Sexuality and the Law Commons^™

Chapter 9: The Draft

Women's Annotated Legal Bibliography

Cases — p. 291

Annotations — p. 292

Chapter 12: Taxation

Women's Annotated Legal Bibliography

Annotations — p. 319

Chapter 5: Equal Rights Amendment (Era)

Women's Annotated Legal Bibliography

Cases — p. 231

ERA Text — p. 232

Issues Concerning Passage of ERA — p. 232

General Goals of ERA — p. 235

Miscellaneous — p. 236

Chapter 11: International Law

Women's Annotated Legal Bibliography

Cases — p. 311

Status of Women in Particular Nations — p. 312

International Women's Rights — p. 315

Table Of Cases

Women's Annotated Legal Bibliography

The cases in this table are listed alphabetically in boldface with the commonly used name listed in parentheses in italics. Cases are referenced to chapter titles.

Incest Statutes And The Fundamental Right Of Marriage: Is Oedipus Free To Marry?, Carolyn S. Bratt

Law Faculty Scholarly Articles

The U.S. Supreme Court has found that the right to marry is a constitutionally protected right. That right is restricted, however, by state incest statutes which impede marriage between adults by making some choices of a marriage partner illegal. The constitutional validity of modern state incest statutes is difficult to analyze because of shifting definitions, reflexive fears, ambivalent attitudes, and underlying facile generalizations.

The mere word "incest" triggers strong feelings of revulsion in most people. Therefore, any a priori labeling of a marriage as incestuous tends to preclude objective thought about the permissibility of the particular form of the marriage …

Preface

Women's Annotated Legal Bibliography

No abstract provided.

Introduction, Eleanor Holmes Norton

Women's Annotated Legal Bibliography

No abstract provided.

Chapter 3: Des

Women's Annotated Legal Bibliography

Cases — p. 89

Annotations — p. 91

Chapter 10: Health

Women's Annotated Legal Bibliography

Cases — p. 290

Surrogate Motherhood — p. 300

Childbirth-Related Issues — p. 306

Health Care in General — p. 307

Miscellaneous Issues — p. 308

Addiction — p. 309

Breast Cancer — p. 309

The Propriety Of Denying Entry To Homosexual Aliens: Examining The Public Health Service's Authority Over Medical Exclusions, Robert Poznanski

University of Michigan Journal of Law Reform

This Note defends the position that the PHS has the authority to define homosexuality for the purpose of the section 212(a)(4) exclusion, and that the PHS definition is binding upon the INS. Therefore, the PHS's decision to refuse to examine aliens for homosexuality precludes the INS from excluding aliens on that basis. Part I of this Note traces the history of the policy of excluding homosexual aliens. Part II maintains that, regardless of the psychiatric profession's interpretation of ''psychopathic personality,'' Congress intended the expression to encompass homosexuality. Part III contends that Congress intended to empower the PHS to change its …

Artificial Conception: A Legislative Proposal, Felicia R. Fashing

Cardozo Law Review

No abstract provided.

The Legal And Economic Implications Of Sexual Harassment, Suzanne E. Andrews

North Carolina Central Law Review

No abstract provided.

Differentiating Sex From Sex: The Male Irresistible Impulse, Jane H. Aiken

Georgetown Law Faculty Publications and Other Works

The courts have not wholeheartedly embraced the idea of equality of the sexes, and therefore do not attack sex discrimination with the same vigor as they attack racism. Rather, the courts are equivocal about sexual equality and weigh equality less carefully for sex than for race. Color is thought an arbitrary distinction; gender, however, is assumed to be something of substance.

When courts sustain sex discrimination, they generally do not characterize it as such. Rather, differences between the sexes, both real and imagined, are used to justify the gender distinction. It is easy to be hypnotized by the purported differences …

Book Review Of Sexual Politics, Sexual Communities: The Making Of A Homosexual Minority In The United States 1940–1970, By John D’Emilio, Arthur S. Leonard

Other Publications

No abstract provided.

