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Articles 61 - 70 of 70
Full-Text Articles in Sexuality and the Law
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 …
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 …
Abortion, Equality, And Administrative Regulation, Gillian E. Metzger
Abortion, Equality, And Administrative Regulation, Gillian E. Metzger
Faculty Scholarship
Abortion and equality are a common pairing; courts as well as legal scholars have noted the importance of abortion and a woman's ability to control whether and when she has children to her ability to participate fully and equally in society. Abortion and administrative regulation, on the other hand, are a more unusual combination. Most restrictions on abortion are legislatively imposed, while guarantees of reproductive freedom are constitutionally derived, so administrative law does not frequently figure in debates about access to abortion.
Langan V. St. Vincent Hospital: A Fearful Court Or A Properly Measured Response?, Jeniffer Viscarra
Langan V. St. Vincent Hospital: A Fearful Court Or A Properly Measured Response?, Jeniffer Viscarra
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
"We're Here To Protect Democracy. We're Not Here To Practice It": The U.S. Military's Involvement In Trafficking In Persons And Suggestions For The Future, Jorene Soto
Cardozo Journal of Equal Rights & Social Justice
The article argues that the U.S. military has historically been complicit in human trafficking, particularly through its involvement in prostitution near overseas bases, and that current legal and policy measures fail to adequately address this issue. While laws like the Trafficking Victims Protection Act (TVPA) and the Uniform Code of Military Justice (UCMJ) provide some framework, enforcement and penalties are insufficient to deter military personnel from contributing to trafficking. The article calls for stronger legal policies, enhanced education, and stricter penalties to combat this issue effectively.
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.
"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.