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Articles 91 - 117 of 117
Full-Text Articles in Sexuality and the Law
Abstinence-Only Adolescent Education: Ineffective, Unpopular And Unconstitutional, James J. Mcgrath
Abstinence-Only Adolescent Education: Ineffective, Unpopular And Unconstitutional, James J. Mcgrath
ExpressO
This article examines the recent changes in the funding of “abstinence only” educational programs that attempt to reduce the incidence of teen pregnancy and sexually transmitted diseases. Although funding for these programs was previously ruled to be facially constitutional, this is no longer the case as their lack of efficacy for their stated purpose has been exposed. Newer programs are in direct violation of unconstitutional conditions doctrine, and none of these programs address a significant segment of the student population, lesbian and gay students. My article addresses this oversight as dangerous public health policy as well as a potential constitutional …
A Room Of One's Own: Morality And Sexual Privacy After Lawrence V. Texas, Marybeth Herald
A Room Of One's Own: Morality And Sexual Privacy After Lawrence V. Texas, Marybeth Herald
ExpressO
No abstract provided.
The Internal Revenue Code As Sodomy Statute, Anthony C. Infanti
The Internal Revenue Code As Sodomy Statute, Anthony C. Infanti
ExpressO
This essay attempts to bridge the gap between gay and straight understanding of the Internal Revenue Code’s impact on gay and lesbian couples. Through a combination of personal narrative and legal analysis, I try to explain how, from a gay perspective, the Code can be viewed as discriminating against gay and lesbian couples – regardless of whether, on a net basis, they are required to pay more or less tax than similarly-situated straight couples.
Lawrence And Same-Sex Marriage Bans: On Constitutional Interpretation And Sophistical Rhetoric, Mark Strasser
Lawrence And Same-Sex Marriage Bans: On Constitutional Interpretation And Sophistical Rhetoric, Mark Strasser
ExpressO
No abstract provided.
Queers Anonymous: Lesbians, Gay Men, Free Speech, And Cyberspace, Edward D. Stein
Queers Anonymous: Lesbians, Gay Men, Free Speech, And Cyberspace, Edward D. Stein
Articles
The expansion of cyberspace in the past decade has created unprecedented opportunities for communication, both across the globe and across the street. The Internet and other forms of cyberspace have provided new avenues for anonymous and pseudonymous communication. Individuals can now interact without the traditional constraints of time, place, and manner of communication.
Reply To Martha Nussbaum And Ian Hacking, Edward D. Stein
Reply To Martha Nussbaum And Ian Hacking, Edward D. Stein
Articles
The essays by Martha Nussbaum and Ian Hacking both raise important issues about the some of the central themes of The Mismeasure of Desire and it is a pleasure and an honor to have such careful, significant and interdisciplinary thinkers engage my ideas. In this brief reply, I address some of their challenges.
"Trapped" In Sing Sing: Transgendered Prisoners Caught In The Gender Binarism, Darren Rosenblum
"Trapped" In Sing Sing: Transgendered Prisoners Caught In The Gender Binarism, Darren Rosenblum
Elisabeth Haub School of Law Faculty Publications
This Article first summarizes gender, transgendered identity, and legal issues facing transgendered people to contextualize the lives of transgendered prisoners. Parts II and III explore respectively the placement and treatment issues that complicate the incarceration of the transgendered. Corrections authorities, through indifference or incompetence, foster a shockingly inhumane daily existence for transgendered prisoners. In Part V, I examine the plight of transgendered prisoners through the metaphor of the miners' canary. Transgendered prisoners signal the grave dangers facing all of us in a wide array of social structures, elucidating the apparently intractable problems of gender. This Article simultaneously explores a human …
Why Lesbians And Gay Men Should Read Martha Fineman, Nancy Polikoff
Why Lesbians And Gay Men Should Read Martha Fineman, Nancy Polikoff
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Family Law And Gay And Lesbian Family Issues In The Twentieth Century, Nancy Polikoff, David Chambers
Family Law And Gay And Lesbian Family Issues In The Twentieth Century, Nancy Polikoff, David Chambers
Scholarly Articles in Law Reviews & Journals
Over the past thirty years, lesbians and gay men have increasingly challenged conventional definitions of marriage and the family. In this brief article, the authors tell the story of gay people and family law in the United States across this period. They divide their discussion into two sections: issues regarding the recognition of the same-sex couple relationship and issues regarding gay men and lesbians as parents. These issues overlap, of course, but since family law discussions commonly treat adult-adult issues of all sorts separately from parent-child issues, the authors believe it convenient and helpful to do so as well.
