Law and society, gender issues Books

Book SynopsisTrade Review“A uniquely valuable intervention. Those of us--and I would say that is the majority of us who live our lives ‘in freedom’--are importuned by the book’s address, to wake up, to care, because what we perceive as our ‘freedom’ made available, so we think, as a consequence of living in the crucible of liberal ideals and beliefs--is inextricably bound up with the logics of incarceration.”--Fawzia Afzal-Khan, author of Siren Song: Understanding Pakistan Through its Women SingersTable of ContentsForeword Demita Frazier Acknowledgments Introduction Shreerekha Pillai Part One: Carceral Narratives and Fictions Poems: Honorée Fanonne Jeffers, “Pantoum for a Black Man on a Greyhound Bus” and “Lost Letter #27: John Peters, Boston-Gaol to Phillis Wheatley Peters, Boston, December 3, 1784″ 1. Carceral Trauma at the Intersections of Race, Class, Gender, Sexuality, and Maternity Cassandra D. Little 2. Prisons and Politics: Conceptualizing Prison Memoirs Shailza Sharma 3. Seeing Orange: Mediatizing the Prison Empire Shreerekha Pillai 4. Emptied Chairs and Faceless Inmates: A Critical Analysis of the Texas Prison Museum Beth Matusoff Merfish Poems: Ravi Shankar, “Against Innocence” and “Sunday School” The Stories that will not be Confined Poems: Solmaz Sharif, “Reaching Guantánamo” Part Two: Carceral Bodies and Systems Poem: Jeremy Eugene, “Space” 5. These Stories Will Not Be Confined Joanna Eleftheriou 6. Cornered: Day Laborers, Criminalization and Rituals of Democracy in Texas Francisco Argüelles Paz y Puente, aka Pancho 7. Resisting Criminalization: Principles, Practicalities, and Possibilities of Alternative Justices Beyond the State Autumn Elizabeth, Zarinah Agnew, D Coulombe 8. Going Carceral? Analyzing Written and Visual Representations of Prison Yoga Programs Tria Blu Wakpa and Jennifer Musial 9. Vacant Refuge, Unfinished Resettlement: Gendered Nativism and the Experience of Ambivalence among Displaced Syrian Iraqi and Women and Children in Houston, Texas Maria F. Curtis 10. Gendered Punishment and Social Control: Silenced Memories of Women in Wartime Peru Marta Romero-Delgado 11. Bad Girls of Pindra Tod Alka Kurian Poem: Javier Zamora, “Citizenship” Contributors Index

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Book SynopsisA poignant account of everyday polygamy and what its regulation reveals about who is viewed as an "Other" In the past thirty years, polygamy has become a flashpoint of conflict as Western governments attempt to regulate certain cultural and religious practices that challenge seemingly central principles of family and justice. In Forbidden Intimacies, Melanie Heath comparatively investigates the regulation of polygamy in the United States, Canada, France, and Mayotte. Drawing on a wealth of ethnographic and archival sources, Heath uncovers the ways in which intimacies framed as "other" and "offensive" serve to define the very limits of Western tolerance. These regulation efforts, counterintuitively, allow the flourishing of polygamies on the ground. The case studies illustrate a continuum of justice, in which some groups, like white fundamentalist Mormons in the U.S., organize to fight against the prohibition of their families' existence, whereas African migrants in France face racialized discrimination in addition to rigid migration policies. The matrix of legal and social contexts, informed by gender, race, sexuality, and class, shapes the everyday experiences of these relationships. Heath uses the term "labyrinthine love" to conceptualize the complex ways individuals negotiate different kinds of relationships, ranging from romantic to coercive. What unites these families is the secrecy in which they must operate. As government intervention erodes their abilities to secure housing, welfare, work, and even protection from abuse, Heath exposes the huge variety of intimacies, and the power they hold to challenge heteronormative, Western ideals of love. Trade Review"An important intervention into racialized gendered states and their making of marriage and intimacy norms. It beautifully exposes the social consequences of government regulation, reminding us that the family and home are not private spheres, especially among those stigmatized as different."—Eileen Boris, University of California, Santa Barbara"This is a valuable contribution to the literature. It provides a fresh look at globalized pressures to rid western culture of controversial or unsavory practices, such as polygyny. Highly recommended."—Janet Bennion, Northern Vermont University"Forbidden Intimacies provides an outstanding and much-needed map of the many forms that polygamy takes across borders of nation, race, language, culture, law, policy, and time period. Melanie Heath's innovative methodologies, extensive data set, and analysis make the book an essential tool for historical, sociological, and legal investigations of family, and also for work on gaps between law-on-the-books and law-in-action."—Martha Ertman, University of Maryland Law School"This beautifully honed study definitively overturns misconceptions of polygamy. Indeed, it transforms our understandings of these non-monogamous racialized marital forms through multi-sited ethnography and comparative, intersectional, and transnational analysis. Its gift is to show that plural marriages endure in complex ways due to and despite impositions of state governance and white Christian nationalisms in the west."—Jyoti Puri, Simmons University"With empathy and intelligence, Forbidden Intimacies examines the troubled debates around polygyny, marriages involving one husband with two or more wives. Tradition? Oppression? Choice? Crime? With illuminating case studies from three countries, Melanie Heath throws new light on women's agency, patriarchal power, criminalization, and the racial projects of modern states."—Raewyn Connell, University of Sydney"[Heath] explores how the state shapes (and is shaped by) intimate expression and concludes that governments oftenprohibitthese forms of intimacy in an effort to 'uphold the white, monogamous, heterosexual family ideal' and demarcate boundaries of sexual acceptance, boundaries that ultimately contribute to notions of national identity. An important contribution to the field of sexuality, marriage, and family studies. Recommended."—J. R. Mitrano, CHOICE"[Forbidden Intimacies] is methodologically innovative, and the data and analysis provided by Heath make important contributions to our understanding of national identities, colonialism, culture, gender, race, and family.... Heath's methods provide an excellent example of how to do Sociology and should be required reading for anyone who does or is learning to do sociological research."—Mimi Schippers, Social ForcesTable of ContentsIntroduction: Forbidden Intimacies in Global Perspective 1. Racial Projects and Unexpected Divergences in Regulating Polygyny 2. Labyrinthine Love and Homegrown Polygamies 3. Migratory Polygamies: Racialization and Colonial Reckonings 4. Patriarchal Musings: Gender, Power, and Agency in Living Forbidden Intimacies 5. Race, Religion, and Stigmatized Intimacies: Pushing Polygynous Families Underground 6. Recognizing Polygamies: Fighting Over Intimacy Conclusion: Forbidden Intimacies, Racial Projects, and Legal Jeopardy

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Book SynopsisLady Hale is an inspirational figure admired for her historic achievements and for the causes she has championed. Spider Woman is her story. As 'a little girl from a little school in a little village in North Yorkshire', she only went into the law because her headteacher told her she wasn't clever enough to study history. She became the most senior judge in the country but it was an unconventional path to the top. How does a self-professed 'girly swot' get ahead in a profession dominated by men? Was it a surprise that the perspectives of women and other disadvantaged groups had been overlooked, or that children's interests were marginalised? A lifelong smasher of glass-ceilings, who took as her motto 'women are equal to everything', her landmark rulings in areas including domestic violence, divorce, mental health and equality were her attempt to correct that. As President of the Supreme Court, Lady Hale won global attention in finding the 2019 prorogation of Parliament to be unlawful. Yet that dramatic moment was merely the pinnacle of a career throughout which she was hailed as a pioneering reformer. Wise, warm and inspiring, Spider Woman shows how the law shapes our world and supports us in crisis. It is the story of how Lady Hale found that she could overcome the odds, which shows that anyone from similar beginnings will find that they can cope too.Trade ReviewBrenda Hale is a superhero who embodies Parker's law that great power brings equivalent responsibility. Her wise, accessible memoir is essential, entertaining and inspirational reading for all lovers of freedom, equality and justice -- Shami ChakrabartiWhat a life, what a story... Spider Woman is restrained, warm, dryly funny ... and an inspiration to all women to aim high... Whatever her title, Brenda Hale rocks -- Melanie Reid * The Times *Inspirational and iconic -- Philippe SandsA feminist icon... Her success story is an inspiration for men and women both - showing that law matters -- Baroness Helena Kennedy QCThis book is not only essential reading for anyone who is in the Law or interested in the Law but it is also a fascinating personal story -- Cherie Blair

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Book SynopsisTrade Review"Ashwini Tambe’s Defining Girlhood in India is eloquently written, empirically grounded, and persuasively argued." --Journal of Women's History"By employing a transnational feminist lens to investigate sexual maturity laws that informed the idea of girlhood, this book represents a significant contribution to the field of girlhood studies." --Contemporary South Asia "Defining Girlhood weaves an otherwise rich and extensive tale of the 'girl child' as a rapidly morphing but always potent signifier in Indian and international politics." --Journal of Asian Studies "Defining Girlhood in India emerges as a well-timed and much-needed genealogy of the girl child as a political subject. . . . Beautifully written and organized." --Progress in Development Studies

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Book SynopsisMarilyn Easton has been an author and editor for over 10 years. Marilyn currently lives in Los Angeles, CA with her spouse, two dogs, and one cat.

