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Sexuality and the Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2022

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Institution
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Articles 91 - 92 of 92

Full-Text Articles in Sexuality and the Law

Conservatorship Of Valerie N., 707 P.2d 760 (Cal. 1985), Doriane Lambelet Coleman Jan 2022

Conservatorship Of Valerie N., 707 P.2d 760 (Cal. 1985), Doriane Lambelet Coleman

Faculty Scholarship

Conservatorship of Valerie N. is the next case in this volume. The original 1985 opinion from the California Supreme Court concerned an “adult developmentally disabled daughter,” whose parents wished to have her surgically sterilized because she was (according to the parents) sexually aggressive towards men. Although the original opinion held that the California law did not authorize the sterilization of Valerie the case is nonetheless ripe for a feminist rewrite. Professor Doriane Lambelet Coleman’s feminist judgment demonstrates how feminism requires attention not only to women’s issues in general but also to the woman herself, and not only to childbearing (or …

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Sexual Agreements, Susan Frelich Appleton, Albertina Antognini Jan 2022

Sexual Agreements, Susan Frelich Appleton, Albertina Antognini

Scholarship@WashULaw

Few would find it surprising that an agreement for sex falls outside the bounds of contract law. Prostitution—defined as an exchange of sex for money—has long been a crime, a point that courts often make in declining to enforce agreements between unmarried partners. In fact, courts routinely invalidate contracts when sex forms the basis of a couple’s bargain, whether married or not, and whether the sex is explicit or inferred from the relationship itself. A closer look at the legal treatment of sexual agreements, however, tells a more complicated story. Although courts reject sex as consideration for being “meretricious” or …

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