Legal Ordering Of Family Values: The Case Of Gay And Lesbian Families, Craig W. Christensen
Legal Ordering Of Family Values: The Case Of Gay And Lesbian Families, Craig W. Christensen
Cardozo Law Review
In the ordinary course of events, an adoption proceeding in the New York County Surrogate's Court is an unlikely candidate for attention in the editorial pages of the New York Times. But In re the Adoption of a Child Whose First Name is Evan was not an everyday proceeding, as Times columnist Anna Quindlen observed.
Estranged Fruit: The Reconstruction Amendments, Moral Slavery, And The Rearticulation Of Lesbian And Gay Identity, E. Nathaniel Gates
Estranged Fruit: The Reconstruction Amendments, Moral Slavery, And The Rearticulation Of Lesbian And Gay Identity, E. Nathaniel Gates
Cardozo Law Review
David A.J. Richards has composed a thoughtful and suggestive narrative that centers on the excavation of the antislavery constitutionalism forged by a small, but arguably influential, group of antebellum abolitionist feminists. Central to his narrative, and to the constitutional theses of the abolitionist feminists, is the concept of "moral slavery" which, on Richards' account, constitutes a crucial element of the hermeneutic background essential to a proper interpretation of the Reconstruction Amendments. According to Professor Richards, an understanding of the figure of the abolitionist feminist as a "multiple exile and outcast" who in opposing "moral slavery" played a vital role in …
Freestanding Legal Pragmatism, Thomas C. Grey
Freestanding Legal Pragmatism, Thomas C. Grey
Cardozo Law Review
John Rawls has recently presented liberalism as a political philosophy that can stand free of the comprehensive moral and metaphysical views with which it has been associated. You don't have to be a neo-Kantian like Rawls, so he argues, to accept his Kantiansounding theory of justice. Millian utilitarians, Aristotelian perfectionists, and Thomistic theists can also commit to the basic liberal rights: democratic government, freedom of speech and religion, equal opportunity, the rule of law, private property, and a welfare safety net. Rawls believes that there is no need for citizens to resolve their deepest philosophical disagreements in order to be …
The Dynamics Of Constitutional Adjudication, Bernhard Schlink
The Dynamics Of Constitutional Adjudication, Bernhard Schlink
Cardozo Law Review
Habermas determines the role and legitimacy of constitutional adjudication through three confrontations. First, he confronts both the liberal and the welfare-state paradigms of law, seeing constitutional adjudication move from the former to the latter. Habermas wants this move to arrive at a procedural paradigm of law. Second, he confronts a norm- and a value-oriented understanding of the constitution. Habermas indicates the dangers of the former and the merits of the latter, and attempts to show that principles, understood as norms, should guide constitutional adjudication. Third, he confronts the liberal and the republican views of the political and constitutional process, developing …
Geographically Sexual?: Advancing Lesbian And Gay Interests Through Proportional Representation, Darren Rosenblum
Geographically Sexual?: Advancing Lesbian And Gay Interests Through Proportional Representation, Darren Rosenblum
Elisabeth Haub School of Law Faculty Publications
Part I of this Article explores lesbian and gay interests and representational characteristics. Part II highlights the inadequacies of a single-member districting system in representing the interests of lesbian and gay communities. It concludes with an examination of the New York City Council's 1991 redistricting, where the mobilization of strong lesbian and gay communities in a receptive environment nonetheless failed to lead to effective representation of lesbian and gay interests in the City Council. Part III describes proportional representation systems and reveals how such systems would better serve lesbian and gay communities. Part IV acknowledges the political and legal obstacles …
Gestation, Intent, And The Seed: Defining Motherhood In The Era Of Assisted Human Reproduction, Malina Coleman
Gestation, Intent, And The Seed: Defining Motherhood In The Era Of Assisted Human Reproduction, Malina Coleman
Cardozo Law Review
This Article examines whether legal motherhood should be based on the preconception intentions of the two women who contribute a reproduction function, on genetic contribution, or on gestation. After assessing the costs and benefits that the various rules generate, the Article recommends that intent should be the determinative factor, but only if a system of rules is in place to protect against overreaching in surrogacy agreements. Otherwise, motherhood should be based on gestation alone.
