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Book
ix, 203 p. ; 22 cm.
  • Oscar Wilde - law, memory and the proper name, Leslie J. Moran-- institutionalizing heterosexuality - the legal exclusion of "impossible" (trans)sexualities, Andrew N. Sharpe-- "Gemeinschaftsfremden" - or how to be shafted by your friends - sterilization requirements and legal status recognition for the transexual, Stephen Whittle-- the lesbian mother - questions of gender and sexual identity, Sarah Beresford-- the possibility of a registered partnership under German law, Judith Rauhofer-- law, childhood innocence and sexuality, Craig Lind-- beyond Section 28 - law, governance and sex education, Daniel Monk-- what's in a name - naming legal needs in AIDS service organizations, Petra Wilson-- the Netherlands - frontrunners in anti-discrimination laws, Martin Moerings-- gay and lesbian sexualities in South Africa - from outlawed to constitutionally protected, Ronald Louw-- piecemeal to equality - Scottish gay law reform past, present and future, Brian Dempsey-- intimate queer celluloid - heavenly creatures and criminal law, Elena Loizidou-- queering theory - an essay on the conceit of revolution in law, Larry Cata Backer.
  • (source: Nielsen Book Data)9780304338641 20160527
Taking law reform beyond the traditional confines of decriminalization, this text explores issues in sexuality, gender and the law, using examples from continental Europe to the southern hemisphere. It aims to open new perspectives on the way lesbians, gays and transexuals are represented in society. The book features contributions from legal scholars and practitioners who explore the complexity of the interface between perversity and legal regulation. It addresses many taboo matters such as sexuality and childhood, bringing together the experiences of sexual minorities in other countries. It also draws attention to the potential for change and to problems of legal reform in this area.
(source: Nielsen Book Data)9780304338641 20160527
Law Library (Crown)
Book
xxviii, 220 pages ; 26 cm.
  • 1. Introduction I. Setting the Landscape II. The Aims of this Book III. The Comparative Method IV. Some Remarks on Courts' Use of Foreign Precedents V. Outline of the Book 2. The Private Dimension of Homosexuality: Courts and Decriminalisation of Sexual Acts I. Dudgeon v UK as a Global Landmark Case II. Dudgeon and the Recognition of Homosexuality as `An Essentially Private Manifestation of Human Personality' III. The Notion of Privacy in Dudgeon and the Perpetuation of the `Sexual Closet' IV. Lawrence v Texas and the Liberty of all Individuals in their Personal Relationships V. The `Multi-Faceted' Notion of Privacy in Lawrence VI. The Legacy of Dudgeon in Lawrence VII. The Supreme Court of South Africa's Case in National Coalition and the Influence of Dudgeon VIII. The Right to Privacy in National Coalition: A Common Thread IX. The `Boomerang Pattern Influence' of Dudgeon at International Level 3. Out of the Closet: Courts and the Same-Sex Couple as `Family' I. Different Models of Regulation of Family, the Public-Private Dichotomy and the Purpose of this Chapter II. The Supreme Court of Canada and the Inadequacy of `Unexamined Consensus' in the Definition of `Family' III. `Private Life' v `Family Life' in the European Court of Human Rights' Early Cases IV. Schalk and Kopf v Austria and Recognition of the Same-Sex Couple as `Family' V. From the `Perception of the Ordinary Man' to a Functional Definition of `Family': The Fitzpatrick Case VI. Same-Sex Couples as `Spouses' in Ghaidan v Godin-Mendoza............ 71 VII. Some Final Remarks and a First Conclusion VIII. A Digression on a Narrow Interpretation of `Family' 4. Same-Sex Marriage: Judicial Revolution or Constitutional Inevitability? I. Courts and Constitutional Change II. Arguments in Same-Sex Marriage Cases: Tradition v Constitutional Change III. Arguments in Same-Sex Marriage Cases: Equality, Liberty and Human Dignity 5. Addressing the Reality of Family Life: Parental Rights I. The Debate over Parental Rights and the Principle of the Best Interests of the Child II. The Constitutional Courts and the `Procreative Nature' of Marriage III. The Optimal Parenting Argument and the Child's Right to a `Normal' Family Life.
