Assessing The History Of Exaggerated Estimates Of The Number Of Children Being Raised By Same-Sex Parents As Reported In Both Legal And Social Science Sources,
2016
Brigham Young University Law School
Assessing The History Of Exaggerated Estimates Of The Number Of Children Being Raised By Same-Sex Parents As Reported In Both Legal And Social Science Sources, Walter R. Schumm, Martin Seay, Keondria Mcclish, Keisha Clark, Abdulla Asiri, Nadyah Abdullah, Shuyi Huang
Brigham Young University Journal of Public Law
No abstract provided.
The Impact Of Obergefell: Traditional Marriage's New Lease On Life,
2016
Brigham Young University Law School
The Impact Of Obergefell: Traditional Marriage's New Lease On Life, David Pimentel
Brigham Young University Journal of Public Law
No abstract provided.
The Results Of Deliberation,
2016
University of Nebraska College of Law
The Results Of Deliberation, Maggie Wittlin
The University of New Hampshire Law Review
When evaluating whether to sue, prosecute, settle, or plead, trial lawyers must predict the future—they need to estimate how likely they are to win a given case in a given jurisdiction. Social scientists have used mock juror studies to produce a vast body of literature showing how different variables influence juror decision making. But few of these studies account for jury deliberation, so they present an impoverished picture of how these effects play out in trials and are of limited usefulness.
This Article helps lawyers better predict the future by presenting a novel computer model that extrapolates findings about jurors …
Punishing Sexual Fantasy,
2016
William & Mary Law School
Punishing Sexual Fantasy, Andrew Gilden
William & Mary Law Review
The Internet has created unprecedented opportunities for adults and teenagers to explore their sexual identities, but it has also created new ways for the law to monitor and punish a diverse range of taboo sexual communication. A young mother loses custody of her two children due to sexually explicit Facebook conversations. A teenager is prosecuted for child pornography crimes after sending a naked selfie to her teenage boyfriend. An NYPD officer is convicted for conspiracy to kidnap several women based on conversations he had on a “dark fetish” fantasy website. In each of these cases, online sexual exploration and fantasy …
La Construcción Contra El Desarrollo: Dos Maneras Distintas De Entender La Gestación Humana,
2016
Valparaiso University
La Construcción Contra El Desarrollo: Dos Maneras Distintas De Entender La Gestación Humana, Richard Stith
Law Faculty Publications
No abstract provided.
Homosexuality - A New Ground For Annulment?,
2016
St. John's University School of Law
Invalidity Of Marriage By Reason Of Sexual Anomalies,
2016
St. John's University School of Law
Invalidity Of Marriage By Reason Of Sexual Anomalies, Charles J. Ritty, J.C.L.
The Catholic Lawyer
No abstract provided.
Sexual Offenses - Legal And Moral Considerations,
2016
St. John's University School of Law
Sexual Offenses - Legal And Moral Considerations, S. Oley Cutler, S.J.
The Catholic Lawyer
No abstract provided.
Relationship Status? It's Complicated: Redefining Sexuality In The Workplace In Light Of Obergefell And The Eeoc,
2016
Florida State University College of Law
Relationship Status? It's Complicated: Redefining Sexuality In The Workplace In Light Of Obergefell And The Eeoc, Patrick Bailey
Florida State University Law Review
No abstract provided.
A Free Speech Response To The Gay Rights/Religious Liberty Conflict,
2016
Northwestern University
A Free Speech Response To The Gay Rights/Religious Liberty Conflict, Andrew Koppelman
Northwestern University Law Review
The most sensible reconciliation of the tension between religious liberty and public accommodations law, in the recent cases involving merchants with religious objections to same-sex marriage, would permit business owners to present their views to the world, but forbid them either to threaten to discriminate or to treat any individual customer worse than others. Even if such businesses have no statutory right to refuse to facilitate ceremonies they regard as immoral, they are unlikely to be asked to participate in those ceremonies. This solution may, however, be forbidden by the law of hostile environment harassment. That raises a severe free …
Doe V. O'Donnell And New York's Sex Offender Registration Act: The Problem Of Continued Registration Under Sora After Leaving The State,
2016
Benjamin N. Cardozo School of Law
Doe V. O'Donnell And New York's Sex Offender Registration Act: The Problem Of Continued Registration Under Sora After Leaving The State, Samantha R. Millar
Cardozo Law Review
No abstract provided.
