In recent years, numerous jurisdictions have seen a significant shift in thinking about whether and to what extent matters involving the inner workings of a trust - so-called 'internal' trust disputes between settlors, trustees, and beneficiaries - are amenable to arbitration. Not only are parties expressing an increased desire to minimize the cost and delay of hostile trust litigation, but courts and legislatures from around the world have begun to demonstrate an increased willingness to allow these sorts of disputes to go to arbitration. Indeed, legislation allowing internal trust arbitration now exists in a number of jurisdictions, while courts in other countries have begun to allow mandatory arbitration of these types of disputes even in the absence of subject-specific statutes. This book discusses recent and anticipated developments concerning trust arbitration in a variety of domestic and cross-border settings. In so doing, the text not only provides necessary information about the special nature of national and international trust arbitration, it also bridges the gap between trust law and arbitration law by bringing together authors with expertise in both fields. Furthermore, this book is the first to provide detailed and critical analysis of various institutional initiatives in the area of trust arbitration (including measures proposed by the American Arbitration Association, the American College of Trust and Estate Counsel, the English Trust Law Committee, and the International Chamber of Commerce) and to offer in-depth coverage of various national, international, and comparative issues, including the applicability of the New York Convention and the Hague Trust Convention to internal trust arbitration. As a result, this book is a must-have for specialists in both trust law and arbitration law.

Gender and Justice is a unique core textbook that introduces key concepts through case studies. Each chapter opens with a compelling case study that illustrates key concepts, followed by a narrative chapter that builds on the case study to introduce essential elements. Each chapter features pedagogical elements-learning objectives, key terms, review and study questions, and suggestions for further learning and exploration. In addition to the unique case study approach, this book is distinctive in its inclusion of LGBTQ experiences in crime, victimization, processing, and punishment. Gender and Justice also addresses masculinity and the role it plays in defining offenders and victims, as well as challenges posed by the gender gap in offending.

The never-before-told story of Ewan Forbes and the landmark case that rocked British society and transformed transgender experience to this day *LONGLISTED FOR THE HISTORICAL WRITERS' ASSOCIATION CROWNS* 'A remarkable story' The Times 'Almost reads like a thriller' Sunday Times 'One of the most important pieces of investigative journalism ever written about trans people' i ------------------- Ewan Forbes was born Elisabeth Forbes to a wealthy landowning family in 1912. It quickly became clear that the gender applied to him at birth was not correct, and from the age of six he began to see specialists in Europe for help. With the financial means of procuring synthetic hormones, Ewan was able to live as a boy, and then as man, and was even able to correct the sex on his birth certificate in order to marry. Then, in 1965, his older brother died and Ewan was set to inherit the family baronetcy. After his cousin contested the inheritance on the grounds that it could only be inherited by a male heir, Ewan was forced to defend his male status in an extraordinary court case, testing the legal system of the time to the limits of its understanding. In The Hidden Case of Ewan Forbes, Zoe Playdon draws on the fields of law, medicine, psychology and biology to reveal a remarkable hidden history, uncovering for the first time records that were considered so threatening that they had been removed from view for decades.

How do modern Muslims' attitudes to marital violence and patriarchy relate to the Islamic tradition? In recent years, discussion regarding the interpretation of the Qur'an has become highly controversial. Especially contentious is passage 4:34, which covers the legitimacy of marital violence and the subjugation of women within Islam. Scholarly opinion on the topic is heavily influenced by contemporary context, so the issue remains largely unsettled. While pre-colonial Islamic jurists permitted the use of violence against women, they still held ethical concerns about the disciplinary privileges of husbands. Consequently, the debate for these early scholars was focussed on the level of violence permitted, and how to apply the three disciplinary steps: admonishment, abandonment, and physical abuse. Ayesha Chaudhry argues that all living religious traditions are rooted in a patriarchal, social, and historical context, and they need ways to reconcile gender egalitarian values with religious tradition. Post-colonial, modern Islamic scholars that consult the Qu'ran for gender-egalitarian interpretations must confront a difficult and unique debate: equality vs authority. As in many religions, authority is derived from tradition, rebelling from which results in a loss of authority in the eyes of the community. Chaudhry reveals that Muslims do not speak with one voice about Islam. Instead, Muslim scholarly discourse is spirited and diverse. The voices of contemporary Muslim scholars enrich the scope of the 'Islamic tradition'. Many recent works on Islam strive to promote a 'public relations' image of Islam. This book deals with ethical problems of domestic violence as discussed in historic and contemporary Islamic religious doctrine. The stakes are high, and very real. The author confronts the significant issue of how modern Muslims can relate to Islamic tradition and the Qur'anic text.

This book addresses the 'three moments' in lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum seekers' and refugees' efforts to secure protection: The reasons for their flight, the Refugee Status Determination process, and their integration into the host community once they are recognized refugee status.The first part discusses one of the most under-researched areas within the literature devoted to asylum claims based on sexual orientation and gender identity, namely the reasons behind LGBTI persons' flight. It investigates the motives that drive LGBTI persons to leave their countries of origin and seek sanctuary elsewhere, the actors of persecution, and the status quo of LGBTI rights. Accordingly, an intersectional approach is employed so as to offer a comprehensive picture of how a host of factors beyond sexual orientation/gender identity impact this crucial first stage of LGBTI asylum seekers' journey.In turn, the second part explores the challenges that LGBTI asylum seekers face during the RSD process in countries of asylum. It first examines these countries' interpretations and applications of the process in relation to the relevant UNHCR guidelines and questions the challenges including the dominance of Western conceptions and narratives of sexual identity in the asylum procedure, heterogeneous treatment concerning the definition of a particular social group, and the difficulties related to assessing one's sexual orientation within the asylum procedure. It subsequently addresses the reasons for and potential solutions to these challenges.The last part of the book focuses on the integration of LGBTI refugees into the countries of asylum. It first seeks to identify and describe the protection gaps that LGBTI refugees are currently experiencing, before turning to the reasons and potential remedies for them.

