Genderfucking Non-Disclosure: Sexual Fraud,
Transgender Bodies, And Messy Identities,
2018
McGill University
Genderfucking Non-Disclosure: Sexual Fraud, Transgender Bodies, And Messy Identities, Florence Ashley
Dalhousie Law Journal
If I don't tell you that I was assigned male at birth, as a transgender person, can I go to jail for sexual assault by fraud? In some jurisdictionslike England or Israel, the answer is: yes. Previous arguments against this criminalisation have focused on the realness of trans people's genders: since trans men are men and trans women are women, it is not misleading for them to present as they do. Highlighting the limitationsofthis position, which doesn't fully account for the messiness ofgendered experiences, the author puts forward an argument against the criminalisation of (trans)gender history non-disclosure rooted in privacy. …
Emerging Best Practices For The Management And Treatment Of Lesbian, Gay, Bisexual, Transgender, Questioning, And Intersex Youth In Juvenile Justice Settings,
2018
American University Washington College of Law
Emerging Best Practices For The Management And Treatment Of Lesbian, Gay, Bisexual, Transgender, Questioning, And Intersex Youth In Juvenile Justice Settings, Brenda V. Smith, Hayley Gorenberg, J. Rhodes Perry, Lisa Belmarsh, Shaena Johnson, Steven Jett, Rebecca Walters, Macarena Saez, Dana Shoenberg, Terry Schuster, Josh Delaney, Karen Bachar, Mykel Selph, Mark Seymour, Sharita Gruberg, Chris Daley, Mark Yarhouse
Research Reports & White Papers
In 2016 according to the U.S. Department of Justice, 856,130 youth were arrested and 45,567 juveniles were held in 1,772 residential juvenile facilities across the country. Detained and confined youth share many characteristics: most are from poor communities and lack access to quality health care. Mental illness and sexually transmitted infections are prevalent. Compared to their non-confined counterparts, incarcerated youth also experience higher rates of substance abuse and homelessness, are educationally behind their peers, are disproportionately identified as needing special education services, and are more likely to have had traumatic experiences (including sexual and emotional abuse) and injuries including traumatic …
The Modern-Day Scarlet Letter: Erasing The Scar Of Non-Consensual Pornography Through Affirmative Consent,
2018
Brooklyn Law School
The Modern-Day Scarlet Letter: Erasing The Scar Of Non-Consensual Pornography Through Affirmative Consent, Jennifer Esposito
Journal of Law and Policy
Most have heard the phrase “revenge pornography” via the various websites that have infiltrated the internet for the sole purpose of posting this type of content. Not only do these websites display photos and videos of the victim in their most intimate moments, but they also often include names, addresses, phone numbers, and other identifying information. While many people know what revenge pornography is, they are completely unaware of the devastating impact that revenge pornography has on victims, the majority of which are women. As a result of revenge pornography, victims often suffer from mental illnesses (depression, anxiety, suicidal ideation, …
Speech-And-Display Laws: Balancing Physicians' Free Speech Rights And States' Interests In The Context Of Abortion,
2018
Brooklyn Law School
Speech-And-Display Laws: Balancing Physicians' Free Speech Rights And States' Interests In The Context Of Abortion, Emily Ruppert
Journal of Law and Policy
“The question is not pro-abortion or anti-abortion, the question is who makes the decision: a woman and her physician, or the government.” – Gloria Steinem
Kevin Vallier And Michael Weber: Religious Exemptions,
2018
Benjamin N. Cardozo School of Law
Kevin Vallier And Michael Weber: Religious Exemptions, Edward A. Zelinsky
Articles
No abstract provided.
