Justice Kennedy’S “Gay Agenda”: Romer, Lawrence, And The Struggle For Marriage Equality,
2013
Pacific McGeorge School of Law
Justice Kennedy’S “Gay Agenda”: Romer, Lawrence, And The Struggle For Marriage Equality, Lawrence C. Levine
McGeorge School of Law Scholarly Articles
No abstract provided.
Sexual Orientation Of Fatherhood,
2013
Penn State Law
Sexual Orientation Of Fatherhood, Dara Purvis
Faculty Scholarship
In this Article, I examine how same-sex fathers affect the perception of heterosexual caretaking fathers - and by extension, could affect the perception of heterosexual non-caretaking mothers. I conclude that gay stay-at-home fathers offer a provocative opportunity to broaden societal views of men and caregiving more generally, and argue that greater recognition of parents who counteract gender stereotypes - even where the recognition might arguably lessen women's rights in family law - ultimately helps women as well as children and nontraditional parents. Part I discusses fathers, particularly stay-at-home fathers, the practical problems fathers face combining work and caregiving responsibilities, and …
Introduction: Men, Masculinities, And Law,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Introduction: Men, Masculinities, And Law, Ann C. Mcginley
Nevada Law Journal
No abstract provided.
Identities Cubed: Perspectives On Multidimensional Masculinities Theory,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Identities Cubed: Perspectives On Multidimensional Masculinities Theory, Ann C. Mcginley, Frank Rudy Cooper
Nevada Law Journal
No abstract provided.
Sperm, Testosterone, Masculinities And Fatherhood,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Sperm, Testosterone, Masculinities And Fatherhood, Nancy E. Dowd
Nevada Law Journal
No abstract provided.
Three Tales Of Female Masculinity,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Three Tales Of Female Masculinity, Zachary A. Kramer
Nevada Law Journal
No abstract provided.
Wrestling With Gender: Constructing Masculinity By Refusing To Wrestle Women,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Wrestling With Gender: Constructing Masculinity By Refusing To Wrestle Women, Deborah L. Brake
Nevada Law Journal
No abstract provided.
Feminism, Masculinities, And Multiple Identities,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Feminism, Masculinities, And Multiple Identities, Martha Albertson Fineman
Nevada Law Journal
No abstract provided.
Employee Benefits Law: The Hidden Gap Enabling Sexual Orientation Discrimination In Employment,
2013
Benjamin N. Cardozo School of Law
Employee Benefits Law: The Hidden Gap Enabling Sexual Orientation Discrimination In Employment, Jason E. Shapiro
Cardozo Journal of Equal Rights & Social Justice
The note argues that state anti-discrimination laws are ineffective in protecting individuals from sexual orientation discrimination in employment, particularly in cases involving ERISA-governed employee benefits. It highlights how federal ERISA preemption undermines state laws, creating a legal gap that allows employers to discriminate without consequences. The note advocates for federal legislation to address this issue, as amending ERISA or relying on state laws alone cannot fully protect LGB individuals from discrimination in employment.
What's Law Got To Do With It?: Why We Should Mediate, Rather Than Litigate, Cases Of Wrongful Life,
2013
Benjamin N. Cardozo School of Law
What's Law Got To Do With It?: Why We Should Mediate, Rather Than Litigate, Cases Of Wrongful Life, Shawna Benston
Cardozo Journal of Conflict Resolution
In light of the legal and societal disfavor toward wrongful life suits, this Note examines the cultural, (bio)ethical, legal, and philosophical background of the wrongful life tort. While the disability rights movement and the pro-life strains of the abortion debate hope to silence proponents of wrongful life suits, the evolution of a legal right to die underscores the importance of autonomy and privacy for the individual. Philosophical exploration of prospective children-including the nonidentity problem, claim-rights and corresponding duties, and the subjunctive-threshold notion of harmhelps explain the confusion and moral conundrum that pervade the very notion of "wrongful life" and that …
$4.5 Million Defamation Award Against Anti-Gay Official Upheld,
2013
New York Law School
$4.5 Million Defamation Award Against Anti-Gay Official Upheld, Arthur S. Leonard
Other Publications
No abstract provided.
