Gay Liberation In The Illiberal State,
2015
University of Washington School of Law
Gay Liberation In The Illiberal State, Stewart L. Chang
Washington International Law Journal
A comparative analysis of incrementalist approaches to gay rights as they are deployed in the United States and Singapore demonstrates that seeking gay rights in a full democracy is actually no better than seeking them in an authoritarian regime. Incrementalism ultimately promotes sexual normativity by dividing the gay community into “good gays,” who deserve equal protections, and “bad queers,” who are further marginalized. Incrementalism in the United States began with decriminalization of sodomy and terminated with the recognition of gay marriage but did so by imagining gay sexuality within the context of committed relationships. The gay rights movement in Singapore …
Expression Is Camouflaged,
2015
Sacred Heart University
Expression Is Camouflaged, Nicole Esposito
Government Undergraduate Publications
The freedom of expression in the American military is an ongoing issue, especially concerning the Don’t Ask, Don’t Tell policy, tattoo policy, and freedom of speech. In 1993, the Don’t Ask, Don’t Tell policy affected homosexuals serving in the military by restricting LGBT members from serving our country, resulting in issues that rippled throughout the country. This restriction was repealed in 2010, and controversy concerning the subject is ongoing.
Sex Work And The City: Creating Municipal Licensing Regimes For Brothels,
2015
Schulich School of Law, Dalhousie University
Sex Work And The City: Creating Municipal Licensing Regimes For Brothels, Maria K. Powell
LLM Theses
The debate over how to regulate sex work in Canada has long occupied courts, governments, policymakers, sex workers and activists. In the aftermath of the Supreme Court decision in Bedford v Canada and the enactment of the constitutionally suspect Protection of Communities and Exploited Persons Act, this thesis examines municipal law's potential role in regulating brothels. Municipalities already grant licenses to adult service providers, the licensing of brothels is a natural extension of their powers. The current licensing regimes are in need of reform, both for adult services and before any attempts to license brothels. This thesis uses New Zealand …
Unsexing The Fourth Amendment,
2015
Brooklyn Law School
Unsexing The Fourth Amendment, I. Bennett Capers
Faculty Scholarship
No abstract provided.
The Effects Of Expert Testimony In Sexual Assault Trials,
2015
Claremont McKenna College
The Effects Of Expert Testimony In Sexual Assault Trials, Lillybelle K. Deer
CMC Senior Theses
Recently, expert testimony in sexual assault trials shifted from an emphasis on Rape Trauma Syndrome (RTS) to Posttraumatic Stress Disorder (PTSD) and experts have tied these diagnoses either loosely or tightly to the victim’s condition following sexual assault. In the current study, 326 jury-eligible adults completed a survey on Amazon Mechanical Turk in which they read a synopsis of a sexual assault trial and an expert testimony with either RTS, PTSD or neither; along with either no, loose, or tight links made between the diagnosis and the victim’s condition. There was no main effect of diagnosis label but testimony linkage …
Ethics And Matrimonial Representation Annotated Bibliography,
2015
University of Missouri - Kansas City, School of Law
Ethics And Matrimonial Representation Annotated Bibliography, Barbara Glesner Fines, Nancy Levit
Faculty Works
No abstract provided.
