Sexuality and the Law Commons^™

Burlington Industries, Inc. V. Ellerth: “Whole-Cloth Creation” Or Manifestation Of Congressional Intent?, John Corrington

Pepperdine Law Review

No abstract provided.

Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe

Pepperdine Law Review

No abstract provided.

For Their Own Good? Exploring Legislative Responses To The Commercial Sexual Exploitation Of Children And The Illinois Safe Children Act, Angela L. Bergman

Vanderbilt Law Review

Illinois has long struggled to contain what is the perfect storm for exploitation-a large city with consistent conventions, attractions with many tourists, significant amounts of population movement and immigration, access to major airports and interstates, and "entrenched gangs with an entrepreneurial bent." These factors make Chicago in particular an appealing destination for runaways and throwaways across the Midwest. In 2001, a study conservatively estimated that 16,000 to 25,000 women and girls are victims of commercial sexual exploitation in Chicago each year. By 2004, the New York Times had named Chicago a "hub" for sex trafficking. When Illinois was at the …

Multiculturalist Liberalism And Harms To Women: Lookin Through The Issue Of "The Veil", Anissa Helie, Marie Ashe

Publications and Research

Hélie & Ashe law review writing raises and responds to a reformulated and broadened version of Susan Okin’s 1999 inquiry, Is Multiculturalism Bad for Women? It identifies social and political developments, as well as legal and theoretical developments, that have occurred in the 21^st century and that demand that reformulation.

Not limiting itself (as did Okin’s question) to interrogating the relationship between women’s equality interests and interests in “religious freedom” advanced by minority-religious groups, Hélie & Ashe is the broader inquiry, critical for liberal theory of the 21^st century which has been greatly affected by the “ethos …

The Reactionary Road To Free Love: How Doma, State Marriage Amendments, And Social Conservatives Undermine Traditional Marriage, Scott Titshaw

West Virginia Law Review

No abstract provided.

Put The Town On Notice: School District Liability And Lgbt Bullying Notification Laws, Yariv Pierce

University of Michigan Journal of Law Reform

Congress could mitigate the problem of lesbian, gay, bisexual, and transgender (LGBT) student bullying by requiring that teachers and school officials report all bullying incidents to their school district administrators. Many school districts are not aware of the prevalence of LGBT bullying and the extent to which each school protects, or fails to protect, its LGBT students compared to other harassed students. LGBT students often encounter difficulty demonstrating that their school district has a policy or custom of deliberate indifference toward their equal treatment when a school does not equally protect an LGBT student from peer-to-peer bullying because of the …

Eluding The Grim Reaper: How Section 2 Of The Defense Of Marriage Act Could Survive Strict Scrutiny, Michael Disiena

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Ask, Tell, But Do Not Get Greedy: The Inequalities That Pervade In The Military In Light Of The Repeal Of “Don’T Ask, Don’T Tell”, David Barnes

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Fantasies And Illusions: On Liberty, Order, And Free Markets, Bernard E. Harcourt

Cardozo Law Review

No abstract provided.

Brand Counterfeiting: Mass Fetishism?, Geneviève Morel

Cardozo Law Review

No abstract provided.

An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun

Pepperdine Law Review

No abstract provided.

Engaging With Tradition: Mechanisms, Strategies, And Tactics, Michael Edwards

Center for Gender & Sexuality Law

The relationships between tradition and social justice are complex and contingent, conditioned by many factors including social context, individual attachments and mechanisms of transmission and re-enactment. These relationships may be positive, negative or neutral from the perspective of LGBT concerns, and they may be approached in a variety of different ways according to the goals and circumstances at hand. The Engaging Tradition Project aims to explore these patterns in order to establish when and why tradition forms a barrier to the achievement of gender and sexual justice, and to identify how tradition can be deployed in positive ways by activists …

The Public Defender As Anti-Trafficking Advocate, An Unlikely Role: How Current New York City Arrest And Prosecution Policies Systematically Criminalize Victims Of Sex Trafficking, Kate Mogulescu

Faculty Scholarship

No abstract provided.

Online Sexual Solicitation Of Minors: An Analysis Of The Average Predator, His Victims, What Is Being Done And Can Be Done To Decrease Occurrences Of Victimization, Elana T. Jacobs

Cardozo Public Law, Policy & Ethics Journal

The Internet, while a transformative tool for society, has become a breeding ground for online sexual solicitation of minors, with predators exploiting its anonymity to target vulnerable adolescents, particularly females aged 13 to 17. Despite efforts by government programs like the Internet Crimes Against Children Task Force and independent organizations, the lack of uniform sentencing guidelines and inconsistent data collection undermine deterrence and prevention. The note advocates for stricter sentencing, enhanced awareness campaigns, and improved data collection to combat this growing issue effectively.

The Constitutional Right To (Keep Your) Same-Sex Marriage, Steve Sanders

Michigan Law Review

Same-sex marriage is now legal in six states, and tens of thousands of same-sex couples have already gotten married. Yet the vast majority of other states have adopted statutes or constitutional amendments banning same-sex marriage. These mini-defense of marriage acts not only forbid the creation of same-sex marriages; they also purport to void or deny recognition to the perfectly valid same-sex marriages of couples who migrate from states where such marriages are legal. These nonrecognition laws effectively transform the marital parties into legal strangers, causing significant harms: property rights are potentially altered, spouses disinherited, children put at risk, and financial, …

Plaintiff Anonymity During Civil Litigation Of Childhood Sexual Abuse Cases, Amit Shertzer

Cardozo Law Review

No abstract provided.

Deciphering A Duality: Understanding Conflicting Standards In Sex & Violence Censorship In U.S. Obscenity Law, Rushabh P. Bhakta

Political Science Honors Projects

This research examines the division in US obscenity law that enables strict sex censorship while overlooking violence. By investigating the social and legal development of obscenity in US culture, I argue that the contemporary duality in obscenity censorship standards arose from a family of forces consisting of faith, economy, and identity in early American history. While sexuality ingrained itself in American culture as a commodity in need of regulation, violence was decentralized from the state and proliferated. This phenomenon led to a prioritization of suppressing sexual speech over violent speech. This paper traces the emergence this duality and its source.

Human Trafficking Post 9/11 Policy And Practice Beyond Cutting The Tail Off The Snake, Alexandra Caitlin Rice

Graduate Program in International Studies Theses & Dissertations

The U.S. Department of State estimates that 600,000 to 800,000 victims are trafficked across international borders each year, approximately 14,500 to 17,500 of which are trafficked into the United States. The Victims of Trafficking and Violence Protection Act of 2000 (VTVPA) was created to combat human trafficking in the country, and as a result created the T-visa to provide immigration relief to non-citizen victims of trafficking. In this work I analyze U.S. government efforts to combat trafficking in the twelve years following implementation of the VTVPA. I expand my analysis beyond T-visa distribution data to incorporate interviews with high-level government …

Prisoners And Procreation: What Happened Between Goodwin And Gerber?, Rachel Michael Kirkley

Pepperdine Law Review

No abstract provided.

Clergy, Sex And The American Way, Raymond C. O'Brien

Pepperdine Law Review

No abstract provided.