Sexuality, Gender, and the Law

Author: William Eskridge Jr.,Nan D. Hunter,Courtney G. Joslin

Publisher: Foundation Press

ISBN: 9781634605298

Category: Sex and law

Page: 1322

View: 4559

This casebook offers law professors and students a doctrinally comprehensive, theoretically ambitious, and up-to-date exploration of the treatment of sexuality and gender in American public law. The Fourth Edition extends the historically grounded first chapter from the Third Edition - establishing the three primary doctrinal strands of liberty, equality, and expression - through the end of the twentieth century. The second chapter focuses on the turning points that now define the field: The post-Roe "undue burden" standard as it has evolved from Planned Parenthood v. Casey to Whole Woman's Health v. Hellerstadt; The elimination of criminal laws against sexual conduct based on morality in Lawrence v. Texas and queries as to the reach of that principle; and The legalization of same-sex marriage in Obergefell v. Hodges. Discrimination against women and against trans- and non-binary persons is highlighted throughout the book, from the historical chapter through the most contemporary disputes in workplace and family law. The book's distinctive chapter on the theoretical debates that underlay the field contains more coverage of intersectional and trans-influenced thinking, and a new chapter focuses on the conflict between equality and religious liberty claims, which increasingly dominate in both LGBT and reproductive rights cases. With Professor Courtney Joslin of UC-Davis Law School joining as a new co-author, Sexuality, Gender, and the Law continues to provide both the most comprehensive and deepest coverage of this dynamic field.
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Sexuality, Gender, and the Law

Author: William N. Eskridge (Jr.),Nan D. Hunter

Publisher: Foundation Press

ISBN: 9781587788048

Category: Law

Page: 590

View: 6332

This abridged second edition is designed to meet the needs of undergraduate professors and students for a theoretically ambitious, doctrinally comprehensive, and fact-based exploration of issues of sexuality and gender in American public law. This new edition reflects legal changes in light of Lawrence v. Texas and other developments in this now-prominent field.
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Sex Equality

Author: Catharine A. Mackinnon

Publisher: Foundation Press

ISBN: 9781609304560

Category:

Page: 1982

View: 2714

Sex Equality, third edition, comprehensively updates and analyzes the legal doctrine and social concept of sex equality in theoretical, comparative, international, historical, and social scientific context. Together with the relative situation of women and men, detailed attention is given throughout to racism, the treatment of Native peoples, economic class, sexual orientation, and transgender status. Centered on U.S. legal cases, the book maps and interrogates the traditional approach to sex discrimination based on sameness and difference and develops a theory of substantive equality based on hierarchy as well. Materials on race, work, education, athletics, and pregnancy are included. An updated chapter on burdens of proof equips the litigator with basic technical tools in critical perspective. Expanding sex equality concepts, including arguments gaining increasing recognition, the law of the family, rape, sexual harassment in work and education, gay and lesbian rights, reproductive issues including abortion and surrogacy, prostitution, and pornography are thoroughly explored in light of contemporary cultural, legal, and transnational developments and controversies. This volume provides detailed information on inequality between the sexes, an expert grasp of the legal and conceptual tools of sex equality in its manifold dimensions, and visions of future possibilities. This stimulating, flexible, up-to-the-minute treatment of a rapidly expanding and changing area--one of the most frequently litigated--provides an accessible basis for courses in law schools and undergraduate colleges by a widely recognized leading expert in the field.
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Women and the Law, 1996

Author: Judith G Greenberg,Gerald E. Frug

Publisher: N.A

ISBN: 9781566624398

Category: Social Science

Page: 177

View: 7084

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Cases and Materials on Sexuality, Gender Identity, and the Law

Author: Carlos Ball,Jane Schacter,William Rubenstein,Douglas NeJaime

Publisher: West Academic Publishing

ISBN: 9781634604123

Category:

