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Robert Leckey

Bio: Robert Leckey is an academic researcher from McGill University. The author has contributed to research in topics: Family law & Civil law (legal system). The author has an hindex of 12, co-authored 89 publications receiving 554 citations. Previous affiliations of Robert Leckey include Université Laval Faculty of Law.


Papers
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Book
16 Feb 2008
TL;DR: In this paper, the authors discuss the relationship between family law and administration and relations within Relational Theory (Relational Norms) in the past, present, and the future.
Abstract: Acknowledgments1 IntroductionPART ONE: FAMILY LAW 2 Thick Subjects in the Past 3 Contextual Subjects in the Present 4 Contracting and Disputes within Relational Theory PART TWO: ADMINISTRATIVE LAW 5 Thin Subjects in the Past 6 Contextualism Emerges 7 Administration and Relational Norms 8 ConclusionNotesWorks CitedCasesLegislationIndex

33 citations

Book
Robert Leckey1
05 May 2015
TL;DR: In this article, the common law, judging, and three Bills of Rights are discussed and a strike-down of a Bill of Rights is discussed. But the authors do not discuss the legal basis for the strikedown of the bill of rights.
Abstract: Introduction 1. Against Bill of Rights exceptionalism 2. The common law, judging, and three Bills of Rights 3. Judicial review of legislation before Bills of Rights 4. Bills of Rights and other means of accessing judgment 5. Putting the strike-down in its place 6. Remedies from text to practice 7. Improving the system and engaging the legislature 8. Rethinking remedies and constitutional supremacy Conclusion.

27 citations

MonographDOI
11 Jul 2014
TL;DR: The campaigns for same-sex marriage currently being fought across the world rely (increasingly successfully) on two arguments: that love between adults is a universal sentiment, goal and human right; and that marriage, being based on love, should, therefore, be open to any adult couple, regardless of sexuality or gender identity as discussed by the authors.
Abstract: The campaigns for same-sex marriage currently being fought across the world rely (increasingly successfully) on two arguments: that love between adults is a universal sentiment, goal and human right; and that marriage, being based on love, should, therefore, be open to any adult couple, regardless of sexuality or gender identity (e.g., Osterlund 2009; Grossi 2012). Love, in these arguments, is constructed both as a universal feeling and state of being and a socially constructed set of behaviours and regulatory mechanisms. Whereas the former is understood in essentialist terms as part of the human condition, the latter is seen to be flexible, changeable and responsive to changes in societies. Thus are governments exhorted to change with the times and make marriage more inclusive (see Osterlund 2009). In this chapter, love is problematized, and by extension marriage, in order to draw attention to a gap that has appeared in the debates about equality for those in same-sex relationships.

24 citations

Journal ArticleDOI
Robert Leckey1
TL;DR: In this article, the structural difficulty of amending the civil law's fundamental institution of filiation to recognize two parents of the same sex has been highlighted, highlighting the potential in systematic legislative reform.
Abstract: To advance debates on legal responses to parenting by gay and lesbian couples, the paper introduces reforms enacted by the legislature of Quebec, a civil law jurisdiction with a codified private law, in 2002. Quebec's pioneering regime permits two persons of the same sex to register as a child's parents from birth, not only by adoption. They may do so if they conceived the child as part of a "parental project." Moreover, a person alone may have a child via a parental project. The paper identifies the policy choices reflected in the amendments and highlights weaknesses in the drafting, instructive to policy makers in civil law or common law jurisdictions. It emphasizes the structural difficulty of amending the civil law's fundamental institution of filiation to recognize two parents of the same sex. Comparing with ad hoc judicial developments from a Canadian common law province, it underscores the potential in systematic legislative reform. Conservative scholars have resisted the new regime as an inappropriate departure from the pursuit of filiation's biological vocation. The study reveals how selectively jurists may remember the past and how swiftly they may characterize innovations relating to parentage - such as the earlier abolition of illegitimacy - as natural. The mingling of biological fact and fiction in the new regime underscores the similar blending in more traditional forms of filiation.

23 citations

Journal ArticleDOI
Robert Leckey1
TL;DR: In this article, the authors use a culturally alert, discursive methodology of comparison to study regulation of unmarried cohabitation under the common law and civil law as well as the effect of an entrenched right to equality protecting against marital status discrimination.
Abstract: The paper intervenes in current policy debates on unmarried cohabitation and comparative law debates on methodology. It adopts a culturally alert, discursive methodology of comparison to study regulation of unmarried cohabitation under the common law and civil law as well as the effect of an entrenched right to equality protecting against marital status discrimination. It identifies not different legislative solutions to a common problem, but distinct discourses of family law regulation. Yet the approaches are less radically opposed than is often thought. Discursive comparison tends to highlight dominant voices at the expense of minority ones, wrongly characterising minority views as foreign to a tradition. Discursive comparison should not confine itself to a synchronic view of present legal debates; a richer diachronic approach will also attend to views within a legal tradition's past.

