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Keynote: The Protection of LGBT Youth
Get PDFThis keynote contains three parts. Part I addresses the intersection of two metaphors: medicine and childhood in LGBT Rights. Part II addresses the state regulation of LGBT youth. Part III offers Professor Konnoth\u27s concluding remarks on the protection of LGBT youth
Created in Its Image: The Race Analogy, Gay Identity, and Gay Litigation in the 1950s-1970s
Get PDFExisting accounts of early gay rights litigation largely focus on how the suppression and liberation of gay identity affected early activism. This Note helps complicate these dynamics, arguing that gay identity was not just suppressed and then liberated, but substantially transformed by activist efforts during this period, and that this transformation fundamentally affected the nature of gay activism. Gay organizers in the 1950s and 1960s moved from avoiding identity-based claims to analogizing gays to African-Americans. By transforming themselves in the image of a successful black civil rights minority, activists attempted to win over skeptical courts in a period when equal protection doctrine was still quite fluid. Furthermore, through this attempted identity transformation, activists replaced stigmatizing medico-religious models of homosexuality with self-affirming civil rights-based models. This identity transformation through analogy cemented gay rank-and-file perception of the social treatment they faced as unjust, and helped determine what remedies gays would seek. For example, defensive gay litigation of the 1950s soon gave way to the affirmative impact-type litigation of the civil rights movement. Similarly, in the image of the 1960s racial justice movement, 1970s gays began to pursue legal acceptance of gay marriage rather than first seeking intermediate relationship recognition. Thus, analogies and identity claims can be useful tools for perceiving and remedying oppression. They should, however, be tools that unite, not divide groups: gays and blacks, especially, should recognize their (contingent) commonalities, created as gays remade themselves in the image of blacks
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Classification Standards for Health Information: Ethical and Practical Approaches
Get PDFSecondary health information research requires vast quantities of data in order to make clinical and health delivery breakthroughs. Restrictive policies that limit the use of such information threaten to stymie this research. While the Notice of Proposed Rulemaking (NPRM) for the new Common Rule permits patients to provide broad consent for the use of their information for research, that policy offers insufficient flexibility. This Article suggests a flexible consenting system that allows patients to consent to a range of privacy risks. The details of the system will be fleshed out in future work
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Medicalization and the New Civil Rights
No full textIn the last several decades, individuals have advanced civil rights claims that rely on the language of medicine. This Article is the first to define and defend these “medical civil rights” as a unified phenomenon.
Individuals have increasingly used the language of medicine to seek rights and benefits, often for conditions that would not have been cognizable even a few years ago. For example, litigants have claimed that discrimination against transgender individuals constitutes illegal disability discrimination. Others have argued that their fatigue constitutes chronic fatigue syndrome (which was, until recently, a novel and contested diagnosis) to obtain Social Security disability benefits. Homelessness has similarly been framed as a medical problem complete with a diagnosis code. Recently, progressive states have used Medicaid funds to help address homelessness. While some scholarship focuses piecemeal on specific areas—such as obesity or transgender rights—I use qualitative and quantitative evidence to show that these claims, which rely on their medical pedigree for their power, are part of a larger phenomenon, which I term “medical civil rights.”
After defining the phenomenon and its scope, the core of the Article departs sharply from existing legal scholarship by defending medical civil rights-seeking. The piecemeal legal scholarship that explicitly addresses the question of medicalization uniformly critiques the use of medical civil rights. However, this siloed perspective has obscured the broad benefits these rights can provide. The legal protections that accompany medical status are more robust than those received by other vulnerable groups, such as the poor, the unemployed, or even racial minorities. Further, compared to other disadvantaged groups such as the unemployed or the poor, society holds the medically disadvantaged relatively blameless for any disadvantage. Finally, medical language creates a sense of objectivity and legitimacy for those invoking it. These underappreciated benefits may far outweigh the disadvantages of medical civil rights-seeking. As it is invoked to liberate rather than oppress, medicine itself might become a site of jurisgenesis through which those invoking it conceive of themselves as rights-holding individuals
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Keynote: The Protection of LGBT Youth
No full textThis keynote contains three parts. Part I addresses the intersection of two metaphors: medicine and childhood in LGBT Rights. Part II addresses the state regulation of LGBT youth. Part III offers Professor Konnoth\u27s concluding remarks on the protection of LGBT youth
Section 5 Constraints on Congress Through the Lens of Article III and the Constitutionality of the Employment Non-Discrimination Act
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