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Books > Law > English law
Ruth Bader Ginsburg believed that the equal rights of women belonged in the Constitution. She stood on the shoulders of brilliant women who persisted across generations to change the Constitution. We the Women tells their stories, showing what's at stake in the current battle for the Equal Rights Amendment. A century after the Nineteenth Amendment guaranteed women the constitutional right to vote, the quest for women's full inclusion in the US Constitution continues. After passage of the Nineteenth Amendment, revolutionary women demanded full equality beyond suffrage by proposing the Equal Rights Amendment (ERA). Congress took almost fifty years to adopt it in 1972, and the states took almost as long to ratify it. In January 2020, Virginia became the final state needed to ratify the amendment. Why did the ERA take so long? Is it too late to add it to the Constitution? And what could it do for women? Distinguished legal scholar Julie C. Suk tells the story of the ERA through the voices of the bold women lawmakers who created it. They faced opposition and subterfuge at every turn, but they kept the ERA alive. And, despite significant gains, the achievements of gender equality have fallen short, especially for working mothers and women of color. Suk excavates the ERA's past to guide its future, explaining how the ERA can address hot-button issues such as pregnancy discrimination, sexual harassment, and unequal pay. The rise of movements like the Women's March and #MeToo have ignited women across the country. Unstoppable women are winning elections, challenging male abuses of power, and changing the law to support working families. Can they add the ERA to the Constitution and improve American democracy? We the Women shows how the founding mothers of the ERA and the for-gotten mothers of all our children have transformed our living Constitution for the better.
The FIDIC Handbook Series will form a series of low cost guides to all FIDIC Contract administrators. They will ensure that appropriate timely actions are taken during the course of a construction contract in order to improve communication, stimulate better administration and highlight accountability at an early stage, thereby improving the working relationships between the parties and reducing the potential for disputes. The guidelines suggest actions for each party to take, stipulate the time to take such action, provide relevant comments and includes model letters where appropriate for each Sub-Clause within the Contract. This book, FIDIC Handbook - Pink, provides commentary on the Pink Book: The MDB Harmonised Edition of the Red Book for use with contracts which have been financed by one of the participating multilateral development banks.
In recent decades, laws and workplace policies have emerged that seek to address the "balance" between work and family. Millions of women in the U.S. take some time off when they give birth or adopt a child, making use of "family-friendly" laws and policies in order to spend time recuperating and to initiate a bond with their children. The Balance Gap traces the paths individual women take in understanding and invoking work/life balance laws and policies. Conducting in-depth interviews with women in two distinctive workplace settings-public universities and the U.S. military-Sarah Cote Hampson uncovers how women navigate the laws and the unspoken cultures of their institutions. Activists and policymakers hope that family-friendly law and policy changes will not only increase women's participation in the workplace, but also help women experience greater workplace equality. As Hampson shows, however, these policies and women's abilities to understand and utilize them have fallen short of fully alleviating the tensions that women across the nation are still grappling with as they try to reconcile their work and family responsibilities.
Private foundations are now offered as an alternative to traditional trusts in a growing number of international financial centres and an increasing number of practitioners - in the relevant jurisdictions and elsewhere - are asked to advise clients who are thinking of protecting their wealth in this way. As more jurisdictions introduce legislation, there is a greater need for practitioners to have a clear understanding of the law underpinning the creation and running of foundations. Written by a leading expert, Private Foundations: Law and Practice is an invaluable resource for anyone advising on or involved in the establishment and maintenance of private foundations. Each chapter discusses a fundamental aspect of private foundation law, with reference throughout to the most significant civil and common law jurisdictions. The author discusses not only the creation and management of private foundations, but also looks carefully at the powers, rights, and liabilities of their founders, officers, and beneficiaries. Every topic is analysed with reference to the legislation and case law of a number of key civil law jurisdictions (Liechtenstein, Austria, Panama, and Malta) as well as to the developing law in selected common law jurisdictions (St Kitts, Bahamas, Anguilla, Belize, Jersey, Guernsey, the Isle of Man, the Seychelles, Mauritius, and the Cook Islands). Offering a rigourous and analytical review of the law relating to private foundations, this book is ideal for anyone involved in this developing area of wealth management.