Page: 929

View: 6812

This casebook on the law of sexual orientation and gender identity weaves interdisciplinary perspectives into the up-to-date coverage of a rapidly changing legal landscape. It provides comprehensive coverage of the range of legal issues concerning LGBT persons, along with scholarly commentary on these issues. It also covers issues of sexuality and gender more broadly. It addresses in depth many significant recent developments, including the Supreme Court's landmark decisions on marriage equality in Obergefell and Windsor, and the growing set of religious liberty claims asserted by opponents of LGBT equality measures. Gender identity issues are covered throughout the book.
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Transgender Rights

Author: Paisley Currah,Richard M. Juang,Shannon Minter

Publisher: U of Minnesota Press

ISBN: 9780816643127

Category: Social Science

Page: 368

View: 1413

"Transgender Rights packs a surprising amount of information into a small space. Offering spare, tightly executed essays, this slim volume nonetheless succeeds in creating a spectacular, well-researched compendium of the transgender movement." -Law Library Journal Over the past three decades, the transgender movement has gained visibility and achieved significant victories. Discrimination has been prohibited in several states, dozens of municipalities, and more than two hundred private companies, while hate crime laws in eight states have been amended to include gender identity. Yet prejudice and violence against transgender people remain all too common. With analysis from legal and policy experts, activists and advocates, Transgender Rights assesses the movement's achievements, challenges, and opportunities for future action. Examining crucial topics like family law, employment policies, public health, economics, and grassroots organizing, this groundbreaking book is an indispensable resource in the fight for the freedom and equality of those who cross gender boundaries. Moving beyond media representations to grapple with the real lives and issues of transgender people, Transgender Rights will launch a new moment for human rights activism in America. Contributors: Kylar W. Broadus, Judith Butler, Mauro Cabral, Dallas Denny, Taylor Flynn, Phyllis Randolph Frye, Julie A. Greenberg, Morgan Holmes, Bennett H. Klein, Jennifer L. Levi, Ruthann Robson, Nohemy Solórzano-Thompson, Dean Spade, Kendall Thomas, Paula Viturro, Willy Wilkinson. Paisley Currah is associate professor of political science at Brooklyn College, executive director of the Center for Lesbian and Gay Studies at the CUNY Graduate Center, and a founding board member of the Transgender Law and Policy Institute. Richard M. Juang cochairs the advisory board of the National Center for Transgender Equality (NCTE) in Washington, DC. He has taught at Oberlin College and Susquehanna University. He is the lead editor of NCTE's Responding to Hate Crimes: A Community Resource Manual and coeditor of Transgender Justice, which explores models of activism. Shannon Price Minter is legal director of the National Center for Lesbian Rights and a founding board member of the Transgender Law and Policy Institute.
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Sexual Orientation, Gender Identity, and the Law in a Nutshell

Author: Ruth Colker

Publisher: West Academic Publishing

ISBN: 9781634608992

Category:

Page: N.A

View: 9141

This Nutshell presents a very timely overview of legal topics relating to sexual orientation, gender identity and the law. Topics covered include: regulation of sexuality, gender identity and expression, parenthood, marriage, United States military, nondiscrimination statutes and ordinances, freedom of expression, freedom of association, and religious freedom. Discussion includes developments at the federal, state and local level. Statutes discussed include Title VII of the Civil Rights Act of 1964; Title IX; the Fair Housing Act; the Affordable Care Act; Don't Ask, Don't Tell; Defense of Marriage Act, as well as some of the anti-gay rights measures that have been adopted in various statutes such as North Carolina.
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Gender and Law

