Everyday Law for Gays and Lesbians: An Introduction
This is the (revised) introductory chapter of a book that I am currently writing. The book is titled "Everyday Law for Gays and Lesbians", and is part of Paradigm Publishers' Everyday Law series. The introductory chapter - indeed, the entire book - is built upon and around the power of narrative. I begin the chapter with a personal narrative that illustrates what I refer to as the current predicament of the lesbian and gay movement. In the first part of the chapter, I survey the social and legal landscape that surrounds the movement, explain why I view the current situation as a predicament, and consider the source of that predicament. Then, in the second part of the chapter, I set the stage - and the tone - for the remainder of the book by suggesting that the narratives of individual lesbians and gay men, told in their own words, are a radical and powerful tool for advancing us (meaning all lesbians and gay men) toward the unqualified acceptance that we seek. As I explain in the chapter, my goal in writing this book is to empower and inspire each of us to deploy these narratives in the most effective way possible. In keeping with this view of the power of the individual narrative, I argue that it is up to each of us to draw attention to and challenge the ubiquitous privileging of heterosexuality in our society. And, the title of the book and the series notwithstanding, I further eschew overreliance on legal strategies for effecting change; instead, in the course of the book, I discuss both potential legal and non-legal avenues for effecting change. I would greatly appreciate any comments that you might have on the chapter or any suggestions that you might have regarding coverage for the book.
The Myth of Superiority
This Article re-considers the relationship between federal and state courts as fora for the resolution of civil rights claims. In his renowned 1977 article, The Myth of Parity, 90 Harv. L. Rev. 1105, Professor Burt Neuborne set forth the argument that the federal courts were institutionally superior to state courts in handling federal constitutional claims. In the succeeding 22 years, gay litigants seeking to establish and vindicate civil rights have generally fared better in state courts than they have in federal courts. This might, of course, be nothing more than a consequence of the political orientation of the federal judges appointed by Presidents Reagan and Bush during these years. However, this Article argues that the gay rights experience reveals certain institutional characteristics of state courts that make them systemically better-situated (or at least no less well-situated) to demonstrate empathy for minority concerns in certain carefully-defined situations. In so concluding, the Article urges that forum-shopping civil rights attorneys abandon an irrebutable presumption in favor of federal courts.
Same Same But Different - also in Europe! A New Methodological Approach in Cross-Country Analysis of Communication Structuresapplied to five EU member states
The EU still lacks a truly European public sphere. On this level, there is still a clear lack of integration between individual member states. This means that national public spheres and cultures are still of great importance for European communication and media professionals. Comparative research into the similarities and differences between different nations is therefore valuable for cross-border PR communication activities. This paper lays out the methodological foundation for such research, discussing possible approaches and difficulties associated with comparative research. The author then introduces a potential heuristic framework for comparative analysis: the International Corporate Communication Compass. This framework is applied to five case-study EU countries (Denmark, Germany, France, Poland and the UK), showing the differences and similarities in a range of different contexts that affect public communication in all its forms. The conclusion examines how the results of such studies could be used in order to compare communication identities of different countries. This can potentially help in the development of a European public identity on the long run and in a first step can led towards a better, more adapted communication structure about European citizenship. Ultimately, communication structures within the EU might become more Europeanized than they