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Full-Text Articles in Law

Transgender Jurisprudence: Dysphoric Bodies Of Law, Jennifer L. Levi Jan 2003

Transgender Jurisprudence: Dysphoric Bodies Of Law, Jennifer L. Levi

Faculty Scholarship

This is a book review of Andrew Sharpe's "Transgender Jurisprudence: Dysphoric Bodies of Law." The Author discusses the contribution Sharpe makes to the transgender rights movement as invaluable for two reasons. First, it provides the first in-depth and full-length comprehensive treatment of the topic of transgender jurisprudence, and emerges as the foundational work by which others will be measured. Second, it exposes the homophobia underlying many of the key decisions, particularly in the area of marriage and family law, and provides an important link between the lesbian, gay, bisexual, and transgender movements which should not be ignored by activists from …


Defining Capacity: The Competing Interests Of Autonomy And Need, Nancy J. Knauer Jan 2003

Defining Capacity: The Competing Interests Of Autonomy And Need, Nancy J. Knauer

Nancy J. Knauer

This Essay addresses the question of capacity - the basic threshold determination that pervades all areas of the law. An individual must have the requisite level of capacity to consent to sex, refuse medical treatment, enter into a contract, marry, divorce, relinquish parental rights, execute a will, make a gift, donate organs, vote, serve on a jury, stand trial, and even to hire a lawyer. The standards regulating determinations of capacity are not monolithic. An individual may lack the capacity to contract, but may have the requisite capacity to write a will or to refuse life-sustaining medical treatment. As individuals, …


Science, Identity, And The Construction Of The Gay Political Narrative, Nancy J. Knauer Jan 2003

Science, Identity, And The Construction Of The Gay Political Narrative, Nancy J. Knauer

Nancy J. Knauer

This Article contends that the current debate over gay civil rights is, at base, a dispute over the nature of same-sex desire. Pro-gay forces advocate an ethnic or identity model of homosexuality based on the conviction that sexual orientation is an immutable, unchosen, and benign characteristic. The assertion that, in essence, gays are "born that way," has produced a gay political narrative that rests on claims of shared identity (i.e., homosexuals are a blameless minority) and arguments of equivalence (i.e., as a blameless minority, homosexuals deserve equal treatment and protection against discrimination). The pro-family counter-narrative is based on a behavioral …


Queers Anonymous: Lesbians, Gay Men, Free Speech, And Cyberspace, Edward Stein Jan 2003

Queers Anonymous: Lesbians, Gay Men, Free Speech, And Cyberspace, Edward Stein

Articles

No abstract provided.


"A Mirror For Men?" Idealised Depictions Of White Men And Gay Men In Japanese Women's Media, Mark Mclelland Jan 2003

"A Mirror For Men?" Idealised Depictions Of White Men And Gay Men In Japanese Women's Media, Mark Mclelland

Faculty of Law, Humanities and the Arts - Papers (Archive)

This paper argues that Japanese women's media which portray images of foreign (nearly always white) men and Japanese gay men as objects of desire and fascination for Japanese women function as rhetorical mirrors whose real intent is to reflect back the supposed deficiencies of 'traditional' Japanese men. The paper concludes that women's media are being used as a vehicle for anti-male rhetoric, a channel for an indirect discourse of complaint whose main purpose is to critique the perceived shortcomings of ordinary Japanese men.