What Is Due To Others: Speaking And Signifying Subject(S) Of Rape Law,
2010
Villanova University School of Law
What Is Due To Others: Speaking And Signifying Subject(S) Of Rape Law, Penelope J. Pether
Working Paper Series
Australian journalist Paul Sheehan's representation of the alleged and convicted immigrant Muslim/Arab rapists he demonises in 'Girls Like You', like his representation of the rape survivors in that text, has much to tell us about the law's production of rape law's speaking and signifying subjects, “real rape” victims and survivors, false accusers and perpetrators. This article uses a variety of texts, including 'Girls Like You', recent Australian rape law jurisprudence and legislative reform, texts involving two controversial recent US rape cases — one from Maryland and one from Nebraska — and a recent UK study on attrition in rape prosecutions, …
“Sexting” And The First Amendment,
2010
Elisabeth Haub School of Law at Pace University
“Sexting” And The First Amendment, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
“Sexting” and other teen autopornography are becoming a widespread phenomenon, with perhaps 20% of teenagers admitting to producing nude or semi-nude pictures of themselves and an ever greater proportion, perhaps as many as 50%, having received such pictures from friends and classmates. It is, moreover, beginning to result in criminal prosecutions. Given the reality of changing social practices, mores and technology utilization, today’s pornography laws are a trap for unwary teens and operate, in effect, to criminalize a large fraction of America’s young people. As such, these laws and prosecutions represent a stark example of the contradictions that can occur …
Erasing Boundaries: Masculinities, Sexual Minorities, And Employment Discrimination,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
Erasing Boundaries: Masculinities, Sexual Minorities, And Employment Discrimination, Ann C. Mcginley
Scholarly Works
This Article analyzes the application of employment discrimination law to sexual minorities--lesbians, gays, bisexuals, transgender and intersex individuals. It evaluates Title VII and state anti-discrimination laws' treatment of these individuals, and is the first article to use masculinities research, theoretical and empirical, to explain employment discrimination against sexual minorities. While the Article concludes that new legislation would further the interests of sexual minorities, it posits that it is neither necessary nor sufficient to solving the employment discrimination problems of sexual minorities. A major problem lies in the courts' binary view of sex and gender, a view that identifies men and …
Medical Rights For Same-Sex Couples And Rainbow Families,
2010
University of Richmond
Medical Rights For Same-Sex Couples And Rainbow Families, Anisa Mohanty
Law Student Publications
The present state of the law regarding medical rights for same-sex couples and their families is highly inconsistent. A handful of states permit same-sex marriage. Another handful of states recognize same-sex marriages from other states, allow civil unions with state-level spousal rights for same-sex couples, or extend some or nearly all state-level spousal rights to unmarried couples in domestic partnerships. With these widely disparate levels of recognition, it becomes difficult for same-sex couples to navigate their options and rights when a loved one—a partner or child—has a medical emergency or is in the hospital. In Part II, this Comment will …
Paying Women For Their Eggs For Use In Stem Cell Research,
2010
Dorsey & Whitney LLP
Paying Women For Their Eggs For Use In Stem Cell Research, Pamela Foohey
Pace Law Review
No abstract provided.
Equal Access And The Right To Marry,
2010
Cornell Law School
Equal Access And The Right To Marry, Nelson Tebbe, Deborah A. Widiss
Cornell Law Faculty Publications
How should courts think about the right to marry? This is a question of principle, of course, but it has also become a matter of litigation strategy for advocates challenging different-sex marriage requirements across the country. We contend that courts and commentators have largely overlooked the strongest argument in support of a constitutional right to marry. In our view, the right to marry is best conceptualized as a matter of equal access to government support and recognition and the doctrinal vehicle that most closely matches the structure of the right can be found in the fundamental interest branch of equal …
An Examination Of The Relationship Between The Hypersexual Environment Of Las Vegas And Forcible Rape,
2010
University of Nevada Las Vegas
An Examination Of The Relationship Between The Hypersexual Environment Of Las Vegas And Forcible Rape, Lisa Ann Dooley
UNLV Theses, Dissertations, Professional Papers, and Capstones
The purpose of this study was to examine whether rates of forcible rape in Nevada are high, possibly a side effect of living in a hypersexual city. The study will explore whether these rates compare to other cities of the same size that are tourism focused and whether rates of forcible rapes are higher in counties without prostitution than with prostitution. This paper will also consider rates of sexual victimization among undergraduate students at the University of Nevada, Las Vegas, University of British Columbia, and Simon Fraser University. Lastly, the study will consider whether the hypersexual nature of the city …
Attitudes Towards Megan's Law And Juvenile Sex Offenders,
2010
University of Nevada Las Vegas
Attitudes Towards Megan's Law And Juvenile Sex Offenders, Debra Lee Cochrane
UNLV Theses, Dissertations, Professional Papers, and Capstones
Sex offender registration laws are very controversial. All fifty states require adult sex offenders to register. Twenty-eight states have extended registration and community notification requirements to juveniles (Hiller, 1998). These states seem to have failed to look at the uniqueness of juvenile sex offending. Juveniles have a very low recidivism rate and complex issues of culpability from age-of-consent laws. Applying Megan's Law to juveniles could have considerable negative consequences for juveniles' social development, particularly because one of the main stipulations of the law requires the juvenile to notify their school. Rehabilitation is a key factor of the juvenile justice system …
The Children's Rights Amendment And Family Law,
2010
Technological University Dublin
The Children's Rights Amendment And Family Law, Fergus Ryan
Other resources
This blog entry is part of a carnival blog posted to http://humanrightsinireland.wordpress.com/ It addresses the provisions of the proposed constitutional amendment on children's rights, as formulated by the Joint Oireachtas Committee on the Constitutional Amendment on Children, published in February 2010. This brief comment analyses the proposal, with particular reference to its potential impact on children in non-traditional family units.
