Nancy J. Knauer

Temple University - James E. Beasley School of Law

I. Herman Stern Professor of Law

1719 N. Broad Street

Philadelphia, PA 19122

United States

SCHOLARLY PAPERS

40

DOWNLOADS
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9,737

SSRN CITATIONS
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Top 20,519

in Total Papers Citations

11

CROSSREF CITATIONS

39

Scholarly Papers (40)

1.

The COVID-19 Pandemic and Federalism: Who Decides?

New York University Journal of Legislation and Public Policy, Vol. 23, No. 1, 2020, Temple University Legal Studies Research Paper No. 2020-14
Number of pages: 33 Posted: 27 Jul 2020 Last Revised: 28 Nov 2020
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 1,186 (22,602)

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COVID-19, pandemic, coronavirus, public health, 10th Amendment, federalism, states' rights

2.

Same-Sex Domestic Violence and the Law: Claiming a Domestic Sphere and Risking Negative Stereotypes

Temple Political & Civil Rights Law Review, Vol. 8, 1999
Number of pages: 26 Posted: 01 Nov 2006 Last Revised: 25 Jul 2010
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 693 (47,954)
Citation 4

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domestic violence, same-sex domestic violence, intimate partner violence, LGBT, gay, lesbian, initmate violence, domestic abuse, culture war, lesbian stereotypes, traditional values, anti-gay stereotypes, feminism, protection from abuse orders

3.

Legal Fictions and Juristic Truth

St. Thomas Law Review, Vol. 23, 2010, Temple University Legal Studies Research Paper No. 2009-39
Number of pages: 51 Posted: 19 Oct 2009 Last Revised: 14 Aug 2010
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 646 (52,607)
Citation 3

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legal fictions, slavery, doctrine of discovery, jurisprudence, law and literature, tax policy, ectopia, lon fuller

4.

Gay and Lesbian Elders: Estate Planning and End-of-Life Decision Making

Florida Coastal Law Review, Vol. 11, 2010, Temple University Legal Studies Research Paper No. 2011-6
Number of pages: 55 Posted: 06 Aug 2010 Last Revised: 04 Jul 2021
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 587 (59,436)

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Gay and Lesbian Elders, LGBT elders, gay seniors, LGBT seniors, estate planning, undue influence, will challenges, culture wars, DOMA, same sex marriage, marriage equality, chosen family, fictive kin, lack of capacity, Stonewall Riots, history of homosexuality, LGBT history, funeral agent

5.

Same-Sex Marriage and Federalism

Temple Political & Civil Rights Law Review, Vol. 17, No. 2, p. 101, 2008, Temple University Legal Studies Research Paper No. 2008-72
Number of pages: 23 Posted: 07 Jul 2008 Last Revised: 25 Jul 2010
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 534 (66,923)

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marriage, LGBT, gay, lesbian, same-sex marriage, marriage equality, DOMA, Defense of Marriage Act, family law. federalism, domestic partner, civil union, domestic partnership, traditional values, culture wars, Baehr v Lewin, Goodrich v Department of Health, full faith and credit

6.

LGBT Elder Law: Toward Equity in Aging

Harvard Journal of Law and Gender, Vol. 32, 2009, Temple University Legal Studies Research Paper No. 2009-9
Number of pages: 59 Posted: 08 Dec 2008 Last Revised: 06 Jun 2021
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 532 (67,268)

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Elder Law, LGBT, gay, lesbian, transgender, elders, senior citizens, aging, social security, sexologists, homophile, sexual psychopath, Stonewall, gay liberation, American Freudians, blue discharge, Don't Ask Don't Tell, marriage equality, DOMA, LGBT elders, gay elders, gay seniors, closet

7.

'Gen Silent': Advocating for LGBT Elders

Elder Law Journal, Vol. 19, p. 101, 2011
Number of pages: 61 Posted: 12 Jul 2011 Last Revised: 06 Jun 2021
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 374 (102,205)

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Gay and Lesbian Elders, LGBT elders, gay seniors, LGBT seniors, estate planning, undue influence, will challenges, culture wars, DOMA, same sex marriage, marriage equality, chosen family, fictive kin, lack of capacity, Stonewall Riots, history of homosexuality, LGBT history, aging in place

8.

The Paradox of Corporate Giving: Tax Expenditures, the Nature of the Corporation, and the Social Construction of Charity

DePaul Law Review, Vol. 44, p. 1, 1994
Number of pages: 98 Posted: 04 Jul 2008 Last Revised: 25 Jul 2010
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 313 (124,311)

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charitable giving, philanthropy, nonprofit, exempt organization, 501(c)(3), tax policy, tax expenditure, charitable contribution, 170, halo effect, cause related marketing, corporate giving, corporate responsibility, corporate social responsibility, corporate sponsorship, corporate giving

9.

