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11 Dukeminier Awards: Best Sexual Orientation and Gender Identity Law Review [i] (2011-2012)

handle is hein.journals/dukemini11 and id is 1 raw text is: 




Introduction


Each year, hundreds of scholars, lawyers, judges, and law students publish articles on law
and policy relating to sexual orientation and gender identity. The Dukeminier Awards,
produced by UCLA School of Law students and the Williams Institute, recognizes and
distributes the best of these articles.

We publish The Dukeminier Awards in order to disseminate superb scholarship on
sexuality to the public and to lawyers, judges, legislators and policymakers; to recognize
and support scholars, law students, and lawyers who write in the field; and to encourage
critical thought on cutting-edge topics in legal, political, and academic debate.

Closer to home, The Dukeminier Awards journal offers a unique educational experience
to UCLA students. Among the School of Law's many courses that address sexual
orientation and gender identity, an annual seminar focuses on recent legal scholarship.
Panels of UCLA students review relevant articles from the prior calendar year and choose
several dozen for closer examination by their peers in the seminar, whose final
deliberations include scholars housed in Williams Institute and members of the Institute's
Faculty Advisory Committee. Certain key qualities-clarity, novelty, persuasiveness, and
timeliness-are emphasized throughout the selection process.

2011 saw an abundance of excellent new writing on sexual orientation and gender
identity law and policy. From this impressive field, three articles were selected to receive
a Dukeminier Award:

       Sharon Dolovich, Strategic Segregation in the Modern Prison, 48 AM. CRIM. L.
       REv. 1 (2011).

Gay and transgender people are disproportionately vulnerable to sexual assault behind
bars. Rather than ignoring the problem or confining members of these groups to solitary
confinement while in custody, the L.A. County Jail segregates them into a special
housing unit called K6G. Professor Dolovich's article, originally published in the
American Criminal Law Review, carefully describes how detainees are identified for
inclusion in K6G and responds to some constitutional and moral objections to strategic
segregation based on sexual orientation and gender identity. It also documents K6G's
success in protecting residents from sexual assault and from the gang politics that
pervade life in the Jail's General Population. Drawing on extensive interviews with K6G
residents and with the officers in charge of the unit, Professor Dolovich concludes that
K6G offers a plausible model, if not the only one, for protecting gay and transgender
detainees from sexual assault. (In May 2012, the U.S. Department of Justice drew on
language proposed by Professor Dolovich to prohibit segregation of LGBTI prisoners in
jails and prisons unless, as in Los Angeles County, segregation is undertaken in
connection with a consent decree, legal settlement, or legal judgment for the purpose of
protecting such inmates.) Strategic Segregation in the Moder Prison is the first article
to emerge from Professor Dolovich's study of K6G. The second, forthcoming in the
Journal of Criminal Law and Criminology, puts to one side the normative question of

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