Modern scholars of most major religious traditions, who seek gender egalitarian interpretations of their scriptural texts, confront a common dilemma: how can they produce interpretations that are at once egalitarian and authoritative, within traditions that are deeply patriarchal? This book examines the challenges and resources that the Islamic tradition offers to Muslim scholars who seek to address this dilemma. This is achieved through extensive study of the intellectual history of a Qur'anic verse that has become especially contentious in the modern period: Chapter 4, Verse 34 (Q. 4:34) which can be read to permit the physical disciplining of disobedient wives at the hands of their husbands. Though this verse has been used by historical and contemporary Muslim scholars in multiple ways to justify the right of husbands to physically discipline their wives, progressive and reformist Muslim scholars and activists offer alternative and non-violent readings of the verse. The diverse and divergent interpretations of Q. 4:34 showcases the pivotal role of the reader in shaping the meaning and implications of scriptural texts. This book investigates the sophisticated and creative interpretive approaches to Q. 4:34, tracing the intellectual history of Muslim scholarship on this verse from the ninth century to the present day. Ayesha S. Chaudhry examines the spirited and diverse, and at times contradictory, readings of this verse to reveal how Muslims relate to their inherited tradition and the Qur'anic text.
Gender is an increasingly prominent aspect of the contemporary debate and discourse around law. It is curious that gender, while figuring so centrally in the construction and organization of social life, is nevertheless barely visible in the conceptual armoury of law. In the jurisprudential imagination law is gender-less; as a result legal scholarship for the most part continues to hold on to the view that gender plays little or no role in the conceptual make-up, normative grounding, or categorical ordering of law. The official position is that the idea of law and legal fundamentals are, or at least ought to be, gender-independent. This book challenges these long-held assumptions. Exploring the relationship between law and gender it takes gender as a core concept and analytical tool and examines how law is conceptualized, organized, articulated, and legitimated. How can gender be given meaning in legal texts, doctrine, and practices, and how can gender operate within the law while simultaneously appearing to be outside it? The relationship between gender and the law is relevant to virtually all areas of law including in particular criminal law, tort law, family law, employment law, and human rights. Increasingly issues of gender are perceived as the concern of all, reflecting broader debates in the law, including those of equality and sexuality. Covering the key theoretical and substantive areas of jurisprudence, this volume by Joanne Conaghan will be essential reading for all interested in gender studies and legal theory more widely. It offers a clear, concise introduction to gender studies and central feminist concerns for a legal readership.
Ruth Bader Ginsburg's last book is a curation of her own legacy, tracing the long history of her work for gender equality and a "more perfect Union." In the fall of 2019, Justice Ruth Bader Ginsburg visited the University of California, Berkeley School of Law to deliver the first annual Herma Hill Kay Memorial Lecture in honor of her friend, the late Herma Hill Kay, with whom Ginsburg had coauthored the very first casebook on sex-based discrimination in 1974. Justice, Justice Thou Shalt Pursue is the result of a period of collaboration between Ginsburg and Amanda L. Tyler, a Berkeley Law professor and former Ginsburg law clerk. During Justice Ginsburg's visit to Berkeley, she told her life story in conversation with Tyler. In this collection, the two bring together that conversation and other materials-many previously unpublished-that share details from Justice Ginsburg's family life and long career. These include notable briefs and oral arguments, some of Ginsburg's last speeches, and her favorite opinions that she wrote as a Supreme Court Justice (many in dissent), along with the statements that she read from the bench in those important cases. Each document was chosen by Ginsburg and Tyler to tell the story of the litigation strategy and optimistic vision that were at the heart of Ginsburg's unwavering commitment to the achievement of "a more perfect Union." In a decades-long career, Ruth Bader Ginsburg was an advocate and jurist for gender equality and for ensuring that the United States Constitution leaves no person behind. Her work transformed not just the American legal landscape, but American society more generally. Ginsburg labored tirelessly to promote a Constitution that is ever more inclusive and that allows every individual to achieve their full human potential. As revealed in these pages, in the area of gender rights, Ginsburg dismantled long-entrenched systems of discrimination based on outdated stereotypes by showing how such laws hold back both genders. And as also shown in the materials brought together here, Justice Ginsburg had a special ability to appreciate how the decisions of the high court impact the lived experiences of everyday Americans. The passing of Justice Ruth Bader Ginsburg in September 2020 as this book was heading into production was met with a public outpouring of grief. With her death, the country lost a hero and national treasure whose incredible life and legacy made the United States a more just society and one in which "We the People," for whom the Constitution is written, includes everyone.