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Book SynopsisThis introductory volume examines the relationship between same-sex legal issues, public opinion, and legislation since the late 1800s and explores the ways in which the American legal system has advanced -- and hindered -- the civil rights of gay, lesbian, bisexual and transgender individuals.

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Book SynopsisDemands for redress of historical injustice are a crucial component of contemporary struggles for social and transnational justice. However, understanding when and why an unjust history matters for considerations of justice in the present is not straightforward. Alasia Nuti develops a normative framework to identify which historical injustices we should be concerned about, to conceptualise the relation between persistence and change and, thus, conceive of history as newly reproduced. Focusing on the condition of women in formally egalitarian societies, the book shows that history is important to theorise the injustice of gender inequalities and devise transformative remedies. Engaging with the activist politics of the unjust past, Nuti also demonstrates that the reproduction of an unjust history is dynamic, complex and unsettling. It generates both historical and contemporary responsibilities for redress and questions precisely those features of our order that we take for granted.Trade Review'This is a major contribution to our thinking about historical injustice, and especially innovative in taking the position of women as a paradigmatic example. By putting gender at the centre of her analysis, Nuti is able to make compelling new arguments about the normative significance of the unjust past.' Anne Phillips, author of The Politics of the Human'Arguing that discussions about historical injustice wrongly conceptualises history, Alasia Nuti reframes the debate by developing a structural account of history. This new account of history, alongside a focus on women, allows us to see historical injustices in new and important ways. This is a provocative and insightful book that is a major contribution to the literature on historical injustice.' Jeff Spinner-Halev, Kenan Professor of Political Science, University of North Carolina, Chapel Hill'In this path-breaking book, Alasia Nuti develops a new way to combine reflections on historical and structural injustice. Taking us beyond reified notions of time, agency or social groups, she suggests a powerful account of political and social justice that speaks to the past, the present and the future.' Rainer Forst, Johann Wolfgang Goethe-Universität Frankfurt am MainTable of Contents1. Introduction; 2. De-temporalising (historical) injustice; 3. The structural reproduction of unjust history; 4. History, injustice and groups; 5. Defining women as a group; 6. Women and the reproduction of unjust history in egalitarian contexts; 7. The policy of the unjust past; 8. The politics of the unjust past; 9. Conclusion: responsibility and the process of redress; References; Index.

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Book SynopsisNow fully revised and updated, this classic textbook is unique in its use of children's rights to evaluate law and policy affecting children across a broad range of areas in their lives. Comprehensive in scope, it features assessments of key topics including parenthood, education, child protection, child poverty and medical law.

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Book SynopsisGender quotas are a controversial policy measure. However, over the past twenty years they have been widely adopted around the world and especially in Europe. They are now used in politics, corporate boards, state and local public administration and even in civil society organizations. This book explores this unprecedented phenomenon, providing a unique comparative perspective on gender quotas'' adoption across thirteen European countries. It also studies resistance to gender quotas by political parties and supreme courts. Providing up-to-date comprehensive data on gender quotas regulations, Transforming Gender Citizenship proposes a typology of countries, from those which have embraced gender quotas as a new way to promote gender equality in all spheres of social life, to those who have consistently refused gender quotas as a tool for gender equality. Reflecting on divergences and commonalities across Europe, the authors analyze how gender quotas may transform dominant conception of Table of ContentsIntroduction: completing the unfinished task? Gender quotas and the ongoing struggle for women's empowerment in Europe Éléonore Lépinard and Ruth Rubio Marín; Part I. Gender Quotas as Transformative Equality Remedies: 1. Gender quotas in Belgium: consolidating the citizenship model while challenging the conception of gender equality Petra Meier; 2. The French parity reform: the never-ending quest for a new gender equality principle Eléonore Lépinard; 3. The role of gender quotas in establishing the Slovene citizenship model: from gender blind to gender sensitive Milica Antić Gaber and Irena Selišnik; 4. Gender quotas in Spain: broad coverage, uneven treatment Tània Verge and Emanuela Lombardo; Part II. Gender Quotas as Symbolic Equality Remedies: 5. The protracted struggle for gender quotas in Greek politics: constitutional reform and feminist mobilization in the EU context Dia Anagnostou; 6. Eppur si muove: the tortuous adoption and implementation of gender quotas in conservative Italy Alessia Donà; 7. From electoral to corporate board quotas: the case of Portugal Ana Espírito-Santo; 8. Gender quotas and women's solidarity as a challenge to the gender regime in Poland Anna Śledzińska-Simon; Part III. Gender Quotas as Corrective Equality Remedies: 9. Quota contagion in Germany: diffusion, derailment, and the quest for parity democracy Sabine Lang; 10. The Austrian paradox: the challenges to transform a conservative gender regime Nora Gresch and Birgit Sauer; Part IV. Gender Quotas as Accessory Equality Measures: 11. The 'natural' prolongation of the Norwegian gender equality policy institution Mari Teigen; 12. Gender equality without legislated quotas in Sweden Lenita Freidenvall; 13. Gender equality without gender quotas: dilemmas in the Danish approach to gender equality and citizenship Lise Rolandsen Agustín, Birte Siim and Anette Borchorst; Conclusion. Assessing the transformative potential of gender quotas for gender equality and democratic citizenship Éléonore Lépinard and Ruth Rubio Marín.

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Book SynopsisThis book seeks to rebalance the relationship between comparison and justification to achieve more effective equality and non-discrimination law. As one of the most distinguished equality lawyers of his generation, having appeared in over 40 cases in the House of Lords and the Supreme Court and many leading cases in the Court of Justice, Robin Allen QC is well placed to explore this critical issue. He shows how the principle of equality is nothing if not founded on apt comparisons. By examining the changing way men and women''s work has been compared over the last 100 years he shows the importance of understanding the framework for comparison. With these insights, he addresses contemporary problems of age discrimination and conflict of equality rights.Table of Contents1. Why comparisons matter?; 2. Establishing an effective right to equal pay for equal work; 3. Comparing across the ages; 4. Comparisons when equality rights are in conflict.

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Book SynopsisGender oppression has been a feature of war and conflict throughout human history, yet until fairly recently, little attention was devoted to addressing the consequences of violence and discrimination experienced by women in post-conflict states. Thankfully, that is changing. Today, in a variety of post-conflict settings--the former Yugoslavia, Afghanistan, Colombia, Northern Ireland --international advocates for women''s rights have focused bringing issues of sexual violence, discrimination and exclusion into peace-making processes. In On the Frontlines, Fionnuala Ní Aoláin, Dina Francesca Haynes, and Naomi Cahn consider such policies in a range of cases and assess the extent to which they have had success in improving women''s lives. They argue that there has been too little success, and that this is in part a product of a focus on schematic policies like straightforward political incorporation rather than a broader and deeper attempt to alter the cultures and societies that are at tTable of ContentsIntroduction ; Key Threads and Themes ; Gender Centrality ; Relevant International Norms ; Part I - Conflict and its Dynamics ; Chapter 1 - Before, During and After Conflict - The Connections for Women ; Mapping the Status of Women Prior to Conflict ; Some Relevant Measures ; Gender, Law, and Social Capital ; A Practical Assessment of the Before and After ; Chapter 2 - Gender and the Forms and Experiences of Conflict ; Women as Political and Military Actors ; Violence, Women, and Victimization ; Masculinities and Conflict ; Part II - Towards Peace ; Chapter 3 - The Significance of Security: Realizing Peace ; Is Gender Central to Security? ; Security Reform and Transition ; Critique of Mainstream Approaches to the Concept of Post-Conflict Security ; So Where is Gender in Security Reform? ; Security Reform, Transition, and Transnational Interests ; A New Paradigm of Gendered Security ; Chapter 4 - Engendering International Intervention ; International Interventions ; The Actors ; Towards Gender Positive Intervention ; Capturing and Retaining Gender Equity Achieved During War ; Chapter 5 - Peacekeeping ; Parameters and Status of Peacekeeping Missions ; Masculinities of Peacekeeping ; Positive and Negative Lessons Learned from Peacekeeping Missions ; Positives and Negatives of Employment and Economic Stimulus ; Sexual Violence and Peacekeeping Missions ; What Would Gender-Positive Peacekeeping Address? ; Legal Accountability ; Codes of Conduct ; Added Gender Roles in Peacekeeping ; Chapter 6 - Disarmament, Demobilization and Reintegration Programs (DDR) ; DDR Programs: What Happens? ; The Power of Gender and DDR ; Deconstructing DDR Programs ; Reconstructing DDR Programs ; Attention to Masculinities ; The Ways Forward ; Chapter 7 - International and Local Criminal Accountability for Gendered Violence ; Sex-Based Violence and Accountability in International Law ; The Legal Journey to Codify Gendered Crimes in Armed Conflicts ; Evidentiary Rules and Sexual Violence ; Other Accountability Mechanisms - Restorative Justice and Other Practices ; Chapter 8 - Remedies ; Truth Processes ; The Gendered Dimensions of Truth Recovery ; How Can Truth Recovery Mechanisms Centralize Gender? ; Reparations ; Lustration, Vetting, and Gender ; Chapter 9 - Law Reform, Constitutional Design, and Gender ; Gender and the Rule of Law in Post-Conflict Societies ; Constitutional Transformation and Post-Conflict Processes ; Process: Peace Agreements as Constitutional Documents ; Constitutional Gender Centrality - Substance and Export ; Reproductive Rights ; Part III - Reconstruction and Development ; Chapter 10 - Gender and Governance ; Post Conflict Governance ; Institution Building ; Governance Conflated with Economic Reconstruction and Democratization ; Gendering Governance ; Chapter 11 - Development Infrastructure: Economics, Health and Education ; The Differing Directions of Post-conflict and Development Fields ; Gender Centrality in Development ; Social Services Justice as the Integration of Post Conflict ; Processes and Development ; Long-term Development