Surrogates In Quebec: The Good, The Bad And The Foreigner,
2015
Allard School of Law at the University of British Columbia
Surrogates In Quebec: The Good, The Bad And The Foreigner, Régine Tremblay
All Faculty Publications
The regime for the formal establishment of parent-child relationships in the province of Quebec was substantially modified in 2002 in order to achieve equality. Reforms to filiation – the legal bond connecting child and mother or child and father – in Quebec provided means for same-sex couples to adopt, for lesbian couples to conceive using donated sperm and clarified the filiation of children born of assisted procreation. This ‘successful’ reform in terms of equality left untouched an existing rule justified by women’s equality, namely, what the civil law calls the absolute nullity of surrogacy agreements. Surrogacy raises questions about what …
Non-Marital Families And (Or After?) Marriage Equality,
2015
Indiana University Maurer School of Law
Non-Marital Families And (Or After?) Marriage Equality, Deborah A. Widiss
Articles by Maurer Faculty
If, as is widely expected, the Supreme Court soon holds that bans on same-sex marriage are unconstitutional, it is almost certain that the decision will rely heavily on the Court’s reasoning in United States v. Windsor. I strongly support marriage equality. However, a decision that amplifies Windsor’s conception of the harm caused by exclusionary marriage rules could set back efforts to secure legal recognition of, and respect for, non-marital families. That is, Windsor rectified a deep inequality in the law—that same-sex marriages were categorically denied federal recognition—but in so doing it embraced a traditional understanding of marriage as superior to …
Regulating Sex Work: Assimilationism, Erotic Exceptionalism And The Challenge Of Intimate Labor,
2015
Washington University in St Louis School of Law
Regulating Sex Work: Assimilationism, Erotic Exceptionalism And The Challenge Of Intimate Labor, Adrienne D. Davis
Scholarship@WashULaw
Most commentators on sex markets focus on the debate between abolitionists and those who defend and support professional sex work. This paper, instead, looks at debates within the pro-sex work camp, uncovering some unattended tensions and contradictions. It shows that, within this camp, some stress the labor aspect, urging that sex markets perpetuate a “vulnerable population” of workers, similar to others who perform highly risky and/or exploited labor, and should be regulated accordingly. In this view, sex work would be assimilated into other labor. Others, though, take a more anti-regulatory stance. They exceptionalize this form of labor, arguing that because …
At Long Last Marriage,
2015
American University Washington College of Law
At Long Last Marriage, Jack B. Harrison
American University Journal of Gender, Social Policy & the Law
Over time, the Supreme Court has made clear its belief that marriage is one of the most significant and fundamental rights provided protection under the Constitution. In his opinion in Griswold v. Connecticut, Justice Douglas characterized marriage as a “coming together for better or for worse, hopefully enduring, and intimate to the [point] of being sacred[,]” describing it as “an association that promotes a way of life . . . a harmony in living . . . [and] a bilateral loyalty.” The Court in Griswold clearly found that marriage was deserving of protection not solely because it was the locus …
Title Ix-A New Frontier For The Rights Of Transgender Youth? The Demand For Federal Regulations Clarifying The Act's Applicability,
2015
Benjamin N. Cardozo School of Law
Title Ix-A New Frontier For The Rights Of Transgender Youth? The Demand For Federal Regulations Clarifying The Act's Applicability, Elias Shebar
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Religion And Marriage Equality Statutes,
2015
Cornell Law School
Religion And Marriage Equality Statutes, Nelson Tebbe
Cornell Law Faculty Publications
To date, every state statute that has extended marriage equality to gay and lesbian couples has included accommodations for actors who oppose such marriages on religious grounds. Debate over those accommodations has occurred mostly between, on the one hand, people who urge broader religion protections and, on the other hand, those who support the types of accommodations that typically have appeared in existing statutes. This article argues that the debate should be widened to include arguments that the existing accommodations are normatively and constitutionally problematic. Even states that presumptively are most friendly to LGBT citizens, as measured by their demonstrated …
Certiorari And The Marriage Equality Cases,
2015
University of Richmond
Certiorari And The Marriage Equality Cases, Carl W. Tobias
Law Faculty Publications
Marriage equality has come to much of the nation. Over 2014, many district court rulings invalidated state proscriptions on same- sex marriage, while four appeals courts upheld these decisions. However, the Sixth Circuit reversed district judgments which struck down bans in Kentucky, Michigan, Ohio, and Tennessee. Because that appellate opinion created a patchwork of differing legal regimes across the country, this Paper urges the Supreme Court to clarify marriage equality by reviewing that determination this Term.
