An Army of Lovers?: Queering the Ministry of Defense Report of the Homosexual Policy Assessment Team

Certain queer theorists argue that gay men and lesbians are banned from military service in certain countries not due to a fear of otherness. Instead, they are prohibited from serving precisely because of a fear that the opposite might be true -- that introducing openly gay people into a \u27homosocial\u27 environment might destabilize accepted notions of sexuality among members of the service who presently constitute themselves as heterosexual. This article explores that idea in the context of the Report of the Homosexual Policy Assessment Team established to defend exclusion of openly gay people from military service in the United Kingdom. The Report justified the continued exclusion of openly gay service members (a ban subsequently dropped), by arguing that this would provoke a hostile, violent reaction from non-homosexual military personnel, undermining \u27unit cohesion.\u27 By subjecting the Report to what Janet Halley describes as an aggressive, unsympathetic reading, this article reveals a hidden rationale. The hidden rationale is that categories of sexual identity are inherently unstable and that acceptance of openly-acknowledged homosexual conduct could cause an increase is homosexual activity or acknowledgement of homosexual or bisexual desires among personnel previously regarded as heterosexual. The article argues that this hidden rationale of the authors of the military report ironically intersects with beliefs of so-called \u27queer theorists,\u27 who refuse to accept notions of fixed and unchanging categories of sexuality. The UK military may share a belief that categories of sexual identity are not inherent, but rather malleable and indeterminate

The Birth of the European Union: US and UK Roles in the Creation of a Unified European Community

The United States jealously guards its national sovereignty. This has been reflected in reluctance to participate fully in international agreements or organizations with a \u27supranational\u27 flavor, such as the International Criminal Court or the Kyoto Protocols. It is therefore surprising to find that the United States was one of the principal architects of the supranational characteristics of what has developed into the European Union. Specifically, the earliest stages of European integration, which is embodied in the European Coal and Steel Community Treaty, were heavily influenced by US insistence on creation of supranational institutions that could exert dominance over sovereign European governments. The United Kingdom, one of the leading European powers after the end of the Second World War, sought to undermine efforts to create a \u27supranational\u27 Europe. The UK feared that being part of a more deeply integrated Europe might undermine its \u27special relationship\u27 with the United States. Ironically, its stance in opposition to deeper European integration annoyed US authorities and damaged its relationship with the US. This paper traces the respective roles of the US and the UK in the creation of the European Coal and Steel Commmunity, and reveals a US role often overlooked in legal treatments of the early steps towards the modern European Union

Irish Gay Men and Tourism: Behaviours and Motivations

This paper is an exploratory study of the holiday practices of an increasingly important segment of the Irish tourism market: gay men. Studies show that gay men are, in many respects, desirable tourists: they tend to be more highly educated, have greater disposable incomes and a higher propensity to travel than non-gay people. Yet there has been relatively little research – and virtually none in an Irish context – concerning gay male holiday motivations, destination choice and behaviours. After reviewing the existing literature on gay men and tourism, this paper employs qualitative research methods – primarily focus groups, semi-structured interviews and participant observation – in an attempt to identify: Why do Irish gay men go on holiday? Where do they go on holiday and why do they go there? What role does sexuality play in their holiday decision making? How do they define a ‘gay holiday’? Would they go on a gay holiday? What role does sexuality play in the deselection of holiday destinations? These basic research enquiries facilitate a testing of various hypotheses found in the international tourism literature, including: that gay men employ tourism in ‘constructing’ a ‘gay identity’; that availability of sexual encounters is a significant motivating factor in holiday choice among gay men, and; that sexuality plays a much larger role in the deselection of potential holiday destinations than in the selection of where to go on holiday. My findings include: that ‘culture’ is a stronger motivating factor than ‘sexuality’ in choice of a holiday destination among Irish gay men; that once a holiday destination has been chosen, research is undertaken to determine the ‘gay scene’ at the prospective holiday destination; that Irish gay men use the internet to explore the gay scene at a holiday destination, including personal contact with individuals to inquire about the gay scene; that homosexuality is a much larger factor in the ‘deselection’ of a holiday destination than in the selection of a destination, and; that Irish gay men are not attracted to the notion of a ‘gay holiday’, which they define in various ways. Finally, there is a suggestion that certain Irish men may use tourism as a means of avoiding self-identification as gay or bisexual, rather than as a means of constructing a gay identity

