The Article first explores what discrimination in the intimate realm may mean, and it discusses the ineffective application of traditional legal antidiscrimination measures in favor of Professor Vicki Shultz\u27s disruption model. The disruption model looks at institutional practices rather than individual intent, explaining that discrimination occurs when institutions create differential categories and apply hierarchical meanings to those categories. The Article then critically examines sexual orientation as an incoherent and oppressive social construct in need of disruption. Finally, the Article demonstrates the ways in which the law has created rigidly defined categories of sex, gender, and sexual identity (all inextricable compone...
Contemporary sex discrimination jurisprudence accepts as one of its foundational premises the notion...
The United States Supreme Court recently heard oral arguments in Altitude Express v. Zarda, a case t...
In this article, Professor Kenji Yoshino seeks to explain why the category of bisexuality has been e...
The Article first explores what discrimination in the intimate realm may mean, and it discusses th...
This is a challenging moment for the law of discrimination. The state’s role in discrimination has l...
In the aftermath of the Supreme Court’s recent decision in Obergefell v. Hodges, constitutional juri...
In assessing laws that regulate marriage, procreation, and sexual intimacy, the Supreme Court has re...
In the course of debates over same-sex marriage, many scholars have proposed new legal definitions o...
The article considers the issue of what is sex and sexual orientation discrimination and should und...
In this essay, I first describe the origins and current status of anti-discrimination laws that cove...
Laws prohibiting discrimination based on sexual orientation are becoming more common in all parts of...
This Article examines the efficacy of the most recently proposed version of the Employment Non-Discr...
This Article offers two main contributions to the study of sex stereotyping. First, it identifies an...
In this article, Professor Franke asks and answers a seemingly simple question: why is sexual harass...
In this Article, I argue that sexual orientation meets the burden established by Supreme Court juris...
Contemporary sex discrimination jurisprudence accepts as one of its foundational premises the notion...
The United States Supreme Court recently heard oral arguments in Altitude Express v. Zarda, a case t...
In this article, Professor Kenji Yoshino seeks to explain why the category of bisexuality has been e...
The Article first explores what discrimination in the intimate realm may mean, and it discusses th...
This is a challenging moment for the law of discrimination. The state’s role in discrimination has l...
In the aftermath of the Supreme Court’s recent decision in Obergefell v. Hodges, constitutional juri...
In assessing laws that regulate marriage, procreation, and sexual intimacy, the Supreme Court has re...
In the course of debates over same-sex marriage, many scholars have proposed new legal definitions o...
The article considers the issue of what is sex and sexual orientation discrimination and should und...
In this essay, I first describe the origins and current status of anti-discrimination laws that cove...
Laws prohibiting discrimination based on sexual orientation are becoming more common in all parts of...
This Article examines the efficacy of the most recently proposed version of the Employment Non-Discr...
This Article offers two main contributions to the study of sex stereotyping. First, it identifies an...
In this article, Professor Franke asks and answers a seemingly simple question: why is sexual harass...
In this Article, I argue that sexual orientation meets the burden established by Supreme Court juris...
Contemporary sex discrimination jurisprudence accepts as one of its foundational premises the notion...
The United States Supreme Court recently heard oral arguments in Altitude Express v. Zarda, a case t...
In this article, Professor Kenji Yoshino seeks to explain why the category of bisexuality has been e...