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Book SynopsisChief Justice John Marshall argued that a constitution requires that only its great outlines should be marked [and] its important objects designated. Ours is intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs. In recent years, Marshall''s great truths have been supplanted by originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed as it was in the eighteenth century--that judges must adhere to the original understandings of the founding law. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall''s vision. They describe their approach as constitutional fidelity--not to the indecipherable intent of the framers, but to the principles of the Constitution. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it

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Book SynopsisThis book examines the meanings and significance of the UK Gender Recognition Act within the context of broader social, cultural, legal, political, theoretical and policy shifts concerning gender and sexual diversity, and addresses current debates about equality and diversity, citizenship and recognition across a range of disciplines.Trade Review'A wonderful, scholarly elaboration of a politics of difference, carefully argued and grounded in the claims and experiences of transgender people.' - Fiona Williams, Professor of Social Policy, University of Leeds, UK 'In a nuanced and vivid account of trans people's engagements with gender recognition law, Hines offers important new reflections on the politics of recognition and difference.' - Davina Cooper, Professor of Law & Political Theory, University of Kent, UKTable of Contents1. Theorising Recognition 2. Moving for Recognition 3. Recognition, Misrecognition and Human Rights 4. Claiming and Contesting Recognition 5. Recognising and Regulating Intimate Diversity 6. Governing Diversity 7. From Recognition to a Politics of Difference

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Book SynopsisThe EU has slowly but surely developed a solid body of equality law that prohibits different facets of discrimination. While the Union had initially developed anti-discrimination norms that served only the commercial rationale of the common market, focusing on nationality (of a Member State) and gender as protected grounds, the Treaty of Amsterdam (1997) supplied five additional prohibited grounds of discrimination to the EU legislative palette, in line with a much broader egalitarian rationale. In 2000, two EU Equality Directives followed, one focusing on race and ethnic origin, the other covering the remaining four grounds introduced by the Treaty of Amsterdam, namely religion, sexual orientation, disabilities and age. Eighteen years after the adoption of the watershed Equality Directives, it seems timely to dedicate a book to their limits and prospects, to look at the progress made, and to revisit the rise of EU anti-discrimination law beyond gender. This volume sets out to capture the striking developments and shortcomings that have taken place in the interpretation of relevant EU secondary law. Firstly, the book unfolds an up-to-date systematic reappraisal of the five ‘newer’ grounds of discrimination, which have so far received mostly fragmented coverage. Secondly, and more generally, the volume captures how and to what extent the Equality Directives have enabled or, at times, prevented the Court of Justice of the European Union from developing even broader and more refined anti-discrimination jurisprudence. Thus, the book offers a glimpse into the past, present and – it is hoped – future of EU anti-discrimination law as, despite all the flaws in the Union’s ‘Garden of Earthly Delights’, it offers one of the highest standards of protection in comparative anti-discrimination law.Trade ReviewThe book is a hugely valuable contribution to the existing literature on EU anti-discrimination law and an outstanding piece of scholarly work, providing thought-provoking insights to the way in which the principle of equality applies to race and ethnicity, religion, sexual orientation, age and disability. -- Koen Lenaerts, President of the Court of Justice of the European UnionFor anyone interested in a critical assessment of how EU anti-discrimination law has developed for members of minority groups (religious, ethnic, racial, sexual-identity, others) this is now the place to start, with accessible, readable, thought-provoking chapters by leading and up-and-coming scholars in the field. -- David B. Oppenheimer, Professor of Law at UC Berkeley Law SchoolThis volume goes to the heart of one of the most dynamic and fascinating fields of EU law. We are faced with an excellent contribution, which will be the reference book on EU discrimination law in the years to come, of great benefit to academics, officials, practitioners, judges and anyone interested in anti-discrimination policies in general. -- Allan Rosas, Judge at the Court of Justice of the European UnionThis book is a very special kind of garden guide. It compares today's EU anti-discrimination law with a Garden of Equal Delights. The reason for this, the editors explain, is that despite all its flaws, the EU offers one of the highest standards of protection in comparative anti-discrimination law. Whilst this is true, discrimination is a factually complex field of EU law, and understanding and navigating it is helped immensely by the kind of guide provided by this book. -- Christa Tobler, Professor of European Law at the Universities of Basel (Switzerland) and Leiden (the Netherlands)EU anti-discrimination law is a mixture of significant leaps forward and missed opportunities, which is fairly true for secondary law and decisions of the European Court of Justice. Along these lines, the book edited by Uladzislau Belavusau and Kristin Henrard is a remarkable academic contribution to the development of EU anti-discrimination law beyond gender by diagnosing legal challenges and potential solutions. -- Tamás Gyulavári * European Labour Law Journal *Overall, this is a much-welcomed book that brings systematic analysis to the existing EU anti-discrimination law literature and offers remarkable reflections on the achievements of the 2000 Equality Directives, and their shortcomings and avenues, to introduce further improvements in this field. -- Sara Benedi Lahuerta, University of Southampton * European Law Review *The contributors to the book, well-known experts in the field and upcoming scholars, paint a picture of EU equality law that highlights its aspirational nature, its diversity as well as its sometimes detectable disorganization. They do so in a convincing, comprehensive and thought-provoking manner ... a detailed, carefully researched analysis, which will certainly influence future debates. Moreover, it is a creative contribution to the field of EU equality law. -- Johanna Croon-Gestefeld * Common Market Law Review *[N]o other recent publication can rival EU Anti-Discrimination Law beyond Gender in terms of diversity and the importance of perspectives. The well thought through structure of this anthology, the excellent choice of authors, and the clear message on the potential ways of empowering the concept and tools of EU law make the book extremely important reading for scholars, practising lawyers, experts and NGO activists. -- Aleksandra Gliszczynska-Grabias * International and Comparative Law Quarterly *For [its] focus, as well as for the range and quality of its chapters, the book makes an important contribution to the literature on EU's anti-discrimination law. -- Barbara Havelková * Modern Law Review *Table of ContentsPreface Koen Lenaerts, the President of the Court of Justice of the European Union 1. The Impact of the 2000 Equality Directives on EU Anti-Discrimination Law: Achievements and Pitfalls Uladzislau Belavusau & Kristin Henrard Part I Theoretical and Procedural Aspects 2. Multiple Discrimination in EU Anti-Discrimination Law: Towards Redressing Complex Inequality? Raphaële Xenidis 3. EU Equality Law and Precarious Work Mark Bell 4. The Effective Protection against Racial Discrimination and the Burden of Proof: Making up the Balance of the Court of Justice’s Guidance Kristin Henrard 5. When Equality Directives are not Enough: Taking an Issue with the Missing Minority Rights Policy in the EU? Dimitry Kochenov Part II Race and Ethnicity 6. Eighteen Years of the EU Equality Directive: A Mitigated Balance Mathias Möschel 7. Romani Marginalisation after the Race Equality Directive Morag Goodwin Part III Religion 8. Religious Discrimination in the Workplace: Achbita and Bougnaoui Eugenia Relaño Pastor 9. Unveiling the Culture of Justification in the European Union: Religious Clothing and the Proportionality Review Anna Sledzinska-Simon Part IV Sexual Orientation 10. The Impact of Framework Equality Directive on the Protection of LGB Persons and Same-Sex Couples from Discrimination under EU Law Alina Tryfonidou 11. EU Law as an (In)Direct Source of LGB Rights Philip M. Ayoub Part V Age 12. Justifying Age Discrimination in the EU Rachel Horton 13. EU Age Discrimination Law: A Curse or a Blessing for EU Youth Policy? Beryl Ter Haar Part VI Disability 14. Breaking Down Barriers? The Judicial Interpretation of “Disability” and “Reasonable Accomodation” in EU Anti-Discrimination Law Luísa Lourenço and Pekka Pohjankoski 15. The Influence of the UN Convention on the Rights of Persons with Disabilities on EU Anti-Discrimination Law Lisa Waddington 16. Epilogue: The Limits of Transformative Change in European Equality Law Bruno De Witte