  • (source: Nielsen Book Data)9781782256434 20170626
In the last fifteen years constitutional issues regarding the rights of gays, lesbians and same-sex couples have emerged on a global scale. The pace of recognition of their fundamental rights, both at judicial and legislative level, has dramatically increased across different jurisdictions, reflecting a growing consensus toward sexual orientation equality. This book considers a wide-range of decisions by constitutional and international courts, from the decriminalization of sexual acts to the recognition of same-sex marriage and parental rights for same-sex couples. It discusses analogies and differences in judicial arguments and rationales in such cases, focusing in particular on human dignity, privacy, liberty, equality and non-discrimination. It argues that courts operate as major exporters of models and principles and that judicial cross-fertilization also helps courts in increasing the acceptability of gays' and lesbians' rights in public opinions and politics. Courts discuss changes in the social perception of marriage and family at national and international levels and at the same time confirm and reinforce them, forging the legal debate over sexual orientation equality. Furthermore, by promoting the political reception of the achievements of foreign gay movements in their own jurisdictions, courts play an essential role in breaking the political stalemate.
(source: Nielsen Book Data)9781782256434 20170626
Green Library
Book
206 p. ; 24 cm.
  • 1. Introduction: Law, Sexuality and Everyday Life 2. Legal Consciousness in Lesbian and Gay Lives 3. Reconsidering Resistance 4. From 'Outlaws' to 'In-Laws'? 5. Stories of Law 6. Recognising Regulation 7. Imagining a Different World 8. Afterword.
  • (source: Nielsen Book Data)9780415574389 20160605
Winner of the 2011 SLSA-Hart Socio-Legal Book Prize Regulating Sexuality: Legal Consciousness in Lesbian and Gay Lives explores the impact that recent seismic shifts in the legal landscape have had for lesbians and gay men. The last decade has been a time of extensive change in the legal regulation of lesbian and gay lives in Britain, Canada and the US. Almost every area that the law impacts on sexuality has been reformed or modified. These legal developments combine to create a new, uncharted terrain for lesbians and gay men. And, through an analysis of their attitudes, views and experiences, this book explores the effects of these developments. Drawing on-as well as developing-the concept of 'legal consciousness', Regulating Sexuality focuses on four different 'texts': qualitative responses to a large-scale online survey of lesbians' and gay men's views about the legal recognition of same sex relationships; published auto/biographical narratives about being and becoming a lesbian or gay parent; semi-structured, in-depth, interviews with lesbians and gay men about relationship recognition, parenting, discrimination and equality; and fictional utopian texts. In this study of the interaction between law and society in social justice movements, Rosie Harding interweaves insights from the new legal pluralism with legal consciousness studies to present a rich and nuanced exploration of the contemporary regulation of sexuality.
(source: Nielsen Book Data)9780415574389 20160605
Green Library
Book
206 p. ; 24 cm.
  • 1. Introduction: Law, Sexuality and Everyday Life 2. Legal Consciousness in Lesbian and Gay Lives 3. Reconsidering Resistance 4. From 'Outlaws' to 'In-Laws'? 5. Stories of Law 6. Recognising Regulation 7. Imagining a Different World 8. Afterword.
  • (source: Nielsen Book Data)9780415574389 20160605
Winner of the 2011 SLSA-Hart Socio-Legal Book Prize Regulating Sexuality: Legal Consciousness in Lesbian and Gay Lives explores the impact that recent seismic shifts in the legal landscape have had for lesbians and gay men. The last decade has been a time of extensive change in the legal regulation of lesbian and gay lives in Britain, Canada and the US. Almost every area that the law impacts on sexuality has been reformed or modified. These legal developments combine to create a new, uncharted terrain for lesbians and gay men. And, through an analysis of their attitudes, views and experiences, this book explores the effects of these developments. Drawing on-as well as developing-the concept of 'legal consciousness', Regulating Sexuality focuses on four different 'texts': qualitative responses to a large-scale online survey of lesbians' and gay men's views about the legal recognition of same sex relationships; published auto/biographical narratives about being and becoming a lesbian or gay parent; semi-structured, in-depth, interviews with lesbians and gay men about relationship recognition, parenting, discrimination and equality; and fictional utopian texts. In this study of the interaction between law and society in social justice movements, Rosie Harding interweaves insights from the new legal pluralism with legal consciousness studies to present a rich and nuanced exploration of the contemporary regulation of sexuality.
(source: Nielsen Book Data)9780415574389 20160605
Law Library (Crown)
Book
298 p. : ill. ; 23 cm.
  • The puzzle of gay rights litigation
  • LOS and the emergence of gay rights litigation
  • An overview of Lambda and its litigation
  • Sodomy reform from Stonewall to Bowers
  • Sodomy reform from Bowers to Lawrence
  • The law and politics of antigay initiatives
  • The case of same-sex marriage
  • LOS and legal change.