Theory, Doctrine, Commentary

Author: Katharine T. Bartlett,Deborah L. Rhode,Joanna L. Grossman

Publisher: Wolters Kluwer Law & Business

ISBN: 1454883219

Category: Law

Page: 960

View: 9064

Gender and Law: Theory, Doctrine, Commentary, 7E is organized around theoretical frameworks, showing different conceptualizations of equality and justice and their impact on concrete legal problems. The text provides complete, up-to-date coverage of conventional “women and the law” issues, including employment law and affirmative action, reproductive rights, LGBTQ issues, domestic violence, rape, pornography, international women’s rights, and global trafficking. Showing the complex ways in which gender permeates the law, the text also explores the gender aspects of subject matters less commonly associated with gender, such as property, ethics, contracts, sports, and civil procedure. Throughout, the materials allow an emphasis on alternative approaches and how these approaches make a difference. Excerpted legal cases, statutes, and law review articles form an ongoing dialogue within the book to stimulate thought and discussion and over 200 provocative “putting theory into practice” problems challenge students to think deeply about current gender law issues. Key Features of the new edition include: Materials surrounding LGBTQ issues have been significantly expanded to reflect statutory and judicial developments, including United States v. Windsor and Obergefell v. Hodges, legal developments concerning transgender individuals, and sexual orientation discrimination.In addition, the materials on sexual orientation discrimination have been woven throughout the book, rather than cabined in a separate section. Equal pay materials have been expanded and refocused to include cases on the “factor other than sex” defense and legislative efforts to strengthen protections against pay discrimination. Coverage of pregnancy and caregiver discrimination has been significantly expanded, and the Supreme Court’s opinion in Young v. United Parcel Service is included. Reproductive health materials have been revamped to reflect developments in the law concerning the Affordable Care Act and responses to legislative efforts to curtail women’s access to contraception and abortion. These materials included the addition of Burwell v. Hobby Lobby and Whole Women’s Health v. Hellerstadt. International comparisons have been enlarged and updated. Updated profile of women in the legal system and the barriers to gender equity. Complete reworking and updating of materials on campus rape, including celebrated cases and reform strategies. Revised materials on domestic violence, prostitution, and pornography, including feminist debates over appropriate responses. Updated analysis of women, poverty, and income inequality. Increased attention to conflicts between gender and religion. Many additional Putting Theory Into Practice problems have been added, most of them reflecting contemporary disputes and conflicts. This brings the total number of problems to 200. Moreover, the teacher’s manual includes dozens of video clips that might be used in class at different points.
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Women in Business

Theory, Case Studies, and Legal Challenges

Author: Martha Reeves

Publisher: Routledge

ISBN: 113696925X

Category: Business & Economics

Page: 320

View: 5789

This book uniquely combines gender theory, case studies, and the legal challenges surrounding the mechanisms of gender discrimination at work. It provides the student with real-life examples from managers (based on interviews with people who experienced discrimination) that help students understand how gender discrimination operates, even when there are legal protections against it. At the end of each case study, students are asked to put themselves in the shoes of the individual experiencing the discrimination and ask themselves reflect on how they would handle the situation. Students must examine their own beliefs about gender and work place practices and consider consequences of actions they might take. In addition to the sections of theory, cases, and legal challenges, websites of interest are included student assignments and classroom activities. Key features include: Engaging case studies embedded in each chapter Legal cases that highlight each chapter and lend credibility to each case study Discussions of international/global situations Suggestions for student assignments/projects
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Reader's Guide to Lesbian and Gay Studies

Author: Timothy Murphy

Publisher: Routledge

ISBN: 1135942412

Category: Reference

Page: 748

View: 2557

The Reader's Guide to Lesbian and Gay Studies surveys the field in some 470 entries on individuals (Adrienne Rich); arts and cultural studies (Dance); ethics, religion, and philosophical issues (Monastic Traditions); historical figures, periods, and ideas (Germany between the World Wars); language, literature, and communication (British Drama); law and politics (Child Custody); medicine and biological sciences (Health and Illness); and psychology, social sciences, and education (Kinsey Report).
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Cases on Reproductive Rights and Justice