Homosexuality as Contagion: From the Well of Loneliness to the Boy Scouts

Hofstra Law Review, Vol. 29, No. 2, p. 401, 2000
Number of pages: 101 Posted: 10 Mar 2006 Last Revised: 25 Jul 2010
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 302 (129,200)

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homosexuality, LGBT, gay, lesbian, ex-gay, traditional family values, obscenity, bowers v. hardwick, don't ask, don't tell, dale v. boy scouts, Radclyffe Hall, well of loneliness, invert, inversion, reverse discourse, sexologists, Krafft-Ebing, Havelock Ellis, regina v hicklin, culture wars

10.

Legal Consciousness and LGBT Research: The Importance of Law in the Everyday Lives of LGBT Individuals

Journal of Homosexuality, Vol. 59, 2012, Temple University Legal Studies Research Paper No. 2012-10
Number of pages: 8 Posted: 14 Feb 2012 Last Revised: 06 Jun 2021
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 264 (148,487)

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legal consciousness, LGBT, LGBT civil rights, same-sex marriage, gay marriage, DOMA, gay, lesbian, Perry v Brown, hospital visitation, federalism, relationship recognition, direct democracy, same-sex divorce, gay divorce, Proposition 8, domestic partnership, civil union, designated beneficiary

11.

Gender Matters: Making the Case for Trans Inclusion

Pierce Law Review, Vol. 6, No. 1, Fall 2007, Temple University Legal Studies Research Paper No. 2007-10
Number of pages: 78 Posted: 23 Apr 2007 Last Revised: 25 Jul 2010
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 255 (153,730)

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transgender, LGBT, gender, feminism, transsexual, gay, lesbian, gender queer, queer, sex reassignment, post-feminist, butch femme, embodiment, gender identity disorder, gender disphoria, lesbian feminism, gay liberation, transman, transwoman, law school diversity, gender performance, gender

12.

Defining Capacity: Balancing the Competing Interests of Autonomy and Need

Temple Political & Civil Rights Law Review, Vol. 12, 2003
Posted: 01 Nov 2006 Last Revised: 08 May 2012
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 246 (159,304)

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incapacity, capacity, guardianship, autonomy, power of attorney, conservatorship, disability, gay, lesbian, same-sex relationship, civil commitment, model rules, rule1.14, LGBT, sharon kowalski, madness and civilization, disabled client, professional responsibility, ward, undue influence

13.

Science, Identity, and the Construction of the Gay Political Narrative

Law & Sexuality, Vol. 12, p. 1, 2003
Number of pages: 87 Posted: 30 Oct 2006 Last Revised: 04 Jul 2021
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 246 (159,304)
Citation 1

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homosexuality, LGBT, gay, lesbian, ex-gay, gay gene, essentialism, social construction, sexologists, foucault, reverse discourse, sexual inversion, gay liberation, homophile, bowers v hardwick, sodomy, krafft ebing, havelock ellis, LGBT identity, dale v boy scouts, immutability, sexual psychopath

14.

Religious Exemptions, Marriage Equality, and the Establishment of Religion

University of Missouri-Kansas City Law Review, Vol. 84, No. 1, 2016, 749 - 795., Temple University Legal Studies Research Paper No. 2015-37
Number of pages: 47 Posted: 12 Sep 2015 Last Revised: 12 Jul 2016
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 238 (164,504)

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marriage equality, same sex marriage, gay, lesbian, LGBT, religious liberty, religious freedom, RFRA, Obergefell, free exercise, establishment of religion, First Amendment, First Amendment Defense Act, conflicting rights, accommodation

15.

LGBT Issues and Adult Guardianship: A Comparative Perspective

Comparative Perspectives on Guardianship, Kim Dayton, ed., 2013, Temple University Legal Studies Research Paper No. 2013-02
Number of pages: 29 Posted: 09 Nov 2012 Last Revised: 06 Jun 2021
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 221 (176,583)

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adult guardianship, guardianship, comparative guardianship law, LGBT, gay, lesbian, transgender, incapacity, capacity, power of attorney, substituted judgment, supported decision making, best interests, public guardian, cultural competency training, LGBT estate planning

16.

