to make contracts, including a marriage contract, with whomever they chose. While the cases were almost uniformly unsuccessful at that time, this paper argues that claims based on private contracts replicating some of marriage’s benefits, stripped of the social and religious freight of marriage, are more compelling. State constitutional amendments banning not only marriage, but any legal recognition of a marriage-like relationship, demonstrate that animus underlies the prohibitions and that the amendments violate the Equal Protection Clause even …
Family As Status In Doe V Canada: Constituting Family Under Section 15 Of The Charter, Elaine Craig
Family As Status In Doe V Canada: Constituting Family Under Section 15 Of The Charter, Elaine Craig
Articles, Book Chapters, & Popular Press
The Ontario Court of Appeal recently released a decision rejecting a constitutional challenge to the Processing and Distribution of Semen for Assisted Conception Regulations. In this paper I argue that the Court's reasoning in Doe v. Canada is flawed and that certain provisions of the Semen Regulations constitute an unjustified infringement of section 15 of the Canadian Charter of Rights and Freedoms. I also argue that the claimants in this case would have been better served by the jurisprudence of section 15 of the Charter had they premised their argument on the assertion that they were discriminated against on the …
Transphobia And The Relational Production Of Gender, Elaine Craig
Transphobia And The Relational Production Of Gender, Elaine Craig
Articles, Book Chapters, & Popular Press
Knowing one's place in the social order, whether that place is one of relative privilege or not, serves two psychologically ameliorative functions. It relieves one from the “anxiety of [gender] identity interrogation” and it helps to inform one as to the socially agreed upon, acceptable conduct for interpersonal exchanges--the episteme of social interaction. This Paper will demonstrate that gender identity is produced through relational, contextually influenced, interpretative processes. Because gender is constructed in societies which strongly embrace static, binary conceptions of gender, and in which social, familial, occupational, and sexual *139 interactions are heavily influenced by gendered social scripts, gender …
Social Science And Legal Policy: The Case Of Heterosexual Cohabitation, Cynthia Grant Bowman
Social Science And Legal Policy: The Case Of Heterosexual Cohabitation, Cynthia Grant Bowman
Cornell Law Faculty Publications
The rate at which people live together in unmarried unions has increased enormously in recent decades, making this one of the remarkable social changes of our era. The response to this change in the law review literature has been inadequate. Recent articles about cohabitation have argued simply that the institution of marriage is better than cohabitation for both the couple and their children, and the law should therefore be structured so as to discourage this conduct, because to give legal protections to cohabitants will harm the institution of marriage. This article explores the findings of social scientists about cohabitation and …
Colonial Constructs And Legally Sanctioned Sexually Violent Consequences In R V. Edmondson, Nicholas Bonokoski
Colonial Constructs And Legally Sanctioned Sexually Violent Consequences In R V. Edmondson, Nicholas Bonokoski
Reconstruction: Studies in Contemporary Culture
What kind of a system or process would portray a twelve-year-old girl from the Yellow Quill First Nation as a sexual threat to three twenty-something white men, who promising her a ride home, picked her up and got her drunk? The answer: The Canadian legal system. In R v Edmondson a twelve-year old Aboriginal girl, who was sexually assaulted by Dean Edmondson, Jeffrey Brown, and Jeffrey Kindrat from Tisdale Saskatchewan, was portrayed by the judge as a "sexual aggressor". This paper focuses on the trial of Dean Edmondson in which, according to Judge Kovatch, the girls "sexual aggression" led to …
"Don't Ask, Don't Tell" Panel Four: Service Member Experiences, Elizabeth L. Hillman
"Don't Ask, Don't Tell" Panel Four: Service Member Experiences, Elizabeth L. Hillman
Faculty Scholarship
No abstract provided.