Author: Melissa Murray,Kristin Luker

Publisher: Foundation Press

ISBN: 9781609304348

Category: Law

Page: 949

View: 7251

The first casebook on the subject marks the contours of the field and provides a comprehensive understanding of the law and legal discourse relating to state regulation of sex, bodies, families, and reproduction. This compilation of rich historical and contemporary primary and secondary materials, accompanied by rigorous legal analysis, considers the economic, political, legal, and social factors that influence procreation and parenting. It is attentive to questions of race, ethnicity, socio-economic status, sexual orientation, and ability. Given that reproductive rights are implicated by different bodies of law, the casebook and teacher's manual will serve as guides to help balance expertise in one particular area of the law and enable well-rounded engagement with various issues.
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Higher Education and the Law

Author: Judith C. Areen,Peter F. Lake

Publisher: Foundation Press

ISBN: 9781609302634

Category: Law

Page: 1223

View: 3934

This cutting-edge casebook provides materials for use in law schools and in other higher education programs. The new edition continues its full coverage of core topics involving faculty (tenure, governance, and academic freedom) as well as public/private/for profit distinctions, accreditation, admissions and financial aid. It includes a new case study of the Penn State crisis and materials on key new federal regulatory mandates concerning "gainful employment," Title IX sexual assault guidance, and "direct threat" analysis under Title II.
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Family Law in Focus

Author: Marlene A. Pontrelli,J. Shoshanna Ehrlich

Publisher: Wolters Kluwer Law & Business

ISBN: 1454881208

Category: Law

Page: 714

View: 3205

Family Law in Focus offers a comprehensive, practice-oriented approach to the legal and practical aspects of Family Law. By providing real-world scenarios throughout, the text gives students numerous opportunities to apply what they are learning, and solidify their understanding of important concepts. Clear explanatory text, Case Previews, and Case Follow-ups further clarify the doctrine and aid in student understanding.
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Criminal Law and Procedure, Cases and Materials + Casebookplus

Author: Donald Dripps,Rollin Perkins,Ronald Boyce

Publisher: Foundation Press

ISBN: 9781683284666

Category:

Page: 1689

View: 9238

The thirteenth edition continues the book's commitment to offering the most comprehensive, rigorous, and flexible materials on the American criminal process. With respect to the substantive criminal law, the new edition includes: Full case treatment of Johnson v. United States, illustrating the Supreme Court's current approach to the void-for-vagueness doctrine, and giving the clearest expression yet of the doctrine's constitutional foundations; Full case treatment of Elonis v. United States, 575 U.S. ___ (2015), illuminating the Supreme Court's current approach to imputing mental states when statutes are silent or unclear; Full case treatment of Rosemond v. United States, 572 U.S. ___ (2014) , illuminating the Supreme Court's current approach to the mens rea for complicity liability; Full case treatment of Hurst v. Florida, 136 S.Ct. 616 (2016), holding the Florida system of advisory jury verdicts in capital cases violates the Sixth Amendment; The substantive provisions of the American Law Institute's Project on Sexual and Related Offenses, Tentative Draft No. 2 (April 15, 2016), proposing, inter alia, a manifested "willingness" definition of consent and recognition of a felony offense for sexual penetration by an actor who knows, or consciously disregards a substantial risk, that the victim has not consented; Full case treatment of State v. J.W., Jr., 181 Wa.2d 757 (2014), holding the Washington practice of putting the burden of proof on the consent issue in rape cases on the defense violates due process; Extensive extracts from the Justice Department's memorandum explaining the decision not to bring federal civil rights charges against Officer Darren Wilson in the case involving the death of Michael Brown in Ferguson, Mo. With respect to criminal procedure, the new edition includes: Full case treatment of Riley v. California, 573 U.S. ___ (2014), summarizing search-incident-to-arrest doctrine and excluding cell phones from warrantless search incident to arrest, A thoroughly revised section on constitutional remedies in police practices cases, Illustrating the exceptions to the exclusionary rule with United States v. Rose, 613 Fed. Appx. 125 (3d Cir. 2015), a case giving a good illustration of the standing doctrine; and Utah v. Strieff, 2016 WL 3369419 (U.S. 2016), a case illustrating the Court's antipathy toward the exclusionary rule and analyzing the causation-based exceptions such as attenuation, inevitable discovery, and independent source; and The text of 42 U.S.C. �14141 and extensive excerpts from the consent decree regarding the New Orleans Police Department, entered between the Justice Department and the City of New Orleans in 2012.
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Trans Bodies, Trans Selves

