Gay Rights and American Law - Softcover

Pinello, Daniel R.

Softcover

ISBN 10: 0521012147 ISBN 13: 9780521012140

Publisher: Cambridge University Press, 2003

Synopsis

Gay Rights and American Law investigates how American appellate courts dealt with the struggle for lesbian and gay civil rights during the last two decades of the twentieth century. The study is grounded on an exhaustive database of both federal and state cases, rendered between 1981 and 2000, and of the personal attributes of the judges who decided them, as well as the ideological, institutional, and legal environments in which the decisions were situated. The work both explains how diverse factors influenced the adjudication of civil rights claims during a vital era of the homosexual civil rights movement and formulates promising methodologies for the meaningful quantitative empirical study of law.

About this title

Review

'This book provides not only an excellent survey of recent judicial developments in the law of gay rights but, even more importantly, a superb empirical study of the determinants of judicial decision making, using the context of gay rights cases. Unlike most research in this field, Pinello carefully considers the role played by the law and precedent in court opinions. His analysis is based on extensive data. I highly commend it to scholars interested in the factors involved in judicial policymaking, as well as those concerned about gay rights law. It is simply the single best study of judicial decision making of which I am aware.' Frank Cross, University of Texas, Austin

'Gay Rights and American Law makes an impressive contribution both to the contemporary debate over lesbian and gay civil rights and to the scholarly literature on the politics of judicial choice. This intriguing volume comprehensively describes critical federal and state appellate decisions adjudicating the rights claims of homosexuals. But perhaps more importantly, the book provides a scientifically rigorous analysis of judges' votes in those cases and then places its empirical findings in a framework informing extant theories of judicial choice. The work is systematic, creative, and insightful. Without question, Gay Rights and American Law is a 'must read' for anyone concerned with the fascinating politics of judicial policymaking or the struggle for civil rights in America.' Melinda Gann Hall, Michigan State University

'This marvellous, well-argued book by a political scientist rigorously tests various assumptions about when American courts and politicians advance, and when they retard, legal recognition of the human rights of gay and lesbian persons. No serious activist, scholar, or citizen can ignore its findings (for example, the crucial importance to gay and lesbian rights of both presidential judicial appointments and the diversity of judges).' David A. J. Richards, New York University

'Daniel R. Rinello provides a highly provocative empirical analysis pf how American appellate courts over the last twenty years have addressed lesbian and gay rights claims. The project is striking, not only in its scope, but also with respect to some of the conclusions Pinello draws.' Political Science Quarterly

Book Description

It investigates how American appellate courts dealt with the struggle for lesbian-and-gay civil rights during the 1980s and 90s. It explains how diverse factors influenced the adjudication of civil-rights claims during a vital era of the homosexual-rights movement and formulates methodologies for the meaningful quantitative empirical study of law.

Edition details

• Publisher: Cambridge University Press
• Publication date: 2003
• Language: English
• ISBN 10: 0521012147
• ISBN 13: 9780521012140
• Binding: Paperback
• Number of pages: 366