Gender 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 an advanced industrial society like the contemporary U. S., where an array of legal, political, institutional, and economic processes work against gender inequality, how does this inequality persist? Are there general social processes through which gender as a principle of social inequality manages to rewrite itself into new forms of social and economic organization? Framed by Gender claims there are, highlighting a powerful contemporary persistence in people's everyday use of gender as a primary cultural tool for organizing social relations with others. Cecilia L. Ridgeway asserts that widely shared cultural beliefs about gender act as a "common knowledge" frame that people use to make sense of one another in order to coordinate their interaction. The use of gender as an initial framing device spreads gendered meanings, including assumptions about inequality embedded in those meanings, beyond contexts associated with sex and reproduction to all spheres of social life that are carried out through social relationships. These common knowledge cultural beliefs about gender change more slowly than do material arrangements between men and women, even though these beliefs do respond eventually. As a result of this cultural lag, at sites of innovation where people develop new forms of economic activity or new types of social organization, they confront their new, uncertain circumstances with gender beliefs that are more traditional than those circumstances. They implicitly draw on the too convenient cultural frame of gender to help organize their new ways of doing things. As they do so, they reinscribe trailing cultural assumptions about gender difference and gender inequality into the new activities, procedures, and forms of organization that they create, in effect, reinventing gender inequality for a new era. Ridgeway argues that this persistence dynamic does not make equality unattainable but does mean that progress is likely to be uneven and depend on the continued, concerted efforts of people. Thus, a powerful and original take on the troubling endurance of gender inequality, Framed by Gender makes clear that the path towards equality will not be a long, steady march, but a constant and uneven struggle. "The most important book on gender I have read in decades. Why has gender proved so unbending? Ridgeway gives us answers, and paves the way for a new feminist theory that incorporates decades of studies on how gender bias operates at home and at work."-Joan C. Williams, Distinguished Professor of Law, University of California, Hastings College of the Law "In lucid prose, Cecilia Ridgeway describes the social psychological processes that continually reproduce gender inequality. Marshalling research from sociology and psychology, Framed by Gender explains why women have not attained equality and what would be required to reach that goal."-Alice H. Eagly, Professor of Psychology, Northwestern University
The first wave of trailblazing female law professors and the stage they set for American democracy. When it comes to breaking down barriers for women in the workplace, Ruth Bader Ginsburg's name speaks volumes for itself-but, as she clarifies in the foreword to this long-awaited book, there are too many trailblazing names we do not know. Herma Hill Kay, former Dean of UC Berkeley School of Law and Ginsburg's closest professional colleague, wrote Paving the Way to tell the stories of the first fourteen female law professors at ABA- and AALS-accredited law schools in the United States. Kay, who became the fifteenth such professor, labored over the stories of these women in order to provide an essential history of their path for the more than 2,000 women working as law professors today and all of their feminist colleagues. Because Herma Hill Kay, who died in 2017, was able to obtain so much first-hand information about the fourteen women who preceded her, Paving the Way is filled with details, quiet and loud, of each of their lives and careers from their own perspectives. Kay wraps each story in rich historical context, lest we forget the extraordinarily difficult times in which these women lived. Paving the Way is not just a collection of individual stories of remarkable women but also a well-crafted interweaving of law and society during a historical period when women's voices were often not heard and sometimes actively muted. The final chapter connects these first fourteen women to the "second wave" of women law professors who achieved tenure-track appointments in the 1960s and 1970s, carrying on the torch and analogous challenges. This is a decidedly feminist project, one that Justice Ruth Bader Ginsburg advocated for tirelessly and admired publicly in the years before her death.
How do men's and women's paths to political office differ? Once in office, are women's powers more constrained than those of men? The number of women in executive leadership positions has grown substantially over the past five decades, and women now govern in vastly different contexts around the world. But their climbs to such positions don't necessarily correspond with social status and the existence of gender equity. In Shattered, Cracked, or Firmly Intact? Farida Jalalzai outlines important patterns related to women executive's paths, powers, and potential impacts. In doing so, she combines qualitative and quantitative analysis and explores both contexts in which women successfully gained executive power and those in which they did not. The glass ceiling has truly shattered in Finland (where, to date, three different women have come to executive power), only cracked in the United Kingdom (with Margaret Thatcher as the only example of a female prime minister), and remains firmly intact in the United States. While women appear to have made substantial gains, they still face many obstacles in their pursuit of national executive office. Women, compared to their male counterparts, more often ascend to relatively weak posts and gain offices through appointment as opposed to popular election. When dominant women presidents do rise through popular vote, they still almost always hail from political families and from within unstable systems. Jalalzai asserts the importance of institutional features in contributing positive representational effects for women national leaders. Her analysis offers both a broad understanding of global dynamics of executive power as well as particulars about individual women leaders from every region of the globe over the past fifty years. Viewing gender as embedded within institutions and processes, this book provides an unprecedented and comprehensive view of the complex, contradictory, and multifaceted dimensions of women's national leadership.
