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Sexual Orientation and the Law Research GuideThis selective research guide highlights major print and electronic resources available to Cleveland-Marshall College of Law students engaged in researching "Sexual Orientation and the Law." Please contact the research services staff during research services hours, or via email to research.services@law.csuohio.edu, for help in locating these or other resources to meet your needs.
Research Paper Topic Selection Searching SCHOLAR and OhioLINK Catalogs Periodicals and Current Awareness Services LexisNexis/Westlaw "Saved Searches"
"Sexual Orientation and the Law" encompasses a great array of primary and secondary materials and literature. At any time you may need to research statutes, code sections, legislative history, regulations, regulatory history, administrative decisions, and court decisions, as well as biological, medical, ethical, and social science materials. Currently, Title VII construes "sex" as gender, not sexual orientation, sexual practices, or sexual preferences. Thus, when researching sexual orientation law, one may need to consider state and/or local jurisdictions that may have broader definitions of "sex." However, one must also remember that "gender" can encompass sex-based stereotypes, and federal courts have variously ruled on this issue in relationship to Title VII. For in-depth information on statutes, code sections, and legislative history, consult the Federal Legislative History and Legislative History Research guides available on the Cleveland-Marshall College of Law Library Law Library Publications and Resource Guides page. For in-depth information on regulations, regulatory history, and administrative decisions, consult the Administrative Law guide available on the Cleveland-Marshall College of Law Library Law Library Publications and Resource Guides page. Biological and medical research concerning genetic and physiological bases for homosexuality, lesbianism, and transsexuality may have profound legal implications. In addition, to more completely understand the issues surrounding sexual orientation and the law, one must research ethical and social science literature concerning homosexuals, lesbians, and transsexuals denied rights and privileges granted to heterosexuals in such areas as marriage, adoption, parenting, employment, credit, housing, public accommodation, military service, civil rights, immigration, and human rights.
Research Paper Topic Selection Selecting an appropriate topic for a research paper may seem more stressful than the writing itself. How can you find an interesting topic in which there's not too much, yet not too little, written? First, try reviewing current issues and hot topics on news Web sites such as American Lawyer Media's American Lawyer, Law.Com, National Law Journal, and New York Law Journal, as well as Lawyers Weekly. Browse news and current events on professional or advocacy organization Web sites, such as the American Bar Association, American Civil Liberties Union, Lambda Legal, and National Lesbian and Gay Law Association. Beyond providing resources for conducting research on a topic, both LexisNexis and Westlaw have news and other materials that may help you to identify a paper topic. In LexisNexis, review the source files arranged under "Legal - Area of Law - By Topic," "Legal - Secondary Legal" (such as the Bar Journals, Combined and Combined Legal Newsletters source files, as well as the American Bar Association group of source files) and "Legal - Legal News," as well as "News & Business - News" and "News & Business - Market & Industry - By Industry & Topic." In Westlaw, review the databases arranged under "Topical Materials by Area of Practice," "Legal Periodicals & Current Awareness" (such as Legal Newsletter Multibase, Legal Newspapers, and Notable Trials) and "Business and News" (such as the "Business & Trade Journals by Industry" and "Legal News" groups). Second, once you've identified an appropriate topic, do a quick preliminary literature review to determine whether there are sufficient resources to discuss the topic as well as present your hypothesis and evidence-based conclusion. See other sections of this guide for more complete information on conducting print and electronic research for your paper.
Searching SCHOLAR and OhioLINK Catalogs (SCHOLAR hands-on instruction) SCHOLAR is the electronic catalog for Cleveland State University's Law Library and University Library. CSU also participates in the state-wide consortia OhioLINK, which provides access to a state-wide central catalog and numerous research databases. For treatises and other materials on sexual orientation and the law, search the SCHOLAR and OhioLINK catalogs with the subject headings Bisexuality, Gay Men, Gay Rights, Gays, Gender Identity, Homosexuality, Lesbians, Sex and Law, Sexual Orientation, Transexualism, Transsexuals, and Transvestites. See also the Sex and Law Related Subject Headings.