The Recognition of Same-Sex Relationships: Comparative Institutional Analysis, Contested Social Goals, and Strategic Institutional Choice

University of Hawaii Law Review, Vol. 26, Spring 2006, Temple University Legal Studies Research Paper No. 2006-17
Number of pages: 60 Posted: 10 Mar 2006 Last Revised: 27 Jul 2014
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 210 (185,246)
Citation 1

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institutional choice, comparative institutional analysis, social movement theory, social change, Neil Komesar, same-sex marriage, marriage equality, civil union, domestic partnership, LGBT, gay, lesbian, homosexuality, same sex couples, gay couples, DOMA

17.

A Marriage Skeptic Responds to the Pro-Marriage Proposals to Abolish Civil Marriage

Cardozo Law Review, Vol. 27, No. 3, p. 1261, 2006, Temple University Legal Studies Research Paper No. 2006-04
Number of pages: 17 Posted: 10 Mar 2006 Last Revised: 03 Aug 2010
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 210 (185,246)

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same-sex marriage, domestic partnership, civil union, marriage, LGBT, gay, lesbian, homosexuality, surviving partner, hospital visitation, culture war, DOMA, Defense of Marriage Act

18.

Aging in the United States: Rethinking Justice, Equality, and Identity Across the Lifespan

Temple Political & Civil Rights Law Review, Vol. 21, No. 2, p. 305, 2012, Temple University Legal Studies Research Paper No. 2012-37
Number of pages: 17 Posted: 04 Sep 2012 Last Revised: 07 May 2015
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 207 (187,686)

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elder rights, elder law, aging policy, ageism, identity politics, LGBT, social movement, dementia, dependency ratio, guardianship, end of life, elder justice act, sexuality, long term care, oldest old, home health care, caregiving

19.

Introduction: Gay and Lesbian Elders: History, Law, and Identity Politics in the United States

GAY AND LESBIAN ELDERS: HISTORY, LAW, AND IDENTITY POLITICS IN THE UNITED STATES, Ashgate Publishing, Ltd., 2010, Temple University Legal Studies Research Paper No. 2011-11
Number of pages: 17 Posted: 11 Aug 2010 Last Revised: 08 Jul 2021
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 188 (204,850)

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gay elders, LGBt elders, LGBT seniors, Stonewall, homophile, identity politics, same sex relationships, same sex marriage, chosen family, cultural competency, anti-bullying, elder law, aging policy, homosexuality, ageism, caregiving, hompohobia, traditional values, cuture war

20.

Bullying Across the Life Course: Redefining Boundaries, Responsibility, and Harm

Temple Political & Civil Rights Law Review, Vol. 22, No. 2, 2013, Temple University Legal Studies Research Paper No. 2014-02
Number of pages: 10 Posted: 23 Nov 2013 Last Revised: 06 Feb 2014
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 184 (208,831)

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Bullying, LGBT, gay, lesbian, transgender, elder abuse, employment discrimination, workplace bullying, cyberbullying, employment practices, school bullying, Title XI, OSHA, It Gets Better, suicide prevention, LGBT youth, disability, autism

21.

Heteronormativity and Federal Tax Policy

West Virginia Law Review, Vol. 101, p. 130, 1998
Number of pages: 108 Posted: 30 Oct 2006 Last Revised: 19 Jul 2010
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 170 (223,489)

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tax policy, marriage penalty, marriage bonus, same-sex couples, income tax, estate and gift tax, LGBT, gay, lesbian, queer theory, Defense of Marriage Act, DOMA, heteronormativity, contract for america, Poe v Seaborn

22.

LGBT Youth: Reconciling Family, Pride, and Community

Temple Political & Civil Rights Law Review, Vol. 23, No. 2, 2014, Temple University Legal Studies Research Paper No. 2015-07
Number of pages: 11 Posted: 30 Jan 2015 Last Revised: 09 Jun 2021
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 168 (225,656)

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LGBT youth, homelessness, suicide, gay, lesbian, marriage equality, LGBT rights, communities of faith, It Gets Better, queer, transgender youth, gender nonconforming, rejecting families, bullying, schools

23.

Domestic Partnership and Same-Sex Relationships: A Marketplace Innovation and a Less than Perfect Institutional Choice

Temple Political & Civil Rights Law Review, Vol. 7, p. 337, 1998
Number of pages: 26 Posted: 30 Oct 2006 Last Revised: 03 Aug 2010
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 162 (232,729)

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domestic partnership benefits, domestic partnership, same-sex relationships, gay, lesbian, LGBT, comparative institutional analysis, institutional choice, workplace equity, civil union, marriage equality, same sex marriage, DOMA, Defense of Marriage Act, employee benefits, LGBT employee benefits

24.