In International Taxation of Trust Income, Mark Brabazon establishes the study of international taxation of trust income as a globally coherent subject. Covering the international tax settings of Australia, New Zealand, the UK, and the US, and their taxation of grantors/settlors, beneficiaries, trusts, and trust distributions, the book identifies a set of principles and corresponding tax settings that countries may apply to cross-border income derived by, through, or from a trust. It also identifies international mismatches between tax settings and purely domestic design irregularities that cause anomalous double- or non-taxation, and proposes an approach to tax design that recognises the policy functions (including anti-avoidance) of particular rules, the relative priority of different tax claims, the fiscal sovereignty of each country, and the respective roles of national laws and tax treaties. Finally, the book includes consideration of BEPS reforms, including the transparent entity clause of the OECD Model Tax Treaty.
Gender 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 citizenship and gender equality.
This book captures the Indian state's difficult dialogue with divorce, mediated largely through religion. By mapping the trajectories of marriage and divorce laws of Hindu, Muslim, and Christian communities in post-colonial India, it explores the dynamic interplay between law, religion, family, minority rights and gender in Indian politics. It demonstrates that the binary frameworks of the private-public divide, individuals versus group rights, and universal rights versus legal pluralism collapse before the peculiarities of religious personal law. Historicizing the legislative and judicial response to decades of public debates and activism on the question of personal law, it suggests that the sustained negotiations over family life within and across the legal landscape provoked a unique and deeply contextual evolution of both, secularism and religion in India's constitutional order. Personal law, therefore, played a key role in defining the place of religion and determining the content of secularism in India's democracy.
When and why do governments promote women's rights? Through comparative analysis of state action in seventy countries from 1975 to 2005, this book shows how different women's rights issues involve different histories, trigger different conflicts, and activate different sets of protagonists. Change on violence against women and workplace equality involves a logic of status politics: feminist movements leverage international norms to contest women's subordination. Family law, abortion, and contraception, which challenge the historical claim of religious groups to regulate kinship and reproduction, conform to a logic of doctrinal politics, which turns on relations between religious groups and the state. Publicly-paid parental leave and child care follow a logic of class politics, in which the strength of Left parties and overall economic conditions are more salient. The book reveals the multiple and complex pathways to gender justice, illuminating the opportunities and obstacles to social change for policymakers, advocates, and others seeking to advance women's rights.
The relationship between class and intimate violence against women is much misunderstood. While many studies of intimate violence focus on poor and working-class women, few examine the issue comparatively in terms of class privilege and class disadvantage. James Ptacek draws on in-depth interviews with sixty women from wealthy, professional, working-class, and poor communities to investigate how social class shapes both women's experiences of violence and the responses of their communities to this violence. Ptacek's framing of women's victimization as "social entrapment" links private violence to public responses and connects social inequalities to the dilemmas that women face.
Constitutionalism affirms the idea that democracy should not lead to the violation of human rights or the oppression of minorities. This book aims to explore the relationship between constitutional law and feminism. The contributors offer a spectrum of approaches and the analysis is set across a wide range of topics, including both familiar ones like reproductive rights and marital status, and emerging issues such as a new societal approach to household labor and participation of women in constitutional discussions online. The book is divided into six parts: I) feminism as a challenge to constitutional theory; II) feminism and judging; III) feminism, democracy, and political participation; IV) the constitutionalism of reproductive rights; V) women's rights, multiculturalism, and diversity; and VI) women between secularism and religion.