Preventing Sexual Harassment And Misconduct In Higher Education: How Lawyers Should Assist Universities In Fortifying Ethical Infrastructure,
2018
Texas A&M University School of Law
Preventing Sexual Harassment And Misconduct In Higher Education: How Lawyers Should Assist Universities In Fortifying Ethical Infrastructure, Susan Saab Fortney
Faculty Scholarship
The shocking reports of sexual misconduct involving Larry Nassar, the former physician at Michigan State University, captured attention worldwide. More than 300 women sued alleging that the university ignored or dismissed complaints. In Congressional testimony the former president of Michigan State apologized and noted that an independent review of the university's policies revealed that they were among the most robust that the consultants had seen. This raises the question as to how sexual misconduct could have gone unaddressed for many years. The answer to this question may be found in a 2018 Consensus Report of the National Academies of Sciences, …
A Reflection On The Recent Nigerian Legislation Against Same Sex Marriage Vis-À-Vis Rising Gay Activism In The Western World,
2018
Brigham Young University Law School
A Reflection On The Recent Nigerian Legislation Against Same Sex Marriage Vis-À-Vis Rising Gay Activism In The Western World, Larry O. C. Chukwu
Brigham Young University Journal of Public Law
The Same Sex Marriage (Prohibition) Act recently enacted by Nigeria criminalizes marriage or civil union between persons of the same sex; solemnization of same sex marriage or civil union or witnessing, aiding or abetting the same; registration, operation, membership or support of gay clubs; pub lic show of same sex amorous relationship and related matters. Each of these offences attracts a long term of imprisonment. The Act was enacted in bold defiance of threats of economic and political sanctions by the Western powers against any developing cou ntry that enacts anti - gay legislation. This paper analyzes the Act against …
A Reflection On The Recent Nigerian Legislation Against Same Sex Marriage Vis-À-Vis Rising Gay Activism In The Western World,
2018
Brigham Young University Law School
A Reflection On The Recent Nigerian Legislation Against Same Sex Marriage Vis-À-Vis Rising Gay Activism In The Western World, Stephen L. West
Brigham Young University Journal of Public Law
The Same Sex Marriage (Prohibition) Act recently enacted by Nigeria criminalizes marriage or civil union between persons of the same sex; solemnization of same sex marriage or civil union or witnessing, aiding or abetting the same; registration, operation, membership or support of gay clubs; pub lic show of same sex amorous relationship and related matters. Each of these offences attracts a long term of imprisonment. The Act was enacted in bold defiance of threats of economic and political sanctions by the Western powers against any developing cou ntry that enacts anti - gay legislation. This paper analyzes the Act against …
Section 7: Civil Rights,
2018
William & Mary Law School
Section 7: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Trafficking Technology: A Look At Different Approaches To Ending Technology-Facilitated Human Trafficking,
2018
J.D. Candidate, 2017, Pepperdine University School of Law
Trafficking Technology: A Look At Different Approaches To Ending Technology-Facilitated Human Trafficking, David Barney
Pepperdine Law Review
In 2018, many believe that slavery is an antiquated concept. But as with anything else, if it has not become extinct, it has evolved with time. Human trafficking is no different. Each year, millions of men, women and children are trafficked in the United States, and internationally, and forced to work against their will. Through the rise of technology and an increasingly globalized world, traffickers have learned to use technology as a tool to help facilitate the trafficking of persons and to sell those victims to others they never could have reached before. But what are we doing about it? …
Leveraging Regional Human Rights Mechanisms Against Universal Human Rights: The Oic Independent Permanent Human Rights Commission Study On Sexual Orientation,
2018
William & Mary Law School
Leveraging Regional Human Rights Mechanisms Against Universal Human Rights: The Oic Independent Permanent Human Rights Commission Study On Sexual Orientation, Robert C. Blitt
William & Mary Law Review Online
This article critically assesses a recent study on sexual orientation and gender identity (SOGI) prepared by the Organization for Islamic Cooperation’s (OIC) Independent Permanent Human Rights Commission (IPHRC). The first two parts review the establishment of the IPHRC and the norms governing regional human rights mechanisms (RHRMs). Following this, the article demonstrates that the methodology and conclusions evidenced in the IPHRC’s SOGI study diametrically oppose substantive international human rights law, and furthermore undermine the intended purpose of RHRMs within the human rights system. The article concludes by recommending that human rights advocates and others clearly and publicly call out these …
Sexual Orientation Discrimination Under Title Vii: The Promising Road Ahead,
2018
Loyola Marymount University and Loyola Law School
Sexual Orientation Discrimination Under Title Vii: The Promising Road Ahead, Sydney Wright
Loyola of Los Angeles Law Review
No abstract provided.
Motherhood, Abortion, And The Medicalization Of Women’S Poverty,
2018
Santa Clara University School of Law
Motherhood, Abortion, And The Medicalization Of Women’S Poverty, Michelle Oberman
Faculty Publications
This article considers the impact of laws and policies that determine who experiences unplanned pregnancy, who has abortions, and how economic status shapes one’s response to unplanned pregnancy. There is a well-documented correlation between abortion and poverty: poor women have more abortions than do their richer sisters. Equally well-documented is the correlation between unplanned pregnancy and poverty. Finally, the high cost of motherhood for poor women and their offspring manifests in disproportionately high lifelong rates of poverty, ill-health and mortality for offspring and mothers, alike. Read together, these factors offer a vivid illustration of the medicalization of poverty.
