• A Cautionary Tale: Black Women, Criminal Justice, and HIV

      Browne-Marshall, Gloria J. (Duke University School of Law, 2012-04-01)
    • A Child’s Right to Protection from Transfer Trauma in a Contested Adoption Case

      Scarnecchia, Suellyn (Duke University School of Law, 1995-01-01)
    • A Christian Perspective on Gender Equality

      Kohm, Lynne Marie (Duke University School of Law, 2008-08-01)
    • A Man’s Right to Choose His Surname in Marriage: A Proposal

      Frandina, Michael Mahoney (Duke University School of Law, 2009-01-01)
      [...] a brief history of marital and naming practices will outline how these two concepts have shifted to a primarily private issue today, as compared with the Middle Ages, when they were primarily public issues highly concerned with property matters. [...] naming involves important issues in the construction of one's identity.
    • A New Approach for Gay and Lesbian Domestic Partners: Legal Acceptance Through Relational Property Theory

      Jacobs, Hara (Duke University School of Law, 1994-01-01)
      In the past twenty years, the number of couples living together on a long-term basis without marrying has dramatically increased. 1 With the increase in domestic partnerships 2 has come new litigation in which one scorned domestic partner sues the other, claiming a right to property procured during the relationship. Often, one partner brought more present or future financial resources to the relationship than the other. The wealthier partner may have placed some or all of the property acquired during the relationship in her name only for a variety of seemingly innocuous reasons (e.g., business expertise, tax benefits, facilitation of financial management); nonetheless, the result is that one partner has title to the assets while the other partner has nothing. In fact, such a situation is similar to marriage, where one spouse typically enters the union with more assets, business expertise, or earning potential than the other. As this Note argues, the key difference between spouses and domestic partners, however, is that marital dissolution statutes protect spouses. Domestic partners must rely on scattered judicial decisions which often do not agree on the proper theory a domestic partner should advance in order to state a claim. The problems a domestic partner faces are compounded when the plaintiff making the property claim is gay or lesbian. Homosexuals are not a protected class, which means that they can be discriminated against as long as there is a rational basis for the statutory distinction and a legitimate government interest. 3
    • A Right to Choose?: Sex Selection in the International Context

      Bumgarner, Ashley (Duke University School of Law, 2007-05-01)
      While there is some debate among doctors, ethicists, and the general public about the level of medical necessity that should justify a sex-selection procedure, most accept that sex selection for medical reasons is beyond ethical reproach, and in some situations, should even be encouraged.9 However, elective, non-medical sex-selection, which is often performed for social or financial reasons, is the subject greater scrutiny and impassioned ethical debate.10 Currently, doctors and geneticists are able to diagnose more than five hundred separate medical conditions in a developing fetus.11 Among these conditions are devastating genetic diseases such as hemophilia, Down syndrome, cystic fibrosis, Huntington's disease,12 and Hunter syndrome.
    • Abortion Post-Glucksberg and Post-Gonzales: Applying an Analysis That Demands Equality for Women Under the Law

      Nagle, Mary Kathryn (Duke University School of Law, 2009-08-01)
      Because the government has historically enacted laws criminalizing abortion to preserve traditional stereotypes regarding a woman's domestic and subordinate position in society,22 abortion regulations necessitate an Equal Protection Clause analysis. [...] this article will examine first how Gonzales and Glucksberg forecast Roe's now inevitable demise, and accordingly, why abortion regulations must now be evaluated under an Equal Protection Clause analysis- in place of the crumbling Due Process Clause framework.23 Finally, this article will explain how and why the Partial Birth Abortion Act of 2003 violates the Equal Protection Clause of the Fourteenth Amendment.
    • Accelerating Change: A History of ACT-UP’s AIDS Activism

      Irish, Meredith (Duke University School of Law, 1998-04-01)
    • Adoption and Aspiration: The Uniform Adoption Act, the Deboer-Schmidt Case, and the American Quest for the Ideal Family