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Book SynopsisIn the past fifteen years there has been a marked increase in the international scholarship relating to women in law. The lives and careers of women in legal practice and the judiciary have been extensively documented and critiqued, but the central conundrum remains: Does the presence of women make a difference? What has been largely overlooked in the literature is the position of women in the legal academy, although central to the changing culture. To remedy the oversight, an international network of scholars embarked on a comparative study, which resulted in this path-breaking book. The contributors uncover fascinating accounts of the careers of the academic pioneers as well as exploring broader theoretical issues relating to gender and culture. The provocative question as to whether the presence of women makes a difference informs each contribution.Trade ReviewThis book encourages lawyers and gives them the strength they need not only to conquer the academic professional world, but also to shape it as teachers, researchers and scientists. -- Helene Evers and Juliane Ottmann * Zeitschrift des Deutschen Jurstinnenbundes (Bloomsbury translation) *A welcome addition to the growing literature on women and gender in law. It adds a perspective which has, until now, been missing and gives a fascinating insight into women in the legal academy … The contributions come from heavyweights in the field … as such the powerful writing and rigorous research which underpins the chapters comes as no surprise … I would recommend the collection to anyone interested in women in law and in law schools generally. -- Jessica Guth * The Law Teacher *This is an excellent collection of essays that has so many dimensions and so much to offer to its readers … It covers enormous ground, not only providing detailed first-hand information and individual case studies, but also broader overviews that deepen our conceptual frameworks … the book makes a significant contribution to a good number of areas within legal scholarship, such as women’s studies, legal biography, legal history, legal education and the sociology of professions, just to name a few. -- Victoria Barnes * Comparative Legal History *An excellent comparative study by an international network of scholars … As the number of women in law schools increases their voices and their needs become louder and more difficult to ignore or silence. This book assists in amplifying some of those voices. -- Nadia Stojanova * Law in Context *Table of ContentsIntroduction: Gender and Careers in the Legal Academy: Overview and Synthesis Ulrike Schultz, FernUniversität in Hagen, Germany PART I GENDER AND CAREERS IN THE LEGAL ACADEMY 1. Gender and Careers in the Legal Academy in Germany: Women’s Difficult Path from Pioneers to a (Still Contested) Minority Ulrike Schultz, FernUniversität in Hagen, Germany 2. Gender and the Legal Academy in the UK: A Product of Proxies and Hiring and Promotion Practices Liz Duff, University of Westminster, UK and Lisa Webley, University of Birmingham, UK 3. The Feminisation of Legal Academia in Quebec: Achievements and Challenges Julie Paquin, University of Ottawa, Canada 4. Women, Difference and Identities in the Brazilian Legal Professoriate Maria da Gloria Bonelli, Federal University of Sao Carlos, Brazil 5. India’s Women Legal Academics: Who They Are and Where You Might Find Them Swethaa S Ballakrishnen, University of California, Irvine, USA and Rupali Samuel is a human rights lawyer and researcher based in New Delhi 6. Women in the Legal Academy at the Law School of the University of Buenos Aires Beatriz Kohen, University of Palermo , Italy, Sonia Ariza Navarrete, University of Palermo, Italy and Maria de los Angeles Ramallo, University of Buenos Aires, Argentina 7. Breaking the Veil of Masculinity? Women and the Legal Academy in Ghana J Jarpa Dawuni, Howard University, USA PART II HISTORY OF WOMEN IN LAW FACULTIES 8. Why not Faster? Women in the Czech and Czechoslovak Legal Academy Jan Kober, Charles University in Prague, Czech Republic 9. Gender and Law Teaching in Scotland Peter Robson, University of Strathclyde, UK 10. Women’s Entry and Integration into Israel’s Legal Academia: History, Story, Non-Story and the Men(tor) Eyal Katvan, Peres Academic Center, Israel and Ruth Halperin-Kaddari, Bar-Ilan University, Israel 11. Women Legal Academics in China Xiaonan Liu, China University of Political Science and Law, China 12. Women Law Teachers in the Philippines then, Now and Six Decades in between: The Cheerless Transformation of a Road Less Travelled to a Path Oft-Chosen for Convenience Emily Sanchez Salcedo, De La Salle University, Philippines PART III FIRST AND EARLY WOMEN LAW PROFESSORS 13. Madeleine Gevers-Dwelshauvers (1897–1994). A Grande Dame at the Université Libre de Bruxelles Hans den Tonkelaar, Radboud University, the Netherlands 14. Compromise, Autonomy and Courage: Derkje Hazewinkel-Suringa, First Female Law Professor in the Netherlands (1889–1970) Leny de Groot-van Leeuwen, Radboud University, the Netherlands 15. Inkeri Anttila, the First Woman Law Professor in Finland (1916–2013) Harriet Silius, Abo Akademi University, Finland 16. Women and the Legal Academy in Estonia: In Memory of Vera Poska-Grünthal, the First Woman Law Lecturer in Tartu Merike Ristikivi, University of Tartu, Estonia 17. Alice Erh-Soon Tay and the Character of Legal Knowledge Susan Bartie, University of Tasmania 18. Oral History and Australia’s First Women Law Professors Kim Rubenstein, University of Canberra, Australia 19. The Way to Barbara Armstrong, First Tenure-Track Law Professor in an Accredited US Law School Susan D Carle, American University Washington, USA 20. Why Aisha Rateb could not become Egypt’s First Female Judge, and became Egypt’s First Female Law Professor Instead Omnia Mehanna, Egypt country national coordinator of the African Union of Development NGOs (UAOD) and Nadia Sonneveld, Leiden University, the Netherlands 21. First Female Law Student and Law Professor in Kuwait: Badria Al-Awadhi Opens Doors for Women in Law 1967–2020 Rania Maktabi, Ostfold University College, Norway PART IV PERSONAL NARRATIVES 22. Memories: Becoming a Law Professor Celia Wells, University of Bristol, UK 23. ‘Herculean Obstacles and Intrepid Complainants’: The Sex Discrimination Complaint at Osgoode Hall Law School, 1987–1994 Mary Jane Mossman, York University, Canada PART V FEMINISM IN THE LEGAL ACADEMY 24. The Road to Olive Stone Rosemary Auchmuty, University of Reading, UK and Jennifer Temkin, University of Sussex, UK 25. The First and Last(?) Feminist Law Professors in Australia Margaret Thornton, Australian National University 26. Feminist Legal Academics: Changing the Epistemology of American Law through Conflicts, Controversies and Comparisons Carrie Menkel-Meadow, University of California, Irvine, USA PART VI REFLECTIONS ON MASCULINITIES AND FEMININITIES IN THE LEGAL ACADEMY 27. Rethinking Masculinities in the Legal Academy: Men, Gender and Legal Careers (Or, Whatever Happened to the ‘Nutty Professor’?) Richard Collier, Newcastle University, UK 28. Patriarchal Discourses in the UK Legal Academy: The Case of the Reasonable Man Hilary Sommerlad, Leeds University, UK

