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Articles 61 - 90 of 117
Full-Text Articles in Sexuality and the Law
Lgbt Discrimination As Religious Discrimination: Ruse Or Resolution?, Craig Westergard
Lgbt Discrimination As Religious Discrimination: Ruse Or Resolution?, Craig Westergard
Barry Law Review
No abstract provided.
Mid-Atlantic Ethics Committee Newsletter, Winter 2020
Mid-Atlantic Ethics Committee Newsletter, Winter 2020
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Education Is The Most Appropriate Response To The Phenomenon Of Voluntary Teen Sexting, The Erin Levitas Initative For Sexual Assault Prevention
Education Is The Most Appropriate Response To The Phenomenon Of Voluntary Teen Sexting, The Erin Levitas Initative For Sexual Assault Prevention
C-DRUM Publications
No abstract provided.
The Many Harms Of Forced Marriage: Insights For Law From Ethnography In Northern Uganda, Myriam S. Denov, Mark A. Drumbl
The Many Harms Of Forced Marriage: Insights For Law From Ethnography In Northern Uganda, Myriam S. Denov, Mark A. Drumbl
Scholarly Articles
Harnessing an interdisciplinary framework that merges elements of law and social science, this article aims to recast the crime of forced marriage, and thereby enhance accountability, in light of knowledge acquired through ethnographic fieldwork in northern Uganda. More specifically, we draw upon the perspectives and experiences of 20 men who were "bush husbands" in the Lord’s Resistance Army (LRA). These men were abducted by the LRA between the ages of 10 and 38 and spent between 6 and 24 years in captivity. During their time in the LRA, these men became ‘bush husbands’ with each man fathering between 1 and …
Punishing Victim As Perpetrator: In Re: S.K. And The Chilling Effect Of Labeling Teen Sexting As Child Pornography, Emma Kaufman
Punishing Victim As Perpetrator: In Re: S.K. And The Chilling Effect Of Labeling Teen Sexting As Child Pornography, Emma Kaufman
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Moral Weight Of Preferences: Death, Sex, And Dementia, Shannon Fyfe, Elizabeth Lanphier
The Moral Weight Of Preferences: Death, Sex, And Dementia, Shannon Fyfe, Elizabeth Lanphier
Scholarly Articles
In "Cognitive Transformation, Dementia, and the Moral Weight of Advance Directives," Emily Walsh raises pertinent questions regarding the stability of preferences, and interests, across time, particularly in the setting of dementia diagnosis (Walsh 2020). Advance directive policy and practice rely on an at least somewhat coherent account of personal identity, and we largely agree with Walsh that dementia raises complex issues for philosophical accounts of personal identity.
Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer
Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer
Student Scholarship
Title IX fails to provide the tools or guidelines necessary to equalize opportunities for all student athletes in the collegiate setting despite the government’s continuous effort to explain the law. This failure is because judicial precedent has largely developed around the binary proportionality test of compliance. Title IX was originally intended to equalize educational opportunities for male and female students in order to remedy past discrimination in our society. However, the application of Title IX has frequently created fewer opportunities in athletics due to the unintended relationship between the proportionality standard and the social phenomenon that is the commercialization of …
An Argument For Explicit Public Health Rationale In Lgbtq Antidiscrimination Law As A Tool For Stigma Reduction, Heather A. Walter-Mccabe, Killian M. Kinney
An Argument For Explicit Public Health Rationale In Lgbtq Antidiscrimination Law As A Tool For Stigma Reduction, Heather A. Walter-Mccabe, Killian M. Kinney
Law Faculty Research Publications
No abstract provided.
Your Cervix Is Showing: Loitering For Prostitution Policing As Gendered Stop & Frisk, Kate Mogulescu
Your Cervix Is Showing: Loitering For Prostitution Policing As Gendered Stop & Frisk, Kate Mogulescu
Faculty Scholarship
No abstract provided.
Anonymous Plaintiffs And Sexual Misconduct, Jayne S. Ressler
Anonymous Plaintiffs And Sexual Misconduct, Jayne S. Ressler
Faculty Scholarship
No abstract provided.
Lgbt Equality, Religious Liberty, And Masterpiece Cakeshop, Dale Carpenter
Lgbt Equality, Religious Liberty, And Masterpiece Cakeshop, Dale Carpenter
Faculty Journal Articles and Book Chapters
No abstract provided.
