Sexuality and the Law Commons^™

The Legal Regulation Of Gay And Lesbian Families As Interstate Immigration Law, Sarah Abramowicz

Law Faculty Research Publications

No abstract provided.

Regulating At The Margins: Non-Traditional Kinship And The Legal Regulation Of Intimate And Family Life, Courtney Megan Cahill

Scholarly Publications

This Article offers a new theory of how the law attempts to control intimate and family life and uses that theory to argue why certain laws might be unconstitutional. Specifically, it contends that by regulating non-traditional relationships and practices that receive little or no constitutional protection— same-sex relationships, domestic partnerships, de facto parenthood, and nonsexual procreation—the law is able to express its normative ideals about all marriage, parenthood, and procreation. By regulating non-traditional kinship, then, the law can be aspirational in a way that the Constitution would ordinarily prohibit and can attempt to channel all of us in ways that …

Decriminalizing Campus Institutional Responses To Peer Sexual Violence, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.

Hospital Visitation: The Forgotten Gay Rights Struggle, 45 J. Marshall L. Rev. 939 (2012), Meredith Fileff

UIC Law Review

No abstract provided.

Where Art Thou, Privacy: Expanding Privacy Rights Of Minors In Regard To Consensual Sex: Statutory Rape Laws And The Need For A Romeo And Juliet Exception In Illinois, 46 J. Marshall L. Rev. 309 (2012), Jordan Franklin

UIC Law Review

No abstract provided.

Displaced Mothers, Absent And Unnatural Fathers: Lgbt Transracial Adoption, Kim H. Pearson

Michigan Journal of Gender & Law

While some might believe that Black versus gay discourse only surfaces in highly politicized settings like the military and marriage, it holds sway in the area of LGBT transracial adoption. LGBT transracial adoptions are a relatively small percentage of all adoptions, which include private adoptions, LGBT second-parent adoptions, and step-parent adoptions, but they are an important site for interrogating the Black versus gay discourse because adoption and custody decisions often address parent-child transmission. When claims intersect, as they do in a case where a White LGBT foster parent and a Black maternal grandmother dispute the adoption of a Black child, …

The New Illegitimacy: Winning Backward In The Protection Of The Children Of Lesbian Couples, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Custody Rights Of Lesbian And Gay Parents Redux: The Irrelevance Of Constitutional Principles, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

Disputes over custody and visitation can arise when a marriage ends and one parent comes out as gay or lesbian. the heterosexual parent may seek custody or may seek to restrict the activities of the gay or lesbian parent, or the presence of the parent's same-sex partner, during visitation. A gay or lesbian parent's assertion of constitutional rights has not been an effective response to such efforts. that is not likely to change. Advocates for gay and lesbian parents have argued forcefully for a nexus text, permitting consideration of a parent's sexual orientation only when there is evidence of an …

Cybersex: Protecting Sexual Content In The Digital Age, 11 J. Marshall Rev. Intell. Prop. L. 815 (2012), Nicole Chaney

UIC Review of Intellectual Property Law

Advertisers employ bare-skinned models and sex appeal to seduce American consumers with every magazine, billboard, and television advertisement. The ubiquity of sexual gratification has reached a tangible quality in American culture, but sex is still somehow taboo in our legal system. Despite the vast market for online adult entertainment, obscenity laws have been used to strike down claims for adult content copyright owners. These content owners are producing creative sexual expression for the public benefit, but they are being denied the same economic incentives granted to their mainstream counterparts. Ironically, Playboy Co. is an outlier in the adult entertainment industry …

Comment: A Minor Conflict: Why The Objectives Of Federal Sex Trafficking Legislation Preempt The Enforcement Of State Prostitution Laws Against Minors, Susan Crile

American University Law Review

No abstract provided.

A Quick Guide For Lgbti Policy Development For Youth Confinement Facilities, Brenda V. Smith

Research Reports & White Papers

This Quick Guide will help agencies and facilities develop a comprehensive response to working with lesbian, gay, bisexual, transgender and intersex (LGBTI) youth. It is not meant to provide an answer to every question or an in-depth discussion of all issues that agencies face or that the LGBTI population faces while in custody. It provides an overview of the important issues that agencies should consider when working to house and treat LGBTI youth in a way that is safe and consistent with an agency’s mission, values, and security guidelines … This Quick Guide is organized chronologically according to the decisions …

A Quick Guide For Lgbti Policy Development For Adult Prisons And Jails, Brenda V. Smith

Research Reports & White Papers

This Quick Guide will help agencies and facilities develop a comprehensive response to working with lesbian, gay, bisexual, transgender and intersex (LGBTI) inmates. It is not meant to provide an answer to every question or an in-depth discussion of all issues that agencies face or that the LGBTI population faces while in custody. It provides an overview of the important issues that agencies should consider when working to house and treat LGBTI inmates in a way that is safe and consistent with an agency’s mission, values, and security guidelines … This Quick Guide is organized chronologically according to the decisions …

