Sexuality and the Law Commons^™

Unfinished Business: A Discussion Of Remedies For Victims Of Involuntary Dismissal Under Don't Ask, Don't Tell And Its Predecessor, Toward A True Reconciliation, Robert I. Correales

Scholarly Works

By examining another dark chapter in American history-the internment of Japanese Americans during World War II-this Article makes a moral and legal case for a more complete resolution of harms to victims of anti-gay military discrimination. The successful reparations campaign waged by Japanese Americans who were interned during World War II has provided both inspiration and a helpful blueprint for reparation movements worldwide. This article seeks to show that by observing the parallels between these two dark periods, it is clear that DADT's historical chapter cannot be closed until reparations are paid to those who were victimized by the policies …

Jumpstarting The Stalled Gender Revolution: Justice Ginsburg And Reconstructive Feminism, Joan C. Williams

Faculty Scholarship

No abstract provided.

Illegitimacy And Sex, Old And New, Susan Frelich Appleton

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Curious Relationship Of Marriage And Freedom, Katherine M. Franke

Faculty Scholarship

Marriage is surely at a crossroad, as the chapters in this volume so richly attest. In fact, marriage may be at more than one crossroad, some pointing toward new, uncharted terrain, others amounting to intersections we have visited before. My principal interest in exploring this dynamic moment in the evolution of the institution of marriage is to better understand why and how today's marriage equality movement for same-sex couples might benefit from lessons learned by African Americans when they too were allowed to marry for the first time in the immediate post–Civil War era. I find it curious that the …

Dating The State: The Moral Hazards Of Winning Gay Rights, Katherine M. Franke

Faculty Scholarship

On August 1, 2009, a masked man dressed in black carrying an automatic weapon stormed into Beit Pazi in Tel Aviv, the home of the Aguda, the National Association of GLBT in Israel. He opened fire on a group of gay and lesbian teenagers who were meeting in the basement for "Bar-Noar," or "Youth Bar," killing two people and wounding at least ten others. This terrible act of violence attracted immediate national and international attention and condemnation. President Simon Peres declared the next day:

[T]he shocking murder carried out in Tel Aviv yesterday against youths and young people is a …

Cybersex: Protecting Sexual Content In The Digital Age, 11 J. Marshall Rev. Intell. Prop. L. 815 (2012), Nicole Chaney

UIC Review of Intellectual Property Law

Advertisers employ bare-skinned models and sex appeal to seduce American consumers with every magazine, billboard, and television advertisement. The ubiquity of sexual gratification has reached a tangible quality in American culture, but sex is still somehow taboo in our legal system. Despite the vast market for online adult entertainment, obscenity laws have been used to strike down claims for adult content copyright owners. These content owners are producing creative sexual expression for the public benefit, but they are being denied the same economic incentives granted to their mainstream counterparts. Ironically, Playboy Co. is an outlier in the adult entertainment industry …

Ozzie & Harriet Are Perfect Candidates To Adopt, But Ozzie & Harry Are Barred: Boseman V. Jarrell & The Effects Of Prohibition On Second Parent Adoptions, Amanda Von Schmid

Student Works

No abstract provided.

Gender & Sexuality In The Aba Standards On The Treatment Of Prisoners, Margaret Colgate Love, Giovanna Shay

Faculty Scholarship

Over the past three decades, commentators, advocates, and corrections experts have focused increasingly on issues of gender and sexuality in prison. This is due in part to the growing number of women in a generally burgeoning American prison population. It is also attributable to efforts to end custodial sexual abuse and prison sexual violence, which have focused attention on issues relating to women and LGBT prisoners. Also, in part, this heightened attention reflects the influence of growing free-world social movements emphasizing the "intersectionality" of multiple forms of subordination and seeking to secure fair treatment of gay and transgender people.

This …

A Quick Guide For Lgbti Policy Development For Youth Confinement Facilities, Brenda V. Smith

Research Reports & White Papers

This Quick Guide will help agencies and facilities develop a comprehensive response to working with lesbian, gay, bisexual, transgender and intersex (LGBTI) youth. It is not meant to provide an answer to every question or an in-depth discussion of all issues that agencies face or that the LGBTI population faces while in custody. It provides an overview of the important issues that agencies should consider when working to house and treat LGBTI youth in a way that is safe and consistent with an agency’s mission, values, and security guidelines … This Quick Guide is organized chronologically according to the decisions …

A Quick Guide For Lgbti Policy Development For Adult Prisons And Jails, Brenda V. Smith

Research Reports & White Papers

This Quick Guide will help agencies and facilities develop a comprehensive response to working with lesbian, gay, bisexual, transgender and intersex (LGBTI) inmates. It is not meant to provide an answer to every question or an in-depth discussion of all issues that agencies face or that the LGBTI population faces while in custody. It provides an overview of the important issues that agencies should consider when working to house and treat LGBTI inmates in a way that is safe and consistent with an agency’s mission, values, and security guidelines … This Quick Guide is organized chronologically according to the decisions …

