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Full-Text Articles in Law
Gender Matters: Making The Case For Trans Inclusion, Nancy K. Knauer
Gender Matters: Making The Case For Trans Inclusion, Nancy K. Knauer
The University of New Hampshire Law Review
[Excerpt] “The transgender communities are producing an important and nuanced critique of our gender system. For community members, the project is self-constitutive and, therefore, has an immediacy that also marks the efforts of other marginalized groups who have attempted to make sense of the world through description, interrogation, and ultimately a program for transformation. The transgender project also has universalizing elements because, existing within the gender system, each one of us embodies a particular gender articulation. It is through this articulation that we define ourselves in relation to the gender we were assigned at birth, the gender we choose, the …
Protecting Parent-Child Relationships: Determining Parental Rights Of Same-Sex Parents Consistently Despite Varying Recognition Of Their Relationship, Linda S. Anderson
Protecting Parent-Child Relationships: Determining Parental Rights Of Same-Sex Parents Consistently Despite Varying Recognition Of Their Relationship, Linda S. Anderson
The University of New Hampshire Law Review
[Excerpt] “The family and parental relationship appears secure as long as the members of the family stay within the borders of the states that recognize their relationship. What happens, though, when the family ventures beyond the borders of Vermont, Massachusetts, California, and Connecticut, has yet to be determined. Legislation in almost every other state has addressed whether each state will recognize the couples’ relationship,27 but no state has determined how it will treat the legal relationship between the children of these couples and their parents.28 This article will focus on the fragile legal relationship between same-sex parents and their children …
Conflicts Between The Massachusetts Supreme Judicial Court And The Legislature: Campaign Finance Reform And Same-Sex Marriage, Mark C. Miller
Conflicts Between The Massachusetts Supreme Judicial Court And The Legislature: Campaign Finance Reform And Same-Sex Marriage, Mark C. Miller
The University of New Hampshire Law Review
[Excerpt] "This article will examine recent interactions and dialogues between the Supreme Judicial Court of Massachusetts (“SJC” or “Supreme Judicial Court”) and the Massachusetts State Legislature. The interactions between courts and legislatures are often cordial, but sometimes these interactions are also highly conflictual. During the 1980s and 1990s, the relationship between the Massachusetts legislature and the Supreme Court was indeed mainly cooperative. Recently, however, in several high profile cases the Supreme Court has been willing to challenge directly the decisions of the legislature and vice versa. Among other controversies, the Court’s 2002 decision requiring that the state legislature fund the …