The Rule of Disgust?

2018 ◽  
pp. 195-219
Author(s):  
Jeffrey A. Redding
Keyword(s):  
Supreme Court ◽  
Sexual Minorities ◽  
Line Drawing ◽  
Legal Services ◽  
Sharp Distinction ◽  
Transgendered People ◽  
The Supreme Court ◽  
Third Gender

The Supreme Court of India’s 2014 decision in National Legal Services Authority v. Union of India was a complex opinion coming at a complicated time for India’s LGBTQ community. While this opinion spoke to the empowerment of India’s transgender communities, it seemed to neglect India’s sexual minorities. Yet the Supreme Court’s seeming distinction between the welfare of transgendered people in India, and the welfare of sexual minorities, was not the only line-drawing that the Court engaged in with National Legal Services Authority. Indeed, the Court also seemed to draw a sharp distinction between transgendered people and cisgendered women and men, in the process not only cabining transgendered persons as a ‘third gender,’ but also carving off trans activism from feminism. This chapter explores how something like disgust informed this set of legal line-drawing and, moreover, a kind of disgust which is difficult to sift out from other liberal legal practices.

Violence Against the Law

2020 ◽  
pp. 244-276
Author(s):  
Ashley Tellis
Keyword(s):  
Social Change ◽  
Supreme Court ◽  
Social Life ◽  
Sexual Minorities ◽  
Short Circuit ◽  
High Court ◽  
Social Struggle ◽  
The Supreme Court ◽  
The World ◽  
The Law

The essay looks at the legal struggles fought on behalf of what has been characterized as a progressive ‘LGBTQ movement’ for the rights of sexual minorities and argues that these struggles have been ill-thought and amount to a violation of the law and an inversion of law’s role in social life. While law and changes in the law emerge from social struggle, these legal battles have sought to short-circuit that struggle and effect social change through the juridical. This amounts to violence upon the law and upon communities of sexual minorities, like the hijras, whom these legal struggles claim to represent. Closely examining the Naz judgement of the Delhi High Court, the Koushal judgement of the Supreme Court and the NALSA judgement on ‘transgenders’, the essay argues that we need to re-think our negotiation and languages of the law and rely on deep sociological engagement rather than abstract ‘progressive’ lingo to change the law and the world.

scholarly journals KEDUDUKAN HUKUM PARALEGAL DESA DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 22P/HUM/2018

2020 ◽  
Vol 1 (01) ◽  
pp. 77-94
Author(s):  
Andrie Gusti Ari Sarjono
Keyword(s):  
Supreme Court ◽  
Judicial Review ◽  
Legal Services ◽  
Legal Aid ◽  
Power Of Attorney ◽  
Supreme Court Ruling ◽  
The Supreme Court ◽  
Legal Expert ◽  
The Right ◽  
The Village

To eliminate or at least minimize the misuse of village funds, paralegal participation is needed. Paralegals are people who can optimize various opportunities to overcome the legal problems that exist in the village. Law Number 16 of 2011 concerning Legal Aid has given juridical legitimacy to the existence of a Paralegal as part of the legal aid provider. What is meant by legal aid is legal services provided by legal aid providers for free to legal aid recipients. Legal aid is provided by legal aid organizations or community organizations that provide legal aid services, which include exercising power of attorney, assisting, representing, defending, and / or carrying out other legal actions for the legal benefit of the recipient of legal aid. In its implementation, the legal aid provider is given the right to recruit lawyers, paralegal, lecturers, and students of the Faculty of Law. In the Judicial Review Decision, it was stated that the Paralegal did not carry out the advocate function but carried out the function of assisting lawyers. So the ability between Paralegals and Advocates is judged to be indeed far different and cannot be aligned. Paralegals should be grateful to Advocates and the Supreme Court for creating legal certainty over the functions of the Paralegal so that they do not collide with the functions of the Advocate profession and still maintain the position of the Paralegal in law in Indonesia. This Supreme Court ruling should be appreciated by all groups because it has achieved three legal objectives namely justice (gerechtigheit), expediency (zwechmaerten), and certainty (rechtssicherkeit.) As stated by a legal expert named Gustav Radburch.