The Case for Gay Rights: from Bowers to Lawrence and Beyond / David A.J. Richards. University Press of Kansas, c2005. KF4754.5 .R525 2005 Courting Justice: Gay Men and Lesbians v. the Supreme Court / Joyce Murdoch and Deb Price. Basic Books, c2001. HQ76.8 .U5 M97 2001 Equality Practice: Civil Unions and the Future of Gay Rights / William N. Eskridge, Jr. Routledge, c2002. HQ76.3 .U5 E86 2002 From Identity to Politics: the Lesbian and Gay Movements in the United States / Craig A. Rimmerman. Temple University Press, c2002. HQ76.8 .U5 R56 2002 Gay and Lesbian Rights in the United States: a Documentary History / Walter L. Williams and Yolanda Retter, eds. Greenwood Press, c2003. HQ76.8 .U5 G37 2003 Gay Rights / Rachel Kranz and Tim Cusick. Facts on File, c2000. HQ76.8 .U5 K73 2000 Gay Rights on Trial: a Reference Handbook / Lee Walzer. ABC-CLIO, c2002. KF4754.5 .W35 2002 and electronic version Hated in the Hallways: Violence and Discrimination against Lesbian, Gay, Bisexual, and Transgender Students in U.S. Schools / Human Rights Watch, c2001. LC212.82 .H37 2001 Homophobia and the Law / Amy D. Ronner. American Psychological Association, c2005. KF4754.5 .R66 2005 Just Married: Gay Marriage and the Expansion of Human Rights / Kevin Bourassa and Joe Varnell. University of Wisconsin Press, c2002. HQ1034 .C2 B68 2002 Law and Sexuality: the Global arena / Carl Stychin and Didi Herman, eds. University of Minnesota Press, c2001. K5194 .L39 2001 A Legal Guide for Lesbian & Gay Couples / Hayden Curry and Denis Clifford; Ralph Warner, ed. Nolo Press, c2002. KF538 .C87 Living Together: Practical Legal Issues / Margaret C. Jasper. Oceana Publications, c2003. KF538 .Z9 J37 2003 The Limits to Union: Same-Sex Marriage and the Politics of Civil Rights Jonathan Goldberg-Hiller. University of Michigan Press, c2002. HQ1034 .U5 G65 2002 The Long Arc of Justice: Lesbian and Gay Marriage, Equality, and Rights / Richard D. Mohr. Columbia University Press, c2005. HQ76.3 .U5 M642 2005 Love the Sin: Sexual Regulation and the Limits of Religious Tolerance / Janet R. Jakobsen and Ann Pellegrini. New York University Press, c2003. BR115 .H6 J34 2003 The Morality of Gay Rights: an Exploration in Political Philosophy / Carlos A. Ball. Routledge, c2003. HQ76.5 .B35 2003 Out at Work: Building a Gay-Labor Alliance / Kitty Krupat and Patrick McCreery, eds. University of Minnesota Press, c2001. HD6285.5 .U6 O878 2001 Rainbow rights: the Role of Lawyers and Courts in the Lesbian and Gay Civil Rights Movement / Patricia A. Cain. Westview Press, c2000. KF4754.5 .C35 2000 Regulating Intimacy: a New Legal Paradigm / Jean L. Cohen. Princeton University Press, c2002. KF9325 .C64 2002 Regulating Sex: the Politics of Intimacy and Identity / Elizabeth Bernstein and Laurie Schaffner, eds. Routledge, c2005. HQ23 .R43 2005 The Rights of Lesbians, Gay Men, Bisexuals, and Transgender People: the Authoritative ACLU Guide to a Lesbian, Gay, Bisexual, or Transgender Person's Rights / Nan D. Hunter, Courtney G. Joslin, and Sharon M. McGowan. Southern Illinois University Press, c2004. KF4754.5 .Z9 H86 2004 Same-Sex Marriage in the United States: Focus on the Facts / Sean Cahill. Lexington Books, c2004. HQ1034 .U5 C34 2004 Same-Sex Marriage, Legal Mobilization, & the Politics of Rights / Martin Dupuis. Peter Lang, c2002. HQ1034 .U5 D86 2002 Sexual Rights in America: the Ninth Amendment and the Pursuit of Happiness / Paul R. Abramson, Steven D. Pinkerton, and Mark Huppin. New York University Press, c2003. KF9325 .A93 2003 Sexuality and Human Rights: a Global Overview / Helmut Graupner and Phillip Tahmindjis, eds. Harrington Park Press, c2005. HQ76.5 .S49 2005 Sexuality Repositioned: Diversity and the Law / Belinda Brooks-Gordon, et al., eds. Hart, c2004. HQ23 .S49 2004 The Stranger Next Door: the Story of a Small Community's Battle over Sex, Faith, and Civil Rights / Arlene Stein. Beacon Press, c2001. HQ76.8 .U5 S74 2001 Symposium, Re-Orienting Law and Sexuality. Cleveland-Marshall College of Law, c2000. Special Collections KF9325 .A75 S97 2000 Transgender Jurisprudence: Dysphoric Bodies of Law / Andrew N. Sharpe. Cavendish Publishing, c2002. K646 .S52 2002 Why Marriage?: the History Shaping Today's Debate over Gay Equality / George Chauncey. Basic Books, c2004. HQ76.8 .U5 C43 2004 Why Marriage Matters: America, Equality, and Gay People's Right to Marry / Evan Wolfson. Simon & Schuster, c2004. HQ1034 .U5 W659 2004 Why You Should Give a Damn about Gay Marriage / Davina Kotulski. Advocate Books, c2004. HQ1034 .U5 K67 2004
Periodicals and Current Awareness Services See the Finding Articles in Law Reviews, Journals and Other Legal Periodicals guide for an explanation of the legal periodical indexes and databases available to Cleveland-Marshall College of Law students and the CSU community. That guide covers print and electronic indexes, as well as electronic full-text journals. In particular, note OhioLINK's Electronic Journal Center and its 11 subject clusters, such as "Social Sciences," which includes Politics, Political Science, and Law journals, and "Health Sciences and Medicine." Selected periodicals and current awareness services in the Cleveland-Marshall College of Law Library collection concerning "Sexual Orientation and the Law" include the following: The Dukeminier Awards: Best Sexual Orientation Law Review Articles of ... / UCLA School of Law Williams Project. UCLA School of Law, c2002- . K4 .U58 The Georgetown Journal of Gender and the Law. Georgetown University Law Center, c1999- . K7 .E572 Lambda Update. Lambda Legal Defense and Education Fund, Inc. KF4754.5 .A15 L36 Law & Sexuality: a Review of Lesbian and Gay Legal Issues. Tulane University School of Law, c1991- . K12 .A9227 Lesbian-Gay Law Notes. Bar Association for Human Rights of Greater New York. KF4754.5 .A15 L47 Michigan Journal of Gender & Law. University of Michigan Law School, c1994- . K13 .I313