Transnational And Intimate Crossings: The 'Threatening Body' Of The 'Migrant Sex-Worker', Melissa Autumn White
Transnational And Intimate Crossings: The 'Threatening Body' Of The 'Migrant Sex-Worker', Melissa Autumn White
Reconstruction: Studies in Contemporary Culture
This paper introduces the rubric of the "migrant sex-working body" in order to theorize the affective and geopolitical valences of power 'threatened' by such bodies. The everyday and affective labours of migrant sex-workers whose bodies have been positioned as a 'threat' to the imagined community of the nation and to Hetero Factory's (Rossi 2003) family are fetishized in a Marxian sense in order to make an exploration of the collusion of transnational "structures of feeling" and border security regimes possible. In other words, the focus of the paper is not on or about the "migrant sex-working body", but rather on …
Taking The Right To Abortion In Croatia Seriously - One Of The Basic Constitutional Rights Or A Rudiment Of The Right To Reproduction?, Dalida Rittossa
Taking The Right To Abortion In Croatia Seriously - One Of The Basic Constitutional Rights Or A Rudiment Of The Right To Reproduction?, Dalida Rittossa
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Shifting Paradigms: From Relapse Prevention To Wellness, Robert E. Longo Lpc, Ncc
Shifting Paradigms: From Relapse Prevention To Wellness, Robert E. Longo Lpc, Ncc
Public Interest Law Reporter
Today's youth present greater challenges than during any other time in recent history. The author proposes that "sex offending by youth is a symptom of a greater problem." Young people with sexual behavior problems and sexual aggression behaviors must be looked at from a holistic/ecological perspective as they may be subject to co-morbid diagnosis, traumatic histories that may have neuro-biological impact on the brain and brain development, and learning deficits and disabilities among other concerns. This article will briefly outline the current thinking about assessing youth with sexual behavior problems and youth who are sexually aggressive from both a sexual …
Youth Who Have Sexually Abused: Registration, Recidivism, And Risk, David Prescott
Youth Who Have Sexually Abused: Registration, Recidivism, And Risk, David Prescott
Public Interest Law Reporter
No abstract provided.
Juvenile Sex Offender Registration Laws In The United States: How The Adam Walsh Act Will Affect Juvenile Sex Offenders, Brittany I. Bohn Jd
Juvenile Sex Offender Registration Laws In The United States: How The Adam Walsh Act Will Affect Juvenile Sex Offenders, Brittany I. Bohn Jd
Public Interest Law Reporter
No abstract provided.
Juvenile Sex Offenders: Past, Present, And Future?, Sara Howard, Colleen Morey
Juvenile Sex Offenders: Past, Present, And Future?, Sara Howard, Colleen Morey
Public Interest Law Reporter
No abstract provided.
Subverting The Marriage-Amendment Crusade With Law And Policy Reform, Anita Bernstein
Subverting The Marriage-Amendment Crusade With Law And Policy Reform, Anita Bernstein
Faculty Scholarship
No abstract provided.
Multistable Figures: Sexual Orientation Visibility And Its Effects On The Experiences Of Sexual Minorities In The Courts, Todd Brower
Pace Law Review
No abstract provided.
Uncovering Identity, Paul Horowitz
Uncovering Identity, Paul Horowitz
Michigan Law Review
This Review raises several questions about Yoshino's treatment of identity, authenticity, and the "true self' in Covering. Part I summarizes Yoshino's book and offers some practical criticisms. Section II.A argues that Yoshino's treatment of authenticity and identity leaves much to be desired. Section II.B argues that Yoshino's focus on covering as an act of coerced assimilation fails to fully capture the extent to which one's identity, and one's uses of identity, may be fluid and deliberate. Section II.C focuses on another identity trait that runs through Yoshino's book, always present but never remarked upon: those aspects of identity and …
Some Modest Proposals For Challenging Established Dress Code Jurisprudence, Jennifer L. Levi
Some Modest Proposals For Challenging Established Dress Code Jurisprudence, Jennifer L. Levi
Faculty Scholarship
Historically, most courts have sustained employer-imposed, gender-based dress codes. Two well-established exceptions to the rule exist for dress codes that either (1) objectify or sexualize women or (2) allow for flexibility of standards for male employees' appearance but require stricter rules for women. A third, still-evolving exception has recently developed regarding challenges to dress codes by transgender litigants. Despite this recent progress, however, the classical gender-based dress code -- requiring women to conform to feminine stereotypes and men to conform to masculine stereotypes -- has, up to the present, been sustained by a majority of the courts time and again. …
Protecting Gay And Lesbian Families From Eviction From Their Homes: The Quest For Equality For Gay And Lesbian Families In Braschi V. Stahl Associates, Paris R. Baldacci
Protecting Gay And Lesbian Families From Eviction From Their Homes: The Quest For Equality For Gay And Lesbian Families In Braschi V. Stahl Associates, Paris R. Baldacci
Articles
No abstract provided.