Report From The Restorative Justice Process At The Dalhousie University Faculty Of Dentistry,
2015
Dalhousie University - Schulich School of Law
Report From The Restorative Justice Process At The Dalhousie University Faculty Of Dentistry, Jennifer Llewellyn, Jacob Mcissac, Melissa Mackay
Reports & Public Policy Documents
In December 2014, female students in Dalhousie University’s Faculty of Dentistry filed complaints under the University’s Sexual Harassment Policy after they became aware some of their male colleagues had posted offensive material about them in a private Facebook group. The select materials revealed from the Facebook group reflected misogynistic, sexist and homophobic attitudes. At the complainants’ request, the University began a restorative justice process to investigate the matter, address the harms it caused and examine the climate and culture within the Faculty that may have influenced the offensive nature of the Facebook group’s content. Twenty-nine students from the class of …
Once We're Done Honeymooning: Obergefell V. Hodges, Incrementalism, And Advances For Sexual Orientation Anti-Discrimination,
2015
University of Massachusetts School of Law
Once We're Done Honeymooning: Obergefell V. Hodges, Incrementalism, And Advances For Sexual Orientation Anti-Discrimination, Jeremiah A. Ho
Kentucky Law Journal
Undoubtedly, the Supreme Court's marriage equality decision in Obergefell v. Hodges is the watershed civil rights decision of our time. Since United States v. Windsor, each recent victory for same-sex couples in the federal courts evidenced that the legal recognition of same-sex marriages in the United States was becoming increasingly secure. Meanwhile, momentum was growing for the visibility of sexual minorities nationally. Yet, is marriage equality the last stop in the pro-LGBTQmovement, or should we expect sexual minorities to advance in other legal arenas? Should we expect that the recent strides in marriage equality from Windsor to Obergefell can …
State’S Highest Bench Approves Reduced Charges For Hiv Transmission,
2015
New York Law School
State’S Highest Bench Approves Reduced Charges For Hiv Transmission, Arthur S. Leonard
Other Publications
No abstract provided.
Images Of Harassment: Copyright Law And Revenge Porn,
2015
New York Law School
Images Of Harassment: Copyright Law And Revenge Porn, Ari Ezra Waldman
Other Publications
Nonconsensual pornography, commonly known as “revenge porn,” usually occurs when an individual (usually a man) publicly posts online sexually explicit images of his former partner (usually a woman). Although normally the stuff of tort law, revenge porn offers copyright attorneys opportunities to help victims, as well: the offending images are often selfies taken by the victim and thus covered by the victim’s copyright. There is, to date, no Second Circuit case law on the subject, making this area uniquely suited to creative social impact litigation. Until state legislatures or Congress pass well-drafted criminal revenge porn statutes, copyright law remains a …
Bound By Law: A Roadmap For The Practical Legalization Of Bdsm,
2015
Benjamin N. Cardozo School of Law
Bound By Law: A Roadmap For The Practical Legalization Of Bdsm, Daniel Haley
Cardozo Journal of Equal Rights & Social Justice
The note argues that the criminalization of BDSM practices, due to the lack of legal recognition of consent as a defense in BDSM-related injuries, is unconstitutional and harmful. It advocates for legal reform, specifically the creation of a BDSM exception in the Model Penal Code, to protect practitioners' rights and reduce stigma.
Can You Work It? Or Flip It And Reverse It?: Protecting Lgbt Youth From Sexual Orientation Change Efforts,
2015
Benjamin N. Cardozo School of Law
Can You Work It? Or Flip It And Reverse It?: Protecting Lgbt Youth From Sexual Orientation Change Efforts, Sanam Assil
Cardozo Journal of Equal Rights & Social Justice
The note advocates for raising the minimum age for Sexual Orientation Change Efforts (SOCE) from eighteen to twenty-one, arguing that individuals under twenty-one lack the emotional maturity to consent to such therapies. It emphasizes the harmful effects of SOCE, supported by findings from psychological organizations, and proposes incremental legislative changes to eventually achieve a nationwide ban on conversion therapy.
Accident Of Birth Or Matter Of Choice: Legal Recognition Of Transsexual People In The Common Law,
2015
Harvard Law School
Accident Of Birth Or Matter Of Choice: Legal Recognition Of Transsexual People In The Common Law, Kevin K.S. Tso
Cardozo Journal of Equal Rights & Social Justice
The purpose of the Article is to look at the recognition-or lack thereof-of transsexual people at common law in relation to the "proper" sex and gender with which they associate themselves. This Article will begin by addressing and defining transsexualism and how the medical community's position on this topic has evolved over the years. It will then look at the historical foundations of transsexualism in the common law, especially at the Corbett decision that held sway in England and Wales for over thirty-five years and was followed internationally. The Article will then provide an overview of the current positions in …
