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: 7752

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.
Posted in Sex and law

Sexuality, Gender, and the Law 2016

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

Publisher: Foundation Press

ISBN: 9781634605243

Category:

Page: N.A

View: 949

Posted in

Sexuality, Gender, and the Law

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

Publisher: Foundation Press

ISBN: 9781587788048

Category: Law

Page: 590

View: 340

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.
Posted in Law

Sexual Orientation, Gender Identity, and the Law in a Nutshell

Author: Ruth Colker

Publisher: West Academic Publishing

ISBN: 9781634608992

Category:

Page: N.A

View: 5914

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.
Posted in

Women and the Law, 1996

Author: Judith G Greenberg,Gerald E. Frug

Publisher: N.A

ISBN: 9781566624398

Category: Social Science

Page: 177

View: 7306

Posted in Social Science

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: 7971

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.
Posted in

Transgender Rights

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

Publisher: U of Minnesota Press

ISBN: 9780816643127

Category: Social Science

Page: 368

View: 5061

"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.
Posted in Social Science

Sex Equality

Author: Catharine A. Mackinnon

Publisher: Foundation Press

ISBN: 9781609304560

Category:

Page: 1982

View: 7551

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.
Posted in

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: 1482

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.
Posted in Law

Domestic Violence and the Law

Theory and Practice

Author: Elizabeth M. Schneider,Cheryl Hanna,Emily Sack,Judith G. Greenberg

Publisher: N.A

ISBN: 9781599419299

Category: Law

Page: 1104

View: 2093

Elizabeth M. Schneider (Brooklyn Law School) Cheryl Hanna (Vermont Law School) and Judith G. Greenberg (New England School of Law) are joined by Emily J. Sack (Roger Williams School of Law) in this exciting new Third Edition. A new Teacher's Manual is also available. The casebook maintains its rich focus on examining domestic violence through a variety of theoretical, practical, and interdisciplinary lenses and remains the most comprehensive casebook on domestic violence. This book is widely used in law school courses and clinics on domestic violence, heavily adopted in undergraduate and graduate courses, and routinely relied upon by judges, attorneys, and other professionals who work in the field. The Third Edition captures the continued growth in domestic violence law and expands upon both recent Supreme Court cases and International Human Rights developments, including the Inter-American Commission on Human Rights' decision in Jessica Lenahan (Gonzales) v. United States. Recent developments in asylum and immigration law, as well as discussion of the impact of the Supreme Court's latest Second Amendment decisions on domestic violence firearms laws, are also included. There is also increased focus on cyber-stalking and cyber-threats, and the emerging use of technology in domestic violence in both the civil protection order and criminal contexts. The book expands upon new areas of inquiry, including the relationship between domestic violence and women's health, and the continued concerns about battering and the child welfare system. It also includes more integration of themes of race, class, ethnicity, and sexual orientation throughout the book. The notes are rich with information, citations, and problems. The material includes excerpts from a variety of sources including fiction, amicus briefs, academic articles, practice materials, and personal narratives.
Posted in Law

Women in Business

Theory, Case Studies, and Legal Challenges

Author: Martha Reeves

Publisher: Routledge

ISBN: 113696925X

Category: Business & Economics

Page: 320

View: 2248

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
Posted in Business & Economics

Reader's Guide to Lesbian and Gay Studies

Author: Timothy Murphy

Publisher: Routledge

ISBN: 1135942412

Category: Reference

Page: 748

View: 8828

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).
Posted in Reference

Women and the Law Stories

Author: Elizabeth M. Schneider,Stephanie M. Wildman

Publisher: Foundation Press

ISBN: 9781599415895

Category: Law

Page: 475

View: 8534

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).
Posted in Law

Law and Religion, Cases and Materials

Author: Leslie Griffin

Publisher: Foundation Press

ISBN: 9781634605236

Category:

Page: 778

View: 1617

The fourth edition was updated to include important new Supreme Court cases on governmental prayer, reproductive healthcare rights, the Religious Freedom Restoration Act (RFRA), and same-sex marriage. The fourth edition continues the book''s interdisciplinary approach to law and religion, its student-friendly notes and questions, and its inclusion of numerous non-Supreme Court cases from a variety of state, federal, and international courts. The chapters were reorganized to highlight the impact of the Court''s most recent cases on the subject matter of law and religion. The first six chapters provide the foundational information about free exercise, establishment, and RFRA: 1. Free Exercise of Religion identifies the ever-increasing diversity of American religion versus non-religion. It now includes United States v. Seeger, as a lead conscientious objection case explaining what the Court means by "religion." 2. Introduction to Establishment now includes the Court''s decision upholding government-sponsored prayer in Town of Greece v. Galloway, and asks if Galloway will change all future Establishment Clause analysis. 3. What is an Establishment of Religion? examines older establishment precedents about religious symbols and monuments, public funding of religion, and religious speech in light of Galloway. The chapter also focuses on the funding issue the Court will hear in the 2016 Term in Trinity Lutheran Church v. Pauley, which asks if state bans on church funding violate the federal Establishment Clause. 4: Constitutional and Statutory Protection of Free Exercise provides extensive coverage of the ramifications of the Court''s RFRA decision, Hobby Lobby, which accommodated for-profit businesses from providing contraceptive benefits to their employees. 5: Conscience, Complicity, and Conscientious Objection relates Hobby Lobby to the Court''s order searching a compromise between religious nonprofits and the government in Zubik v. Burwell. This chapter explores military, medical, and legal conscientious objection and analyzes the increasing number of complicity claims faced by courts hearing RFRA cases. It also includes the case of Kim Davis, the Kentucky clerk who refused to issue marriage licenses to same-sex couples. 6: Conflicts between Individual and Institutional Religious Freedom explores the Court''s increasing protection of institutional over individual religious freedom by looking at three topics: church property disputes, employment discrimination, and torts. The employment discrimination section now includes an overview of Title VII''s religious discrimination provisions and the Court''s recent decision interpreting them in EEOC v. Abercrombie and Fitch. The chapter also explores in detail the repercussions of Hosanna-Tabor v. EEOC, the ministerial-exception case that was brand new in the third edition. The first six chapters provided the basics about free exercise, establishment, and RFRA. Later chapters are more specialized and can be assigned at the professor''s discretion, depending upon student interest. 7: RLUIPA: The Religious Land Use and Institutionalized Persons Act. RLUIPA now has its own chapter, which focuses on how the RFRA decisions studied in Chapters 4 and 5 will influence interpretation of RFRA''s twin sister statute, which applies to institutionalized persons (prisoners) and land use. 8: Comparative Religious Freedom was completely revised. It now includes cases from other countries that parallel the subjects already studied in earlier chapters of the casebook. A section on religious garb, including a Turkish case about hijab bans, recalls Abercrombie. A section on blasphemy connects to the free (religious) speech jurisprudence. Conscience receives extensive treatment because it has become so important in U.S. law. Chapter 8 incl
Posted in

Cases on Reproductive Rights and Justice

Author: Melissa Murray,Kristin Luker

Publisher: Foundation Press

ISBN: 9781609304348

Category: Law

Page: 949

View: 1113

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.
Posted in Law

Higher Education and the Law

Author: Judith C. Areen,Peter F. Lake

Publisher: Foundation Press

ISBN: 9781609302634

Category: Law

Page: 1223

View: 4341

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.
Posted in Law

Constitutional Law

Author: Gerald Gunther

Publisher: West Publishing Company

ISBN: N.A

Category: Law

Page: 1553

View: 357

Gerald Gunther, the leading authority on constitutional law has been joined by the distinguished constitutional scholar, Kathleen M. Sullivan, in updating the standard work in the field: Cases & Materials on Constitutional Law, Thirteenth Edition. The new edition maintains the structure of recent editions while thoroughly streamlining material & updating the cases covered. In addition, for the first time, a detailed Teacher's Manual has been prepared to assist current & new users in understanding the breadth & depth of this leading publication. Important features: * Federalism-The latest decisions on clashes between federal & state authority, including Lopez, NY v. U.S., Term Limits, & Seminole Tribe * Equal Protection-Updated focus on current controversies over affirmative action & voting rights * Free Speech-Current controversies from indecent speech on the Internet to proposed regulations of tobacco advertising & campaign money * Religion-The constitutionality & interpretation of the Religious Freedom Restoration Act, & debates over the meaning of religious liberty Constitutional Law has remained on the bookshelves of practitioners long after law school because it is such a comprehensive reference guide to the field of Constitutional Law.
Posted in Law

Family Law in Focus

Author: Marlene A. Pontrelli,J. Shoshanna Ehrlich

Publisher: Wolters Kluwer Law & Business

ISBN: 1454881208

Category: Law

Page: 714

View: 1070

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.
Posted in Law

The Law of Employment Discrimination, Cases and Materials

Author: Joel Friedman

Publisher: Foundation Press

ISBN: 9781634606394

Category:

Page: 1338

View: 2643

This casebook covers all major aspects of employment discrimination law, including benchmark legislative, administrative, and judicial developments. Due in part to frequent updates and revisions, it has received accolades as one of the most comprehensive and frequently updated texts on the market. The 11th Edition continues this tradition by seamlessly incorporating all major legislative and judicial developments through February 2017, accompanied by textual notes and questions that explore issues answered or left unanswered by this jurisprudence.
Posted in