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  1. States of Injury: Power and Freedom in Late Modernity.Wendy Brown - 1995 - Princeton University Press.
    Whether in characterizing Catharine MacKinnon's theory of gender as itself pornographic or in identifying liberalism as unable to make good on its promises, Wendy Brown pursues a central question: how does a sense of woundedness become the basis for a sense of identity? Brown argues that efforts to outlaw hate speech and pornography powerfully legitimize the state: such apparently well-intentioned attempts harm victims further by portraying them as so helpless as to be in continuing need of governmental protection. "Whether one (...)
  • Sex and the civil partnership act: the future of (non) conjugality? [REVIEW]Nicola Barker - 2006 - Feminist Legal Studies 14 (2):241-259.
    This article considers the transgressive and transformative possibilities in the sexual silences of the U.K.’s Civil Partnership Act 2004. The absence of a consummation requirement and adultery as a specific ground of dissolution do open up some possibilities but are not unproblematic. These issues are explored in the context of the England and Wales Law Commission’s apparent ‘return’ to a conjugal model in its forthcoming consultation on cohabitation. It is concluded that though the Act may open up possibilities for expanding (...)
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  • When Equality Is not Equity:Homosexual Inclusion in Undue Influence Law. [REVIEW]Rosemary Auchmuty - 2003 - Feminist Legal Studies 11 (2):163-190.
    In Barclay's Bank v. O'Brien(1993) the House of Lords extended the undue influence rules to heterosexual and homosexual cohabitees, a move that was widely welcomed and has been endorsed in Royal Bank of Scotland v. Etridge (No. 2) (2001). The paper argues that the extension to homosexual couples is inappropriate, since undue influence is largely a problem of heterosexuality. It is not accidental that there have been no reported cases of undue influence between lesbian or gay partners, not because abuses (...)
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  • Beyond Couples: Burden v United Kingdom 47 EHRR 38; [2008] 2 FLR 787; Grand Chamber of the European Court of Human Rights, 29 April 2008.Rosemary Auchmuty - 2009 - Feminist Legal Studies 17 (2):205-218.
    Two elderly sisters who lived together complained of discrimination on the ground that, when one of them died, the other would face a heavy inheritance tax bill, unlike the survivor of a marriage or civil partnership who enjoys a “spousal exemption” under the Inheritance Tax Act 1984. They lost in both the lower chamber of the European Court of Human Rights and on appeal to the Grand Chamber. At first instance, discrimination was found but held to be proportionate and justifiable; (...)
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