{"title":"Before Equal Protection: The Fall of Cross-Dressing Bans and the Transgender Legal Movement, 1963–86","authors":"Kate Redburn","doi":"10.1017/S0738248022000384","DOIUrl":"https://doi.org/10.1017/S0738248022000384","url":null,"abstract":"Abstract Scholars are still unsure why American cities passed cross-dressing bans over the closing decades of the nineteenth century. By the 1960s, cities in every region of the United States had cross-dressing regulations, from major metropolitan centers to small cities and towns. They were used to criminalize gender non-conformity in many forms - for feminists, countercultural hippies, cross-dressers (or “transvestites”), and people we would now consider transgender. Starting in the late 1960s, however, criminal defendants began to topple cross-dressing bans. The story of their success invites a re-assessment of the contemporary LGBT movement’s legal history. This article argues that a trans legal movement developed separately but in tandem with constitutional claims on behalf of gays and lesbians. In some cases, gender outlaws attempted to defend the right to cross-dress without asking courts to understand or adjudicate their gender. These efforts met with mixed success: courts began to recognize their constitutional rights, but litigation also limited which gender outlaws could qualify as trans legal subjects. Examining their legal strategies offers a window into the messy process of translating gender non-conforming experiences and subjectivities into something that courts could understand. Transgender had to be analytically separated from gay and lesbian in life and law before it could be reattached as a distinct minority group.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"679 - 723"},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47274282","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Complicating Conformity","authors":"Marie-Amélie George","doi":"10.1017/S0738248022000670","DOIUrl":"https://doi.org/10.1017/S0738248022000670","url":null,"abstract":"In the fall of 1989, the queer community became embroiled in a fierce debate over whether to press for marriage rights. Two attorneys from Lambda Legal, a leading gay and lesbian rights organization, set out the competing considerations in the pages of Out/Look, a community magazine. Tom Stoddard, the then-executive director, argued that the movement should prioritize marriage rights because that strategy provided the surest path to equality. Paula Ettelbrick, Lambda's Legal Director, disagreed. She conceded that marriage provided “the ultimate form of acceptance” and “an insider status of the most powerful kind.” That fact, however, was the problem. Gays and lesbians, she argued, should not be focused on assimilating to the mainstream, but rather should pursue justice for those who were different.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"819 - 826"},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46211266","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Rebellion, Sovereignty, and Islamic Law in the Ottoman Age of Revolutions – CORRIGENDUM","authors":"Will Smiley","doi":"10.1017/S0738248022000359","DOIUrl":"https://doi.org/10.1017/S0738248022000359","url":null,"abstract":"","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"875 - 875"},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49343096","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Lisa Ford, The King's Peace: Law and Order in the British Empire. Cambridge, MA: Harvard University Press, 2021. Pp. 336. $35.00 hardcover (ISBN 9780674249073).","authors":"Christopher Roberts","doi":"10.1017/s0738248022000633","DOIUrl":"https://doi.org/10.1017/s0738248022000633","url":null,"abstract":"","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"869 - 871"},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46709821","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Michael Lobban, Imperial Incarceration: Detention without Trial in the Making of British Colonial Africa Cambridge: Cambridge University Press, 2021. Pp. xii, 450. $120.00 hardcover (ISBN 9781316519127); open access pdf (ISBN: 9781009004848).","authors":"Erin E. Braatz","doi":"10.1017/S073824802200061X","DOIUrl":"https://doi.org/10.1017/S073824802200061X","url":null,"abstract":"","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"867 - 868"},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"56963539","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Meet Me in Pervert Park: Epistemology, Positionality, and Praxis in the Queer History of Policing and the Law","authors":"S. Maynard","doi":"10.1017/S0738248022000682","DOIUrl":"https://doi.org/10.1017/S0738248022000682","url":null,"abstract":"Just a stone's throw from the campus of the university in Kingston, Ontario, where I teach, is a small park. Hugging a rocky stretch of Lake Ontario shoreline, Macdonald Park, named after Canada's first prime minister, is better known by locals as “Pervert Park.” Since at least World War II, Pervert Park has been the primary cruising