Book
238 p. ; 23 cm.
SAL3 (off-campus storage)
Book
x, 210 p. ; 24 cm.
The gay rights question is whether the second-class legal status of gay people should be changed. In this book Andrew Koppelman shows the powerful legal and moral case for gay equality, but argues that courts cannot and should not impose it. The Gay Rights Question in Contemporary American Law offers an unusually nuanced analysis of the most pressing gay rights issues. Does antigay discrimination violate the Constitution? Is there any sound moral objection to homosexual conduct? Are such objections the moral and constitutional equivalent of racism? Must state laws recognizing same-sex unions be given effect in other states? Should courts take account of popular resistance to gay equality? Koppelman sheds new light on all these questions. Sure to upset purists on either side of the debate, Koppelman's book criticizes the legal arguments advanced both for and against gay rights. Just as important, it places these arguments in broader moral and social contexts, offering original, pragmatic, and workable legal solutions.
(source: Nielsen Book Data)9780226451015 20160528
Law Library (Crown)
Book
xv, 349 p. ; 24 cm.
  • 1. Introduction-- The context of the study-- The cases-- Case outcome variation by court system and subject matter-- Geographic variation-- Temporal variation-- 2: Case narratives-- Child custody, visitation, adoption, and foster care (CVAF)-- Lesbian and gay family issues not involving CVAF-- Cases adjudicating sexual orientation discrimination claims not related to lesbian and gay family issues-- Gays in the military-- Cases adjudicating the constitutionality of consensual sodomy and related-- Solicitation statutes and their Enforcement against gay people-- Cases adjudicating the free speech and free association rights of gay people-- Miscellaneous cases essential to lesbian and gay rights-- Same-sex sexual harassment-- Defamation involving homosexuality-- Miscellaneous cases not essential to lesbian and gay rights-- Conclusion-- 3: The lesbian and gay rights claims models-- The statistical analysis-- Findings-- Applying the models-- Answers to questions posed in chapter 2-- Model performance-- Conclusion-- 4: Judicial federalism and the 'myth of parity'-- Judicial federalism variables-- Findings-- Conclusion-- 5: A test of stare decisis-- The legal literature-- The political science literature-- Lesbian and gay rights claims and precedent-- Test one-- Test two-- Caveats-- Conclusion-- 6: Conclusion-- Location, location, location-- The promise of the states-- The value of diversity on the bench-- Time is on our side, Yes it is!-- The vital role of interest groups-- The power of precedent-- Democrats, republicans, and gay rights-- The forces motivating judicial decision making-- The quantitative study of rights and of law-- Epilogue.
  • (source: Nielsen Book Data)9780521812740 20160528
Gay Rights and American Law investigates how American appellate courts dealt with the struggle for lesbian and gay civil rights during the last two decades of the twentieth century. The study is grounded on an exhaustive database of both federal and state cases, rendered between 1981 and 2000, and of the personal attributes of the judges who decided them, as well as the ideological, institutional, and legal environments in which the decisions were situated. The work both explains how diverse factors influenced the adjudication of civil rights claims during a vital era of the homosexual civil rights movement and formulates promising methodologies for the meaningful quantitative empirical study of law.
(source: Nielsen Book Data)9780521812740 20160528
Law Library (Crown)
Book
x, 162 p. ; 24 cm.
  • Introduction 1. The Sexual Citizen 2. Queering the Third Way: Sexuality and Citizenship in 'New Britain' 3. Civil Solidarity or Fragmented Identities: Sexuality and Citizenship in France 4. Grant-ing Rights: The Politics of Rights, Sexuality and Citizenship Before the European Court of Justice 5. Transnational Citizens: Mobility and Sexuality 6. 'We Want to Join Europe, not Sodom': Sexuality and European Union Accession in Romania Conclusions.
  • (source: Nielsen Book Data)9781841132679 20160528
Governing Sexuality explores issues of sexual citizenship and law reform in the United Kingdom and Continental Europe today. Across western and eastern Europe, lesbians and gay men are increasingly making claims for equal status, grounded in the language of rights and citizenship, and using the language of international human rights and European law. This book uses same sex sexualities as a prism through which to explore broader questions of legal and political theory concerning democratic legitimacy; rights discourse; national sovereignty and identity; citizenship; transnationalism; and globalisation. Case studies are widely drawn: from New Labour's sexual politics in the UK to the decriminalisation of same-sex sexualities under pressure from the EU in Romania; to new civil solidarity laws in France.