Gender Stereotypes And Gender Identity In Public Schools, Dara Purvis
Gender Stereotypes And Gender Identity In Public Schools, Dara Purvis
Faculty Scholarship
In recent years, claims brought by transgender students requesting accommodations from a public school have been framed under Title IX of the Education Amendments Act of 1972, which prohibits discrimination on the basis of sex in any educational program or activity that receives federal funding. Given the changing interpretation of Title IX from the Obama to Trump administrations, both statutory and constitutional arguments supporting the right of public school students to express their gender in any manner contrary to traditional gendered norms have renewed vitality. In the decades since Stonewall, students facing school discipline for nonconforming gender presentation that violated …
Women's Spaces, Women's Rights: Feminism And The Transgender Rights Movement, Christen Price
Women's Spaces, Women's Rights: Feminism And The Transgender Rights Movement, Christen Price
Marquette Law Review
None
In Memory Of Professor James E. Bond, Janet Ainsworth
In Memory Of Professor James E. Bond, Janet Ainsworth
Seattle University Law Review
Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.
The Internet Never Forgets: A Federal Solution To The Dissemination Of Nonconsensual Pornography, Alexis Santiago
The Internet Never Forgets: A Federal Solution To The Dissemination Of Nonconsensual Pornography, Alexis Santiago
Seattle University Law Review
As technology evolves, new outlets for interpersonal conflict and crime evolve with it. The law is notorious for its inability to keep pace with this evolution. This Comment focuses on one area that the law urgently needs to regulate—the dissemination of “revenge porn,” otherwise known as nonconsensual pornography. Currently, no federal law exists in the U.S. that criminalizes the dissemination of nonconsensual pornography. Most U.S. states have criminalized the offense, but with vastly different degrees of severity, resulting in legal inconsistencies and jurisdictional conflicts. This Comment proposes a federal solution to the dissemination of nonconsensual pornography that carefully balances the …
Understanding Illicit Insemination And Fertility Fraud From Patient Experience To Legal Reform, Jody L. Madeira
Understanding Illicit Insemination And Fertility Fraud From Patient Experience To Legal Reform, Jody L. Madeira
Articles by Maurer Faculty
Recently, several cases have been filed in North America and Europe alleging that fertility physicians inseminated former patients with their own sperm only to have this conduct come to light decades later when their unsuspecting adult children use direct-to-consumer genetic tests and learn that they are not biologically related to their fathers and often that they have multiple half-siblings. For instance, Donald Cline of Indianapolis, Indiana, has over sixty doctor-conceived children, with more continuing to come forward. Although these cases induce disgust, it has thus far proven difficult to hold these physicians legally accountable because their conduct falls within gaps …
Title Ix And Official Policy Liability: Maximizing The Law’S Potential To Hold Education Institutions Accountable For Their Responses To Sexual Misconduct, Erin E. Buzuvis
Oklahoma Law Review
No abstract provided.
Unconditional Coercion And Positive Autonomy, Russell Christopher
Unconditional Coercion And Positive Autonomy, Russell Christopher
Oklahoma Law Review
No abstract provided.
Gundy V. United States: Breathing New (And Unexpected) Life Into The Nondelegation Doctrine, Brandon K. Wharton
Gundy V. United States: Breathing New (And Unexpected) Life Into The Nondelegation Doctrine, Brandon K. Wharton
Maryland Law Review
No abstract provided.
Furtive Blackness: On Blackness And Being, T. Anansi Wilson
Furtive Blackness: On Blackness And Being, T. Anansi Wilson
Faculty Scholarship
Furtive Blackness: On Blackness and Being (“Furtive Blackness”) and The Strict Scrutiny of Black and BlaQueer Life (“Strict Scrutiny”) take a fresh approach to both criminal law and constitutional law; particularly as they apply to African descended peoples in the United States. This is an intervention as to the description of the terms of Blackness in light of the social order but, also, an exposure of the failures and gaps of law. This is why the categories as we have them are inefficient to account for Black life. The way legal scholars have encountered and understood the language of law …
The Strict Scrutiny Of Black And Blaqueer Life, T. Anansi Wilson
The Strict Scrutiny Of Black And Blaqueer Life, T. Anansi Wilson
Faculty Scholarship
Furtive Blackness: On Blackness and Being (“Furtive Blackness”) and The Strict Scrutiny of Black and BlaQueer Life (“Strict Scrutiny”) take a fresh approach to both criminal law and constitutional law; particularly as they apply to African descended peoples in the United States. This is an intervention as to the description of the terms of Blackness in light of the social order but, also, an exposure of the failures and gaps of law. This is why the categories as we have them are inefficient to account for Black life. The way legal scholars have encountered and understood the language of law …
Title Ix & The Civil Rights Approach To Sexual Harassment In Education, Nancy Chi Cantalupo
Title Ix & The Civil Rights Approach To Sexual Harassment In Education, Nancy Chi Cantalupo
Law Faculty Research Publications
No abstract provided.