Overcoming "Stigmas": Lesbian And Gay Districts And Black Electoral Empowerment, Darren Rosenblum
Overcoming "Stigmas": Lesbian And Gay Districts And Black Electoral Empowerment, Darren Rosenblum
Elisabeth Haub School of Law Faculty Publications
This Article argues that the renewed disenfranchisement of blacks from districting remedies may be curbed through the use of community-based evidence similar to that used by lesbian and gay activists. Section One will explore the current position of blacks in the districting system, scrutinizing recent changes in the law that deprive blacks of their previously “protected” status under the Voting Rights Act. In 1995, the Miller v. Johnson decision notably held that race cannot be the predominant factor in the drawing of district lines. Blacks wishing to ensure that their interests are represented in the political process will therefore need …
Aggression, Unconscious Conflict, And The Role Of The Lawyer, Jean Roiphe
Aggression, Unconscious Conflict, And The Role Of The Lawyer, Jean Roiphe
Cardozo Law Review
Why does an individual need a lawyer? What use is she to her client? Well, we answer, because the lawyer is an expert. She has a superior understanding of a highly technical field. And, of course, this is usually true. But that is not all. The client needs the lawyer not merely for her legal expertise, but for the management of his aggression. The lawyer offers not just legal defense, but defense against the fury of the drives, on the one hand, and the fury of the superego, on the other. The lawyer operates for the client as an …
Queer Intersectionality And The Failure Of Recent Lesbian And Gay "Victories", Darren Rosenblum
Queer Intersectionality And The Failure Of Recent Lesbian And Gay "Victories", Darren Rosenblum
Elisabeth Haub School of Law Faculty Publications
Part I of this essay will introduce the queer theories underlying my critique and will outline the discrete positioning of lesbian and gay identity and community which labels these cases “victories.” The intersectionality of queer identity is the key blind spot in the litigation model. The queer continuum, a re-conceptualization of Adrienne Rich's lesbian continuum, delineates the spectrum of queer identity. Part II will explore the facts, issues and holdings of these four cases. My examination of these cases will reveal how they grant some rights to “but-for” queers, who, “but-for” their being lesbian or gay, would be “perfect citizens.” …
Everything Great Stands In The Storm That Blows From Paradise, David Farrell Krell
Everything Great Stands In The Storm That Blows From Paradise, David Farrell Krell
Cardozo Law Review
No abstract provided.
The Constitution Of The People: Frederick Douglass And The Dred Scott Decision, Robert Bernasconi
The Constitution Of The People: Frederick Douglass And The Dred Scott Decision, Robert Bernasconi
Cardozo Law Review
No abstract provided.
Family, Marriage, And The Same-Sex Couple, Lisa R. Zimmer
Family, Marriage, And The Same-Sex Couple, Lisa R. Zimmer
Cardozo Law Review
No abstract provided.
Law And Consciousness, Charles A. Reich
Artificial Conception: A Legislative Proposal, Felicia R. Fashing
Artificial Conception: A Legislative Proposal, Felicia R. Fashing
Cardozo Law Review
No abstract provided.
Undue Influence And The Homosexual Testator, Jeffrey G. Sherman
Undue Influence And The Homosexual Testator, Jeffrey G. Sherman
All Faculty Scholarship
No abstract provided.
Freedom And Constraint In The Jewish Judicial Process, Norman Lamm, Aaron Kirschenbaum
Freedom And Constraint In The Jewish Judicial Process, Norman Lamm, Aaron Kirschenbaum
Cardozo Law Review
No abstract provided.
Book Review: Sexual Freedom And The Constitution (1973), Wayne Mccormack
Book Review: Sexual Freedom And The Constitution (1973), Wayne Mccormack
Scholarly Works
Book Review of SEXUAL FREEDOM AND THE CONSTITUTION, by Walter Barnett (Albuquerque: University of New Mexico Press, 1973).
Sex And The Law, By Morris Ploscowe, Robert C. Bensing
Sex And The Law, By Morris Ploscowe, Robert C. Bensing
Indiana Law Journal
No abstract provided.