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Books > Law > English law
The University of Cape Town holds an annual Celebrating Africa Month, a programme designed to honour the university’s connectedness and engagement in and around Africa. The various activities that take place during the month culminate in The Big Debate, a panel discussion on a topic of African relevance. The panel is made up of intellectuals from UCT and around the continent. Panelists who have taken part in The Big Debate over the years have all contributed written pieces to a series of books called the Celebrating Africa Series in the hands of the managing editor, Emma Arogundade, and series editors Prof. Harry Garuba and Prof. Evance Kalula. Contested Intimacies: Sexuality, Gender and the Law in Africa is the latest title in this series, following on from 2014’s Big Debate, the topic of which was Sexuality and the Law. A timely collection of essays, Contested Intimacies offers five unique analyses of the ways that sexuality, gender, and the law interact in eastern and southern African countries, primarily Uganda and South Africa. The authors argue strenuously for social critiques of the law that attend to the intricate intersections between different aspects of identity, whether class, race, national identity, within national, continental, and global debates about the status of gender and sexual minorities. In one way or another, all of the essays in this book also name patriarchy and its interest in validating heteronormative bonds as the chief motivation for anti-homosexuality and ‘decency’ laws in Africa. With such incisive research, Contested Intimacies creates a critical space in which feminists and LGBTI communities, along with their allies, can forge new strategies in the effort to create a more just world, whether at the level of immediate locality, nation, or the continent.
In the landmark Lavallee decision of 1990, the Supreme Court of Canada ruled that evidence of "battered woman syndrome" was admissible in establishing self-defence for women accused of killing their abusive partners. This book looks at the trials of eleven battered women, ten of whom killed their partners, in the fifteen years since Lavallee. Drawing extensively on trial transcripts and a rich expanse of interdisciplinary sources, the author looks at the evidence produced at trial and at how self-defence was argued. By illuminating these cases, this book uncovers the practical and legal dilemmas faced by battered women on trial for murder.
Universally considered to be pathbreaking, landmark, original, and provocative since its first edition was published three decades ago, "Women in Law" continues to provide a sociological and historical analysis of the overt and subtle ceilings placed on women in the legal profession in their various roles. It is a foundational work for departments of gender studies, law, and sociology - but also reads as accessible and interesting to a general audience. Adding a new foreword by Stanford's Deborah Rhode, the thirtieth anniversary edition of this classic book reports countless revealing interviews, war stories, and inside glimpses of the many professional roles that women inhabit: lawyers, judges, professors, leaders, and backroom labor. It also brings vividly to life the candid - and sometimes cringeworthy - assessments by male lawyers and judges about the changes to the profession ushered in by the increasing entry of women to the lawyers' club. Part of the "Classics of Law & Society" Series from Quid Pro, "Women in Law" is recognized as within the canon of its field, and now is available in a modern paperback format. It features embedded page numbers from the previous print editions (to facilitate referencing, classroom assignment, and continuity with the new ebook editions), as well as all the original tables and figures. "From the new Foreword: " "When Cynthia Fuchs Epstein published her pathbreaking account of "Women in Law," their status in the profession was separate and anything but equal.... Over the last three decades, much has changed but too much has remained the same. Now, about half of new lawyers in the United States are women and they are fairly evenly distributed across substantive areas. Yet significant gender disparities persist. Women constitute about a third of the lawyers in large firms, but only about 17 percent of equity partners. Attrition rates are almost twice as high among female associates as among comparable male associates.... When Epstein published "Women in Law," part of what attracted its widespread acclaim was its originality; it was among the first in what has now become a rich literature on gender and diversity in the profession. Indeed, the fact that the book is being reissued testifies not only to its enduring scholarly value, but also to the attention that the issue now commands.... Her book helped inspire that movement, and our profession remains deeply in her debt." - Deborah L. RhodeErnest W. McFarland Professor of Law, Stanford Law School "Impressive ... a story which the legal world can read with no legal pride and which others will read with substantial interest." - "New York Times Book Review" (reviewing the first edition)
"Little did I know that my intimidation by senior officers in the UNDP had only just begun." Fouzia Saeed dreamed of bringing social change to the women of Pakistan and was thrilled to land her dream job at the world's ethical compass and institutional tour de force: The United Nations. As expected, the UN was a gathering place for passionate minds devoted to human rights and justice for all. Shockingly, at the UN mission in Pakistan it was also a breeding ground for powerful men who viewed women as sexual objects rather than professional equals. Refusing her boss's advances didn't stop the harassment. Reporting him to superiors didn't either. In her years-long struggle with torment and humiliation at the UN, Fouzia held strong, knowing her fight for women's rights was the only thing that could keep her going. But how do you fight for others' rights when you cannot even take hold of your own? Can you ever change a culture that views sexual harassment by a man as a woman's crime? Fouzia and a group of female colleagues, who similarly suffered in the workplace, gained the courage to risk their reputations. They filed a joint compliant and promptly found themselves under attack by their managers who aligned with the perpetrator in an effort to crush their case. Working with Sharks follows eleven indestructible women and the case that sparked a national movement and culminated in the passage of legislation that made sexual harassment a crime in Pakistan in 2010. Inspirational and poignant, Working with Sharks encourages women in any part of the world to find their voice and stand up to sexual harassment.