Irish Gay Men and Tourism: Behaviours and Motivations

This paper is an exploratory study of the holiday practices of an increasingly important segment of the Irish tourism market: gay men. Studies show that gay men are, in many respects, desirable tourists: they tend to be more highly educated, have greater disposable incomes and a higher propensity to travel. Yet there has been relatively little research – and virtually none in an Irish context – concerning gay male holiday destination choice, behaviours, and motivations. After reviewing the existing literature on gay men and tourism, this paper employs qualitative research methods – primarily focus group, depth interviews and observation – in an attempt to identify: How do they define a ‘gay holiday’? Would they go on a gay holiday? Where do Irish gay men go on holiday? What role does sexuality play in their holiday decision making? What are their experiences with tourism providers? These basic research enquiries facilitate a testing of various hypotheses found in the international tourism literature, including: that gay men employ tourism in ‘constructing’ a ‘gay identity,’ and that availability of sexual encounters is a significant motivating factor in holiday choice among gay men. This paper will be of interest to practitioners who might wish more insight into this potentially lucrative tourism market, and to academics interested in the role that tourism can play in identity construction and self actualisation. Working together in this field, practitioners and academics can help create tourism products that attract high-spending tourists while providing life-affirming experiences

The Amended Proposal for a Directive on Services in the Internal Market and its Potential Impact on the Irish Tourism Industry

The European Union Services Directive, Directive 2006/123, was very controversial. The popular press focused on that aspect of the Directive which would have allowed employers to comply with the \u27home\u27 regulations when offering services in an EU \u27host\u27 country. For example, a cleaning service could employ Polish workers to clean Irish offices and paid them according to Polish minimum wage laws. As a result of the controversy, this aspect of the Directive was dropped. The controversy deflected attention from the broader impact of the Services Directive. The Directive, as ultimately adopted, will require member states to conduct an \u27audit\u27 of all rules and national regulations impacting on cross-border provision of services. Some will have to be eliminated as a potential violation of the Directive (e.g., the requirement of a physical office in the host member state). Other regulations will have to be defended as necessary and proportionate to the pursuit of a legitimate aim. In addition, member states will have to streamline and simplify the procedures by which one obtains permission to provide services across borders into the host member state. This will require the establishment of a central facility through which all necessary information can be obtained. It must be possible to do this online. The Services Directive will have a major impact on the Irish tourism industry, one of the largest industries in Ireland. This industry is rife with protectionist rules and regulations, and lacks the transparency required under the Directive. This article examines this overlooked aspect of the impact of the Services Directive

The Search for Coherence in the Use of Foreign Court Judgements by the Supreme Court of Ireland

The reference to foreign court judgments by the US Supreme Courts - particularly in cases involving the US Constitution - has sparked controversy. This controversy flared in Lawrence v. Texas, where Justice Scalia criticized Justice Kennedy for reference to judgments by the European Court of Human Rights in Justice Kennedy\u27s majority opinion striking down the Texas sodomy statute. This article examines the issue from a different perspective: references to \u27foreign\u27 court judgments (including US Supreme Court opinions) by the Supreme Court of Ireland. The article examines the Irish Supreme Court\u27s use of judgments from the European Court of Justice, the European Court of Human Rights and the US Supreme Court. The article argues that the Irish Supreme Court\u27s attitude to reference to \u27foreign\u27 court judgments depends upon whether the Irish Court occupies a vertical or horizontal position with respect to the other court. Where the Irish Court\u27s relationship is horizontal (meaning in essence that the other court cannot overrule or directly criticize the Irish Court), the Irish Court is less reluctant to refer to the foreign judgment. When the relationship is vertical (in the sense that the other court can criticize or overrule the Irish court), the Irish Court is more reluctant to refer to the foreign judgment. The article examines a number of Irish cases in support of this thesis. It concludes that because the relationship with the European Court of Human rights is vertical, the Irish Court is reluctant to refer to these cases in the Irish Court\u27s opinion. On the other hand, because the relationship with the US Supreme Court is horizontal, the Irish Court shows less reluctance in citing US Supreme Court opinions

Criminalizing Corporate Killing: the Irish Approach

The debate on criminal corporate liability in the United States might benefit from a comparative perspective: How have other countries treated the criminal liability of corporate entities? This benefit might be enhanced by focusing on a country with a similar legal heritage to the United States—a country with a common law legal system inherited from the British. And, it would help if that country were concurrently examining the issue of criminal corporate liability. Interesting questions might include: What issues dominate the debate? How are issues of punishment, reparations, and rehabilitation handled? Is a legislative approach contemplated? The purpose of this Article is to offer one such alternate perspective, the Irish perspective

US Supreme Court Confronts \u27Right to Die\u27

This article covers the US Supreme Court\u27s decisions regarding physician-assisted suicide for a UK audience