Conflicts of law and the mutual recognition of same-sex unions in the EU

My thesis uses legal arguments to demonstrate a requirement for recognition of same-sex marriages and registered partnerships between EU Member States. I draw on the US experience, where arguments for recognition of marriages void in some states previously arose in relation to interracial marriages. I show how there the issue of recognition today depends on conflicts of law and its interface with US constitutional freedoms against discrimination. I introduce the themes of the importance of domicile, the role of the public policy exception, vested rights, and relevant US constitutional freedoms. Recognition in the EU also depends on managing the tension between private international law and freedoms guaranteed by higher norms, in this case the EU Treaties and the European Convention on Human Rights. I set out the inconsistencies between various private international law systems and the problems this creates. Other difficulties are caused by the use of nationality as a connecting factor to determine personal capacity, and the overuse of the public policy exception. I argue that EU Law can constrain the use of conflicts law or public policy by any Member State where these are used to deny effect to same-sex unions validly formed elsewhere. I address the fact that family law falls only partly within Union competence, that existing EU Directives have had limited success at achieving full equality and that powers to implement new measures have not been used to their full potential. However, Treaty provisions outlawing discrimination on grounds of nationality can be interpreted so as to require recognition in many cases. Treaty citizenship rights can also be interpreted favourably to mandate recognition, once private international law is itself recognised as an obstacle to free movement. Finally, evolving interpretations of the European Convention on Human Rights may also support claims for cross-border recognition of existing relationships.

Formal linguistic approaches to heritage language acquisition: bridges for pedagogically oriented research

The goal of this chapter is to lay out the central themes of heritage language acquisition research adopting a formal/theoretical linguistic perspective.  Specifically, we aim to provide a detailed discussion of the nature of heritage language grammars. In doing so, we will address the debates on how to explain heritage speaker competence differences from monolingual baselines and more. This chapter will not be limited to discussions of Spanish as a heritage language, but rather will highlight the important role that Spanish has played and will continue to play in the development of heritage language acquisition studies. Finally, we will offer some comments/insights on how the information covered regarding the formal linguistic properties of heritage speaker knowledge should be considered for and implemented in heritage language pedagogies and thus dealing with heritage speakers in the classroom setting.

The acquisition of verbal paradigms in Dutch and Greek L2 children: cross-linguistic differences and inflectional defaults

Previous research with children learning a second language (L2) has reported errors with verb inflection and cross-linguistic variation in accuracy and error patterns. However, owing to the cross-linguistic complexity and diversity of different verbal paradigms, the cross-linguistic effects on the nature of default forms has not been directly addressed in L2 acquisition studies. In the present study, we compared accuracy and error patterns in verbal agreement inflections in L2 children acquiring Dutch and Greek, keeping the children’s L1 constant (Turkish). Results showed that inflectional defaults in Greek follow universal predictions regarding the morphological underspecification of paradigms. However, the same universal predictions do not apply to the same extent to Dutch. It is argued that phonological properties of inflected forms should be taken into account to explain cross-linguistic differences in the acquisition of inflection. By systematically comparing patterns in child L2 Dutch and Greek, this study shows how universal mechanisms and target language properties work in tandem in the acquisition of inflectional paradigms.