Reproductive And Sexual Freedom In The 1980s, Rhonda Copelon

Antioch Law Journal

The inclusion of issues of reproductive and sexual freedom in this symposium is itself a sign of great progress. The civil liberties agenda which, until the last decade, was largely focused on first amendment issues, has grown substantially. This is because the movements of the last several decades-civil rights, black power, feminist, anti-war, Native American, lesbian and gay, anti-nuclear, and others-have broadened our understanding of the meaning of repression. In 1960, for example, there was only a hardy band of progressive civil libertarians working on the idea that a woman's right to contraception and abortion is fundamental to her liberty.' …

Artificial Insemination And The Law, Brent J. Jensen

BYU Law Review

No abstract provided.

Personhood And The Contraceptive Right, Joseph W. Rebone

Indiana Law Journal

No abstract provided.

The Demise Of Civil Nuisance Actions In Obscenity Control, Rosalee C. Gorman

Loyola University Chicago Law Journal

No abstract provided.

Rape Of The Mentally Deficient: Satisfaction Of The Nonconsent Element, 15 J. Marshall L. Rev. 115 (1982), Susan L. Brody

UIC Law Review

No abstract provided.

Undue Influence And The Homosexual Testator, Jeffrey G. Sherman

All Faculty Scholarship

No abstract provided.

People V. Onofre: Can The State Peek Into Your Bedroom?, Matthew Thomas Robinson

In the Public Interest

No abstract provided.

Sex Selection Abortion: A Constitutional Analysis Of The Abortion Liberty And A Person's Right To Know, John R. Schaibley Iii

Indiana Law Journal

No abstract provided.

The Rights Of Gay Prisoners: A Challenge To Protective Custody, Joan W. Howarth

Scholarly Works

This Note focuses on the specific issues raised by the traditional method of dealing with homosexuals in prison: isolation from the general prison population. This traditional segregation often results in almost twenty-four hour-a-day confinement to a cell, which severely limits access to programs and opportunities normally enjoyed by prisoners.

This Note first discusses the history and current practice of segregation of gay prisoners' as well as the broader subject of protective custody, and then outlines the judicial response to the problems of protective custody prisoners generally and gay prisoners specifically. It then critiques the judicial confusion and resulting reluctance to …

Parental Notification As A Prerequisite For Minors' Access To Contraceptives: A Behavioral And Legal Analysis, Michael N. Finger

University of Michigan Journal of Law Reform

This article examines whether the constitutional right of parents to determine what is best for their children prevents the state from permitting minors access to contraceptives without notifying their parents. Part I examines the effect of the presence or absence of a notice requirement upon the interests of parents, minors, and the state. Part II reviews the development of the constitutional right of privacy and the impact of parental rights and state interests on the extension of privacy rights to minors. Part III considers the manner in which the interests of minors, parents, and the state should be balanced. The …

Book Review, Robert F. Nagel

Publications

No abstract provided.

Freedom And Constraint In The Jewish Judicial Process, Norman Lamm, Aaron Kirschenbaum

Cardozo Law Review

No abstract provided.

Fornication, Cohabitation, And The Constitution, Michigan Law Review

Michigan Law Review

This Note begins with the indisputable assumption that laws prohibiting fornication and cohabitation are nowhere explioitly forbidden by the Constitution. If a right to engage in consensual adult heterosexual activity exists, it will most convincingly be inferred from the Court's cases establishing a right of "privacy." The Note first seeks to discover an adequate definition of privacy which might lead to a decision whether "privacy" encompasses the right .to fornicate or cohabit (a right which, for brevity's sake, we will somewhat imprecisely call the right to, sexual privacy), but it finds no such definition. The Note therefore proceeds to investigate …

Judicial Notice: Should The Court Know A Female When It Sees One?- Sumpter V. State, Timothy D. Blue

Indiana Law Journal

No abstract provided.

Civil Rights—Homosexual Teacher Dismissal: A Deviant Decision—Gaylord V. Tacoma School District No. 10, 88 Wn. 2d 286, 559 P.2d 1340, Cert. Denied, 98 S. Ct. 234 (1977), James H. Lowe

Washington Law Review

The facts culminating in James Gaylord's dismissal were undisputed. Gaylord had been a highly regarded public high school teacher for nearly twelve years when a student sought his counsel on several topics, including homosexuality. During their conversation the student formed the belief, not predicated upon any admission by Gaylord, that the teacher was homosexual. A year later he reported this belief to the vice-principal, who elicited Gaylord's confirmation of its accuracy. The school board promptly dismissed Gaylord on the ground of "immorality,"' because he had become a publicly known homosexual. There was no criticism of Gaylord's conduct toward any student …