Copyright Law And Pornography, Ann Bartow

Elisabeth Haub School of Law Faculty Publications

Sex-for-hire is usually illegal, unless it is being filmed. Debates about pornography tread uneasily into legal terrain that implicates freedom of expression under the First Amendment, the specter of censorship, and genuine concerns about the function and role of pornography in persistent gender inequality. It is less common for conversations about pornography to include a discussion of copyright law. Yet copyright law is a powerful tool that operates to protect the financial interests of pornographers. Owners of copyrighted pornography frequently threaten public exposure of an alleged infringer’s consumption habits in order to force a financial settlement. Thus copyright law operates …

Our Bodies, Our (Tax) Selves, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

This Article considers important consequences of the commodification of human reproduction. Anyone who has opened a campus newspaper has seen advertisements seeking to match an infertile couple with a young woman who will “donate” her egg (in return for a fee). Some college-age men earn thousands of dollars through regular visits to a sperm bank. The characterization of human ova and sperm cells as transferrable “property” is the very foundation upon which the entire fertility industry rests. But the law of donative transfers has largely ignored the commercial market for human reproductive material. This Article considers how courts and the …

Creation Stories: Stanley Hauerwas, Same-Sex Marriage, And Narrative In Law And Theology, Charlton C. Copeland

Articles

No abstract provided.

The Politicization Of Judicial Elections And Its Effect On Judicial Independence, Matthew W. Green Jr., Susan J. Becker, Marsha K. Ternus, Camilla B. Taylor

Cleveland State Law Review

This article presents the proceedings of the Cleveland-Marshall College of Law Symposium, The Politicization of Judicial Elections and Its Effect on Judicial Independence and LGBT Rights, held October 21, 2011. The idea for the conference stemmed from the November 2010 Iowa judicial election, in which three justices were voted out of office as a result of joining a unanimous ruling, Varnum v. Brien, that struck down, on equal protection grounds, a state statute limiting marriage rights to heterosexual couples. The conference addresses whether the backlash that occurred in Iowa after the Varnum decision might undermine judicial independence in jurisdictions where …

A Brief Summary Of Decisions From The Arkansas Supreme Court Affecting Gays And Lesbians, Anthony L. Mcmullen

University of Arkansas at Little Rock Law Review

Half of Arkansans believe that sex-sex relationships should not be afforded legal recognition, including recognition in the form of a civil union or domestic partnership. Further, Arkansas is one of thirty states to constitutionally define marriage as the legal union between a man and a woman. Nonetheless, the gay and lesbian civil rights movement has been afforded protection in the courts through Arkansas Supreme Court decisions protecting same sex couples' rights.

Starting in 2002, the Arkansas Supreme Court has provided at least some protection to same sex couples and their families through decisions where the Court could have declined to …

Study Guide For United In Anger: A History Of Act Up, Matt Brim

Open Educational Resources

The United in Anger Study Guide facilitates classroom and activist engagement with Jim Hubbard’s 2012 documentary, United in Anger: A History of ACT UP. The Study Guide contains discussion sections, projects and exercises, and resources for further research about the activism of the New York chapter of ACT UP (AIDS Coalition to Unleash Power). The Study Guide is a free, interactive, multimedia resource for understanding the legacy of ACT UP, the film’s role in preserving that legacy, and its meaning for viewers' lives.

Sexual Harassment 2.0, Mary Anne Franks

Articles

Sexual harassment is a complex and evolving practice. The rise of sexual discrimination in cyberspace is only one of the most recent and most striking examples of the phenomenon's increasing complexity. Sexual harassment law, however, has not kept pace with this evolution. Discrimination law has not been adequately "updated" to address new and amplified practices of sex discrimination. Its two principal limitations are (1) it treats only sexual harassment that occurs in certain protected settings (e.g. the workplace or school) as actionable and (2) it assumes that both the activity and the resulting harm of sexual harassment occur in the …

Reconfiguring Sex, Gender, And The Law Of Marriage, Deborah Widiss

Articles by Maurer Faculty

This article brings together legal, historical, and social science research to analyze how couples allocate income-producing and domestic responsibilities. It develops a framework—what I call the marriage equation—that shows how sex-based classifications, (non-sex-specific) substantive marriage law, and gender norms interrelate to shape these choices. Constitutional decisions in the 1970s ended legal distinctions between the duties of husbands and wives but left largely in place both gender norms and substantive rights within marriage, tax, and benefits law that encourage specialization into breadwinning and caregiving roles. By permitting disaggregation of the marriage equation, the new reality of same-sex marriage can serve as …