Inferring Desire,
2013
Vanderbilt University Law School
Inferring Desire, Jessica A. Clarke
Vanderbilt Law School Faculty Publications
In the course of debates over same-sex marriage, many scholars have proposed new legal definitions of sexual orientation to better account for the role of relationships in constituting identities. But these discussions have overlooked a large body of case law in which courts are already applying this model of sexual orientation, with inequitable results.
This Article examines a set of fifteen years of sexual harassment decisions in which courts have endeavored to determine the sexual orientations of alleged harassers. Under federal law, sexual harassment is actionable because it is a subspecies of sex discrimination. A man who makes unwanted sexual …
Windsor Products: Equal Protection From Animus,
2013
Southern Methodist University, Dedman School of Law
Windsor Products: Equal Protection From Animus, Dale Carpenter
Faculty Journal Articles and Book Chapters
The Supreme Court's opinion in United States v. Windsor has puzzled commentators, who have tended to overlook or dismiss its ultimate conclusion that the Defense of Marriage Act was unconstitutional because it arose from animus. What we have in Justice Kennedy’s opinion is Windsor Products — an outpouring of decades of constitutional development whose fountainhead is Carolene Products and whose tributaries are the gay-rights and federalism streams. This paper presents the constitutional anti-animus principle, including what constitutes animus, why it offends the Constitution, and how the Supreme Court determines it is present. The paper also discusses why the Court was …
Prop 8, Doma Defenders Rely On Federalism,
2013
New York Law School
Prop 8, Doma Defenders Rely On Federalism, Arthur S. Leonard
Other Publications
No abstract provided.
Under The Cover Of Gay Rights,
2013
Seattle University School of Law
Under The Cover Of Gay Rights, Dean Spade
Faculty Articles
The article presents a U.S. Supreme Court case Perry v. Brown wherein the status of marriage is considered as unique and same sex couples are denied of marriage but granted the same rights and responsibilities as married one. It mentions the views of Stephen Reinhardt, a circuit judge on the United States Court of Appeals for the Ninth Circuit, that a granting rights and responsibilities is not sufficient substitute and mystique of marriage is the central issue related LGBT people.
Nineteenth-Century Women's Rights Advocates On Abortion,
2013
Seattle University School of Law
Nineteenth-Century Women's Rights Advocates On Abortion, Linda Gordon
Seattle University Law Review Online
No abstract provided.
He Said, She Said, Let's Hear What The Data Say: Sexual Harassment In The Media, Courts, Eeoc, And Social Science,
2013
Vanderbilt Law School
He Said, She Said, Let's Hear What The Data Say: Sexual Harassment In The Media, Courts, Eeoc, And Social Science, Joni Hersch, Beverly Moran
Kentucky Law Journal
No abstract provided.
Will Supreme Court Rule On Doma?,
2013
New York Law School
Will Supreme Court Rule On Doma?, Arthur S. Leonard
Other Publications
No abstract provided.
Supreme Court Nixes Requirement For Anti-Prostitution Pledge,
2013
New York Law School
Supreme Court Nixes Requirement For Anti-Prostitution Pledge, Arthur S. Leonard
Other Publications
No abstract provided.
A Visual Guide To United States V. Windsor: Doctrinal Origins Of Justice Kennedy’S Majority Opinion,
2013
University of Baltimore School of Law
A Visual Guide To United States V. Windsor: Doctrinal Origins Of Justice Kennedy’S Majority Opinion, Colin Starger
All Faculty Scholarship
After finding the Court had jurisdiction, Justice Kennedy’s majority opinion in United States v. Windsor reached the merits and concluded that the Defense of Marriage Act (DOMA) was in violation of the Fifth Amendment. In his dissent, Justice Scalia attacked the majority’s doctrinal reasoning on the merits as “nonspecific handwaving” that invalidated DOMA “maybe on equal-protection grounds, maybe on substantive due process grounds, and perhaps with some amorphous federalism component playing a role.”
This Visual Guide is a “doctrinal map” that responds to Scalia’s accusation by charting the doctrinal origins of Justice Kennedy’s majority opinion. Specifically, the map shows how …