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Book SynopsisWhile feminist legal scholarship has thrived within universities and in some sectors of legal practice, it has yet to have much impact within the judiciary or on judicial thinking. Thus, while feminist legal scholarship has generated comprehensive critiques of existing legal doctrine, there has been little opportunity to test or apply feminist knowledge in practice, in decisions in individual cases. In this book, a group of feminist legal scholars put theory into practice in judgment form, by writing the 'missing' feminist judgments in key cases. The cases chosen are significant decisions in English law across a broad range of substantive areas. The cases originate from a variety of levels but are primarily opinions of the Court of Appeal or the House of Lords. In some instances they are written in a fictitious appeal, but in others they are written as an additional concurring or dissenting judgment in the original case, providing a powerful illustration of the way in which the case could have been decided differently, even at the time it was heard. Each case is accompanied by a commentary which renders the judgment accessible to a non-specialist audience. The commentary explains the original decision, its background and doctrinal significance, the issues it raises, and how the feminist judgment deals with them differently. The books also includes chapters examining the theoretical and conceptual issues raised by the process and practice of feminist judging, and by the judgments themselves, including the possibility of divergent feminist approaches to legal decision-making. From the foreword by Lady Hale 'Reading this book ought to be a chastening experience for any judge who believes himself or herself to be both true to their judicial oath and a neutral observer of the world...If lawyers and judges like me have so much to learn from reading this book, then surely other, more sceptical, lawyers and judges have even more to learn...other scholars, and not only feminists, must also be fascinated by the window it opens onto the process of judicial reasoning: not the straightforward, predetermined march from A to B of popular belief, but something altogether more complicated and uncertain. And anyone will find it a very good read.'Trade ReviewNo sane person doubts that the law has been historically constructed by men and that gender equality in the law is an ongoing struggle. It's a mark, nevertheless of how well the struggle has been conducted that a series of workshops has now culminated in this highly original enterprise: a volume of leading judgments of the courts of England and Wales recast as a feminist judge might have written them. The Rt. Hon. Sir Stephen Sedley The Association of Women Barristers Website What's unique about Feminist Judgments is that it does not merely criticise self-proclaimed feminist judges for not being feminist enough. It actually provides the missing judgments that the authors think a feminist judge might have written in more than 20 leading cases from England and Wales. Crucially, the authors have attempted to write rulings based in the law at the times each case was heard. Joshua Rozenberg Law Society Gazette October 28th 2010 Within each of the chapters on the cases themselves, there is a commentary giving basic facts and important information to establish the foundations of the issues and to discuss why the case is significant. The commentary is extremely helpful, as no user is likely to be an expert in all the areas under consideration. Penetrating analysis, with a full, detailed but clear exposition that leaves few stones unturned. Penny Booth Times Higher Education 4 November 2010 To this editor's knowledge, no similar undertaking has been attempted. Even if there were a number of them, they would not likely compare favorably to this adept method of sensibly rewriting judicial history. American Society of International Law Newsletter January 2011Table of ContentsPart I Introduction and Overview 1 Feminist Judgments: An Introduction Rosemary Hunter, Clare McGlynn and Erika Rackley 2 An Account of Feminist Judging Rosemary Hunter 3 The Art and Craft of Writing Judgments: Notes on the Feminist Judgments Project Erika Rackley Part II Parenting 4 Evans v Amicus Healthcare Ltd Commentary: Sally Sheldon Judgment: Sonia Harris-Short 5 Re N (A Child) Commentary: Emily Jackson Judgment: Samantha Ashenden 6 Re G (Children) (Residence: Same-Sex Partner) Commentary: Daniel Monk Judgment: Alison Diduck 7 Re L (A Child) (Contact: Domestic Violence) Commentary: Christine Piper Judgment: Felicity Kaganas 8 Re A (Children) (Conjoined Twins: Surgical Separation) Commentary: Richard Huxtable Judgment: Geraldine Hastings Part III Property and Markets 9 Royal Bank of Scotland v Etridge (No 2) Commentary: Alison Diduck Judgment: Rosemary Auchmuty 10 Porter v Commissioner of Police for the Metropolis Commentary: Maureen O'Sullivan Judgment: Anna Grear 11 Baird Textile Holdings v Marks & Spencer Plc Commentary: John Wightman Judgment: Linda Mulcahy and Cathy Andrews Part IV Criminal Law and Evidence 12 R v A (No 2) Commentary: Louise Ellison Judgment: Clare McGlynn 13 R v Stone and Dobinson Commentary: Neil Cobb Judgment: Lois Bibbings 14 R v Brown Commentary: Matthew Weait and Rosemary Hunter Judgment: Robin Mackenzie 15 R v Dhaliwal Commentary: Mandy Burton Judgment: Vanessa Munro and Sangeeta Shah 16 R v Zoora (Ghulam) Shah Commentary: Susan Edwards Judgment: Samia Bano and Pragna Patel 17 Attorney-General for Jersey v Holley Commentary: Clare Connelly Judgment: Susan Edwards Part V Public Law 18 YL v Birmingham City Council and Others Commentary: Morag McDermont Judgment: Helen Carr and Caroline Hunter 19 R (Begum) v Governors of Denbigh High School Commentary: Holly Cullen Judgment: Maleiha Malik 20 Sheffield City Council v E Commentary: Jonathan Herring Judgment: Nicola Barker and Marie Fox 21 R v Portsmouth Hospitals NHS Trust, ex parte Glass Commentary: Anne Morris Judgment: Jo Bridgeman Part VI Equality 22 Roberts v Hopwood Commentary: Stephanie Palmer Judgment: Harriet Samuels 23 Mundon v Del Monte Foods Ltd Commentary: Gwyneth Pitt Judgment: Rachel Horton and Grace James 24 James v Eastleigh Borough Council Commentary: Joanne Conaghan Judgment: Aileen McColgan 25 Wilkinson v Kitzinger Commentary: Karon Monaghan Judgment: Rosie Harding 26 EM (Lebanon) v Secretary of State for the Home Department Commentary: Judy Walsh Judgment: Karon Monaghan

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Book SynopsisThis book brings together feminist academics and lawyers to present an impressive collection of alternative judgments in a series of Australian legal cases. By re-imagining original legal decisions through a feminist lens, the collection explores the possibilities, limits and implications of feminist approaches to legal decision-making. Each case is accompanied by a brief commentary that places it in legal and historical context and explains what the feminist rewriting does differently to the original case. The cases not only cover topics of long-standing interest to feminist scholars – such as family law, sexual offences and discrimination law – but also areas which have had less attention, including Indigenous sovereignty, constitutional law, immigration, taxation and environmental law. The collection contributes a distinctly Australian perspective to the growing international literature investigating the role of feminist legal theory in judicial decision-making.Trade ReviewAustralian Feminist Judgments is a valuable extension of the emerging feminist judgement-writing genre. -- Heather Roberts * Legal Studies, Vol 35(3) *The book is a fascinating and refreshing approach to judging. It will no doubt find a ready place in Law Schools, but more widely among the judiciary and the practising profession. -- Greg Reinhardt * Journal of Judicial Administration, 2015 *Australian Feminist Judgemenst: Righting and Rewriting Law enlivens the reader's imagination about the real transformative potential of feminist legal reasoning. -- KCasey McLoughlin * Alternative Law Journal, 40:2 2015 *...a marvellous sweep through all aspects of contemporary Australian judgments...You will never look at a judgment the same way again... -- Jennifer Giles * Workplace Review, 6:32 *Australian Feminist Judgments ably and engagingly achieves its stated objective...the editors' innovations from the pre-existing models of feminist judgments...ensures that Australian Feminist Judgments provides rich material through which to consider feminist judging's nature, purpose and impact. -- Heather Roberts and Laura Sweeney * Sydney Law Review *The judgments are eloquent, well-reasoned, realistic, and above all, interesting... Australian Feminist Judgments: Righting and Rewriting Law will appeal to a wide audience - particularly judges, academics, legal practitioners, law students and people who are interested in feminism or legal jurisprudence. -- Betheli O'Carroll * Griffith Law Review *Australian Feminist Judgments is academic but accessible, and it is sure to spark many debates on the role of feminist jurisprudence...It reminds us that change within existing legal frameworks is possible. -- Caroline Jones * Portia *Table of Contents1 Introduction: Righting Australian Law Heather Douglas, Francesca Bartlett, Trish Luker and Rosemary Hunter 2 Reflections on Rewriting the Law Heather Douglas, Francesca Bartlett, Trish Luker and Rosemary Hunter Part I Public Law Constitutional Law 3 Kartinyeri v The Commonwealth [1998] HCA Commentary: Kathy Bowrey First Nations Stories, Grandmother’s Law: Too Many Stories to Tell: Irene Watson 4 R v Pearson; Ex parte Sipka [1983] HCA 6 Feminism and the Franchise: Elisa Arcioni Judgment: Kim Rubenstein 5 Dietrich v R [1992] HCA Commentary: Margaret Davies Judgment: Reg Graycar and Jenny Morgan Tax Law 6 Lodge v Federal Commissioner of Taxation [1972] HCA Commentary: Ann O’Connell Judgment: Kerrie Sadiq Immigration Law 7 Re Minister for Immigration and Multicultural and Indigenous Affairs;Ex parte Applicants S134/2002 [2003] HCA 1 Roqia’s Story: Refugees and Natural Justice in the Court of Public Opinion: Mary Crock Judgment: Charlotte Steer 8 Appellant S395/2002 v Minister for Immigration and Multicultural Affairs[2003] HCA Commentary: Wayne Morgan Judgment: Nan Seuffert Environmental Law 9 Wildlife Preservation Society of Queensland Proserpine/Whitsunday Branch Inc v Minister for the Environment and Heritage [2006] FCA Addressing Climate Change Inequities: The Contribution of a Feminist Judgment: Jacqueline Peel Judgment: Lee Godden Part II Private Law Torts 10 Cattanach v Melchior [2003] HCA The Economic Value of Human Relationships: Cattanach v Melchior Revisited: Isabel Karpin Judgment: Kylie Burns Consumer Protection 11 ACCC v Keshow [2005] FCA Unconscionability, Education and Indigenous Women: Bronwyn Naylor Judgment: Heron Loban Equity 12 Louth v Diprose [1992] HCA 61 Give and Take: Unconscionability and the Pervasiveness of Gender Stereotypes: Paula Baron Judgment: Francesca Bartlett 13 Trustees of the Property of John Daniel Cummins, a Bankrupt v Cummins [2006] HCA 6 Formal Equality and Third Party Interests in the Family Home: Francesca Bartlett Judgment: Lisa Sarmas Part III Crime and Evidence Criminal Law 14 Parker v R [1963] HCA 14 Reconsidering Precedent: Heather Douglas Judgment: Adrian Howe 15 Taikato v R [1996] HCA 28 A Well-founded Fear? Giving Context to Self-defence: Julie Stubbs Judgment: Penny Crofts and Isabella Alexander 16 PGA v R [2012] HCA 21 Admitting Legal Wrongs: Ngaire Naffine Judgment: Wendy Larcombe and Mary Heath Evidence 17 RPS v R [2000] HCA 3 Commentary: Katherine Biber Judgment: Helen O’Sullivan 18 Phillips v R [2006] HCA 4 Locating Consent in Similar-Fact Cases: Mehera San Roque Judgment: Annie Cossins Sentencing 19 R v Webster [1990] NSWSC 70012/90 Truth in Sentencing: The Narration of Judgment: Kirsty Duncanson Judgment: Honni van Rijswijk and Lesley Townsley 20 R v Middendorp [2010] VSC 202 Defensive Homicide: JaneMaree Maher Judgment: Kate Fitz-Gibbon, Danielle Tyson and Jude McCulloch 21 R v Morgan [2010] VSCA 15 Intersectionality and Indigenous Sentencing Courts: Heather Douglas Judgment: Elena Marchetti and Janet Ransley Part IV Interpreting Equality Family Law 22 U v U [2002] HCA 36 Commentary: Rachael Field Judgment: Jonathan Crowe 23 Goode and Goode [2006] FamCA 1 The Practice of Feminist Judgment in Family Law: Ann Genovese Judgment: Zoe Rathus and Renata Alexander Discrimination Law 24 JM v QFG and GK [1998] KCA Commentary: Paula Gerber Judgment: Anita Stuhmcke 25 McLeod v Power [2003] FMCA 2 Commentary: Katharine Gelber Judgment: Jennifer Nielsen 26 The State of New South Wales v Amery [2006] HCA 14 The Indirection of Sex Discrimination: Margaret Thornton Judgment: Beth Gaze Treaty Law 27 In the matter of Djappari (Re Tuckiar) [2035] FNCA 1 Commentary: Thalia Anthony Judgment: Nicole Watson

