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Full-Text Articles in Law
Franco's Spain, Queer Nation?, Gema Pérez-Sánchez
Franco's Spain, Queer Nation?, Gema Pérez-Sánchez
University of Michigan Journal of Law Reform
This Article discusses how, through its juridical apparatus, the Spanish dictatorship of Francisco Franco sought to define and to contain homosexuality, followed by examples of how underground queer activism contested homophobic laws. The Article concludes by analyzing a literary work to illustrate the social impact of Francoism's homophobic law against homosexuality.
Hegemony, Coercion, And Their Teeth-Gritting Harmony: A Commentary On Power, Culture, And Sexuality In Franco's Spain, Ratna Kapur, Tayyab Mahmud
Hegemony, Coercion, And Their Teeth-Gritting Harmony: A Commentary On Power, Culture, And Sexuality In Franco's Spain, Ratna Kapur, Tayyab Mahmud
University of Michigan Journal of Law Reform
Professor Gema Pérez-Sánchez's article, Franco's Spain, Queer Nation? focuses on the last years of Francisco Franco's fascist dictatorship and the early years of the young Spanish democracy, roughly from the late 1960's to the early 1980's. The centerpiece of her article looks at how, through law, Franco's regime sought to define and contain what it considered dangerous social behavior, particularly homosexuality. She traces how the state not only exercised hegemonic control over definitions of gender and sexuality, but also established well-defined roles for women and drew clear lines between what constituted legitimate and illegitimate sexualities, namely, the line between heterosexuality …
Querying A Queer Spain Under Franco, Peter Kwan
Querying A Queer Spain Under Franco, Peter Kwan
University of Michigan Journal of Law Reform
There should be more articles in the legal journals such as Professor Gema Pérez-Sánchez's. In Franco's Spain, Queer Nation?, Professor Pérez-Sánchez has done a great service to legal scholarship in four respects. Firstly, she has written an appropriately far-ranging piece. In a discipline that has as one of its central missions the broadening of critical legal discourse, LatCrit can sometimes appear to suffer from symptoms of parochialism in its understandable emphasis on the Latina/o experience within American borders, or on the experience of its Latina/o immigrants once they have reached these shores. To be sure, this is not a problem …
"Trapped" In Sing Sing: Transgendered Prisoners Caught In The Gender Binarism, Darren Rosenblum
"Trapped" In Sing Sing: Transgendered Prisoners Caught In The Gender Binarism, Darren Rosenblum
Michigan Journal of Gender & Law
This Article first summarizes gender, transgendered identity, and legal issues facing transgendered people to contextualize the lives of transgendered prisoners. Parts II and III explore respectively the placement and treatment issues that complicate the incarceration of the transgendered. Corrections authorities, through indifference or incompetence, foster a shockingly inhumane daily existence for transgendered prisoners. In Part V, I examine the plight of transgendered prisoners through the metaphor of the miners' canary. Transgendered prisoners signal the grave dangers facing all of us in a wide array of social structures, elucidating the apparently intractable problems of gender. This Article simultaneously explores a human …
Law And The Sexual Subaltern: A Comparative Perspective , Ratna Kapur
Law And The Sexual Subaltern: A Comparative Perspective , Ratna Kapur
Cleveland State Law Review
I am entering this conversation as a comparativist who wants to complicate the received wisdom about India in the West in regard to matters of sex, desire and the law. I want to address three issues:* First, how sex generally and alternative sexuality more specifically, are emerging as zones of contest in the legal arena and are simultaneously cast as cultural controversies in post-colonial India.* Second, I address how sexual subalterns, that is, gays, lesbians and sexworkers, are challenging dominant sexual and cultural norms.* And finally, I examine why a project of pleasure and desire is an important political goal …
Canadian Same Sex Relationship Recognition Struggles And The Contradictory Nature Of Legal Victories, Brenda Cossman
Canadian Same Sex Relationship Recognition Struggles And The Contradictory Nature Of Legal Victories, Brenda Cossman
Cleveland State Law Review
I want to pick up on one of the themes running through virtually all of the papers in this symposium-the contradictory nature of law. Legal victories-and defeats-are always fragile, partial and contradictory. The perspective I bring to this theme is a Canadian one, where in the context of gay and lesbian struggles, legal victories now outweigh legal defeats. I will tell a story of these legal victories, which resulted in a much celebrated case in 1999 known as M v. H., in which the Supreme Court of Canada recognized the equality rights of same sex couples, and struck down a …