The Consideration Of Male Victims Of Sexual Violence As A Subset Of The Particular Social Group “Homosexual” In Adjudicating Asylum Claims,
2018
Elisabeth Haub School of Law at Pace University
The Consideration Of Male Victims Of Sexual Violence As A Subset Of The Particular Social Group “Homosexual” In Adjudicating Asylum Claims, Christiana Desrosiers
Pace International Law Review
This Article analyzes the difficulties African male victims of sexual violence experience when seeking asylum in homophobic host countries and the lack of attention they receive from international and national governments and organizations. It concludes by recommending that male victims of sexual violence be able to seek asylum in host countries due to lack of medical care that they receive in their countries on account of imputed homosexual status.
Reorienting The Rules Of Evidence,
2018
Washburn University School of Law
Reorienting The Rules Of Evidence, Gillian R. Chadwick
Cardozo Law Review
Latent heterosexism is deeply engrained in the common sensibility of the American legal system. In sexual assault cases, that latent heterosexism reveals itself in disparate admissibility rulings and practices regarding evidence that purports to demonstrate a defendant's sexual orientation. When defendant and victim are of the same gender, evidence that a defendant is straight is used to prove innocence, while evidence that a defendant is gay or bisexual is used to prove guilt. This evidence is used to advance narratives invoking anti-gay and anti-bisexual stereotypes of deviance and criminality. Similar arguments are not made in cases involving opposite-gender defendant and …
Legitimacy And Protection Against Sexual Orientation Discrimination Under Title Vii,
2018
Indiana University Maurer School of Law
Legitimacy And Protection Against Sexual Orientation Discrimination Under Title Vii, Matt Snodgrass
Indiana Law Journal
Until relatively recently federal courts have held that claims of discrimination based in sexual orientation fall beyond the purview of Title VII protection. Even after the landmark holding in Price Waterhouse that recognized discrimination based in sex stereotypes and subsequent amendment to Title VII, courts resisted “bootstrapping” sexual orientation claims with sex discrimination claims. The result has been a number of puzzling outcomes—for example, extending Title VII protection to gay men who received adverse employment treatment due to stereotypically “effeminate” mannerism but not to gay men who meet cultural standards of masculinity— rigidly applying the structure of protected categories in …
Gender In The Context Of Same-Sex Divorce And Relationship Dissolution,
2018
Rutgers Law School
Gender In The Context Of Same-Sex Divorce And Relationship Dissolution, Suzanne A. Kim, Edward D. Stein
Articles
This article identifies ways that judges, lawyers, researchers, and policy makers may attend to the role of gender and gender dynamics facing same-sex couples upon divorce or other relationship dissolution. When same-sex couples marry, the legal system and society at large may project conceptions of gender onto same-sex couples, often in a manner that conflicts with couples’ intentions and practices. Gender and gender dynamics may affect the bases for dissolution, the financial aspects of dissolution, and the determination of child custody. The article also suggests directions for future research on the impact of gender on the dissolution of same-sex relationships.
The Story Of Parenthood,
2018
Florida State University College of Law
Rwu First Amendment Blog: David Logan's Blog: Discovering Trump 06-22-2018,
2018
Roger Williams University School of Law
Rwu First Amendment Blog: David Logan's Blog: Discovering Trump 06-22-2018, David A. Logan
Law School Blogs
No abstract provided.
Rape By Fraud: Eluding Washington Rape Statutes,
2018
Seattle University School of Law
Rape By Fraud: Eluding Washington Rape Statutes, Michael Mullen
Seattle University Law Review
Existing Washington law does not sufficiently safeguard its citizens from “rape by fraud,” an action whereby a person obtains sexual consent and has sexual intercourse of any type by fraud, deception, misrepresentation, or impersonation. Rape by fraud is a form of sexual predation not always prosecutable under existing Washington law. In recent years, twelve states have adopted expanded rape by fraud statutory provisions. Presently, Washington’s rape statutes lack the expansive rape by fraud statutory language adopted by these twelve states. A recent sexual scam in Seattle has revealed holes in Washington’s rape statutes. This Note examines the history of rape …