Copyright Law And Pornography, Ann Bartow

Elisabeth Haub School of Law Faculty Publications

Sex-for-hire is usually illegal, unless it is being filmed. Debates about pornography tread uneasily into legal terrain that implicates freedom of expression under the First Amendment, the specter of censorship, and genuine concerns about the function and role of pornography in persistent gender inequality. It is less common for conversations about pornography to include a discussion of copyright law. Yet copyright law is a powerful tool that operates to protect the financial interests of pornographers. Owners of copyrighted pornography frequently threaten public exposure of an alleged infringer’s consumption habits in order to force a financial settlement. Thus copyright law operates …

Our Bodies, Our (Tax) Selves, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

This Article considers important consequences of the commodification of human reproduction. Anyone who has opened a campus newspaper has seen advertisements seeking to match an infertile couple with a young woman who will “donate” her egg (in return for a fee). Some college-age men earn thousands of dollars through regular visits to a sperm bank. The characterization of human ova and sperm cells as transferrable “property” is the very foundation upon which the entire fertility industry rests. But the law of donative transfers has largely ignored the commercial market for human reproductive material. This Article considers how courts and the …

The Politicization Of Judicial Elections And Its Effect On Judicial Independence, Matthew W. Green Jr., Susan J. Becker, Marsha K. Ternus, Camilla B. Taylor

Cleveland State Law Review

This article presents the proceedings of the Cleveland-Marshall College of Law Symposium, The Politicization of Judicial Elections and Its Effect on Judicial Independence and LGBT Rights, held October 21, 2011. The idea for the conference stemmed from the November 2010 Iowa judicial election, in which three justices were voted out of office as a result of joining a unanimous ruling, Varnum v. Brien, that struck down, on equal protection grounds, a state statute limiting marriage rights to heterosexual couples. The conference addresses whether the backlash that occurred in Iowa after the Varnum decision might undermine judicial independence in jurisdictions where …

A Brief Summary Of Decisions From The Arkansas Supreme Court Affecting Gays And Lesbians, Anthony L. Mcmullen

University of Arkansas at Little Rock Law Review

Half of Arkansans believe that sex-sex relationships should not be afforded legal recognition, including recognition in the form of a civil union or domestic partnership. Further, Arkansas is one of thirty states to constitutionally define marriage as the legal union between a man and a woman. Nonetheless, the gay and lesbian civil rights movement has been afforded protection in the courts through Arkansas Supreme Court decisions protecting same sex couples' rights.

Starting in 2002, the Arkansas Supreme Court has provided at least some protection to same sex couples and their families through decisions where the Court could have declined to …

Study Guide For United In Anger: A History Of Act Up, Matt Brim

Open Educational Resources

The United in Anger Study Guide facilitates classroom and activist engagement with Jim Hubbard’s 2012 documentary, United in Anger: A History of ACT UP. The Study Guide contains discussion sections, projects and exercises, and resources for further research about the activism of the New York chapter of ACT UP (AIDS Coalition to Unleash Power). The Study Guide is a free, interactive, multimedia resource for understanding the legacy of ACT UP, the film’s role in preserving that legacy, and its meaning for viewers' lives.

Garden Of Truth, Sarah Deer

Faculty Scholarship

On Oct. 27, 2011, a report entitled “Garden of Truth: The Prostitution and Trafficking of Native Women in Minnesota” was released in St. Paul, Minn. The report was the culmination of a three-year research project conducted in Minnesota by two nonprofit organizations: the Minnesota Indian Women’s Sexual Assault Coalition, a grassroots organization of Native American women that is based in St. Paul and focuses on outreach and awareness for survivors of sexual assault, and Prostitution Research and Education, a nonprofit organization based in San Francisco. This unique collaboration between advocates of Native American women and social scientists has produced a …

Comparing Single-Sex And Reformed Coeducation: A Constitutional Analysis, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.

Virtual Adultery: No Physical Harm, No Foul?, Kathryn Pfeiffer

University of Richmond Law Review

New forms of social media and virtual communication are changing the ways in which we meet new people and develop meaningful relationships. In today's world, you can skype a long-distance significant other or join an Internet chat room to find others who share a similar interest. While, in many ways, the Internet has facilitated our ability to interact with others unencumbered by geographic allocation or time zone, its unfettered reach has proved to be problematic for one relationship in particular-the marital unit. Studies show that more marriages are ending because of "virtual infidelity," the term used to describe nonphysical behavior …

Response: And Baby Makes How Many - Using In Re M.C. To Consider Parentage Of A Child Conceived Through Sexual Intercourse And Born To A Lesbian Couple, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Queer Cases Make Bad Law, James C. Hathaway, Jason Pobjoy

Articles

The Refugee Convention, now adopted by 147 states, is the primary instrument governing refugee status under international law. The Convention sets a binding and nonamendable definition of which persons are entitled to recognition as refugees, and thus to enjoy the surrogate or substitute national protection of an asylum state. The core of the article 1A(2) definition provides that a refugee is a person who has a “well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion, or membership of a particular social group.” A person is thus a refugee, and entitled to the non-refoulement and other protections …