McGill Law Journal articles from October 2004

McGill Law Journal archives from October 2004

Oser dire l'homosexualite en droit ... et la rendre intelligible.(Canada)
October 1, 2004... The controversy surrounding the meaning of homosexuality is often based on two very different ways of understanding the phenomenon: essentialism, which insists on the innate nature of homosexuality, and constructivism, which maintains that...

Sexuality, queer theory, and "feminism after": reading and rereading the sexual subject.
October 1, 2004... Although some scholars no longer see a place for feminist theory in analyses of sexuality, this article shows that there are lessons to be learned by examining queer theory through the lens of feminism. The author undertakes several feminist...

Gay male pornography and sexual violence: a sex equality perspective on gay male rape and partner abuse.(Canada)
October 1, 2004... The author critiques the uneven application of the sex equality test for pornographic harm advocated by many of the interveners in Little Sisters Book and Art Emporium. Contesting the interrelated claims that (1) homosexual pornography does not...

The emotional dimensions of lesbian and gay demands for hate crime reform.
October 1, 2004... "Hate crime" has become an important focus in contemporary lesbian and gay politics. This article explores an aspect of this resort to law that has not been addressed in the sexual politics of "hate crime"--the emotional investments that are...

Same-sex sexualities and the globalization of human rights discourse.
October 1, 2004... In the past decade, a "double movement of globalization" has taken place in the realm of gay rights. On the one hand, a globalization of human rights has occurred, whereby human rights have become a key criterion by which the "progress" of...

Coming out to Canada: the immigration of same-sex couples under the Immigration and Refugee Protection Act.
October 1, 2004... While Canadian immigration policy has long favoured family reunification, until recently, Canadian immigration laws allowed only married heterosexual Canadians to sponsor their spouses as family class immigrants. The recently enacted...

Same-sex relationships across borders.
October 1, 2004... The term "recognition" of marriage applies to both the status of marriage and the incidents flowing from chat status. Recent developments in the law regarding same-sex couples in both Canada and the United States have raised important questions...

Difference des sexes et adoption: la (psychanalyse administrative) contre les droits subjectifs de l'individu.
October 1, 2004... Although they usually correspond, juridical logic does not always coincide with factual reality. In some cases, the law even contradicts reality. Filiation offers a clear example of this divergence: the legal notion of filiation, far from...

The legally queer child.(Canada)
October 1, 2004... This article explores the various presumptions and arguments of Canadian courts in largely denying queer children a legal presence. An analysis of the intersection of homosexuality and children is explored with a view to arguing that legally,...

Sex and the sacred: sterilization and bodily integrity in English and Canadian law.
October 1, 2004... Through an examination of cases of nonconsensual sterilization for learning disabled persons in Canada and England, this article considers the role that law plays in framing the thoughts, beliefs, and norms that fashion the way we think about...

Sexual orientation and the Charter: the achievement of formal legal equality (1985-2005) and its limits.
October 1, 2004... Canada is one of the leading countries in the world in the strength of its legal protection against sexual orientation discrimination and in the progress it has made toward securing equal rights and opportunities for its lesbian, gay, and...

Outlaws or in-laws? Successes and challenges in the struggle for LGBT equality.(lesbians, gays, bisexuals, and transgenders)(Canada)
October 1, 2004... In this lecture, the author canvasses the successes and challenges faced by Canadian sexual minorities over the last two decades. He traces the important role of the Canadian Charter of Rights and Freedoms in achieving equality for lesbians,...

Governing Sexuality: The Changing Politics of Citizenship and Law Reform.(Book review)
October 1, 2004... Carl F. Stychin, Governing Sexuality: The Changing Politics of Citizenship and Law Reform. Oxford: Hart, 2003. Pp. x, 162. In this book, Carl Stychin explores a number of struggles for recognition of same-sex sexualities within European...