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  1.  79
    “Gender is No Substitute for Sex”: A Comparative Human Rights Analysis of the Legal Regulation of Sexual Identity.Sharon Cowan - 2005 - Feminist Legal Studies 13 (1):67-96.
    U.K. regulation of sexual identity within a marriage context has traditionally been linked to biological sex. In response to the European Court of Human Rights decisions in Goodwin and I.,2 and in order to address the question of whether a transsexual person can be treated as a “real” member of their adoptive sex, the U.K. has recently passed the Gender Recognition Act 2004. While the Act appears to signal a move away from biology and towards a conception of sexual identity (...)
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  2.  29
    "That Woman Is a Woman!" the Case of Bellinger V. Bellinger and the Mysterious Appearance of Sex: Bellinger V. Bellinger [2003] 2 All E.R. 593; [2003] F.C.R. 1; [2003] 2 W.L.R. 1174; [2003] UKHL 21. [REVIEW]Sharon Cowan - 2004 - Feminist Legal Studies 12 (1):79-92.
    In the case of Bellinger v. Bellingerthe House of Lords has for the first time exercised the power to make a declaration of incompatibility under s. 4 of the Human Rights Act 1998, finding that U.K. law on marriage is in breach of Articles 8 and 12 of the European Convention on Human Rights. This case note argues, however, that despite this decision, and despite also recent judgements of the European Court of Human Rights upholdingthe rights of transsexual people, the (...)
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  3.  11
    "That Woman Is a Woman!" the Case of Bellinger V. Bellinger and the Mysterious Appearance of Sex: Bellinger V. Bellinger [2003] 2 All E.R. 593; [2003] F.C.R. 1; [2003] 2 W.L.R. 1174; [2003] UKHL 21.Sharon Cowan - 2004 - Feminist Legal Studies 12 (1):79-92.
    In the case of Bellinger v. Bellingerthe House of Lords has for the first time exercised the power to make a declaration of incompatibility under s. 4 of the Human Rights Act 1998, finding that U.K. law on marriage is in breach of Articles 8 and 12 of the European Convention on Human Rights. This case note argues, however, that despite this decision, and despite also recent judgements of the European Court of Human Rights upholdingthe rights of transsexual people, the (...)
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  4.  71
    Motivating Questions and Partial Answers: A Response to Prosecuting Domestic Violence by Michelle Madden Dempsey. [REVIEW]Sharon Cowan - 2014 - Criminal Law and Philosophy 8 (3):543-555.
    Michelle Madden Dempsey’s compelling book sets out a normative feminist argument as to why and when prosecutors should continue to pursue prosecutions in domestic violence cases where the victim refuses to participate in or has withdrawn their support for the prosecution. This paper will explore two of the key aspects of her argument—the centrality and definition of the concept of patriarchy, and the definition of domestic violence—before concluding with some final thoughts as to the appropriate parameters of feminist prosecutorial decision-making. (...)
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  5. Words, Desires and Ideas: Freud, Foucault and the Hermaphroditic Roots of Bisexuality.Sharon Cowan & Stuart Elden - 2002 - Pli 13:79-99.
     
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  6.  45
    To Buy or Not to Buy? Vulnerability and the Criminalisation of Commercial BDSM.Sharon Cowan - 2012 - Feminist Legal Studies 20 (3):263-279.
    This paper examines the interaction of law and policy-making on prostitution, with that of BDSM (bondage and discipline, sadism and masochism). Recent policy and legal shifts in the UK mark out prostitutes as vulnerable and in need of ‘rescue’. BDSM that amounts to actual bodily harm is unlawful in the UK, and calls to decriminalise it are often met with fears that participants will be left vulnerable to abuse. Where women sell BDSM sex, even more complex questions of choice, exploitation, (...)
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  7.  38
    The Headscarf Controversy: A Response to Jill Marshall.Sharon Cowan - 2008 - Res Publica 14 (3):193-201.
    This paper argues that Article 8 of the ECHR, as applied to the protection of a person’s right to wear a headscarf, is an inappropriate locus for thrashing out arguments about the right to protection of religious freedom, and that Article 9 allows for a broader legal and political analysis of the multiple meanings and impacts of religion in our lives. However, the law should not prohibit women from wearing the headscarf. Legal regulation of the headscarf should be replaced with (...)
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  8. Words, Desires and Ideas: Freud, Foucault and the Hermaphroditic Roots of Bisexuality.Sharon Cowan & Stuart Elden - 2002 - Pli 13:79-99.
     
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  9.  4
    Correction To: Feminist Judgments Projects at the Intersection.Martha Gayoye, Mateenah Hunter, Ambreena Manji, Miriam Matinda, Sharifah Sekalala, Rachna Chaudhary, Laura Lammasniemi, Shreya Munoth, Devyani Prabhat, Jhuma Sen, Gillian Black, Sharon Cowan, Chloë Kennedy & Vanessa E. Munro - forthcoming - Feminist Legal Studies.
    In the original publication of the article, errors in the production stages resulted in Vanessa Munro being listed as sole author.
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