Inheritance Law And The Marital Presumption After Obergefell,
2016
University of Maryland School of Law
Inheritance Law And The Marital Presumption After Obergefell, Paula A. Monopoli
Faculty Scholarship
No abstract provided.
When Choice Itself Hurts The Quality Of Life,
2016
Valparaiso University
When Choice Itself Hurts The Quality Of Life, Richard Stith
Law Faculty Publications
“When Choice Itself Hurts the Quality of Life” (how the results of choice may be seen as the fault of the chooser), Human Life Review, vol. XLII, No. 4, Fall 2016. For a more extensive analysis, see "Her Choice, Her Problem: How Having a Choice Can Diminish Family Solidarity", International Journal of the Jurisprudence of the Family, 2 Intl. J. Jurisprudence Fam. 179 (2011)
Hidden Behind A 53 Foot Trailer: Are Women Truck Drivers At Risk For Sexual Assault?,
2016
Western Kentucky University
Hidden Behind A 53 Foot Trailer: Are Women Truck Drivers At Risk For Sexual Assault?, Kim Bourne
Nursing Faculty Publications
Background. Sexual assault affects one in five women, worldwide, across their lifetime; approximately 22 million women in the United States (US). Only twenty-seven percent of the assaults are reported to the police. In the US, approximately 8% of the sexual assaults on women occur in the workplace; late hours of the night or early morning hours, working alone, working in isolated areas, working with the public, and working in a mobile workplace place women at an increased risk. There are approximately 200,000 women long-haul truck drivers in the US; 132,000 drives with a partner, and 99,000 drives with their intimate …
Obergefell And The "New" Reproduction,
2016
Florida State University College of Law
Obergefell And The "New" Reproduction, Courtney Megan Cahill
Scholarly Publications
No abstract provided.
Gender And Non-Normative Sex In Sub-Saharan Africa,
2016
Washington and Lee University School of Law
Gender And Non-Normative Sex In Sub-Saharan Africa, Johanna Bond
Michigan Journal of Gender & Law
This Article argues for the adoption of a gender-based framework to supplement rights promotion strategies and campaigns based on LGBTI identity. The Article draws upon feminist, queer, and trans theory to develop an expansive understanding of gender within international human rights law. An analysis incorporating such theory will catalyze more systematic promotion of LGBTI rights. Although the approach is applicable across a variety of geographic contexts, this Article uses sub-Saharan Africa as an illustrative case study. A focus on gender rights as supplementary to and interrelated with LGBTI rights offers both conceptual and pragmatic benefits in the struggle to promote …
Comment: De Facto Parents In Maryland: When Will The Law Recognize Their Rights?,
2016
University of Baltimore Law
Comment: De Facto Parents In Maryland: When Will The Law Recognize Their Rights?, Michelle E. Kelly
University of Baltimore Law Forum
Rachel and Allison were in a committed same-sex relationship beginning in 1990. Although they never legally married, the couple decided to manifest their love by having a child in 2001. Rachel and Allison both agreed that Rachel would carry the child by way of an anonymous sperm donor. Their child, Kevin, was born on September 3, 2002. Allison was present in the delivery room and even cut the umbilical cord. From the time Kevin was born until the summer of 2009 when Rachel and Allison ended their relationship, the couple equally raised and cared for Kevin, sharing all major and …
From Out To In: The Opportunity And Need For Clinical Law Programs To Effectively Serve Low-Income Lgbt Individuals,
2016
University of New Mexico - School of Law
From Out To In: The Opportunity And Need For Clinical Law Programs To Effectively Serve Low-Income Lgbt Individuals, Sarah Steadman
Faculty Scholarship
Although the recent legalization of same-sex marriage in the U.S. is heartening for lesbians and gays, the resulting discriminatory legislative backlash against the LGBT population shows that this community continues to be marginalized and at risk. Over two hundred anti-LGBT bills have been introduced in state legislatures since January 2016. North Carolina recently passed anti-LGBT legislation that eliminated and prohibits LGBT anti-discrimination protections, and bars transgender individuals from using gender congruent public bathrooms. One result of recent and historical discrimination is LGBT individual's newfound and pre-existing fears of encountering anti-LGBT bias when seeking legal services, even as recent developments have …
Campus Insecurity: Due Process, Proof, And Procedure In Campus Sexual Assault Investigations,
2016
American University Washington College of Law
Campus Insecurity: Due Process, Proof, And Procedure In Campus Sexual Assault Investigations, Travis Nemmer
Criminal Law Practitioner
No abstract provided.
