scholarly journals Queering Judgment

2017 ◽  
Vol 81 (5) ◽  
pp. 417-435 ◽  
Author(s):  
Alex Sharpe
Keyword(s):  
Gender Identity ◽  
Sexual Offence ◽  
Identity Fraud ◽  
Appeal Decision ◽  
English Law ◽  
And Gender ◽  
Court Of Appeal

This article is a response to a series of recent successful sexual offence prosecutions brought against transgender and other gender non-conforming people for gender identity fraud, and specifically to Leveson LJ’s judgment in the Court of Appeal decision of R v McNally. The decision is now the leading authority on sexual fraud generally, and gender identity fraud specifically, under English law. The response will take the form of an academic judgment, in this instance a dissenting or counter-judgment. The article will (i) present the facts of the case, (ii) provide some detail regarding the developing jurisprudence of the courts regarding sexual fraud, (iii) preface the counter-judgment with an explanation of why an exercise in academic judgement-writing is valuable, (iv) consider a queer approach to law, and detail some queer principles around which the counter-judgment will be organised and (v) present the counter-judgment, highlighting not only that McNally could have been decided differently, but that it ought to have been decided differently.

Contract variation in the common law

2018 ◽  
Vol 47 (3) ◽  
pp. 196-207
Author(s):  
James C Fisher
Keyword(s):  
Common Law ◽  
Contract Law ◽  
The Common ◽  
Appeal Decision ◽  
English Law ◽  
The Law ◽  
The Uk ◽  
Business Exchange ◽  
Court Of Appeal

This note analyses the UK Supreme Court’s decision in Rock Advertising Ltd v MWB Business Exchange Centres Ltd, a case that confirms the long uncertain ability of ‘No Oral Modification’ clauses to exclude informal variations in English law. This note argues that, while the Court was correct to reject the putative oral variation in question, the majority’s description of the law is unsatisfactory because of its detachment from wider contract law principle, and compares unfavourably with the alternative ratio by which Lord Briggs reached a concurring outcome. This note also comments on the Supreme Court’s (cursory) treatment of the portentous Court of Appeal decision in Williams v Roffey Bros, which has reformulated the law on contract variation across common law jurisdictions. The Court acknowledged, but declined to resolve, the tensions Roffey introduced in to the law on part payment of debts. While it is unfortunate that the opportunity to resolve these tensions was missed, this note endorses the Court’s ( obiter) rejection of the analysis by which the Court of Appeal below sought to extend Roffey to the part payment of debts.

Effects of Gender, Parental Role, and Time on Infant- and Adult-Directed Read and Spontaneous Speech

2019 ◽  
Vol 62 (11) ◽  
pp. 4001-4014
Author(s):  
Melanie Weirich ◽  
Adrian Simpson
Keyword(s):  
Parental Involvement ◽  
Gender Identity ◽  
Spontaneous Speech ◽  
First Year ◽  
Space Size ◽  
Vowel Space ◽  
Potential Impact ◽  
Phonetic Features ◽  
And Gender ◽  
Description Task

Purpose The study sets out to investigate inter- and intraspeaker variation in German infant-directed speech (IDS) and considers the potential impact that the factors gender, parental involvement, and speech material (read vs. spontaneous speech) may have. In addition, we analyze data from 3 time points prior to and after the birth of the child to examine potential changes in the features of IDS and, particularly also, of adult-directed speech (ADS). Here, the gender identity of a speaker is considered as an additional factor. Method IDS and ADS data from 34 participants (15 mothers, 19 fathers) is gathered by means of a reading and a picture description task. For IDS, 2 recordings were made when the baby was approximately 6 and 9 months old, respectively. For ADS, an additional recording was made before the baby was born. Phonetic analyses comprise mean fundamental frequency (f0), variation in f0, the 1st 2 formants measured in /i: ɛ a u:/, and the vowel space size. Moreover, social and behavioral data were gathered regarding parental involvement and gender identity. Results German IDS is characterized by an increase in mean f0, a larger variation in f0, vowel- and formant-specific differences, and a larger acoustic vowel space. No effect of gender or parental involvement was found. Also, the phonetic features of IDS were found in both spontaneous and read speech. Regarding ADS, changes in vowel space size in some of the fathers and in mean f0 in mothers were found. Conclusion Phonetic features of German IDS are robust with respect to the factors gender, parental involvement, speech material (read vs. spontaneous speech), and time. Some phonetic features of ADS changed within the child's first year depending on gender and parental involvement/gender identity. Thus, further research on IDS needs to address also potential changes in ADS.

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