In Responsibility to Protect and Women, Peace and Security: Aligning the Protection Agendas, editors Sara E. Davies, Zim Nwokora, Eli Stamnes and Sarah Teitt address the intersections of the Responsibility to Protect (R2P) principle and the Women, Peace, and Security (WPS) agenda. Contributions from policy-makers and academics consider both the merits and the utility of aligning the protection agendas of R2P and WPS. A number of actionable recommendations are made concerning a unification of the agendas to best support the global empowerment of women and the prevention of mass atrocities.
Nancy Gertner launched her legal career by defending antiwar
activist Susan Saxe, who was on trial for her role in a robbery
that resulted in the murder of a police officer. After this
high-profile, highly charged case, Gertner continued to cause a
stir in case after riveting case. She threw herself into criminal
and civil cases focused on women's rights and civil liberties,
establishing herself as a talented and unrepentant advocate for
women. Now she looks back on that storied career of groundbreaking
firsts and tells of her struggle to succeed personally and
professionally while working on benchmark cases.
This book is a step-by-step estate planning guide for gay couples and lesbian couples. There are individual chapters about estate plans for couples with minor children; couples with adult children; and couples without children. If you already have an estate plan, use the book to evaluate if your estate plan is up-to-date or if changes are necessary. Some of the topics included are: wills don't avoid probate; beneficiary designations supersede wills; a power of attorney terminates when you die; always name an alternate power of attorney; estate taxes (updated to include 2013 estate tax law); a properly funded living trust will avoid probate; how to pick an estate planning attorney; and how a living trust differs from living wills. Forms There are no do-it-yourself legal forms, but there are 10 forms and checklists for download (included in the price of the book)which make estate planning comprehensive, efficient and easy. A Personal Note from the Author "Although I've been an estate planning and probate attorney for 30 years, I'm really in the Peace of Mind business. Once you have your affairs in order, you and your partner will have made things as easy as possible for your loved ones and you will achieve peace of mind. But there's an even better reason - when you have your affairs in order, you've also made things as easy as possible for your partner."
This work is a systematic analysis of the subject of disability and society as encountered in institutions of higher learning in Kenya. Experiences of women students with disabilities in Kenyan universities demonstrates that marginalization of people with disabilities is an insidious reality in virtually all societies. Across Africa, dialogue on discrimination against individuals with disability has for a long time been silenced resulting into minimal participation and representation of this population in the political, social, cultural, and economic and development initiatives in the continent. Only a few texts have examined the question of disability and the status of people with disabilities in Africa and more so, with reference to gender and higher education. Filing this gap, this book discusses the experiences of women students with disabilities in university education in Kenya. It analyzes the challenges these women face and how they deal with those challenges. There is evidence of ableim in Kenyan higher education institutions and in the society as a whole. Individuals, government and societal institutions should work together to address ableism and promote an inclusive society. What others say Disability is not inability. This cutting edge text reveals that although women students with disabilities in Kenyan universities face numerous challenges, they are determined to succeed. The desire to lead a better life is the glue that gives these women the determination to challenge their subjugated positions in society. This book provides important recommendations for policy, practice and research which Kenya and other African nations can learn from to change things for the better. It is an important and timely read to be enjoyed by everyone. - " Chris Atuti, Toronto, Canada." This book brings us in touch with the lives of women, and their struggles, so as to inspire the collective need to address disability in more thought provoking ways. Skilfully, Bathseba depicts the complexity of living with disability through her ethnographic account of twenty women students in Kenyan universities. Through this unique research and analysis, the reader comes to know that every experience of disability needs to be understood as a fully social, political, and historical, not to mention valid, way of being-in-the-world. Bathseba has produced a book that is a must read for anyone interested in exploring education as it is interwoven with the meanings of race, gender, class and disability in and through the Kenyan context - " Dr. Tanya Titchkosky Associate Professor, Associate Chair, and Graduate Coordinator, Ontario Institute for Studies in Education, University of Toronto." This book is an outstanding sociological exploration of gender, disability and higher education in the African context. The women's stories come alive in this brilliant and sensitive interpretation of challenges and accomplishments of women students with disabilities in Kenyan universities. By giving voice to those who are rarely heard, Bathseba contributes to a comprehensive understanding of the student experience. - ." Sandra Acker, Professor Emeritus, Ontario Institute for Studies in Education, University of Toronto." About the Author Bathseba Opini teaches at the Ontario Institute for Studies in Education and the African Studies Program, University of Toronto. She is the author of the Children's Book "Africans Thought of It: Amazing Innovations" (with Richard Lee). Her other published works can be found in the " International Journal of Inclusive Education, " the " Scandinavian Journal of Disability Research and the Journal of Postsecondary Education and Disability."