Revenge Porn And The Aclu’S Inconsistent Approach, Elena Lentz
Revenge Porn And The Aclu’S Inconsistent Approach, Elena Lentz
Indiana Journal of Law and Social Equality
No abstract provided.
Addressing The High School Sexual Assault Epidemic: Preventive And Responsive Solutions, Carolyn Haney
Addressing The High School Sexual Assault Epidemic: Preventive And Responsive Solutions, Carolyn Haney
Indiana Journal of Law and Social Equality
No abstract provided.
Title Vii And The Unenvisaged Case: Is Anti-Lgbtq Discrimination Unlawful Sex Discrimination, Ronald Turner
Title Vii And The Unenvisaged Case: Is Anti-Lgbtq Discrimination Unlawful Sex Discrimination, Ronald Turner
Indiana Law Journal
As discussed herein, courts and individual judges recognizing or not finding actionable Title VII anti-LGBTQ14 claims have offered different rationales in support of their conflicting positions, including three justifications discussed in this project: (1) the meaning of Title VII’s “because of sex” prohibition, (2) the Supreme Court’s and circuit courts’ construction of the “because of sex” provision in the context of sex stereotyping and gender nonconformity discrimination as applied to the anti- LGBTQ question, and (3) associational discrimination theory. Claim-recognizing jurists have looked to Title VII’s text, Supreme Court and circuit court precedent, and the views of the Equal Employment …
Fosta: A Necessary Step In Advancement Of The Women’S Rights Movement, Alexandra Sanchez
Fosta: A Necessary Step In Advancement Of The Women’S Rights Movement, Alexandra Sanchez
Touro Law Review
No abstract provided.
An Examination Of How The Canadian Military's Legal System Responds To Sexual Assault, Elaine Craig
An Examination Of How The Canadian Military's Legal System Responds To Sexual Assault, Elaine Craig
Dalhousie Law Journal
Although the Canadian military has been conducting sexual assault trials for over twenty years, there has been no academic study of them and no external review of them. This review of the military’s sexual assault cases (the first of its kind) yields several important findings. First, the conviction rate for the offence of sexual assault by courts martial is dramatically lower than the rate in Canada’s civilian criminal courts. The difference between acquittal rates in sexual assault cases in these two systems appears to be even larger. Since Operation Honour was launched in 2015 only one soldier has been convicted …
Queering The Carceral Cycle: Women's Resistance To The Carceral State, Ashley Ruderman-Looff
Queering The Carceral Cycle: Women's Resistance To The Carceral State, Ashley Ruderman-Looff
Theses and Dissertations--Gender and Women's Studies
Building upon feminist and queer scholarship that recognizes mass incarceration and the prison-industrial complex as elements of an inherently violent carceral state, Queering the Carceral Cycle excavates and analyzes twentieth-century incidents in which women resisted the state’s criminalization and/or punishment of multiply marginalized women. I argue that the state’s response to women’s acts of resistance prompted the development of new carceral strategies and technologies that expanded the carceral state’s investment in control and punishment. Moreover, by critically embracing a Foucauldian scheme known as the “carceral cycle,” I demonstrate how the state traps multiply marginalized women in a seemingly endless recurrence …
Feminist Perspectives On Bostock V. Clay County, Georgia, Ann C. Mcginley, Nicole Porter, Danielle Weatherby, Ryan Nelson, Pamela Wilkins, Catherine Archibald
Feminist Perspectives On Bostock V. Clay County, Georgia, Ann C. Mcginley, Nicole Porter, Danielle Weatherby, Ryan Nelson, Pamela Wilkins, Catherine Archibald
Scholarly Works
This jointly-authored essay is a conversation about the Supreme Court’s recent and groundbreaking decision (Bostock v. Clayton County) that held that discrimination based on sexual orientation or gender identity is discrimination based on sex, and therefore prohibited by Title VII of the Civil Rights Act of 1964. While many scholars are writing about this case, we are doing something unique. We are analyzing this decision from feminist perspectives. We are the editors and four of the authors of a book recently published by Cambridge University Press: Feminist Judgments: Rewritten Employment Discrimination Opinions. This book contains fifteen Supreme Court and Courts …