LGBT Older Adults: Chosen Family and Caregiving

31 Journal of Law and Religion, 2016, Temple University Legal Studies Research Paper No. 2016-11
Number of pages: 30 Posted: 26 Jan 2016 Last Revised: 09 Jun 2021
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 160 (235,274)

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LGBT, LGBT elders, LGBT older adults, LGBT aging, gay, lesbian, transgender, caregiving, aging, eldercare, dependency ratio, chosen family, extended family, unbefriended, elder abuse, aging policy, caregiving policy, eldercare gap, cultural competency, LGBT estate planning, guardianship,

25.

The LGBT Equality Gap and Federalism

American University Law Review, Vol. 70, No. 1, 2020, Temple University Legal Studies Research Paper No. 2020-02
Number of pages: 73 Posted: 01 May 2020 Last Revised: 09 Jun 2021
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 150 (248,219)

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LGBT, marriage equality, federalism, Obergefell, Windsor, Defense of Marriage Act, comparative institutional analysis, religious exemptions, RFRA, Bostock v Clayton County, Title VII, Equality Act

26.

Lawrence V. Texas: When Profound and Deep Convictions Collide with Liberty Interests

Cardozo Women's Law Journal, Vol. 10, p. 325, 2004
Number of pages: 12 Posted: 30 Oct 2006 Last Revised: 03 Aug 2010
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 139 (263,776)

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lawrence v. texas, sodomy, liberty interetsts, equal protection, gay, lesbian, LGBT, due process, bowers v hardwick, romer v evans, texas homosexual sodomy law

27.

Learning Communities: A New Model for Legal Education

6 Elon L. Rev. (2015), Forthcoming, Temple University Legal Studies Research Paper No. 2015-12
Number of pages: 37 Posted: 09 Feb 2015 Last Revised: 16 Mar 2015
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 128 (280,853)

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legal education, learning community, experiential learning, learning theories, social constructivism, social constructivist, Carnegie Report, externships, field placements, curricular reform, law school reform, legal education reform, professionalism, soft skills, diversity, interdisciplinarity

28.

Critical Tax Policy: A Pathway to Reform?

Northwestern Journal of Law and Social Policy, Vol. 9, 2013, Forthcoming, Temple University Legal Studies Research Paper No. 2013-32
Number of pages: 59 Posted: 01 Aug 2013 Last Revised: 02 Nov 2014
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 121 (292,779)

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tax policy, critical tax theory, tax reform, tax expenditures, tax expenditure budget, Stanley Surrey, impact statement, impact assessment, taxpayer neutrality, diversity impact statement, DOMA, qualifying child, O’Donnabhain, racial privacy

29.

How Charitable Organizations Influence Federal Tax Policy: 'Rent-Seeking' Charities or Virtuous Politicians?

Wis. L. Rev., Vol. 1996, No. 5, 1996
Number of pages: 105 Posted: 07 Jul 2008 Last Revised: 25 Jul 2010
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 118 (298,077)

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nonprofit, tax exempt organizations, charitable organizations, tax policy, public choice, exempt organization, pubic interest theory of legislation, public interest theory, 501(c)(3), electioneering, legislation, lobbying, political activities, rent seeking, volunteerism, 1000 points of light

30.

LGBT Elders in a Post-Windsor World: The Promise and Limits of Marriage Equality

Texas Journal of Women and the Law, Vol. 24, No. 1, 2014, Temple University Legal Studies Research Paper No. 2015-06
Number of pages: 67 Posted: 30 Jan 2015 Last Revised: 09 Jun 2021
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 113 (307,423)

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LGBT, gay, lesbian, LGBT elders, LGBT aging, LGBT older adults, U.S. v. Windsor, same-sex marriage, marriage equality, civil union, domestic partnership, gay rights, transgender, transgender aging, estate planning, LGBT estate planning, DOMA, retirement, social security, Edie Windsor, LGBT, elder care, caregiving, chosen family

31.

The Politics of Eradication and the Future of LGBT Rights

Georgetown Journal of Gender and the Law, Vol. 21, No. 2, 2020, Temple University Legal Studies Research Paper No. 2019-26
Number of pages: 56 Posted: 22 Aug 2019 Last Revised: 09 Jun 2021
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 111 (311,252)

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LGBT, religious liberty, conversion therapy, gay, lesbian, transgender, sodomy

32.

