Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
A Marriage Is A Marriage Is A Marriage: The Limits Of Perry V. Brown, Robin West
A Marriage Is A Marriage Is A Marriage: The Limits Of Perry V. Brown, Robin West
Georgetown Law Faculty Publications and Other Works
The Ninth Circuit’s decision in Perry v. Brown, authored by Judge Reinhardt, has been widely lauded by marriage equality proponents for its creative minimalism. In keeping with commentators’ expectations, the court found a way to determine that California’s Proposition 8 violated the U.S. Constitution’s Equal Protection Clause, namely that the provision took away an entitlement that had previously been enjoyed by same-sex couples—the right to the appellation of one’s partnership as a “marriage”—for no rational reason. The people of California’s categorization and differential treatment of same-sex couples as compared with opposite-sex couples, the court held, failed the test of …
Love As Legal Methodology: Comments On Love In A Time Of Envy, Naomi Mezey
Love As Legal Methodology: Comments On Love In A Time Of Envy, Naomi Mezey
Georgetown Law Faculty Publications and Other Works
In academic papers about emotion, it is not uncommon to find a kind of disconnect between the detachment of theoretical and scholarly language and the subject of the paper--the emotions. One of the lovely, and challenging, aspects of Jonathan Goldberg-Hiller's article is that it not only conveys the emotions that are its subject, but it brims with its own emotion; it reads like a text written out of shattered love. Goldberg-Hiller takes up Jean-Luc Nancy's contention that "love is shattered by its very essence. It fragments the self at the same time as it refracts into many forms." Goldberg-Hiller understands …