No matter what topic you select for your "Sexual Orientation and the Law" research paper, to fully understand and appreciate the myriad issues involved in it, you will likely need to conduct interdisciplinary research in the life sciences and/or social sciences. When researching in these areas, remember that current knowledge in these disciplines is primarily found in the journal literature, and one should never simply rely upon books. In LexisNexis: Legal: Area of Law - By Topic, review in particular the source files in the "Constitutional Law," "Family Law," "Health Care," "Labor & Employment," "Medical," and "Privacy Law" groups. In Westlaw: Topical Practice Areas, review in particular the databases in the "Civil Rights," "Constitutional Law," "Family Law," "First Amendment," "Health & Medicine," and "Labor & Employment" groups. Each of these LexisNexis/Westlaw topical groups include news and journal source files and databases, in addition to traditional case, statute, and regulation source files. The OhioLINK state-wide library consortia provides access to over 100 Research Databases arranged in 40 topical groups. For example, the "Law and Legislation" group includes Index to Legal Periodicals and Books, LexisNexis Academic, Ohio Capitol Connection, PAIS International, Papers First, Proceedings First, Social Sciences Citation Index, and Sociological Abstracts. The "Medicine and Health" group includes Alt HealthWatch, Clinical Pharmacology, MEDLINE, Papers First, Proceedings First, PsycINFO, and Science Citation Index. The "Social Sciences" group includes Social Science Citation Index, Social Work Abstracts, GenderWatch, New York Times, PAIS International, PapersFirst, ProceedingsFirst, Social Sciences Citation Index, and Sociological Abstracts. All of the OhioLINK topical Research Databases groups include WorldCat, an international library consortia catalog of over 43 million records of materials dating from 1000 BC to the present. The Cleveland-Marshall College of Law Library Web site includes links to numerous Legal Reference materials, Federal Legal Resources, and Ohio/Local Legal Resources, as well as Law Library Publications and Resource Guides. New Resource Guides, covering topics such as Health Law and Sexual Orientation and the Law, are being added on a continuous basis.
LexisNexis/Westlaw "Saved Searches" When writing a paper or article, you may need to continuously search primary and secondary sources for information on pending court cases, legislation, and regulations, as well as a myriad of social and political events. LexisNexis and Westlaw allow you to save a search then have it automaticaly run for you on a periodic basis, saving you a lot of time and effort. These "saved searches" are called LexisNexis Alert searches and Westlaw WestClip searches. Search results can be delivered to you as a regular printout or emailed. For information on how to set up LexisNexis Alert and Westlaw WestClip searhces, connect to the LexisNexis/Westlaw Saved Searches guide from the Law Library Publications and Resource Guides.
If you're inexperienced with searching the WorldWideWeb, or having poor luck doing so, consult the Web Searching guide available from the Cleveland-Marshall College of Law Library Law Library Publications and Resource Guides page. It includes information on evaluating Web sites, principles and guidelines for Web searching, Web directories, Web search engines, Web metasearch engines, and the Invisible Web. Key Law-Related and Legal Research Web sites with relevance for "Sexual Orientation and the Law" include the following: American Bar Association: Section of Individual Rights and Responsibilities: Committee on Sexual Orientation and Gender Identity American Civil Liberties Union: Lesbian and Gay Rights Association of American Law Schools Section on Sexual Orientation and Gender Identity Issues FindLaw: Public: FindLaw for the Public: Civil Rights: More Topics: Gay and Lesbian Rights / Sexual Orientation Discrimination Institute for Gay and Lesbian Strategic Studies International Lesbian and Gay Association International Gay and Lesbian Human Rights Commission Kinsey Institute for Research in Sex, Gender, and Reproduction National Center for Lesbian Rights National Gay and Lesbian Task Force National Lesbian and Gay Law Association UCLA School of Law's The Williams Institute University of Chicago Library's Sexuality, Gender, and the Law. National and International Guide to electronic and print sources compiled and maintained by Lyonette Louis-Jacques, Foreign and International Law Librarian, University of Chicago D'Angelo Law Library.
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