Sexuality and the Law Commons^™

Finding The Sex In Sexual Harassment: How Title Vii And Tort Schemes Miss The Point Of Same-Sex Hostile Environment Harassment, Yvonne Zylan

University of Michigan Journal of Law Reform

It has been nearly a quarter century since the United States Supreme Court first recognized the cause of action for a sexually hostile work environment under Title VII of the Civil Rights Act of 1964. In Meritor Savings Bank v. Vinson, the Court essentially adopted the view offered by legal academician Catharine MacKinnon that harassment taking the form of a sexually hostile work environment is a manifestation of gender-based power. In so doing, the Court created a remedy for many aggrieved employees, permitting redress in the federal courts for a problem that makes many workplaces unbearable. At the same …

Conceptualizing Violence Against Pregnant Women, Deborah Tuerkheimer

Indiana Law Journal

No abstract provided.

From Stonewall To The Suburbs? Toward A Political Economy Of Sexuality, Angela P. Harris

William & Mary Bill of Rights Journal

No abstract provided.

Sexuality And Sovereignty: The Global Limits And Possibilities Of A Lawrence, Sonia K. Katyal

William & Mary Bill of Rights Journal

No abstract provided.

The Backlash Thesis And Same-Sex Massiage: Learning From Brown V. Board Of Education And Its Aftermath, Carlos A. Ball

William & Mary Bill of Rights Journal

No abstract provided.

Patriotic Homosocial Discourse, Kim H. Pearson

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Book Review: Ian Ayres & Jennifer Gerarda Brown, Straightforward: How To Mobilize Heterosexual Support For Gay Rights, Evan Wolfson

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Legal Archaeology And Feminist Legal Theory: A Case Study Of A Violation Of A Protective Order , Debora L. Threedy

ExpressO

This article explores the intersection between the field of legal archaeology and feminist legal theory through the medium of a case study of the prosecution of the violation of a protective order.

Both legal archaeology and feminist theory employ “bottom up,” or grounded, theorizing; that is, they begin with specific context and move from there to generalization or abstraction, rather than the other way around. And both operate from a critical perspective that consciously challenges what we think we know about how law operates. For example, both are interested in exploring how systemic vulnerabilities, such as conscious or unconscious gender …

The Focused Attention Of Others: A Conceptual And Normative Model Of Personal And Legal Privacy, Jeffery L. Johnson

ExpressO

The article defends an analysis of privacy as those areas of a person’s life where s/he is entitled to immunity from the illegitimate focused attention of others. It goes on to argue that such a model encompasses the concept of privacy in colloquial and legal contexts. The article concludes with an analysis of the normative value of privacy.

Fuck, Christopher M. Fairman

ExpressO

This Article is as simple and provocative as its title suggests: it explores the legal implications of the word fuck. The intersection of the word fuck and the law is examined in four major areas: First Amendment, broadcast regulation, sexual harassment, and education. The legal implications from the use of fuck vary greatly with the context. To fully understand the legal power of fuck, the nonlegal sources of its power are tapped. Drawing upon the research of etymologists, linguists, lexicographers, psychoanalysts, and other social scientists, the visceral reaction to fuck can be explained by cultural taboo. Fuck is a taboo …

The Expressive Impact Of Patents, Timothy R. Holbrook

ExpressO

Patents represent a quid pro quo between the public and the inventor: in exchange for disclosing the invention, the inventor receives the right to exclude others from practicing her invention. They therefore serve as a source technical information. Patents also communicate information to markets and companies that serve to reduce various transaction costs, allowing more efficient transactions and investment. Patents consequently communicate various types of information beyond the technical.

There is no reason, however, that such messages must be limited to the technical or the pecuniary. This Article explores whether patents, like other governmental acts such as legislation, can create …

Poor Whites, Benevolent Masters, And The Ideologies Of Slavery: A Slave Accused Of Rape In The Antebellum South, Jason A. Gillmer

ExpressO

This Article analyzes in detail a case involving a slave accused of raping a white woman in the 1850s to offer a fresh perspective on our basic assumptions about sex and race in the slave South. Joining a new group of “cultural-legal historians,” the author looks beyond the legal language of Southern legislatures and high courts, and focuses instead on the trial record of one case: State v. Pleasant. In doing so, the author uncovers the stories of ordinary men and women – the slave, his master, his accuser, his attorney, the jurors, and others – to see how the …

"God's Created Order," Gender Complementarity, And The Federal Marriage Amendment, Linda C. Mcclain

Brigham Young University Journal of Public Law

No abstract provided.

The Supreme Court And Same-Sex Marriage: A Prediction , Robert E. Riggs

Brigham Young University Journal of Public Law

No abstract provided.