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Book SynopsisConfronting the patriarchal origins and male-dominated institutions of international law, over the last several decades serious thinking about gender and international law has developed into a flourishing discourse within its host discipline. From the lecture theatres and conferences of academia to the corridors of international institutions frequented by non-governmental organizations, diplomats, and the bureaucrats of international institutions, gender issues are now placed firmly on the international-law agenda. Indeed, scholarship on gender and international law is now an important and dynamic area of critique that continues to challenge the failures of the political, legal, and institutional frameworks of international law.As research in gender and international law continues to flourish, this new four-volume collection from Routledgeâs Critical Concepts in Law series brings together the most influential scholarship to date, gathering foundational and canonical theoretical work, together with innovative and cutting-edge applications and interventions. It provides an understanding of the development of the field of gender and international law, as well as highlighting areas of thought-provoking research to stimulate future developments in the field.The first volume in the collection (âDefining Gender and International Lawâ) assembles key works to illustrate the development of the field and provide users with a clear understanding of the concepts, methods, and theoretical underpinnings of gender and international law. Volume II (âDoing Gender and International Law: Actors and Institutionsâ) brings gender and international law to life as an action-orientated field, theoretically sophisticated, but focused on and contributing to changes in how international and national law-makers treat gendered issues. Volume III (âKey Legal Themes in Gender and International Lawâ) provides an overview of the different legal themes that have engaged scholars analysing international law from feminist, women-centred, or gendered perspectives. The scholarship assembled in the final volume (âCritical Movements and Emerging Issues in Gender and International Lawâ) collects work that encourages critical reflections about gendered analyses of contemporary issues in international law. It also highlights where increased attention is needed, or where current approaches by feminist international legal scholars might require further scrutiny.With a full index, together with a comprehensive introduction, newly written by the learned editors, which places the collected material in its historical and intellectual context, Gender and International Law is an essential work of reference and will be welcomed by researchers, advanced students, practitioners, and policy-makers.

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Book SynopsisThis volume brings together classic articles which explore the increasingly crucial and relatively recent concept of age discrimination. Issues relating to an ageing workforce are now widespread as many employees are either working longer in order to compensate for depleted pensions; or, in countries where there are labor shortages among younger workers, employers are trying to induce older workers to remain in the workforce. The essays in this volume explore the evolution of legislation against age discrimination as well as the legal structures relating to age discrimination in the US (where legislation is more advanced), the European Union, Canada and Australia.Table of ContentsContents: Introduction; Is age discrimination really age discrimination? The ADEA's unnatural solution, Samuel Issacharoff and Erica Worth Harris; Hands-tying and the Age Discrimination in Employment Act, Christine Jolls; Why is there mandatory retirement?, Edward P. Lazear; From race to age: the expanding scope of employment discrimination law, George Rutherglen; Life-cycle justice: accommodating just cause and employment at will, Stewart J. Schwab; Decent work, older workers and vulnerability in the economic recession: a comparative study of Australia, the United Kingdom and the United States, Susan Bisom-Rapp, Andrew Frazer and Malcolm Sargeant; The aging of the American workforce, Sara E. Rix; Age discrimination in United States labor markets: a review of the evidence, Scott J. Adams and David Neumark; A gap in the agenda: enhancing the regulation of age discrimination in employment, Michael C. Harper; International comparison of age discrimination laws, Joanna N. Lahey; A softly greying nation: law, ageing and policy in Canada, Charmaine Spencer and Ann Soden; The amendment of the Employment Measure Act: Japanese anti-age discrimination law, Ryoko Sakuraba; Age discrimination and the European Court of Justice: EU equality law comes of age, Colm O’Cinneide; The new UK retirement regime: employment law and pensions, Claire Kilpatrick; Name index.

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Book SynopsisKonstantinos Kapparis challenges the traditional view that free women, citizen and metic, were excluded from the Athenian legal system.

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Book SynopsisAn innovative collaboration between academics, practitioners, activists and artists, this timely and provocative book rewrites 16 significant Scots law cases, spanning a range of substantive topics, from a feminist perspective. Exposing power, politics and partiality, feminist judges provide alternative accounts that bring gender equity concerns to the fore, whilst remaining bound by the facts and legal authorities encountered by the original court. Paying particular attention to Scotland’s distinctive national identity, fluctuating experiences of political sovereignty, and unique legal traditions and institutions, this book contributes in a distinctive register to the emerging dialogue amongst feminist judgment projects across the globe. Its judgments address concerns not only about gender equality, but also about the interplay between gender, class, national identity and citizenship in contemporary Scotland. The book also showcases unique contributions from leading artists which, provoked by the enterprise of feminist judging, or by individual cases, offer a visceral and affective engagement with the legal. The book will be of interest to academics, practitioners and students of Scots law, policy-makers, as well as to scholars of feminist and critical theory, and law and gender, internationally.Trade ReviewThere are several striking aspects to this publication. The analysis is refreshingly revealing about the potential for legal institutions, rules, actors and norms to attune more closely to inclusion and diversity in a sense well beyond feminism … This book brings rightful reflection to the very heart of a legal system’s ability to address life as it is lived, and to explore potential to break down rather than perpetuate inequalities. -- Margaret L Ross, University of Aberdeen * Edinburgh Law Review *Scottish Feminist Judgments demonstrates the maturity of feminist judging as a critical legal method … This Scottish project, in the honesty and openness of its feminist methods, and in its willingness to pluralise the feminist languages of law, both brings us a little closer to feminist legal futures and identifies some of the blocks that keep us from achieving them. -- Mairead Enright, University of Birmingham * Social & Legal Studies *A rich and wide-ranging collection which promotes genuine reflection on the current state of the legal landscape. It deserves to be widely read, both within and beyond the academy. -- Arlie Loughnan, University of Sydney * Journal of Law and Society *The book represents one output in a very significant project, the achievements of which are many. The Scottish Feminist Judgments Project has included exhibitions, a cycle tour, podcasts and workshops across Scottish universities. It has captivated students, scholars and practitioners alike and will undoubtedly continue to inform and inspire well into the future. -- Rachel McPherson, University of Glasgow * Modern Law Review *This is a worthy collection that deserves to be centred in legal education and practice … It has created a space to reimagine what law might be. -- Lynsey Mitchell * Juridical Review *Table of ContentsPART I CRIME, VICTIMISATION AND VIOLENCE 3. Smith v Lees 1997 SCCR 139 Judgment: Ilona Cairns Commentary: Isla Callander Reflective Statement: Ilona Cairns 4. McKearney v HM Advocate 2004 JC 87 Judgment: Pamela Ferguson Commentary: Clare McGlynn Reflective Statement: Pamela Ferguson 5. Ruxton v Lang 1998 SCCR 1 Judgment: Sharon Cowan and Vanessa E Munro Commentary: Liz Campbell Reflective Statement: Sharon Cowan and Vanessa E Munro 6. Drury v HM Advocate 2001 SLT 1013 Judgment: Claire McDiarmid Commentary: Juliette Casey Reflective Statement: Claire McDiarmid PART II FAMILY, HOME AND BELONGING 7. R & F v UK Application 35738/05 2005 Judgment: Carolynn Gray Commentary: Becky Kaufmann Reflective Statement: Carolynn Gray 8. White v White 2001 SC 689 Judgment: Kenneth Norrie Commentary: Rosie Harding Reflective Statement: Kenneth Norrie 9. Coyle v Coyle 2004 Fam LR 2 Judgment: Jane Mair Commentary: Gillian Black Reflective Statement: Jane Mair 10. Scottish Special Housing Association v Lumsden 1984 SLT (Sh Ct ) 71 Judgment: Peter Robson Commentary: Alexander Latham-Gambi Reflective Statement: Peter Robson Artists’ Statements and Illustrations between pages 222 and 223 11. Rafique v Amin 1997 SLT 1385 Judgment: Frankie McCarthy Commentary: Bonnie Holligan Reflective Statement: Frankie McCarthy PART III RELATIONAL DUTIES, EQUALITY AND DISCRIMINATION 12. Jex-Blake v Senatus Academicus of the University of Edinburgh (1873) 11 M 784 Judgment: Chloë Kennedy Commentary: Stephen Bogle Reflective Statement: Chloë Kennedy 13. Rainey v Greater Glasgow Health Board [1987] AC 224, HL Judgment: Nicole Busby Commentary: Diamond Ashiagbor Reflective Statement: Nicole Busby 14. Commonwealth Oil & Gas Co Ltd v Baxter and Another [2009] CSIH 75 Judgment: Alice Belcher Commentary: Anindita Jaiswal Reflective Statement: Alice Belcher 15. Greater Glasgow Health Board v Doogan & Another [2014] UKSC 68 Judgment: Agomoni Ganguli-Mitra and Emily Postan Commentary: Mary Neal Reflective Statement: Agomoni Ganguli-Mitra and Emily Postan PART IV CITIZENSHIP, CULTURE AND PROTECTION 16. Helen Johnson (AP) v IAT 2004 (P340/04), Court of Session Judgment: Nicola Loughran Commentary: Helen Baillot Reflective Statement: Nicola Loughran 17. Rape Crisis Centre v Secretary of State for the Home Department 2000 SC 527 Judgment: Dimitrios Kagiaros Commentary: Sandy Brindley Reflective Statement: Dimitrios Kagiaros 18. Salvesen v Riddell [2013] UKSC 236 Judgment: Aileen McHarg and Donald Nicolson Commentary: Shazia Choudhry Reflective Statement: Aileen McHarg and Donald Nicolson