Historical Contingency and the Limits of Identity: Implications for Law and Policy

28 Southern California Interdisciplinary Law Journal 387 (2019), Temple University Legal Studies Research Paper No. 2018-30
Number of pages: 42 Posted: 27 Sep 2018 Last Revised: 30 Nov 2020
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 97 (340,513)

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identity, identity politics, LGBT, intersectionality, gender identity, sexual orientation

33.

Simply so Different: The Uniquely Expressive Character of the Openly Gay Individual after Boy Scouts V. Dale

Kentucky Law Journal, Vol. 89, p. 997, 2001
Number of pages: 78 Posted: 31 Jan 2007 Last Revised: 08 Jul 2021
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 95 (345,062)

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expressive conduct, Boy Scouts, LGBT, gay, lesbian, freedom of expression, expressive speech, gay identity, First Amendment, culture war, traditional values, gay male stereotypes, closet, gay liberation, openly gay, avowed homosexual, sexual predator, gay role models, jame dale, dale v boy scouts

34.

The September 11 Relief Efforts and Surviving Same-Sex Partners: Reflections on Relationships in the Absence of Legal Recognition

Women's Rights Reporter, Vol. 26, p. 101, Winter 2005
Number of pages: 16 Posted: 10 Mar 2006 Last Revised: 03 Aug 2010
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 92 (352,161)

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same-sex marriage, domestic partnership, civil union, LGBT, survivor benefit, surviving partner, wrongful death, mass tort, September 11, 9/11, victim compensation fund, DOMA, gay, lesbian, homosexuality, culture war, traditional values, homophobia, DOMA, Defense of Marriage Act, Mark Bingham

35.

Reinventing Government: The Promise of Institutional Choice and Government Created Charitable Corporations

New York Law School Law Review, Vol. 41, 1997
Number of pages: 56 Posted: 07 Jul 2008 Last Revised: 25 Jul 2010
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 79 (386,253)
Citation 1

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institutional choice, nonprofit sector, privatization, tax exempt, comparative institutional analysis, New American Schools Development Corporation, public private partnerships, reinventing government, philanthropy, 1000 points of light, exempt organization, charitable sector, institutional analysis

36.

Identity/Time

2 Laws, Special Issue: Legally Constructed Gendered Identities 362 (2013), Temple University Legal Studies Research Paper No. 2013-39
Number of pages: 15 Posted: 25 Sep 2013 Last Revised: 25 Nov 2013
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 72 (406,895)

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LGBT, intersectionality, gay, lesbian, identity, temporal locality, social movements, time, historical contingency, Stonewall, marriage equality, Gay Liberation, identity politics

37.

The September 11 Attacks and Surviving Same-Sex Partners: Defining Family Through Tragedy

Temple Law Review, Vol. 75, No. 1, p. 31, 2002
Number of pages: 69 Posted: 09 Feb 2007 Last Revised: 19 Nov 2013
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 70 (413,078)

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LGBT, same-sex marriage, marriage equality, mass tort, September 11, 9/11, September 11 victims, crime victim, culture war, traditional values, gay, lesbian, same-sex relationships, probate, victim compensation fund, civil union, domestic partnership, Flight 93, twin towers, homosexual relationships

38.

The Federal Response to the COVID-19 Pandemic - A Failure of Political Will

Temple University Legal Studies Research Paper No. 2021-18
Number of pages: 56 Posted: 16 Mar 2021 Last Revised: 14 Jul 2021
Nancy J. Knauer
Temple University - James E. Beasley School of Law
Downloads 56 (461,978)

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pandemic, COVID-19, coronavirus, disaster planning, preparedness and response, federalism, public health

39.

LGBT Individuals Living with Dementia: Rights and Capacity Issues in the United States

Westwood, S. and Price, E. (Eds.) (2016) Lesbian, Gay, Bisexual and Trans* Individuals Living with Dementia: Concepts, practice and rights. London: Routledge , Temple University Legal Studies Research Paper No. 2017-24
Posted: 09 Aug 2017 Last Revised: 09 Oct 2017
Nancy J. Knauer
Temple University - James E. Beasley School of Law

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LGBT, dementia, caregiving, Alzheimer's disease, Older American's Act, aging, sexual orientation, gender identity

40.

Navigating a Post-Windsor World: The Promise and Limits of Marriage Equality

Posted: 11 Jun 2014 Last Revised: 08 Feb 2015
Nancy J. Knauer
Temple University - James E. Beasley School of Law

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same-sex marriage, marriage equality, LGBT, civil union, domestic partnership, U.S. v. Windsor, elder law, LGBT elders, DOMA, LGBT aging, same-sex couples, marriage penalty, social security, retirement planning