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Vol 22 No 3 March/April 2017

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Simon Mortimore
Price: £225.00

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Discourse, Identity, and Social Change in the Marriage Equality Debates


ISBN13: 9780190217969
Published: June 2016
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Hardback
Price: £47.99



Despatched in 7 to 9 days.

Karen Tracy examines the identity-work of judges and attorneys in state supreme courts as they debated the legality of existing marriage laws. Exchanges in state appellate courts are juxtaposed with the talk that occurred between citizens and elected officials in legislative hearings considering whether to revise state marriage laws.

The book's analysis spans ten years, beginning with the U.S. Supreme Court's overturning of sodomy laws in 2003 and ending in 2013 when the U.S. Supreme Court declared the federal government's Defense of Marriage Act (DOMA) unconstitutional, and it particularly focuses on how social change was accomplished through and reflected in these law-making and law-interpreting discourses. Focal materials are the eight cases about same-sex marriage and civil unions that were argued in state supreme courts between 2005 and 2009, and six of a larger number of hearings that occurred in state judicial committees considering bills regarding who should be able to marry. Tracy concludes with analysis of the 2011 Senate Judiciary Committee Hearing on DOMA, comparing it to the initial 1996 hearing and to the 2013 Supreme Court oral argument about it.

The book shows that social change occurred as the public discourse that treated sexual orientation as a "lifestyle" was replaced with a public discourse of gays and lesbians as a legitimate category of citizen.

Subjects:
Other Jurisdictions , USA
Contents:
Acknowledgments
Introduction
I Discourse in State Supreme Courts
1. The Genre of Oral Argument
2. Naming of Litigants
3. Ideology in Judges' Questioning
4. Identity-Work in Judicial Opinions
II Discourse in Judicial Committee Hearings
5. The Legislative Hearing Genre
6. Religion, Citizenship, and Identity in U.S. Law-Making
7. Storytelling and Social Change
III Comparisons and Conclusions
8. Morality Arguments in the DOMA Legislative and Supreme Court Debates
9. Discourse, Law, and Social Change
References

Series: Oxford Studies in Language and Law

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Discursive Constructions of Consent in the Legal Process ISBN 9780199945351
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Discursive Constructions of Consent in the Legal Process (eBook) ISBN 9780190613891
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Confronting the Death Penalty: How Language Influences Jurors in Capital Cases (eBook) ISBN 9780190263904
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Confronting the Death Penalty: How Language Influences Jurors in Capital Cases ISBN 9780199334162
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Speaking of Language and Law: Conversations on the Work of Peter Tiersma ISBN 9780199334186
Published September 2015
Oxford University Press
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