Our Past Must Be Our Present (To Ourselves): How Transsexuals Can Survive Proposition 8,
2010
Touro University Jacob D. Fuchsberg Law Center
Our Past Must Be Our Present (To Ourselves): How Transsexuals Can Survive Proposition 8, Katrina C. Rose
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Stories Of Marriage,
2010
IIT Chicago-Kent College of Law
The Stories Of Marriage, Katharine K. Baker
All Faculty Scholarship
The gay and lesbian community's response to California's Proposition 8 was strong and quick. Within days of the 2008 election, opponents of the measure had targeted its proponents, in particular the Mormon Church, as subjects for scorn. Singling out the Mormon Church on this issue was particularly ironic because to the extent that members of the Mormon Church were responsible for the success of Proposition 8, they simply did to the gay community what courts of the United States consistently did to their forebears: defined away their right to marry. In striking down individuals' rights to enter into polygamous marriages, …
Lock The Closet Door: Does Private Mean Secret,
2010
University of the Pacific, McGeorge School of Law
Lock The Closet Door: Does Private Mean Secret, Whitney Kristen Mcbride
McGeorge Law Review
No abstract provided.
Reproductive Health As A Human Right,
2010
Wayne State University
Reproductive Health As A Human Right, Lance Gable
Law Faculty Research Publications
No abstract provided.
The Olympic Meddle: The International Olympic Committee's Intrusion Of Athletes' Privacy Through The Discriminatory Practice Of Gender Verification Testing, 28 J. Marshall J. Computer & Info. L. 49 (2010),
2010
UIC School of Law
The Olympic Meddle: The International Olympic Committee's Intrusion Of Athletes' Privacy Through The Discriminatory Practice Of Gender Verification Testing, 28 J. Marshall J. Computer & Info. L. 49 (2010), Raheel Saleem
UIC John Marshall Journal of Information Technology & Privacy Law
The IOC and the IAAF act as governing bodies for athletes and, therefore, are innately responsible for their actions. However, the gender verification rule exemplifies that irresponsible actions by these governing agencies adversely effects its athletes. The gender verification rule empowers both the IOC and the IAAF to make life-changing decisions without any restriction, leaving athletes susceptible to the unfettered power and abuse of the rule. The legal foundation established by the international human rights declarations support the argument that gender verification testing must be abolished because of its embedded discrimination and intrusive nature. An application of the ICCPR provides …
What Are You Afraid Of?,
2010
Chapman University
What Are You Afraid Of?, Rebecca Minton, Linnea Christine Kennedy, Chapman University, Candy Rodriguez, Rachael Bridgens, Chelsey Coleman, Krista Xvx, Leticia Dessire Mayorga, Stephanie Bovis, Lorene Spiller Gambill
Women’s Studies, Feminist Zine Archive
Writings and art about self-care, the judicial system, Adrienne Rich, the portrayal of women in advertising, Andrea Dowrkin, sex roles and pornography, rape culture, Rita Gross, human trafficking, welfare, contraception, Margaret Sanger, The Vagina Monologues, Guerilla Girls, feminism and religion, Sandra Harding, tenure at Chapman based on gender, and Delores Huerta.
Sexting And Teenagers: Omg R U Going 2 Jail???,
2010
Nova Southeastern University - Shepard Broad Law Center
Sexting And Teenagers: Omg R U Going 2 Jail???, Catherine Arcabascio
Faculty Scholarship
No abstract provided.
Caster Semenya And The Myth Of A Level Playing Field,
2010
Western New England College School of Law
Caster Semenya And The Myth Of A Level Playing Field, Erin E. Buzuvis
The Modern American
No abstract provided.
Situations, Frames, And Stereotypes: Cognitive Barriers On The Road To Nondiscrimination,
2010
Thomas Jefferson School of Law
Situations, Frames, And Stereotypes: Cognitive Barriers On The Road To Nondiscrimination, Marybeth Herald
Michigan Journal of Gender & Law
A study of the psychological literature can enhance legal theory by focusing attention on how the human brain perceives, distinguishes, categorizes, and ultimately makes decisions. The more that we learn about the brain's intricate operations, the more effective we can be at combating the types of gender biased decisions that influence our lives. In developing strategies to achieve equality, feminist, gay, lesbian, bisexual, transgender, and intersex activists would be wise to learn from the psychological literature. This Article highlights a few examples illustrating how this knowledge might re-direct strategic choices for combating gender inequality.
Defining Sex: On Marriage, Family, And Good Public Policy,
2010
Capital University Law School
Defining Sex: On Marriage, Family, And Good Public Policy, Mark Strasser
Michigan Journal of Gender & Law
Transgendered individuals and their families face legal risks that most families do not, at least in part, because state laws are often unclear about whether or under what conditions transgendered individuals are permitted to marry the individuals whom they love. Challenges to the validity of marriages involving the transgendered may arise under a variety of circumstances, ranging from cases in which individuals may have hidden or may not even have known that they were transgendered until after their marriages, to cases in which the individuals had already transitioned and had explained their personal histories to their partners before they were …
Rethinking Consent In A Big Love Way,
2010
Vermont Law School
Rethinking Consent In A Big Love Way, Cheryl Hanna
Michigan Journal of Gender & Law
This Article is based on a presentation at the Michigan Journal of Gender and Law as part of their symposium "Rhetoric & Relevance: An Investigation into the Present & Future of Feminist Legal Theory." In it, I explore the problem of categorical exclusions to the consent doctrine in private intimate relationships through the lens of the HBO series Big Love, which is about modern polygamy. There remains the normative question both after Lawrence v. Texas and in feminist legal theory of under what circumstances individuals should be able to consent to activity that takes place within the context of a …