LEAF and Pornography: Litigating on Equality and Sexual Representations

1994 ◽  
Vol 9 (01) ◽  
pp. 165-192 ◽  
Author(s):  
Karen Busby
Keyword(s):  
Supreme Court ◽  
Gay Men ◽  
Sexual Minorities ◽  
Legal Education ◽  
Supreme Court Of Canada ◽  
Obscenity Law ◽  
The Supreme Court

AbstractIn February 1991, the Supreme Court of Canada released R. v. Butler, a decision which upheld Canada's Obscenity Law by recognizing a relationship between pornography and sex inequality. This paper outlines the arguments made by the Women's Legal Education and Action Fund (LEAF) as intervenors in Butler, reviews how this decision could be interpreted, and offers for discussion arguments on some of the issues not addressed in Butler. In particular, it examines how LEAF's position affects lesbians and gay men and how the Butler decision can be used to advance equality arguments for sexual minorities. Given that Canada Customs have continued to discriminate against lesbians and gay men by targeting materials for these communities, feminists and other equality seekers must participate in the debate on how Butler will be interpreted and enforced.

Malpractice & Negligence: Cal. Supreme Court Clarifies Negligence Provisions under State’s Elder Abuse Act

1999 ◽  
Vol 27 (2) ◽  
pp. 203-203
Author(s):  
Kendra Carlson
Keyword(s):  
Health Care ◽  
Supreme Court ◽  
Health Care Providers ◽  
Elder Abuse ◽  
Skilled Nursing Facility ◽  
Pressure Sores ◽  
Care Providers ◽  
Nursing Facility ◽  
Skilled Nursing ◽  
The Supreme Court

The Supreme Court of California held, in Delaney v. Baker, 82 Cal. Rptr. 2d 610 (1999), that the heightened remedies available under the Elder Abuse Act (Act), Cal. Welf. & Inst. Code, §§ 15657,15657.2 (West 1998), apply to health care providers who engage in reckless neglect of an elder adult. The court interpreted two sections of the Act: (1) section 15657, which provides for enhanced remedies for reckless neglect; and (2) section 15657.2, which limits recovery for actions based on “professional negligence.” The court held that reckless neglect is distinct from professional negligence and therefore the restrictions on remedies against health care providers for professional negligence are inapplicable.Kay Delaney sued Meadowood, a skilled nursing facility (SNF), after a resident, her mother, died. Evidence at trial indicated that Rose Wallien, the decedent, was left lying in her own urine and feces for extended periods of time and had stage I11 and IV pressure sores on her ankles, feet, and buttocks at the time of her death.

Medical and Legal Issues Raised by the Protz Decision Issued by the Pennsylvania Supreme Court

2017 ◽  
Vol 22 (4) ◽  
pp. 12-13
Author(s):  
LuAnn Haley ◽  
Marjorie Eskay-Auerbach
Keyword(s):  
Supreme Court ◽  
Scientific Evidence ◽  
Workers Compensation ◽  
Sixth Edition ◽  
Complex Concept ◽  
The Supreme Court ◽  
Compensation Claims ◽  
Recent Edition ◽  
Impairment Ratings ◽  
Definition Of

Abstract Pennsylvania adopted the impairment rating provisions described in the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) in 1996 as an exposure cap for employers seeking predictability and cost control in workers’ compensation claims. In 2017, the Supreme Court of Pennsylvania handed down the Protz decision, which held that requiring physicians to apply the methodology set forth in the most recent edition of the AMA Guides reflected an unconstitutional delegation of legislative power to the American Medical Association. The decision eliminates the impairment-rating evaluation (IRE) mechanism under which claimants were assigned an impairment rating under the most recent edition of the AMA Guides. The AMA Guides periodically are revised to include the most recent scientific evidence regarding impairment ratings, and the AMA Guides, Sixth Edition, acknowledges that impairment is a complex concept that is not yet defined in a way that readily permits an evidence-based definition of assessment. The AMA Guides should not be considered standards frozen in time simply to withstand future scrutiny by the courts; instead, workers’ compensation acts could state that when a new edition of the AMA Guides is published, the legislature shall review and consider adopting the new edition. It appears unlikely that the Protz decision will be followed in other jurisdictions: Challenges to using the AMA Guides in assessing workers’ compensation claims have been attempted in three states, and all attempts failed.

Television News and the Supreme Court

1998 ◽  
Author(s):  
Elliot E. Slotnick ◽  
Jennifer A. Segal
Keyword(s):  
Supreme Court ◽  
Television News ◽  
The Supreme Court

In the Supreme Court of the United States: Clara Watson v. Fort Worth Bank & Trust..

1988 ◽  
Vol 43 (12) ◽  
pp. 1019-1028 ◽  
Author(s):  
Donald N. Bersoff ◽  
Laurel P. Malson ◽  
Donald B. Verrilli
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
Fort Worth ◽  
The Supreme Court
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