A Resource for the Transgender Community

Author: Laura Erickson-Schroth

Publisher: Oxford University Press

ISBN: 0199325367

Category: Social Science

Page: 536

View: 9408

There is no one way to be transgender. Transgender and gender non-conforming people have many different ways of understanding their gender identities. Only recently have sex and gender been thought of as separate concepts, and we have learned that sex (traditionally thought of as physical or biological) is as variable as gender (traditionally thought of as social). While trans people share many common experiences, there is immense diversity within trans communities. There are an estimated 700,000 transgendered individuals in the US and 15 million worldwide. Even still, there's been a notable lack of organized information for this sizable group. Trans Bodies, Trans Selves is a revolutionary resource-a comprehensive, reader-friendly guide for transgender people, with each chapter written by transgender or genderqueer authors. Inspired by Our Bodies, Ourselves, the classic and powerful compendium written for and by women, Trans Bodies, Trans Selves is widely accessible to the transgender population, providing authoritative information in an inclusive and respectful way and representing the collective knowledge base of dozens of influential experts. Each chapter takes the reader through an important transgender issue, such as race, religion, employment, medical and surgical transition, mental health topics, relationships, sexuality, parenthood, arts and culture, and many more. Anonymous quotes and testimonials from transgender people who have been surveyed about their experiences are woven throughout, adding compelling, personal voices to every page. In this unique way, hundreds of viewpoints from throughout the community have united to create this strong and pioneering book. It is a welcoming place for transgender and gender-questioning people, their partners and families, students, professors, guidance counselors, and others to look for up-to-date information on transgender life.
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Law and Religion

Cases and Materials

Author: Leslie C. Griffin

Publisher: Foundation Press

ISBN: 9781599416489

Category: Political Science

Page: 785

View: 1264

The second edition continues the book's interdisciplinary approach to law and religion, including background materials about the religions involved in the cases and readings about comparative religion. The comparative law sections analyze international protection of religious freedom in comparison and contrast with U.S. law. The new edition features recent Supreme Court religion cases O Centro and Summum and considers lower court rulings in anticipation of cases currently before the Court, including the public cross case from California And The Hastings Law School Christian Legal Society case. A variety of state and federal cases addressing issues not resolved by the U.S. Supreme Court is also included. The relationship between science and religion receives extended treatment in Chapter 8. Updated treatment of RLUIPA is included in Chapter 4.
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Women and the Law Stories

Author: Elizabeth M. Schneider,Stephanie M. Wildman

Publisher: Foundation Press

ISBN: 9781599415895

Category: Law

Page: 475

View: 1839

This book examines landmark cases establishing women's legal rights, offering accounts of the litigants, history, parties, strategies, and theoretical implications. It will enrich any law school course and can serve as a text for a course on women and the law, gender and law, feminist jurisprudence, or women's studies. This volume utilizes subject areas common to many women and law casebooks: history, constitutional law, reproductive freedom, the workplace, the family, and women in the legal profession. Several chapters explore issues of domestic violence and rape. See http://law.scu.edu/socialjustice/women-and-the-law-stories-book.cfm (a website with additional resources for teaching).
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Butterfly Politics

Author: Catharine A. MacKinnon

Publisher: Harvard University Press

ISBN: 0674416600

Category: Law

Page: 504

View: 3127

The miniscule motion of a butterfly’s wings can trigger a tornado half a world away, according to chaos theory. Catharine A. MacKinnon’s collected work on gender inequality—including new pieces—argues that the right seemingly minor interventions in the legal realm can have a butterfly effect that generates major social and cultural transformations.
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