Categories We Live By

2018 ◽  
pp. 127-128
Author(s):  
Ásta
Keyword(s):  
Sexual Minorities ◽  
Differential Treatment ◽  
The Us ◽  
Social Features ◽  
Contextualist Theory

In the book’s conclusion, the question is discussed how the radically contextualist theory of social features of individuals offered in this book can ground claims of solidarity across place and time and account for the systematicity of oppression. How can women in the US ground their claim to solidarity with women in Bangladesh or Syria? How can LGBTQ individuals ground their solidarity with oppressed sexual minorities in a faraway time or place? The author offers two suggestions. The first one is to focus on fact that certain features of individuals, such as genitalia, serve as base features for differential treatment in many, many contexts. The second is to notice similar constraints and enablements across contexts. Both of these, and a combination of them, can ground claims to solidarity and systematicity.

Determining the Legitimacy of Laws That Use Racial/Ethnic Classifications

2017 ◽  
Author(s):  
Roger J.R. Levesque
Keyword(s):  
Empirical Evidence ◽  
Legal System ◽  
Differential Treatment ◽  
Equal Treatment ◽  
Equal Protection ◽  
Equal Opportunities ◽  
The Us ◽  
Us Constitution ◽  
The Government ◽  
Racial Ethnic

Under the US Constitution, the government must ensure that individuals receive the equal protection of laws. This mandate, however, becomes challenging in that equal protection may be different depending on the involved individuals and circumstances. This chapter examines the general parameters of how the legal system addresses claims alleging violations of rights, such as those involving differential treatment based on race. The analysis demonstrates when discrimination exists in law and, equally important, discusses what is needed to envision ways to reach societal interests relating to equal opportunities and equal treatment. The chapter concludes by noting how these legal developments influence the potential relevance and utility of empirical evidence.

Women, Gender, and Sexuality in the Cuban Revolution

2020 ◽  
Vol 2020 (136) ◽  
pp. 185-197
Author(s):  
Elizabeth Quay Hutchison
Keyword(s):  
Sexual Minorities ◽  
Gender And Sexuality ◽  
Cuban Revolution ◽  
Gender Justice ◽  
Special Issue ◽  
Men And Women ◽  
Barriers To Change ◽  
The Us

Abstract In a summer 2018 interview conducted for this special issue of RHR, the US-born lesbian feminist artist, activist, and scholar Margaret Randall reflects on the Cuban Revolution’s achievements and shortcomings in the arena of women’s and sexuality rights. What have women and sexual minorities contributed to Cuba’s experiment in radical equality, and what remains to be done? How has feminism—in all its variety—shaped the aspirations of Cuban men and women, and what have US feminists learned from their efforts? What makes gender justice happen, and who or what constitutes barriers to change?

scholarly journals Becoming MSM: Sexual Minorities and Public Health Regimes in Vietnam

2021 ◽  
Vol 1 (1) ◽  
pp. 33-45
Author(s):  
Alfred Montoya
Keyword(s):  
Public Health ◽  
Sex Workers ◽  
Drug Users ◽  
Sexual Minorities ◽  
Colonial Period ◽  
Health And Wellbeing ◽  
Aids Epidemic ◽  
The Us ◽  
French Colonial ◽  
Hiv Aids

Abstract This article explores the discursive and practical marking of male sexual minorities in Vietnam, as targets of a series of biopolitical regimes whose aim, ostensibly, was and is to secure the health and wellbeing of the population (from the French colonial period to the present), regimes which linked biology, technoscientific intervention and normative sexuality in the service of state power. Campaigns against sex workers, drug users, and briefly male sexual minorities, seriously exacerbated the marginalization and stigmatization of these groups, particularly with the emergence of HIV/AIDS in Vietnam in 1990. This article also considers how the contemporary apparatus constructed to combat the HIV/AIDS epidemic, one funded by the US, did not do away with these old forms, but reinscribed them with new language within a new regime that prioritizes quantification and technoscience.

The Protection of Fundamental Human Rights

Japanese Law ◽  
2021 ◽  
pp. 89-114
Author(s):  
Hiroshi Oda
Keyword(s):  
Human Rights ◽  
Civil Code ◽  
Differential Treatment ◽  
Equal Treatment ◽  
Human Rights Law ◽  
Constitutional Review ◽  
The Us ◽  
Us Constitution ◽  
Illegitimate Children ◽  
Sizeable Number

In contrast to the previous Constitution, which was modelled on the 1850 Prussian constitution, the current Constitution of 1946 was heavily influenced by the US Constitution. In general, the courts has been instrumental in developing human rights law via constitutional review, particularly since the 1970s there have been a sizeable number of cases where the court found a law to be unconstitutional. The latest case involved a provision of the Civil Code which found the differential treatment of legitimate and illegitimate children in inheritance to be against equal treatment.

Governing beyond the closet: Remaking stigma, identity, and sexual behavior in a post-disciplinary rehab

Ethnography ◽  
2020 ◽  
pp. 146613812092370
Author(s):  
Josh Aleksanyan
Keyword(s):  
Sexual Minorities ◽  
Brain Targeting ◽  
Ethnographic Research ◽  
Biomedical Model ◽  
Treatment Facility ◽  
Sexual Stigma ◽  
Staff Members ◽  
Fundamental Causes ◽  
The Us ◽  
Addiction Care

Combining historical and ethnographic research, this article analyzes changing logics of control shaping addiction care for sexual minorities at a drug treatment facility in the US. While 30 years ago stigma and exclusion were viewed by staff members as fundamental causes of addiction among sexual minorities, this perspective faded as truth-eliciting confessionals declined and confidence in brain-targeting medicine increased. In this process, paradoxically, sexual stigma was no longer regarded as a barrier to fight and overcome, but instead is redeployed as part of practitioners’ toolkits as they work to regulate what they see as patients’ “addictive personalities”. While a biomedical model may imply that the facility has achieved a post-disciplinary treatment strategy, in that it no longer seeks to produce an identity but fragments it into governable components, staff members in fact continue to target sexual identity by translating this identity into pharmacological pathways and responses.

The Eleventh Circuit Holds that Agreements in which Pharmaceutical Companies Pay Generic Companies Not to Compete May be Valid

2004 ◽  
Vol 32 (1) ◽  
pp. 181-184
Author(s):  
Amy Garrigues
Keyword(s):  
Pharmaceutical Companies ◽  
Court Decisions ◽  
Patent Holder ◽  
Trial Court ◽  
Court Of Appeals ◽  
The Us ◽  
Antitrust Laws ◽  
Per Se ◽  
Appeals Court ◽  
Two Sides

On September 15, 2003, the US. Court of Appeals for the Eleventh Circuit held that agreements between pharmaceutical and generic companies not to compete are not per se unlawful if these agreements do not expand the existing exclusionary right of a patent. The Valley DrugCo.v.Geneva Pharmaceuticals decision emphasizes that the nature of a patent gives the patent holder exclusive rights, and if an agreement merely confirms that exclusivity, then it is not per se unlawful. With this holding, the appeals court reversed the decision of the trial court, which held that agreements under which competitors are paid to stay out of the market are per se violations of the antitrust laws. An examination of the Valley Drugtrial and appeals court decisions sheds light on the two sides of an emerging legal debate concerning the validity of pay-not-to-compete agreements, and more broadly, on the appropriate balance between the seemingly competing interests of patent and antitrust laws.

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