It is a matter of some difficulty for the English lawyer to predict the effect of a misapprehension upon the formation of a contract. The common law doctrine of mistake is a confused one, with contradictory theoretical underpinnings and seemingly irreconcilable cases. This book - now in paperback - explains the common law doctrine through an examination of the historical development of the doctrine in English law. Beginning with an overview of contractual mistakes in Roman law, the book examines how theories of mistake were received at various points into English contract law, from Roman and civil law sources. These transplants, made for pragmatic rather than principled reasons, were combined in an uneasy manner with the pre-existing English contract law. The book also examines the substantive changes brought about in contractual mistake by the Judicature Act 1873 and the fusion of law and equity. Through its historical examination of mistake in contract law, the book provides not only insights into the nature of innovation and continuity within the common law, but also the fate of legal transplants.
While 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.'
The recognition of the capacity of women entrepreneurs in our global community is no longer a matter of debate, but a realisation that female entrepreneurship is now forming one of the major factors contributing to the development of many countries, and not just countries in transition. Most women entrepreneurs are seen to be more realistic about their commercial prodigies and often make attempts to develop them within a family environment, while men gravitate more towards developing business hierarchies with defined rules and working business procedures. Women in Business: Theory, Practice and Flexible Approaches is a practical book that provides support and practical planning tools to guide both established and aspiring female entrepreneurs. Because self-employment and entrepreneurial activities are decisions that cannot be taken lightly, a number of checklists and tests which could be used to make entrepreneurial decision-making processes easier and more effective are discussed within the framework of feminist theories. Professor Mirjana Radoviae Markoviae - is professor and researcher in the field of Entrepreneurship. She is an author of ten books devoted to business management and entrepreneurship. Professor Radovic holds a Degree in Economics, a Masters Degree in Theoretical Economy and a Ph.D. in Economics from Belgrade University. She has served as guest lecturer at a number of universities, foundations and institutes in Moscow, The Hague, New York, Washington DC, San Francisco, St. Paul, Atlanta, Portland, and New Orleans. She has twice won scholarships from the United Nations for her studies in Russia and India. Dr Imani Silver Kyaruzi, an Entrepreneurship and Economic Development analyst, holds a Ph.D. in Economic Geography and Entrepreneurship from The University of Birmingham, an MBA in Entrepreneurship from Birmingham City University and BA (Hons) degree from The University of Wolverhampton. He teaches both graduate and undergraduate courses in Entrepreneurship and Management at London Graduate School of Management. He is also Visiting Professor of Entrepreneurship at the University of Kragujevac, Serbia. He is the editor of African Businesses and Economic Growth: Institutions, Firms, Practices and Policy. His works on entrepreneurship and local economic growth have been published in English and Swahili. His main research interests include entrepreneurship and SME developmen
A practical guide for the non-contentious commercial lawyer, this book provides a cradle to grave view of transactions relating to the supply of goods and services. The core of the book deals with pre-contractual issues and the formation of the relevant contracts, then moves on to discharge of contractual obligations. Finally, defective performance is covered. The book comes with a CD-rom of precedents. Wilkinson provides definitive guidance on road traffic offences in England and Wales. This supplement brings the text up to date with developments in the law since publication of the 24th edition.
Tort law is the body of law governing negligence, intentional misconduct, and other wrongful acts for which civil actions can be brought. The conventional wisdom is that the rules, concepts, and structures of tort law are neutral and unbiased, free of considerations of gender and race. In The Measure of Injury, Martha Chamallas and Jennifer Wriggins prove that tort law is anything but gender and race neutral. Drawing on an in-depth analysis of case law ranging from the Jim Crow South to the 9/11 Victim Compensation Fund, the authors demonstrate that women and minorities have been under-compensated in tort law and that traditional biases have resurfaced in updated forms to perpetuate patterns of disparate recovery based on race and gender. Grappling with tort theory, the intricacies of legal doctrine and the practical effects of legal rules, The Measure of Injury is a unique treatise on torts that uncovers the public and cultural dimensions of this always-controversial domain of private law.