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Book SynopsisThis book tells the untold story of the Married Women’s Association. Unlike more conventional histories of family law, which focus on legal actors, it highlights the little-known yet indispensable work of a dedicated group of life-long activists. Formed in 1938, the Married Women’s Association took reform of family property law as its chief focus. The name is deceptively innocuous, suggesting tea parties and charity fundraisers, but in fact the MWA was often involved in dramatic confrontations with politicians, civil servants, and Law Commissioners. The Association boasted powerful public figures, including MP Edith Summerskill, authors Vera Brittain and Dora Russell, and barrister Helena Normanton. They campaigned on matters that are still being debated in family law today. Quiet Revolutionaries sheds new light upon legal reform then and now by challenging longstanding assumptions, showing that piecemeal legislation can be an effective stepping stone to comprehensive reform and highlighting how unsuccessful bills, though often now forgotten, can still be important triggers for change. Drawing upon interviews with members’ friends and family, and thousands of archival documents, the book is compulsory reading for lawyers, legal historians, and anyone who wishes to explore histories of law reform from the ground up. Winner of the SLSA Socio-Legal Theory and History Book Prize 2023. To listen to podcast episodes about the Married Women’s Association, featuring interviews and archival research, visit quietrevolutionaries.podbean.com.Trade ReviewI believe this book to be of central importance to scholars studying the history of women and feminist movements, and family law in the twentieth century. It is so rare for a legal history book to truly convey how and why the law developed in the way it did, and the significance of these developments to the people subject to the legislation. In Quiet Revolutionaries, Sharon Thompson has raised the bar for those of us working in the field. -- Jennifer Aston * Feminist Legal Studies *Sharon Thompson is to be thanked and congratulated for giving us this detailed and perceptive account of the activities of a previously little-known group of quiet but determined activists … A treasure trove, offering newly accessible detail and contributing across so many areas to the understanding of the process of law reform and to the history of feminist thought and strategies for reformers. -- Mavis Maclean * Journal of Law and Society *Quiet Revolutionaries is a fantastic book that should be read by legal historians, practitioners and anyone interested in how legal change is achieved … Drawing upon rich insights from archival and empirical research, this book reveals that ‘the MWA’s story is a microcosm of feminist legal activism’ … Quiet Revolutionaries provides a new way of thinking about that activism and how ‘success’ might be measured for reform projects in family law today. -- Andy Hayward * Financial Remedies Journal *The book is beautifully written, providing the reader with a real sense of what it was like for women (and men) in previous decades, for Thompson has done her research in archives and from interviews and knows the period thoroughly. What it also offers is a properly accurate and nuanced examination of the law and the proposed reforms that one could only get from an experienced teacher of both family law and property law. Quiet Revolutionaries takes feminist legal history – and legal history generally – to a new level. -- Rosemary Auchmuty * Frontiers of Socio-Legal Studies *The influence and importance of the Married Women’s Association and its visionary leading lights ... ought to be much better known, not only among family lawyers but also among everyone who is interested in the movement for women’s equality. Sharon Thompson has enriched our knowledge and understanding by shining a light upon these quiet revolutionaries. * Brenda Hale, Baroness Hale of Richmond, former President of the Supreme Court of the UK [from the foreword] *Quiet Revolutionaries brilliantly illustrates the value of taking a feminist approach to legal history. Meticulously researched and engaging, it shines a light on an overlooked but vitally important campaign for substantive equality within marriage and on the challenges of reforming the law. * Rebecca Probert, Professor of Law, University of Exeter, UK *Economic dependence in marriage was an abiding concern for twentieth-century feminists, but until now we have known too little about how activists used the law as a tool for change. Deeply researched and highly readable, Sharon Thompson’s book recovers the dogged campaigning of the Married Women’s Association, revealing its steely efforts to reshape norms about gender, power and the value of women’s labour in the family. * Helen McCarthy, Professor of Modern and Contemporary British History, University of Cambridge, UK *Table of ContentsForeword by Brenda Hale, Baroness Hale of Richmond Acknowledgments Timeline Archive References List of Abbreviations Prologue: After the Vote 1. Quiet Revolutionaries 2. Housewives: ‘That Vast Army of the Great Unpaid’ Interlude: Juanita Frances 3. A Composite Portrait 4. A New Marriage Law 5. Mrs Blackwell Interlude: A Note About Lord Denning 6. The Split Interlude: Reform Movements Are Like Builders 7. One Step at a Time 8. Resistance as a Reform Strategy Interlude: Poor Reggie 9. Two Steps Forward, One Step Back 10. A Subterranean Influence Afterword Bibliography Index