Retroactive Recognition Of Same-Sex Marriage For The Purposes Of The Confidential Marital Communications Privilege,
2016
William & Mary Law School
Retroactive Recognition Of Same-Sex Marriage For The Purposes Of The Confidential Marital Communications Privilege, Steven A. Young
William & Mary Law Review
No abstract provided.
Reading Deboer And Obergefell Through The "Moral Readings Versus Originalisms" Debate: From Constitutional "Empty Cupboards" To Evolving Understandings,
2016
Boston University School of Law
Reading Deboer And Obergefell Through The "Moral Readings Versus Originalisms" Debate: From Constitutional "Empty Cupboards" To Evolving Understandings, Linda C. Mcclain
Faculty Scholarship
This article assesses the debate over “moral reading” and “originalist” approaches to constitutional interpretation by evaluating the momentous constitutional controversy in the United States over access by same-sex couples to civil marriage. Justice Kennedy’s landmark opinion in Obergefell v. Hodges (2015), which held that such couples have a fundamental right to marry, employed a “moral reading” in emphasizing dual forms of evolving understanding: of constitutional guarantees of equality and the “promise of liberty” and of the institution of marriage. By contrast to the dissenters, the majority rejected a static, narrow reading of the fundamental right to marry – and marriage …
Not Too Separate Or Unequal: Marriage Penalty Relief After Obergefell,
2016
Benjamin N. Cardozo School of Law
Not Too Separate Or Unequal: Marriage Penalty Relief After Obergefell, Mitchell L. Engler, Edward D. Stein
Articles
Joint tax returns have generated controversy for many years. Married couples with the same joint income pay the same tax under our current system regardless of the earnings distribution between the spouses. This approach primarily rests on the idea that married couples share resources and operate as a single economic unit. Critics typically challenge this assumption and lament how marriage might significantly change a couple's taxes. Depending on their earnings breakdown, a couple's taxes could be reduced (a marital bonus for uneven-earners) or increased (a marital penalty for even-earners). These possibilities exist because the joint brackets are typically larger-but not …
Sexual Anomalies And The Law,
2016
St. John's University School of Law
Sexual Anomalies And The Law, John R. Cavanagh
The Catholic Lawyer
No abstract provided.
Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography,
2016
University of Georgia School of Law
Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography, Cory L. Takeuchi
Georgia Journal of International & Comparative Law
No abstract provided.
State & Federal Religious Accommodation Bills: Overview Of The 2015-2016 Legislative Session,
2016
Columbia Law School
State & Federal Religious Accommodation Bills: Overview Of The 2015-2016 Legislative Session, Public Rights/Private Conscience Project
Center for Gender & Sexuality Law
Since the Supreme Court’s 2015 decision in Obergefell v. Hodges, which held that laws limiting marriage to opposite-sex couples were unconstitutional, opponents of marriage equality and LGBT rights have largely turned their attention to the enactment of religious exemption laws. These exemptions allow individuals and organizations to violate certain federal, state, and local laws and regulations that conflict with their religious faith. While some proposed bills are state-level variations on the extremely broad and general federal Religious Freedom Restoration Act (RFRA), passed in 1993, a new variety of legislation provides narrower accommodations specifically relating to religious views about sex, …
Can Prostitution Law Reform Curb Sex Trafficking? Theory And Evidence On Scale Substitution, And Replacement Effects,
2016
Harvard Kennedy School
Can Prostitution Law Reform Curb Sex Trafficking? Theory And Evidence On Scale Substitution, And Replacement Effects, Simon Hedlin
University of Michigan Journal of Law Reform
Sex trafficking, a pervasive problem in many parts of the world, has become increasingly salient to policymakers and the general public. Activists, politicians, and scholars continue to engage in debates about how best to curb it. This Article discusses one especially contentious dimension of these debates: does banning prostitution reduce sex trafficking? Or is legalizing prostitution the optimal approach? Or is there a third, better way? Proceeding both theoretically and empirically, this Article seeks to cast light on the relationship between different types of prostitution laws and the prevalence of sex trafficking and human trafficking. It attempts to make three …
Penal Welfare And The New Human Trafficking Intervention Courts,
2016
Brooklyn Law School
Penal Welfare And The New Human Trafficking Intervention Courts, Kate Mogulescu, Aya Gruber, Amy J. Cohen
Faculty Scholarship
No abstract provided.
The Freedom To Film Pornography,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Freedom To Film Pornography, Marc J. Randazza
Nevada Law Journal
No abstract provided.