Extensive welfare, law, and policy reforms characterized the making and unmaking of Keynesian states in the 20th century. This collection highlights the gendered nature of these regulatory shifts and, specifically, the roles played by women - as reformers, welfare workers, and welfare recipients - in the historical development of welfare states. The contributors are leading feminist socio-legal scholars from a range of disciplines in the US, Canada, and Israel. Collectively, their analyses of women, law, and poverty speak to long-standing and ongoing feminist concerns: the importance of historically informed research, the relevance of women's agency and resistance to the experience of inequality and injustice, the specificity of the experience of poor women and poor mothers, the implications of changes to social policy, and the possibilities for social change. Such analyses are particularly timely as the devastation of neo-liberalism becomes increasingly obvious. The current world crisis of capitalism is a defining moment for liberal states - a global catastrophe that concomitantly creates a window of opportunity for critical scholars and activists to reframe debates about social welfare, work, and equality, and to reinsert the discourse of social justice into the public consciousness and political agenda of liberal democracies. (Series: Onati International Series in Law and Society)
Susan Gluck Mezey's newest book, Gay Families and the Courts, is a compelling examination of the role of the state and federal courts in furthering the goals of the gay and lesbian community. Unlike Mezey's earlier book, Queers in Court, this book evaluates the extent to which litigation is effective in advancing equal rights for gay families-families in which at least one member is gay-as they seek to expand their opportunities and battle discrimination. Mezey shows how the courts address gay and lesbian rights and sexual orientation in schools and social organizations such as the Boy Scouts along with family-oriented problems such as marriage and parenthood. In doing so, Mezey emphasizes the complexity of the issues involved in the cases, and assesses the degree to which the outcome of the litigation is explained by the type of case, the type of court, and the judge's perception of his or her role as a policymaker. It is a valuable reference for scholars interested in judicial, legislative, and executive policymaking at the federal and state level as well as anyone interested in LGBT politics.
Patricia Pearl has been a solicitor in practice and latterly a Judge in a busy county court until elevation. She is used to hearing actions across the full spectrum of work, including consumer law, debt collection, road traffic and cases related to personal injury, employment and landlord and tenant. Andrew Goodman is a barrister in practice. Their book is practical and authoritative, its contents including: . Financial limits, cases excluded and choice of county court . Commencing proceedings, defending proceedings and the pre-arbitration hearing . Preparations for the hearing, lay representatives . The hearing: practice, evidence and presentation issues . Mediation . Challenging the result . Precedents . Enforcement . Fees and terms.
The book is about abuses of the domestic violence laws. I am an attorney in Pennsylvania. I was a victim of domestic violence. As a former victim of Domestic Violence, any violence makes me sad. As a conscientious attorney, the widespread abuse of the Domestic Violence Laws makes me sick. Victims of domestic violence need help! They need more shelters and more counselors. They need a criminal justice system that will punish the abusers and put them in jail! HOWEVER, this has to be done through the criminal justice system and through due process. It has to be taken out of civil court. Men's rights have to be protected as well as the women's rights. The current system is being seriously abused and the potential for continuing abuse is astronomical! Vindictive women and unscrupulous attorneys have made a total mockery out of the current system and way too many innocent men are serving a "life sentence" because of it!
Once the fog of war had cleared, the conflict in Iraq became the subject of intense and often heated debate about the constitutional and legal underpinning of Tony Blair's decision to stand shoulder to shoulder in the desert with George Bush, culminating in the attempt to impeach Tony Blair. In How To Go To War one of Britain's best young constitutional experts examines all the issues from both a domestic and an international point of view, and assesses how far the arguments of the dissenters stand up.
This collection of wide-ranging and powerful essays brings together policy makers at the highest level, campaigners for prison reform, chaplains and those working in prison charities. The contributors include the Lord Chief Justice, Sir David Ramsbotham, Baroness Helena Kennedy and many others. The question 'What is prison for?' lies at the heart of The Future of Criminal Justice. Should it be for punishing or rehabilitating the offender? Should it provde restoration and closure for both offender and victim? As well as answering these questions, the contributors explore how religious faith can make a difference to people's lives, whether in the prison ministry of chaplains, in the reconciliation between an offender and the victim, or in the vision for a fairer and better criminal justice system. With prisons and crime currently a focus of politics, The Future of Criminal Justice is a timely and invaluable contribution to the criminal justice debate. |
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