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Book SynopsisForced Marriage: Introducing a social justice and human rights perspective brings together leading practitioners and researchers from the disciplines of criminology, sociology and law. Together the contributors provide an international, multi-disciplinary perspective that offers a compelling alternative to prevailing conceptualisations of the problem of forced marriage. The volume examines advances in theoretical debates, analyses existing research and presents new evidence that challenges the cultural essentialism that often characterises efforts to explain, and even justify, this violation of women's rights. By locating forced marriage within broader debates on violence against women, social justice and human rights, the authors offer an intersectional perspective that can be used to inform both theory and practical efforts to address violence against diverse groups of women. This unique book, which is informed by practitioner insights and academic research, is essential reading for practitioners and students of sociology, criminology, gender studies and law.Trade ReviewThis challenging, innovative and much-needed book on forced marriage brings together most of the main writers, researchers and activists in the field. International in scope, it is the first-ever book of its type in the UK and will be key in the field for years to come. * Gill Hague, Professor of Violence Against Women Studies Centre for Gender and Violence Research University of Bristol *In this important addition to knowledge, academics and lawyers extend our understanding of forced marriage, locating it in the continuum of gender based violence against women whilst outlining its particularities, including the myriad pressures on women at entry, during and on exit from marriage. Revealing and challenging analyses identify the traps of culturalised policies, whilst simultaneously noting the constrained agency of minoritised women. It is a must for anyone who cares about gender equality and human rights. * Liz Kelly, London Metropolitan University *Avoiding the polemic that characterises much discourse on forced marriage, this wide-ranging but coherent collection is not only a significant addition to the academic literature, it provides valuable insights for those working on the frontline supporting girls and women at risk. The writers here recognise the difficult balancing act involved in identifying the specificities of forced marriage without reinforcing cultural stereotypes, and the debates in this volume range from the theoretical level to concrete recommendations for policy makers and women's organisations. This volume will help ensure that policy in the UK and Europe frames forced marriage as the human rights abuse that it is rather than a problematic cultural practice divorced from "mainstream" forms of violence against women and girls. * Moira Dustin, Visiting Fellow, LSE Gender Institute *Table of ContentsForeword - Professor Yakin Erturk, Middle East Technical University, Ankara, Turkey Introduction: Framing Forced Marriage as a Form of Violence Against Women - Aisha K. Gill and Sundari Anitha Part I - Definitions, Contexts and Theoretical Concepts 1. Understanding Forced Marriage: Definitions and Realities - Geetanjali Gangoli, Khatidja Chantler, Marianne Hester and Ann Singleton 2. Reconceptualising Consent and Coercion Within an Intersectional Understanding of Forced Marriage - Sundari Anitha and Aisha K. Gill 3. Forced Marriage: The European Convention on Human Rights and the Human Rights Act 1998 - Shazia Choudhry 4. Border Control to Prevent Forced Marriages: Choosing Between Protecting Women and Protecting the Nation - Anja Bredal 5. The Social Construction of Forced Marriage and its 'Victim' in Media Coverage and Crime Policy Discourses - Sundari Anitha and Aisha K. Gill Part II: Policy and Practice 6. Forced Marriage Legislation in the UK: A Critique - Aisha K. Gill and Sundari Anitha 7. The Law, the Courts and Their Effectiveness - Teertha Gupta and Khatun Sapnara 8. The Practice of Law-Making and the Problem of Forced Marriage: What is the Role of the Muslim Arbitration Tribunal? - Samia Bano 9. Constructing Victims, Construing Credibility: Forced marriage, Pakistani women and the UK Asylum Process - Marzia Balzani 10. "Wayward Girls" and "Well-Wisher Parents": Habeas Corpus, Women's Rights to Personal Liberty, Consent to Marriage and the Bangladeshi Courts - Sara Hossain

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Book SynopsisTainted Witness examines how gender, race, and doubt stick to women witnesses as their testimony circulates in search of an adequate witness.Trade ReviewIn this moving and transformative text, Leigh Gilmore explores the different ways that women's testimonies are made incredible. With patience and care, Gilmore explores how testimonies circulate, how they keep open histories that have yet to be resolved, and how testimonies become tainted because of who as well as what they point to. This insightful book gives testimony a feminist hearing -- Sara Ahmed, author of Living a Feminist Life and Willful Subjects Tainted Witness is an important, relevant, often brilliant book. It further establishes Leigh Gilmore as one of the best critics writing today on the intersection of feminism and life narrative. -- Hillary Chute, author of Disaster Drawn: Visual Witness, Comics, and Documentary Form and Graphic Women: Life Narrative and Contemporary Comics Tainted Witness displays, once more, Leigh Gilmore's remarkable ability to hone in on the most interesting, provocative, or instructive moments in any historical situation or text, and then say memorable and highly useful things about them. -- Craig Howes, director of the Center for Biographical Research and professor of English, University of Hawai'i at Manoa Rarely does an academic book address its moment so precisely as Tainted Witness... An important and timely book. If ever we needed evidence that the work of feminism is not yet done, this is it. Times Higher Education Tainted Witness doesn't just look at what's broken about how we view women's testimony. It also examines how women can work toward "distributing doubt" and ultimately arrive at true justice, making this essential reading for women living under a president who publicly professed sexual assault and faced no consequences. Rumpus Tainted Witness is a timely and necessary defense of the women whose voices are so often drowned out or shouted on. Washington PostTable of ContentsAcknowledgments Introduction: Tainted Witness in Testimonial Networks 1. Anita Hill, Clarence Thomas, and the Search for an Adequate Witness 2. Jurisdictions and Testimonial Networks: Rigoberta Menchu 3. Neoliberal Life Narrative: From Testimony to Self-Help 4. Witness by Proxy: Girls in Humanitarian Storytelling 5. Tainted Witness in Law and Literature: Nafissatou Diallo and Jamaica Kincaid Conclusion: Testimonial Publics-#BlackLivesMatter and Claudia Rankine's Citizen Notes Bibliography Index

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Trade ReviewWinner, Lambda Literary Award for Best Book in LGBTQ Studies, 2020 Finalist, Mary Nickliss Prize in U.S. Women's and/or Gender History, Organization of American Historians, 2020 Finalist, Lora Romero First Book Publication Prize, American Studies Association, 2020 "The image of prisons as judicious machines of enclosure, and the conception of impartial justice this image serves, are shattered by the activism documented in Emily L. Thuma's All Our Trials: Prisons, Policing, and the Feminist Fight to end Violence." --Labour"Thuma’s book is a refreshing antidote to critiques of the feminist anti-violence movement that have ignored the activism of women of color. Highly readable and deeply archival, with many fascinating images of activists, fliers, posters, and newsletters, Thuma’s book reveals a previously neglected history of important ideological and social movement roots of the current feminist abolition movement. " --Journal of American History"All Our Trials offers us a robust history of late twentieth-century radical feminist antiviolence organizing. Thuma reminds us that the activism of the present is built upon an important legacy of work that traversed movements and prison walls. If we are to build an abolitionist feminist future, we would be wise to pay attention to the antiracist queer feminist politics of these activists. We owe a debt of gratitude to them for paving the way, and to Thuma for chronicling their struggles."--Angela Y. Davis, University of California, Santa Cruz​"Thuma's historical approach to women, prisons, and policing is insightful and thorough. Though never directed to, the reader will certainly feel compelled to more directly contemplate or approach the present issue, but at the very least, All Our Trials is an incredibly effective antidote to the most crippling condition that stands in the way of dismantling the carceral state: apathy." --Women's Studies"With deep compassion, Thuma offers one of the most compelling historical analyses of how feminist activism of Black, queer, and criminalized women has worked to resist the long and dangerous reach of the carceral state. All Our Trials is an important text in the growing fields of critical prison studies and anti-carceral feminism and a critical addition to activist reading lists."--Beth Richie, author of Arrested Justice: Black Women, Violence, and America's Prison Nation"The book covers an interesting time line from the 1970s to early 1980s to bridge together a discussion of anticarceral feminism and feminist prison abolitionism to create an awareness of the interdependence of struggles, multiple feminisms, and coalition building." --Affilia: Journal of Women and Social Work"All Our Trials transforms our understanding of both the history of feminism and of the carceral state. In her deeply compelling account, Thuma documents the work of activists who centered the lives of the most marginalized in their social justice imaginary and their political agenda, producing an anticarceral feminist politics and an expansive analysis of the interconnections between interpersonal and state violence. A crucial and timely read as we wrestle with gender, race, and violence today."--Regina Kunzel, author of Criminal Intimacy: Prison and the Uneven History of Modern American Sexuality"Thuma packs tremendous detail and insight into this short, well-written book. I recommend it!" --Chris Dixon, Writing with Movements "Emily Thuma's All Our Trials: Prisons, Policing, and the Feminist Fight to End Violence is a meticulously researched intervention into histories of feminist antiviolence activism. All Our Trials is a profoundly optimistic and inspiring book. Thuma demonstrates the real power of activism and the way that organizations that are often easily dismissed as too radical or utopian can have far-reaching impacts." --Feminist Formations "A timely account." --Indypendent "In the contemporary context of social movements such as #BlackLivesMatter, which criticize the ever growing prison-industrial complex and draw attention to illegitimate violence perpetrated by agents of the state, All Our Trials provides a genealogy of the ideas behind alternatives to criminal justice; the roots of restorative and transformative justice theories can be found in the struggles of the 1970s and 1980s." --Punishment and Society "All Our Trials offers a vital history for contemporary prison abolitionists seeking to make the world anew. " --Against the Current "With All Our Trials, Emily L. Thuma has given us a critically important and cutting-edge history of antiviolence activism." --American Historical Review "All Our Trials is a tour de force. It stands among the best books on the history of modern feminist politics and represents one of the most elucidating histories of the US carceral state produced to date. Emily Thuma centers criminalized women’s ideas and organizing, providing graceful historical analysis that will undoubtedly influence current conversations about imprisonment, gender, and sexual violence. This history opens a fiercely urgent path toward an anticarceral feminist future."--Sarah Haley, author of No Mercy Here: Gender, Punishment, and the Making of Jim Crow ModernityTable of ContentsContents Acknowledgments vii Introduction 1 1. Lessons in Self-Defense: From “Free Joan Little” to “Free Them All” 15 2. Diagnosing Institutional Violence: Forging Alliances against the “Prison/Psychiatric State” 55 3. Printing Abolition: The Transformative Power of Women’s Prison Newsletters 88 4. Intersecting Indictments: Coalitions for Women’s Safety, Racial Justice, and the Right to the City 123 Epilogue 159 Notes 165 Bibliography 199 Index 219

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