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Full-Text Articles in Law

International Courts As Agents Of Legal Change: Evidence From Lgbt Rights In Europe, Laurence R. Helfer, Erik Voeten Jan 2014

International Courts As Agents Of Legal Change: Evidence From Lgbt Rights In Europe, Laurence R. Helfer, Erik Voeten

Faculty Scholarship

Do international court judgments influence the behavior of actors other than the parties to a dispute? Are international courts agents of policy change or do their judgments merely reflect evolving social and political trends? The authors develop a theory that specifies the conditions under which international courts can use their interpretive discretion to have system-wide effects. The authors examine the theory in the context of European Court of Human Rights (ECtHR) rulings on lesbian, gay, bisexual and transgender (LGBT) issues by creating a new dataset that matches these rulings with laws in all Council of Europe (CoE) member states. The …


Transcendent Homosexuals And Dangerous Sex Offenders: Sexual Harm And Freedom In The Judicial Imaginary, Joseph J. Fischel May 2010

Transcendent Homosexuals And Dangerous Sex Offenders: Sexual Harm And Freedom In The Judicial Imaginary, Joseph J. Fischel

Duke Journal of Gender Law & Policy

No abstract provided.


Gay Rights And American Constitutionalism: What’S A Constitution For?, J. Harvie Wilkinson Iii Nov 2006

Gay Rights And American Constitutionalism: What’S A Constitution For?, J. Harvie Wilkinson Iii

Duke Law Journal

No abstract provided.


Employment Discrimination Against Lesbians And Gays: The Incomplete Legal Responses Of The United States And The European Union, David A. Landau Apr 1994

Employment Discrimination Against Lesbians And Gays: The Incomplete Legal Responses Of The United States And The European Union, David A. Landau

Duke Journal of Comparative & International Law

No abstract provided.