Theories of gender justice in the twenty-first century must engage with global economic and social processes. Using concepts from economic analysis associated with global commodity chains and feminist ethics of care, Ann Stewart considers the way in which 'gender contracts' relating to work and care contribute to gender inequalities worldwide. She explores how economies in the global north stimulate desires and create deficits in care and belonging which are met through transnational movements and traces the way in which transnational economic processes, discourses of rights and care create relationships between global south and north. African women produce fruit and flowers for European consumption; body workers migrate to meet deficits in 'affect' through provision of care and sex; British-Asian families seek belonging through transnational marriages.
Reproductive justice (RJ) is a pivotal movement that supplants the language and limitations of reproductive rights. RJ's tenets are that women have the human rights to decide if or when they'll become pregnant, whether to carry a pregnancy to term, and to parent the children they have in safe and healthy environments. Recognizing the importance of the rights at stake when the law addresses parenting and procreation, the authors in this book re-imagine judicial opinions that address the law's treatment of pregnancy and parenting. The cases cover topics such as forced sterilization, pregnancy discrimination, criminal penalties for women who take illegal drugs while pregnant, and state funding for abortion. Though some of the re-imagined cases come to the same conclusions as the originals, each rewritten opinion analyzes how these cases impact the most vulnerable populations, including people with disabilities, poor women, and women of color.
The Yearbook of European Environmental Law brings together topical analyses of contemporary European environmental law. Leading European and American academics provide in-depth scholarly articles covering a wide range of challenging issues. The Yearbook contains an easily accessible Annual Survey providing legal practitioners, academics, and policy-makers with detailed and indispensable information on current and future European environmental law. In addition the Yearbook features summaries and full texts of preparatory commission documents, green books, and other discussion papers, as well as a selection of reviews of books.
The Blackstone's Guide Series delivers concise and accessible books covering the latest legislation changes and amendments. Published within weeks of an Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. The Disability Discrimination Act 1995 (DDA) will be significantly amended as a result of the Disability Discrimination Act 1995 (Amendment) Regulations 2003. The Regulations introduce new concepts of discrimination, extend the scope of the Act and create new exemptions. They came into force on 1 October 2004, and on the same day the 'premises adjustments' provisions of the DDA also come into force. These will require service providers to make physical adjustments to their premises to accommodate disabled people. These two very significant pieces of legislation will thus have a considerable impact on everyday working practice across a wide range of sectors, including employment, education, housing, transport, and the provision of goods and services. This practical and easy-to-use Guide contains copies of the legislation and detailed commentary and is therefore a vital companion for anyone working in or seeking to understand this complex area of the law. including barristers, solicitors, service providers and advisors.
An international team of eighteen doctors, philosophers, and lawyers present a fresh and thorough discussion of the ethical, legal, and social issues raised by testing and screening for HIV and AIDS. They aim to point the way to practical advances but also to give an accessible guide for those new to the debate.
Constitutionalism affirms the idea that democracy should not lead to the violation of human rights or the oppression of minorities. This book aims to explore the relationship between constitutional law and feminism. The contributors offer a spectrum of approaches and the analysis is set across a wide range of topics, including both familiar ones like reproductive rights and marital status, and emerging issues such as a new societal approach to household labor and participation of women in constitutional discussions online. The book is divided into six parts: I) feminism as a challenge to constitutional theory; II) feminism and judging; III) feminism, democracy, and political participation; IV) the constitutionalism of reproductive rights; V) women's rights, multiculturalism, and diversity; and VI) women between secularism and religion.
When we talk about sex-whether great, good, bad, or unlawful-we often turn to consent as both our erotic and moral savior. We ask questions like, What counts as sexual consent? How do we teach consent to impressionable youth, potential predators, and victims? How can we make consent sexy? What if these are all the wrong questions? What if our preoccupation with consent is hindering a safer and better sexual culture? By foregrounding sex on the social margins (bestial, necrophilic, cannibalistic, and other atypical practices), Screw Consent shows how a sexual politics focused on consent can often obscure, rather than clarify, what is wrong about wrongful sex. Joseph J. Fischel argues that the consent paradigm, while necessary for effective sexual assault law, diminishes and perverts our ideas about desire, pleasure, and injury. In addition to the criticisms against consent leveled by feminist theorists of earlier generations, Fischel elevates three more: consent is insufficient, inapposite, and riddled with scope contradictions for regulating and imagining sex. Fischel proposes instead that sexual justice turns more productively on concepts of sexual autonomy and access. Clever, witty, and adeptly researched, Screw Consent promises to change how we understand consent, sexuality, and law in the United States today. |
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