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Full-Text Articles in Law
Rethinking Consent In A Big Love Way, Cheryl Hanna
Rethinking Consent In A Big Love Way, Cheryl Hanna
Michigan Journal of Gender & Law
This Article is based on a presentation at the Michigan Journal of Gender and Law as part of their symposium "Rhetoric & Relevance: An Investigation into the Present & Future of Feminist Legal Theory." In it, I explore the problem of categorical exclusions to the consent doctrine in private intimate relationships through the lens of the HBO series Big Love, which is about modern polygamy. There remains the normative question both after Lawrence v. Texas and in feminist legal theory of under what circumstances individuals should be able to consent to activity that takes place within the context of a …
Converging Queer And Feminist Legal Theories: Family Feuds And Family Ties, Elaine Craig
Converging Queer And Feminist Legal Theories: Family Feuds And Family Ties, Elaine Craig
Articles, Book Chapters, & Popular Press
The notion that queer theory and feminism are inevitably in tension with one another has been well developed both by queer and feminist theorists. Queer theorists have critiqued feminist theories for being anti-sex, overly moralistic, essentialist, and statist. Feminist theorists have rejected queer theory as being un-critically pro-sex and dangerously protective of the private sphere. Unfortunately these reductionist accounts of what constitutes a plethora of diverse, eclectic and overlapping theoretical approaches to issues of sex, gender, and sexuality, often fail to account for the circumstances where these methodological approaches converge on legal projects aimed at advancing the complex justice interests …