Sexuality and the Law Commons^™

National Report: Colombia, Universidad De Los Andes Public Interest Law Group

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Is False Imputation Of Being Gay, Lesbian, Or Bisexual Still Defamatory? The Arkansas Case, Jay Barth

University of Arkansas at Little Rock Law Review

Falsely identifying someone as lesbian, gay, or bisexual (LGB) has historically been defamation per se in American courts. In modern times, however, courts have become conflicted as to whether a false imputation of a person as LGB is defamatory. Accordingly, this article examines the roots of defamation law as it relates to sexual minorities, and then examines questions regarding the defamatory status of false identification of another as LGB, whether community or national standards should drive such a determination, and finally, to what degree is any legal recognition of harm to reputation for being LBG a perpetuation of the status …

"Don't Ask, Don't Tell," The Supreme Court, And Lawrence The "Laggard", Audrey K. Hagedorn

Indiana Law Journal

No abstract provided.

The Paradox Of Statutory Rape, Russell L. Christopher, Kathryn H. Christopher

Indiana Law Journal

What once protected only virginal girls under the age of ten now also protects sexually aggressive males under the age of eighteen. While thirteenth-century statutory rape law had little reason to address the unthinkable possibility of chaste nine-year-old girls raping adult men, twenty-first-century statutory rape law has failed to address the modern reality of distinctly unchaste seventeen-year-old males raping adult women. Despite dramatically expanding statutory rape’s protected class, the minimalist thirteenth-century conception of the offense remains largely unchanged—intercourse with a juvenile. Overlooked is the new effect of this centuries-old offense—a sexually aggressive seventeen-year-old raping an adult now exposes the adult …

Against The New Maternalism, Naomi Mezey, Cornelia T. Pillard

Georgetown Law Faculty Publications and Other Works

The biggest challenge for sex equality in the 21st Century is to dismantle inequality between women and men’s family care responsibilities. American law has largely accomplished formal equality in parenting by doing away with explicit gender classifications, along with many of the assumptions that fostered them. In a dramatic change from the mid-20th Century, law relating to family, work, civic participation and their various intersections is now virtually all sex-neutral. As the Supreme Court’s 2003 decision in Nevada Department of Social Services v. Hibbs demonstrates, both Congress and the Court have accepted the feminist critique of sex roles and stereotyping …

The Topography Of Legal Recognition Of Same-Sex Relationships, Edward D. Stein

Articles

This article categorizes and explains the variety of forms of relationship recognition that have emerged in the United States over the last dozen or so years. Five issues regarding same-sex marital andnonmarital relationship statuses are examined: (1) eligibility, (2) benefits, (3) dissolution, (4) recognition from other jurisdictions, and (5) the intersection of state and federal law. The article then offers various proposals about what states should do in the face of the options that have emerged: (a) states that recognize same-sex marriages and nonmarital relationships should adapt their statutes to recognize "substantially similar" relationships; (b) jurisdictions should adopt statutes that …

Genetically Correct: The Political Use Of Reproductive Terminology, June Mary Zekan Makdisi

Pepperdine Law Review

No abstract provided.

Animus Thick And Thin: The Broader Impact Of The Ninth Circuit Decision In Perry V. Brown, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

This essay is a response to an article by: Eskridge Jr., William N., The Ninth Circuit's Perry Decision and the Constitutional Politics of Marriage Equality, in 64 Stan. L. Rev. Online 93 (2012).

This essay examines the impact of Perry v. Brown, 671 F.3d 1052 (9th Cir. 2012), the first appellate federal court decision on the constitutional validity of marriage exclusion laws. The author argues that the major contribution of the Perry decision is to illuminate the meaning of animus, a term that is sharply contested in Equal Protection jurisprudence, and to explicate its relationship to standards of …

Moving Forward Together: The Lgbt Community And The Family Mediation Field , Mark J. Hanson

Pepperdine Dispute Resolution Law Journal

This is a time of great change for the Lesbian, Gay, Bisexual and Transgender ("LGBT") community. Members of the LGBT community have gained increased awareness and rights. The United States Supreme Court found state sodomy laws that ban same-sex sexual activity unconstitutional. Thirty-three states have enacted hate crime legislation that protects members of the LGBT community. Recently from the streets of San Francisco, to New Platz, New York and to Sandoval County, New Mexico, LGBT couples have received marriage licenses despite being prohibited by state law. Other states, such as Connecticut, Massachusetts and Vermont have enacted legislation giving LGBT couples …

Protecting Children From Online Exploitation And Abuse: An Overview Of Project Safe Childhood, Debra Wong Yang, Patricia A. Donahue

Pepperdine Law Review

No abstract provided.

Funding The Fight Against Domestic Violence, Carol W. Hunstein, Joan Prittie, Sherry Boston, Michelle Carney

Working in the Public Interest Conferences

Last October, the City Council in Topeka, Kansas, adopted a radical approach to managing the cots of prosecuting domestic violence— the city repealed its domestic violence law. The move was political brinksmanship, intended to force the county to pick up the tab for prosecutions, but it nonetheless sent a significant message about state and local funding priorities.

Across the nation, declining returns on escrow accounts funding legal services, government funding cutbacks, and reduced giving has left more people at risk of serious harm and death from domestic violence. Panelists will discuss the effects of austerity on prosecutions, preventative services, and …

The Need For Change: Evaluating The Medical Necessity Of Gender Reassignment Through International Standards, Chad Ayers

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Life, Liberty And The Pursuit Of Pornography, Amanda Herman

History

No abstract provided.

After Gender: Tools For Progressives In A Shift From Sexual Domination To The Economic Family, Janet Halley

Pace Law Review

No abstract provided.

After Gender: An Overview, Ralph Wilde

Pace Law Review

No abstract provided.

Prospects For International Gender Norms, Dianne Otto

Pace Law Review

No abstract provided.

Fighting Over The Figure Of Gender, Ali Miller

Pace Law Review

No abstract provided.

Human Rights, Sex, And Gender: Limits In Theory And Practice, Lara Stemple

Pace Law Review

No abstract provided.

What Role For “Women,” “Men,” And Transpeople/Intersex People In Gender Equality?: A Commentary, Edward Stein

Pace Law Review

No abstract provided.

What Comes After Gender?, Robert S. Chang

Pace Law Review

No abstract provided.