      Hollinger, Joan Heifetz (Duke University School of Law, 1995-01-01)
      When the state must designate a child's legal parentage, should the goal be to protect the biological parents' "opportunity interests" to raise "their" child or to protect the child's established relationships with the individuals who have actually functioned as her parents? What characteristics render an adult an appropriate parent? These questions, long in the background of disputes over adoption, have been raised with new intensity in the early 1990s in two distinctive settings. The first is the debate about these questions waged in the courts and the media. The second is the effort of the National Conference of Commissioners on Uniform State Laws (NCCUSL) to create a Uniform Adoption Act. The fate of the child called Jessica by her would-be adopters in Michigan and Anna by her birth parents in Iowa was a matter of agitated public debate before, during, and after it was decided by a legal system slow to resolve the conflicting claims of the adoptive and birth parents and even slower to recognize the young child's interest in a quick decision. 1 Similarly, the law's inability to resolve the competing claims of entitlement with respect to other young children--Richard Doe in Illinois, Emily W. in Florida, Michael S. in California--generates yet more media attention to the questions of "where do children belong?" and "to whom do children belong?" 2 As American culture's internal conflicts over the ideal family are projected onto the various individuals, relationships, and households involved in each case, images of the conflicting ...
    • Adoption by Lesbian and Gay People: The Use and Mis-Use of Social Science Research

      Elovitz, Marc E. (Duke University School of Law, 1995-01-01)
      In the past twenty years, openly lesbian and gay people have joined in the evolving national dialogue, within the law and elsewhere, about adoption. This Article considers the adoption dialogue, addressing in particular the facts and beliefs that sometimes form (both by informing and misinforming) the dialogue. Part I of this Article describes the ways in which lesbian and gay people confront adoption's legal structures. Part II discusses the findings of social science research on parenting by lesbian and gay people. Part III reviews and analyzes some of the responses to this research. The Conclusion considers the nature of the discussions regarding the research and suggests a mode of reconstruction. I. The Legal Structures of Adoption The legal process of adoption intersects with the lives of lesbian and gay people in a variety of ways. The most common are (1) second parent adoptions in which a lesbian or gay person adopts the child of a partner, and (2) traditional adoptions, in which a lesbian or gay person adopts a foster child or a child whom the adoptive parent has previously not cared for. 1 The traditional form of adoption extinguishes the parental rights and obligations of the biological or legal parent so that the adoptive parent becomes the sole parent. Second parent adoption, however, leaves the parental rights of one legally recognized parent intact and creates a second legally recognized parent for the child. These adoptions have become fairly routine among children of heterosexual step-parents, though typically pursuant to ...
    • Adoption of Minor Children by Lesbian and Gay Adults: A Social Science Perspective

      Patterson, Charlotte J. (Duke University School of Law, 1995-01-01)
      Does adoption of minor children by openly lesbian or gay adults serve the best interests of children? Although forbidden in some jurisdictions, 1 such adoptions have taken place in other parts of the country. Considerable public controversy continues to surround adoptions by lesbian and gay parents. 2 In this article, I begin with a description of two actual adoptions which illustrate the difference between stranger adoptions, in which the biological parent's rights are terminated, and second parent or co-parent adoptions, in which a second person becomes a legal parent without terminating the legal or biological parent's rights. In this way, I hope to point out some of the needs that these adoptions satisfy. I then provide a brief outline of the legal status of lesbian and gay adoption in different jurisdictions and give an overview of evidence from social science research about the development of children with lesbian and gay parents. I conclude that there is no factual basis for claims that the adoption of children by lesbian and gay parents is harmful to children. On the contrary, there is every reason to believe, based on research findings, that children of lesbian and gay parents develop as successfully as do children of heterosexual parents. For this reason, and in view of the needs of children who are involved, I argue that for purposes of adoption proceedings, sexual orientation of prospective parents should be considered irrelevant. I. Adoption By Lesbian and Gay Parents: Two Personal Stories A. To Be Someone's Child ...