Child Sexual Abuse Victims And The Confrontation Clause,
2016
University of Hawaii
Child Sexual Abuse Victims And The Confrontation Clause, Nichole Timmreck
Criminal Law Practitioner
No abstract provided.
My Body Is My Temple: Utilizing The Concept Of Dignity In Supreme Court Jurisprudence To Fight Sex Reassignment Surgery Requirements For Recognition Of Legal Sex,
2016
American University Washington College of Law
My Body Is My Temple: Utilizing The Concept Of Dignity In Supreme Court Jurisprudence To Fight Sex Reassignment Surgery Requirements For Recognition Of Legal Sex, Doran Shemin
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Implicit In The Concept Of Ordered Liberty: How Obergefell V. Hodges Illuminates The Modern Substantive Due Process Debate, 49 J. Marshall L. Rev. 1021 (2016),
2016
UIC School of Law
Implicit In The Concept Of Ordered Liberty: How Obergefell V. Hodges Illuminates The Modern Substantive Due Process Debate, 49 J. Marshall L. Rev. 1021 (2016), Matthew Grothouse
UIC Law Review
This Article uses the historical sweep of the Due Process Clause to evaluate the merits of Obergefell’s majority and dissenting opinions. Specifically, the Article explains why the Due Process Clause’s prohibition on arbitrary punishments in general—and legislative judgments in particular—invariably mandates the judicial nullification of arbitrary and irrational legislative acts. What exactly constitutes a “legislative judgment” and how much deference courts should exercise in examining legislative acts are the crucial and largely unanswered questions lying at the heart of the Obergefell case (and in substantive due process cases in general). Although the Obergefell Court’s discussion focuses on a single case, …
When One Spouse Has It: Dementia And The Permissibility Of Marital Sex Under Criminal Statute, 49 J. Marshall L. Rev. 1225 (2016),
2016
UIC School of Law
When One Spouse Has It: Dementia And The Permissibility Of Marital Sex Under Criminal Statute, 49 J. Marshall L. Rev. 1225 (2016), James Cook
UIC Law Review
The purpose of this article is to explore defining the acceptable parameters of marital sexual behavior, in situations where only one spouse has dementia, through criminal statute.
Sexual Orientation And Gender Identity,
2016
Southern Methodist University
Sexual Orientation And Gender Identity, Mark E. Wojcik
The International Lawyer
No abstract provided.
Race-Based Reverse Employment Discrimination Claims: A Combination Of Factors To The Prima Facie Case For Caucasian Plaintiffs,
2016
Benjamin N. Cardozo School of Law
Race-Based Reverse Employment Discrimination Claims: A Combination Of Factors To The Prima Facie Case For Caucasian Plaintiffs, Shirley W. Bi
Cardozo Law Review de•novo
This Note discusses the practical impact resulting from the different modifications of the first prong of the McDonnell Douglas burden-shifting framework in reverse discrimination cases. Part I of this Note will provide background information on traditional Title VII racial discrimination claims, when a minority plaintiff alleges racial discrimination in her workplace. Then, it will introduce the three step burden-shifting framework set forth in McDonnell Douglas Corp. v. Green, which is the foundation for reverse racial discrimination cases. This Note focuses on the first of the four prongs of the prima facie analysis used by federal courts. Part II will …
Same-Sex Parenting Among A Patchwork Of Laws: An Analysis Of New York Same-Sex Parents’ Options For Gaining Legal Parental Status,
2016
Benjamin N. Cardozo School of Law
Same-Sex Parenting Among A Patchwork Of Laws: An Analysis Of New York Same-Sex Parents’ Options For Gaining Legal Parental Status, Alexander Newman
Cardozo Law Review de•novo
While national attention has focused on the recent Supreme Court decision, Obergefell v. Hodges, which legalized same-sex marriage, less attention has been paid to the aftermath: how will those same-sex couples, now legally married, use laws drafted for different-sex couples? This Note will focus on one of these conflicts: the children born to and adopted by same-sex couples, and the legal relationship between the couples and their children within the state of New York. As nontraditional families have become more prevalent, the law has lagged behind and families have been forced to apply outdated laws to new arrangements. This …
