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Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


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Same Sex Relationships: From Odious Crime to Gay Marriage


ISBN13: 9780199297733
ISBN: 0199297738
Published: May 2006
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £71.00



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

Based on the 2005 Oxford Clarendon Lectures in Law, this book deals with the remarkable change in society's attitude to homosexuality over the last half century. Until 1967 homosexual acts were punished by the criminal law and as recently as 1988 Parliament forbade teachers from suggesting that homosexuality was an acceptable family relationship.

In 2005 Parliament passed the Civil Partnership Act, which creates a framework in which same-sex couples can have their relationship legally recognised in much the same way as marriage. This book looks at the essentials of the civil partnerships contruct, and asks whether it is really creating an institution of 'gay marriage'? If not, the next questions to ask is whether civil partnership can satisfy the demands for equality increasingly being made by the gay community? In the United States, the courts have taken an active and progressive stance, holding that to deny marriage to same sex couples and leave them with mere partnership is to create a 'separate but equal' situation historically associated with the racial discrimination now universally recognised as unconstitutional and morally unjustifiable. However, the political climate has risen to a fever pitch with the current administration's push for constitutional amendment to ban outright gay marriage.

In the UK the courts have been less activist, but the potential creation of a Supreme Court raises important questions about the boundaries between the roles of judiciary, the legislature, and government; and whether the judiciary should play a more constitutionally active role than has thus far been traditional?

Subjects:
Family Law
Contents:
I From Felony to the Love that is Proud to Speak its Name
II Partnership or Marriage: The Provisions of the Civil Partnership Act
III The Family, Partnership, and the Judges
Appendices
Text of The Civil Partnerships Act 2004, Parts 1 and 2, and Schedules 1 to 9
Report of the Committee on Homosexual Offences and Prostitution paras 1 - 147 and pp 130 - 135
Judicial Decisions
Halpern et al v Attorney General of Canada et al, Court of Appeal for Ontario
Lawrence v Texas, United States Supreme Court
Hillary Goodridge & others v Department of Health and others, Supreme Judicial Court of Massachusetts
Opinions of the Justices to the Senate, Supreme Judicial Court of Massachusetts
Lofton v Secretary of the Department of Children and Family Services, United States Court of Appeals, Eleventh Circuit

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Change and Continuity: Statute, Equity and Federalism ISBN 9780198298236
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The Law's Two Bodies ISBN 9780199245185
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The Practice of Principle: In Defence of a Pragmatist Approach to Legal Theory
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Law and Legal Theory in the UK and USA
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