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Full-Text Articles in Law

Disgust And The Problematic Politics Of Similarity, Courtney Megan Cahill Apr 2011

Disgust And The Problematic Politics Of Similarity, Courtney Megan Cahill

Michigan Law Review

Martha Nussbaum's latest book, From Disgust to Humanity: Sexual Orientation & Constitutional Law, could not have come at a more opportune time in the history of gay rights in the United States. All signs point to progress toward "humanity," from same-sex couples' successful bids for marriage equality in a handful of states to the public's increasing acceptance of the prospect of gays and lesbians serving openly in the military. Even if recent cognitive science research indicates that same-sex relationships provoke more than a little disgust in some people, landmark marriage-equality victories in a few states suggest that the law is …


The Genuine Article: A Subversive Economic Perspective On The Law's Procreationist Vision Of Marriage , Courtney M. Cahill Aug 2006

The Genuine Article: A Subversive Economic Perspective On The Law's Procreationist Vision Of Marriage , Courtney M. Cahill

ExpressO

This Article provides a new perspective on the image of marriage that has emerged from the same-sex marriage debate. However flawed, the procreation rationale has enjoyed overwhelming success in recent same-sex marriage litigation. However absurd, the idea that same-sex marriage is a species of counterfeit has become so commonplace in the rhetoric surrounding same-sex marriage that it nearly escapes our notice. This Article argues that while neither the procreation rationale nor contemporary counterfeiting rhetoric makes much sense when considered in isolation, both make a great deal of sense when considered in concert. To that end, this Article looks at the …


Same-Sex Marriage, Slippery Slope Rhetoric, And The Politics Of Disgust: A Critical Perspective On Contemporary Family Discourse And The Incest Taboo, Courtney Megan Cahill Jan 2005

Same-Sex Marriage, Slippery Slope Rhetoric, And The Politics Of Disgust: A Critical Perspective On Contemporary Family Discourse And The Incest Taboo, Courtney Megan Cahill

Scholarly Publications

No abstract provided.


The Grammar Of Incest: Boundary Violation, Disgust, And The Slippery Slope Trope, Courtney M. Cahill Sep 2004

The Grammar Of Incest: Boundary Violation, Disgust, And The Slippery Slope Trope, Courtney M. Cahill

ExpressO

This Article examines the role that the incest taboo has played in shaping a normative vision of the family in the law, and argues that the law must reappraise the extent to which disgust, rather than reasoned argument, sustains laws governing sexual and familial choice. It takes issue with the claim that discussion of the taboo has led to its erosion, and contends that it has remained a powerful symbol of non-normative sexuality that is used as the extreme case against which kinship relations are measured. In order to explain why the taboo has persisted over time as a point …