Debunking The Myth Of Universal Male Privilege,
2016
American University Washington College of Law
Debunking The Myth Of Universal Male Privilege, Jamie Abrams
Scholarly Articles in Law Reviews & Journals
Existing legal responses to sexual assault and harassment in the military have stagnated or failed. Current approaches emphasize the prevalence of sexual assault and highlight the masculine nature of the military’s statistical composition and institutional culture. Current responses do not, however, incorporate masculinities theory to disentangle the experiences of men as a group from men as individuals. Rather, embedded within contestations of the masculine military culture is the unstated assumption that the culture universally privileges or benefits the individual men that operate within it. This myth is harmful because it tethers masculinities to military efficacy, suppresses the costs of male …
The Case For Lgbt Equality: Reviving The Political Process Doctrine And Repurposing The Dormant Commerce Clause,
2016
Brooklyn Law School
The Case For Lgbt Equality: Reviving The Political Process Doctrine And Repurposing The Dormant Commerce Clause, Terri R. Day, Danielle Weatherby
Brooklyn Law Review
As a reaction to the Supreme Court’s historic marriage equality decision earlier this summer, many Southern state legislators opposing the trend toward LGBT-protective laws have proposed legislation that would essentially prohibit municipalities from carving out new antidiscrimination protections for the LGBT community. Conservative Senator Bart Hester spearheaded the passing of one of these “anti” antidiscrimination laws in Arkansas, and states like Texas, West Virginia, Michigan, and Oklahoma are not far behind. These “Hester-type laws” are strikingly similar to the Colorado amendment struck down by the Romer v. Evans Court 20 years ago. Both the Colorado amendment and the new wave …
The Two Laws Of Sex Stereotyping,
2016
Elisabeth Haub School of Law at Pace University
The Two Laws Of Sex Stereotyping, Noa Ben-Asher
Elisabeth Haub School of Law Faculty Publications
This Article offers two main contributions to the study of sex stereotyping. First, it identifies an organizing principle that explains why some forms of sex stereotyping are today legally prohibited while others are not. Second, it argues for a shift in the current rights framework--from equal opportunity to individual liberty--that could assist courts and other legal actors to appreciate the harms of currently permissible forms of sex stereotyping. Commentators and courts have long observed that the law of sex stereotyping has many inconsistencies. For instance, it is lawful today for the state to require that unwed biological fathers, but not …
The Incest Horrible: Delimiting The Lawrence V. Texas Right To Sexual Autonomy,
2016
University of Michigan Law School
The Incest Horrible: Delimiting The Lawrence V. Texas Right To Sexual Autonomy, Y. Carson Zhou
Michigan Journal of Gender & Law
Is the criminalization of consensual sex between close relatives constitutional in the wake of Lawrence v. Texas and Obergefell v. Hodges? Justice Scalia thought not. The substantive due process landscape has changed dramatically in response to the LGBTQ movement. Yet, when a girl in a sexual relationship with her father recently revealed in an anonymous interview with New York Magazine that they were planning to move to New Jersey, one of the only two states where incest was legal, the New Jersey legislature introduced with unprecedented speed a bill criminalizing incest. But who has the couple harmed? The very …
The Matthew Shepard And James Byrd, Jr., Hate Crimes Prevention Act: A Criminal Perspective,
2016
University of Baltimore School of Law
The Matthew Shepard And James Byrd, Jr., Hate Crimes Prevention Act: A Criminal Perspective, Meredith Boram
University of Baltimore Law Review
[H]ate crimes ... leave deep scars not only on the victims, but on our larger community. They weaken the sense that we are one people with common values and a common future. They tear us apart when we should be moving closer together. They are acts of violence against America itself.. . As part of our preparation for the new century, it is time for us to mount an all-out assault on hate crimes, to punish them swiftly and severely, and to do more to prevent them from happening in the first place. We must begin with a deeper understanding …