Same-Sex Marriage: When Will It Reach Utah?, Robert Wintemute

Brigham Young University Journal of Public Law

No abstract provided.

The Debates About Same-Sex Marriage In Canada And The United States: Controversy Over The Evolution Of A Fundamental Social Institution, Nicholas Bala

Brigham Young University Journal of Public Law

No abstract provided.

Full Faith And Republican Gaurantees: Gay Marriage, Fmpa, And The Courts, John C. Eastman

Brigham Young University Journal of Public Law

No abstract provided.

Proceed At Your Own Risk: The Balance Between Academic Freedom And Sexual Harassment, John E. Matejkovic, David A. Redle

Brigham Young University Education and Law Journal

No abstract provided.

Why The Politics Of Marriage Matter: Evaluating Legal And Strategic Approaches On Both Sides Of The Debate On Same-Sex Marriages, Kenneth K. Hsu

Brigham Young University Journal of Public Law

No abstract provided.

Coming Out For Kids: Recognizing, Respecting, And Representing Lgbtq Youth, Barbara Fedders

Nevada Law Journal

No abstract provided.

God Bless The Child: The United States' Response To Domestic Juvenile Prostitution, Nesheba Kittling

Nevada Law Journal

No abstract provided.

Report Of The Working Group On The Role Of Sex And Sexuality, Working Group On The Role Of Sex And Sexuality

Nevada Law Journal

No abstract provided.

Prescription Contraceptives And The Pharmacist's Right To Refuse: Examining The Efficacy Of Conscience Laws, Dennis Rambaud

Cardozo Public Law, Policy & Ethics Journal

The note examines the ethical and legal implications of pharmacists refusing to fill prescriptions for contraceptives based on moral or religious objections. It argues that existing legal protections under Title VII of the Civil Rights Act and professional standards already provide adequate safeguards for pharmacists, rendering additional conscience laws unnecessary. The analysis emphasizes the need to balance pharmacists' rights with patients' access to essential medications, highlighting concerns that conscience laws may hinder patient care without ensuring referrals to alternative providers.

Principled Parentage: Abandoning The Gender-Based Underpinnings Of Legal Parentage Analysis As Applied In The Context Of Gestational Surrogacy, Jennifer A. Kimball

ExpressO

While reproductive technology has provided new options for women who want children, our legal understanding of parentage is still informed by the traditional conception model of two parents: one male and one female. A parent who both is a biological parent and has developed a parent-child relationship with a genetic child ought to be considered a legal parent as well. This conclusion ought not to be vulnerable to attack based on the gender of the other parent; rather, each parent’s claims should be evaluated independently. When gender becomes irrelevant and we abandon the gender-based underpinnings of legal parentage analysis as …

Superstition-Based Injustice In Africa And The United States: The Use Of Provocation As A Defense For Killing Witches And Homosexuals, Jennifer Dumin

ExpressO

This Article examines two different instances where strong cultural and religious beliefs suggest that an individual is justified in taking another’s life. Focusing primarily on South Africa and the United States, it argues that the rationale used to defend those who kill suspected witches and those who kill suspected homosexuals is the same – merely because a criminal holds a belief that the victim is evil, the criminal is somehow entitled to a lesser punishment. In the United States, those who readily recognize the absurdity of the witchcraft defense may have some difficulty in recognizing the same level of absurdity …

Book Review: Legal Tenderness, Martha M. Ertman

Faculty Scholarship

No abstract provided.

Divesting From The Apartheid Of The Closet: Toward An Enriched Legal Discourse Of Sexual And Gender Identity, Jennifer M. Protas

McGeorge Law Review

No abstract provided.

Wedlock Deadlock: Equal Protection Versus The Will Of The Voters, Laura E. Friedman

McGeorge Law Review

No abstract provided.

Transsexuals And The Family Medical Leave Act, 24 J. Marshall J. Computer & Info. L. 315 (2006), Charles Thomas Little

UIC John Marshall Journal of Information Technology & Privacy Law

This article examines the implications for transsexuals seeking sexual reassignment surgery (“SRS”) under the Family Medical Leave Act (“FMLA”). Currently, the scant case law pertaining to the FMLA suggests that the statutes and regulations will likely fail to provide even minimal protection to transsexuals. If applied literally, the FMLA may present barriers to transsexuals seeking SRS in opposition to the true purpose behind the Act, which is to allow employees the opportunity to take reasonable leave from work by mandating more medical leave than the employers might otherwise be willing to grant for things such as the adoption or birth …

Asking The Straight Question: How To Come To Speech In Spite Of Conceptual Liquidation As A Homosexual, Jose M. Gabilondo

Faculty Publications

No abstract provided.