Special Issue: Law and the Imagining of Difference (Studies in Law, Politics, and Society, 75)

Studies in Law, Politics, and Society provides a vehicle for the publication of scholarly articles within the broad parameters of interdisciplinary legal scholarship. In this latest edition of this highly successful research series, chapters examine a diverse range of legal issues and their impact on and intersections with society. This volume focusses on Law and the Imagining of Difference with each chapter examining how law responds to the claims of difference, how and when it recognizes difference and accommodates it, as well as when and why such recognition and accommodation is resisted. Topics covered include disability, same-sex marriage and gender equality. This volume brings together leading scholars and will be vital reading for all those researching in this subject area. Intro -- SPECIAL ISSUE: LAW AND THE IMAGINING OF DIFFERENCE -- Contents -- List of Contributors -- Editorial Board -- Chapter 1: Differentiating Assimilation -- 1. Introduction -- 2. The Assimilationist Critique in LGBT Debate -- 3. The Case for Unmarried Same-Sex Parents -- 3.1. Marriage, Parenthood, and Different-Sex Couples -- 3.2. The Failure of Sameness Arguments -- 3.3. Sameness and Success -- 4. The Case for Marriage -- 4.1. Seeking Inclusion in Marriage -- 4.2. Ordering Inclusion -- 5. Parental Recognition After Marriage -- 5.1. Parentage inside Marriage -- 5.2. Parentage Outside Marriage -- 6. Conclusion - Transformation Through Assimilation -- Notes -- Acknowledgments -- References -- Chapter 2: Embodying the Law: Negotiating Disability Identity and Civil Rights -- Introduction -- Tension between Sameness and Difference -- How Difference Is Defined -- How Best to Achieve Civil Rights -- How to Learn from and Capitalize on Progress -- Why Disability Rights Legislation? -- History of Oppression and Discrimination -- Key Disability Rights Legislation -- Americans with Disabilities Act -- Individuals with Disabilities Education Act -- Civil Rights of Institutionalized Persons Act -- Rehabilitation Act -- Relationship Between Disability, Identity, and the Law -- Disability Studies, Deaf Culture, and Identity -- Disability Studies and Identity - Role of Stigma -- Deaf Culture and Identity - Not Disabled -- Importance of Disabled Identity to the Law -- Identifying as Disabled under the Law -- Overemphasis on Classification -- Minority Rights Versus Human Diversity/Human Rights -- Disability Rights as Minority Rights: Opportunities and Challenges -- Impact of Minority Model on Interpretations of the Law -- Second- and Third-Class Citizens -- Positive Identity and Social Movement -- The Inferior Body -- The Same But Different The Path to Justice: Garnering Public Support -- Disability as Human Diversity -- Complexity of Causes and Remedies for Disability -- Comparison of Minority Rights Approach to Human Diversity Approach and CRPD -- End Game: How to Achieve Inclusion and Acceptance -- The Law as a Tool for Change -- Other Tools in the Toolbox - Strengthening the Capacity of the Law to Create Change -- Acknowledge Both the Incredible Stigma of Disability and Disability as a Positive Identity -- Integrate Human Rights as well as Civil Rights Perspectives into the Language of the Law and its Applications -- Carefully Consider Similarities and Differences between Disability and Other Minority Groups and Craft Laws Accordingly -- Make Difference Normal by Applying Universal Design -- Tackle Problem of Stigma in the Court System -- Get "Buy In" from the Public during All Phases of Civil Protection -- Conclusions -- References -- Chapter 3: Being Exceptional -- 1. Introduction -- 2. The Landscape of Difference -- 2.1. Average/Normal/Regular -- 2.2. Exceptional -- 2.3. Exceptional Choices -- 3. Approaches to the ADA -- 3.1. ADA as Civil Rights -- 3.2 Profit Maximization and Tort Calculations -- 4. Conclusions - Norm Change -- Notes -- Acknowledgments -- References -- Legal Sources -- Chapter 4: Feminist Constitutionalism and the Entrenchment of Motherhood -- 1. Twenty-First Century Gender Inequality and Motherhood -- 2. Pregnancy and Maternity in U.S. Law -- 3. The Constitutional Protection of Motherhood -- 4. Sex Equality and Maternity in the Weimar Constitution -- 5. Maternity Protection in the 1946 Preamble in France -- 6. Constitutional Rights of Working Women in Italy -- 7. Conclusion: Law's Imagining of Motherhood's Difference -- Acknowledgements -- References -- Chapter 5: Comment: Differences and (in)Equalities -- References