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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Gay Rights and American Law

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Daniel R. PinelloCity University of New York

ISBN13: 9780521812740
ISBN: 0521812747
Published: June 2003
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £74.99

Despatched in 7 to 9 days.

Gay Rights and American Law investigates how American appellate courts dealt with the struggle for lesbian and gay civil rights during the last two decades of the twentieth century. The study is grounded on an exhaustive database of both federal and state cases, rendered between 1981 and 2000, and of the personal attributes of the judges who decided them, as well as the ideological, institutional, and legal environments in which the decisions were situated. The work both explains how diverse factors influenced the adjudication of civil rights claims during a vital era of the homosexual civil rights movement and formulates promising methodologies for the meaningful quantitative empirical study of law.

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Other Jurisdictions , USA
1. Introduction
The context of the study
The cases
Case outcome variation by court system and subject matter
Geographic variation
Temporal variation
2: Case narratives
Child custody, visitation, adoption, and foster care (CVAF)
Lesbian and gay family issues not involving CVAF
Cases adjudicating sexual orientation discrimination claims not related to lesbian and gay family issues
Gays in the military
Cases adjudicating the constitutionality of consensual sodomy and related
Solicitation statutes and their Enforcement against gay people
Cases adjudicating the free speech and free association rights of gay people
Miscellaneous cases essential to lesbian and gay rights
Same-sex sexual harassment
Defamation involving homosexuality
Miscellaneous cases not essential to lesbian and gay rights
3: The lesbian and gay rights claims models
The statistical analysis
Applying the models
Answers to questions posed in chapter 2
Model performance
4: Judicial federalism and the 'myth of parity'
Judicial federalism variables
5: A test of stare decisis
The legal literature
The political science literature
Lesbian and gay rights claims and precedent
Test one
Test two
6: Conclusion
Location, location, location
The promise of the states
The value of diversity on the bench
Time is on our side, Yes it is!
The vital role of interest groups
The power of precedent
Democrats, republicans, and gay rights
The forces motivating judicial decision making
The quantitative study of rights and of law