(source: Nielsen Book Data)9781841132679 20160528
Law Library (Crown)
Book
xix, 221 pages ; 25 cm
  • Introduction
  • Interpretative methods and judicial power
  • The jurisprudence of discrimination against LGBTI persons : global issues and concerns
  • Addressing judicial activism and judicial restraint
  • Analyzing the Supreme Court's verdict on Section 377 of the Indian Penal Code
  • Law beyond the law
  • Global discrimination against gay families
  • Suggestions and concluding remarks
  • Summay and main thesis.
The book analyses the Indian Supreme Court's jurisprudence on homosexuality, its current approach and how its position has evolved in the past ten years. It critically analyses the Court's landmark judgments and its perception of equality, family, marriage and human rights from an international perspective. With the help of European Court of Human Rights' judgments and international conventions, it compares the legal and social discrimination meted out to the Indian LGBTI community with that in the international arena. From a social anthropological perspective, it demonstrates how gay masculinity, although marginalized, serves as a challenge to patriarchy and hegemonic masculinity. This unique book addresses the lack of in-depth literature on gay masculinity, elaborately narrating and analysing contemporary gay masculinity and emerging gay lifestyles in India and highlighting the latest research on the subject of homosexuality in general and in particular with respect to India. It also discusses several new issues concerning the gay men in India supported by the living law approach put forth by Eugen Ehrlich.
(source: Nielsen Book Data)9783319554341 20170807
Law Library (Crown)
Book
341 pages ; 21 cm.
  • Sexuelle Orientierung als Thema auf der internationalen Agenda
  • Schutz sexueller Orientierung durch Menschenrechte
  • Internationales Flüchtlingsrecht, Art. 1 A Abs. 2 GFK und sexuelle Orientierung
  • Sexuelle Orientierung im Völkerstrafrecht
  • Europarat und sexuelle Orientierung
  • Sexuelle Orientierung im EU-Recht
  • Sexuelle Orientierung im Dienstrecht internationaler Organisationen
  • Prinzipien und Entwicklungen.
Law Library (Crown)
Book
142 p. : ill. ; 21 cm.
Green Library
Book
97 p. ; 30 cm.
SAL3 (off-campus storage)
Book
ix, 283 p. ; 24 cm.
Law Library (Crown)
Book
xxi, 600 p. : ill. ; 26 cm.
Law Library (Crown)
Book
xxi, 600 p. ; 27 cm.
Green Library
Book
68 p. ; 28 cm.
Law Library (Crown)
Book
vii, pages 403-558 ; 26 cm
  • Article: Sovereignty in the balance : taxation by tribal governments / Anna-Marie Tabor
  • Reeframing the debate: Symposium articles. The logic and experience of law : Lawrence v. Texas and the politics of privacy / Danaya C. Wright
  • Is "Don't ask, don't tell" unconstitutional after Lawrence? : what it will take to overturn the policy / Diane H. Mazur
  • Adoptive families headed by gay or lesbian parents : a threat ... or hidden resource? / Scott D. Ryan & Scottye Cash
  • Homosexuality and the European Court of Human Rights : recent judgments against the United Kingdom and their impact on other signatories to the European Convention on Human Rights / Sameera Dalvi.
Law Library (Crown)
Book
80 pages : colored illustrations ; 30 cm
SAL3 (off-campus storage)
Book
xii, 226 p. ; 24 cm.
In 2004, the first same-sex couple legally married in Quebec. How did homosexuality - an act that had for centuries been defined as abominable and criminal - come to be sanctioned by the rule of law? Judging Homosexuals finds answers to this question not in recent developments but in a comparative analysis of homosexuality in France and Quebec, places that share a common culture but have diverging legal traditions. To explain why attitudes shifted from acceptance, if not valorization, in ancient Greece to vilification under Judeo-Christian authorities and then back to acceptance today, Patrice Corriveau examines how various groups and actors - family and clergy, doctors and jurists - have tried to manage people who were defined in turn as sinners, as criminals, as inverts, and as citizens to be protected by law. By bringing to the forefront the various discourses that have supported the control and persecution of individual homoerotic behaviour in France and Quebec, this book makes the case that when it came to managing sexuality, the law helped construct the crime.
(source: Nielsen Book Data)9780774817219 20160602
Green Library

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