Garden Of Truth, Sarah Deer

Faculty Scholarship

On Oct. 27, 2011, a report entitled “Garden of Truth: The Prostitution and Trafficking of Native Women in Minnesota” was released in St. Paul, Minn. The report was the culmination of a three-year research project conducted in Minnesota by two nonprofit organizations: the Minnesota Indian Women’s Sexual Assault Coalition, a grassroots organization of Native American women that is based in St. Paul and focuses on outreach and awareness for survivors of sexual assault, and Prostitution Research and Education, a nonprofit organization based in San Francisco. This unique collaboration between advocates of Native American women and social scientists has produced a …

Comparing Single-Sex And Reformed Coeducation: A Constitutional Analysis, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.

Response: And Baby Makes How Many - Using In Re M.C. To Consider Parentage Of A Child Conceived Through Sexual Intercourse And Born To A Lesbian Couple, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Unfinished Business: A Discussion Of Remedies For Victims Of Involuntary Dismissal Under Don't Ask, Don't Tell And Its Predecessor, Toward A True Reconciliation, Robert I. Correales

Scholarly Works

By examining another dark chapter in American history-the internment of Japanese Americans during World War II-this Article makes a moral and legal case for a more complete resolution of harms to victims of anti-gay military discrimination. The successful reparations campaign waged by Japanese Americans who were interned during World War II has provided both inspiration and a helpful blueprint for reparation movements worldwide. This article seeks to show that by observing the parallels between these two dark periods, it is clear that DADT's historical chapter cannot be closed until reparations are paid to those who were victimized by the policies …

Trouble In Sin City: Protecting Sexy Workers' Civil Rights, Ann C. Mcginley

Scholarly Works

While Las Vegas has always been known for its libertarian attitudes toward gambling and sexually provocative shows, after a short, failed attempt during the 1990’s to characterize itself as a family destination, the City has turned up the heat. Las Vegas, which relies increasingly on selling sex appeal to promote its value to the public, has become the number one adult entertainment destination in the United States. There is, however, trouble in paradise. A number of the casino-based clubs (both day and night) have been sued; others have closed due to illegal prostitution; some have paid large fines to the …

Unanswered Questions: Transsexual Parents Lack Equality Under The Illinois Religious Freedom Protection And Civil Union Act, Brittany Francois

Public Interest Law Reporter

No abstract provided.

Modern Courts And The Oldest Profession: The Litigious Development Of Legalized Brothels In Ontario And Nevada, Margaret Davis

Public Interest Law Reporter

No abstract provided.

I Do. Is That Okay With You?: A Look At How Most States Are Circumventing The Full Faith And Credit Clause And Equal Protection Clause To Not Recognize Legal Same-Sex Marriages From Other States And Its Effect On Society, Rebecca Hameroff

Florida A & M University Law Review

Due to statutes, bans, and the Federal Defense of Marriage Act, states do not have to recognize legal same-sex marriages from sister states that recognize same-sex marriage. This paper examines the denial of the fundamental right to marriage for same-sex couples, the violation of the Full Faith and Credit Clause of Article IV, Section 1 of the United States Constitution and Equal Protection Clause of the Fourteenth Amendment of the United States Constitution by not recognizing same-sex marriages legally performed in other states. It starts by looking at the impact these practices have on same-sex couples and the toll it …

The Lawmaking Family, Noa Ben-Asher

Faculty Publications

Increasingly there are conflicts over families trying to “opt out” of various legal structures, especially public school education. Examples of opting-out conflicts include a father seeking to exempt his son from health education classes; a mother seeking to exempt her daughter from mandatory education about the perils of female sexuality; and a vegetarian student wishing to opt out of in-class frog dissection. The Article shows that, perhaps paradoxically, the right to direct the upbringing of children was more robust before it was constitutionalized by the Supreme Court in Meyer v. Nebraska (1923) and Pierce v. Society of Sisters (1925). In …

"I Didn't Agree To Arbitrate That!"-How Courts Determine If Employees' Sexual Assault And Sexual Harassment Claims Fall Within The Scope Of Broad Mandatory Arbitration Clauses, Eric Koplowitz

Cardozo Journal of Conflict Resolution

Throughout the last few decades, mandatory arbitration clauses have become more prevalent in employment contracts. Mandatory arbitration clauses provide employers with a cheaper and less formal method to resolve disputes with their employees once they occur. Employers who want most or all of their employees' claims subjected to mandatory arbitration will use broad language in the arbitration clauses. Despite the use of broad and seemingly all-encompassing language in broad mandatory arbitration clauses, some employees' claims can escape their reach and proceed to court. This Note will look at how courts determine if employees' sexual assault and sexual harassment claims against …