20 citations


Cited by
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Posted Content
TL;DR: McQueen et al. as mentioned in this paper presented a special symposium issue of Social Identities under the editorship of Griffith University's Rob McQueen and UBC's Wes Pue and with contributions from McQueen, Ian Duncanson, Renisa Mawani, David Williams, Emma Cunliffe, Chidi Oguamanam, W. Wesley Pue, Fatou Camara, and Dianne Kirkby.
Abstract: Scholars of culture, humanities and social sciences have increasingly come to an appreciation of the importance of the legal domain in social life, while critically engaged socio-legal scholars around the world have taken up the task of understanding "Law's Empire" in all of its cultural, political, and economic dimensions. The questions arising from these intersections, and addressing imperialisms past and present forms the subject matter of a special symposium issue of Social Identities under the editorship of Griffith University's Rob McQueen, and UBC's Wes Pue and with contributions from McQueen, Ian Duncanson, Renisa Mawani, David Williams, Emma Cunliffe, Chidi Oguamanam, W. Wesley Pue, Fatou Camara, and Dianne Kirkby. This paper introduces the volume, forthcoming in late 2007. The central problematique of this issue has previously been explored through the 2005 Law's Empire conference, an informal but vibrant postcolonial legal studies network.

1,813 citations

Journal ArticleDOI
01 Nov 2008
TL;DR: Jasbir Puar as mentioned in this paper argues that by accepting their new civil rights, gay people in the USA become complicit in war and imperialism, and argues that it is not just assimilated gay people who are complicit, but also transgressive queers who, she suggests, too frequently elide their own class and racial privilege.
Abstract: Jasbir Puar's ambitious book offers a densely woven web of engagements with key debates in queer theory. The central focus is the multiple biopolitical configurations of sex, sexuality, race, and gender that have been unleashed by the war on terror, examining how the limited extension of civil rights for lesbians and gay men in the USA and Europe has allowed the USA and its allies to present the continuing wars in Iraq and Afghanistan as human rights missions against `backward' Islamic states that oppress women and gay men. She suggests sexual freedom is no longer perverse, but a strand of US and British exceptionalism that provides the `moral authority' to intervene in the affairs of other states. Puar argues that, by accepting their new civil rights, gay people in the USA become complicit in war and imperialism. Her work seeks to `̀ exhume the convivial relations'' (page xiv) between queerness and militarism. And she does mean `queerness'; Puar maintains that it is not just assimilated gay people who are complicit, but also transgressive queers who, she suggests, too frequently elide their own class and racial privilege. In this context, Puar's work extends recent debates surrounding homonormativity, moving away from a class-centred critique of the ways in which certain lesbian and gay populations have been incorporated into mainstream consumption, and refocusing the terms of the debate around homonationalism, or the ways in which lesbians and gay men (in the USA) have become aligned with the interests of the state. While her argument may be valid for the USA, I found Puar's attempt to extend her analysis to a European context both challenging and less convincing. Terrorist Assemblages opens with an interrogation of the links between contemporary homonationalism and biopolitics. The rise of homonationalism is then explored further through an excavation of the `sexuality of terrorism'. This chapter charts the trajectories of different sexualised discourses in the years since 9/11, noting how queer and feminist critiques have frequently, if unwittingly, reproduced imperialist representations of the queer sexualities of terrorists. This theme is pursued subsequently through a discussion of US sexual exceptionalism and how, in the aftermath of the revelations of torture at Abu Ghraib, Muslim masculinities were represented through a number of contradictory frames, as simultaneously `̀ sexually excessive and repressive'' (page xxv). Although these initial chapters highlight the conservative consequences of US homonationalism, the third chapter examines the simultaneous production of queer, liberal subjects through a discussion of the debates surrounding the decriminalisation of sodomy in the USA in 2003. Puar argues that celebratory queer readings of the 2003 Lawrence v Texas ruling, framed as it was on an assumption that same-sex couples are worthy of having their domestic privacy protected from state surveillance, only stand up if they ignore the biopolitical economies of control and the intensified surveillance of other bodies unleashed by the US Patriot Act. The exploration of queer, liberal subject formations is extended through a discussion of the pressures on South Asian queer diasporas in the USA to conform to homonormative imperatives. In this final chapter, Puar begins an affective reading of the troubling and confusing bodies of turban-wearing Sikh Americans (who are frequently mistaken for Muslim terrorists). This affective approach is intensified in the conclusion of the book, where Puar proposes rethinking queerness as neither identity, nor anti-identity, but as a spatially and temporally contingent assemblage with a focus on becoming; a queerness that offers corporeal convergences beyond intersectionality, attuning instead to the movements, intensities, and energies inhabiting events, spaces, and corporealities. She seeks a queerness that challenges the fixity of racial and sexual taxonomies that can be measured and used to separate us from them. This queerness deprivileges the queer/not queer binary, moving beyond an approach that is exclusively resistant and dissenting, to one that acknowledges its own complicity in the production Reviews Environment and Planning A 2008, volume 40, pages 2791 ^ 2792

358 citations