ground in Kingston for men searching for sex with other men, a meeting place for a mix of mostly working-class men, men stationed at the nearby military base, and the occasional intrepid university student. For women, the park's name references a different kind of pervert and signals the potential danger of walking alone in the park at night. Two of the park's main features are the Newlands Pavilion, a bandstand built in 1896, and the Richardson bathhouse, which is really a public washroom and changing facility, and which, when it first opened in 1919, boasted lockers, hot-water showers, and a list of “rules that would be enforced to maintain decorum in the bathing house.” A paved path, punctuated by park benches, connects the pavilion and bathhouse, which, after dark, conveniently becomes an oval track for men cruising around and sometimes having sex behind the pavilion and bathhouse.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"827 - 837"},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45575779","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Sascha Auerbach, Armed with Sword and Scales: Law, Culture, and Local Courtrooms in London, 1860–1913 Cambridge: Cambridge University Press, 2021. Pp. xxii, 403. $99.99 hardcover (ISBN 978-1-108-49155-6).","authors":"Allyson N. May","doi":"10.1017/S0738248022000608","DOIUrl":"https://doi.org/10.1017/S0738248022000608","url":null,"abstract":",","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"865 - 867"},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44650857","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Henrietta Harrison, The Perils of Interpreting. The Extraordinary Lives of Two Interpreters between Qing China and the British Empire Princeton: Princeton University Press, 2021. Pp. 312. $29.95 hardcover (ISBN 9780691225456).","authors":"G. Abbattista","doi":"10.1017/s0738248022000621","DOIUrl":"https://doi.org/10.1017/s0738248022000621","url":null,"abstract":"","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"871 - 874"},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45962320","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"“To Save the Benefit of the Act of Parliamt”: Mapping an Early American Copyright","authors":"Nora Slonimsky","doi":"10.1017/S0738248022000475","DOIUrl":"https://doi.org/10.1017/S0738248022000475","url":null,"abstract":"Abstract While the reach of Parliament was hotly contested in eighteenth-century America, there was one Act in particular that proved especially complicated for geographer Lewis Evans and his daughter, Amelia Evans Barry. Believing that English copyright law did not extend to Philadelphia in the 1750s, Lewis Evans drew on a variety of tools and circumstances to, in essence, craft his own interpretation of what benefits of copyright he and his family could obtain. Rather than formal copyright disputes involving legal documentation, this particular episode focused on other aspects of A General Map of the Middle British Colonies, In America. Inheriting the copyright to A General Map from her father, Amelia Evans Barry in turn sought to enforce and recreate a claim to literary labor over subsequent decades. The result was a unique story of copyright’s origins in America that also underscored the challenge of enforcing structures of power and perceptions of authority, particularly over geographic media, in the British empire. The boundaries of jurisdiction and sovereignty, the same ones depicted in A General Map, were that much more difficult to enforce when it came to intellectual property.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"625 - 654"},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46395626","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Adriana Chira, Patchwork Freedoms: Law, Slavery, and Race Beyond Cuba's Plantations Cambridge: Cambridge University Press, 2022. Pp. 320. $102.95 hardcover (ISBN 9781108499545); $33.95 paperback (ISBN 9781108730808); $24 ebook (ISBN 9781108606677).","authors":"Mariana Armond Dias Paes","doi":"10.1017/S0738248022000645","DOIUrl":"https://doi.org/10.1017/S0738248022000645","url":null,"abstract":"A patchwork is made up of many bits of cloth of different colors, materials, and patterns woven together to beautiful effect. That is an accurate metaphor for the careful work that Adriana Chira has done in Patchwork Freedoms: Law, Slavery, and Race Beyond Cuba ’ s Plantations . She has stitched together bits of information found in various sources and forged a cutting-edge argument about the making of law in Santiago de Cuba, where long-standing, custom-based manumission practices and widespread popular legalism crafted an enti-tled peasantry of African descent in the region. Chira ’ s findings are based on a meticulous analysis of court cases, testaments, manumission papers, parish records, official correspondence, and juridical writings.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"863 - 865"},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43615422","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}