The adoption of Security Council resolution 1325 on women, peace and security in October 2000 marked the beginning of a global agenda on women in armed conflicts and post-conflict transition. Women, Peace and Security: Repositioning gender in peace agreements discusses the context and the content of this UN agenda and provides a systematic review of its implementation, over the last fifteen years, in peace agreements around the world.This book is timely, offering a valuable contribution to the literature on gender in armed conflicts, peace agreements, peace mediation, and transitional justice and is essential reading for practitioners and scholars working in this field. The study adopts an interdisciplinary approach to raise key theoretical and practical questions often overlooked by scholars working within the strict boundaries of the distinct disciplines. The book introduces a new dataset on peace agreements that provides important comprehensive evidence on the extent to which resolution 1325 and other subsequent resolutions on women, peace and security have impacted on peace agreements. Through the reflections of elite peacemakers, the book provides additional insights into the practice of peacemaking and the challenges of implementing the UN resolutions on women, peace and security on the ground.The findings of this book have important policy implications for governments, international organisations and NGOs who must refocus their efforts on bridging the gap between the theory and practice of gender sensitive peacemaking.

Law is often perceived as an instrument that can effect social change. While this might be so, it must be complemented by the necessary financial and human resources to make the law effective. Natalie Persadie explains that, among developing countries, such as Trinidad and Tobago, the achievement of legal advances for women-at either the international or national levels-is particularly difficult where practical measures are not subsequently implemented. This is, perhaps, attributable to a lack of political will. Important issues such as gender equality and domestic violence are not given priority and laws aimed at protecting women and promoting women's rights are ineffective, scant, or unenforced. Gender justice can only be realized through a multilevel approach from above and, more importantly, from below, as women have the potential to effect real national and international legal and institutional change to ensure gender equality at both levels.

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.

In States of Passion: Law, Identity and the Social Construction of Desire, Professor Yvonne Zylan explores the role of legal discourse in shaping sexual experience, sexual expression, and sexual identity. The book focuses on three topics: anti-gay hate crime laws, same-sex sexual harassment, and same-sex marriage, examining how sexuality is socially constructed through the institutionally-specific production of legal discourse.
States of Passion argues that law's power to authorize specific discourses and practices of love, desire, hatred, fear, and vulnerability remain grounded in the powerful discourses and institutional practices that mark law as dispassionate, cerebral, and fundamentally procedural. States of Passion contends that those states of passion we experience in our daily lives as particularly significant-to our sense of self, to our collective and social identities, and to our ideas about the body and its dictates-increasingly have as much to do with the state as they do with passion.

It is unique in that it is designed and intended to be used to facilitate discussion and to disseminate awareness within real life settings - for example, in a staff room for Inset Days, or for social workers in their team meetings. This workbook has been written for anyone to be able to facilitate a session with colleagues, which takes between 1-3 hours depending on the facilitator and group's needs. The introduction details how to use the book and how to facilitate a training session using the material, including being aware of how people could be triggered by looking at this difficult subject. Will be of interest to all professionals who have a mandatory responsibility to report FGM cases such as qualified teachers, social workers, and health care professionals (nurses, midwives and health visitors particularly).

Rooted in the civil law systems of continental Europe, where foundations originally served mainly charitable purposes, the private foundation is an innovative development in common law jurisdictions. More and more jursidictions are introducing private foundations as an alternative to trusts and practitioners are increasingly asked to advise clients on the intricacies of the developing law and the differences between jurisdictions. Private Foundations World Survey is the first survey book to consider comprehensively private foundations law and practice in each of the key jurisdictions. With a unique questionnaire format and summary factsheet for easy reference, it examines all the fundamental aspects of setting up and maintaining a private foundation, with reference to relevant legislation and case law. The two expert editors, along with a team of leading international practitioners, cover an exhaustive range of topics, including protectors, taxation, alternatives to private foundations, forced heirship, divorce, asset protection, and migration of private foundations as well as anti-money laundering and KYC requirements. Alongside 21 jurisdiction-specific chapters (which include jurisdictions where the law is still developing, as well as those with more established systems), the book contains general chapters on the uses of foundations and taxation issues in the UK and US. It thus provides readers with all the information they need to confidently assess and advise on any aspect of private foundations law.

In the first book-length treatment of the application of feminist theories of international law, Charlesworth and Chinkin argue that the absence of women in the development of international law has produced a narrow and inadequate jurisprudence that has legitimated the unequal position of women worldwide rather than confronting it. The boundaries of international law provides a feminist perspective on the structure, processes and substance of international law, shedding new light on treaty law, the concept of statehood and the right of self-determination, the role of international institutions and the law of human rights. Concluding with a consideration of whether the inclusion of women in the jurisdiction of international war crimes tribunals represents a significant shift in the boundaries of international law, the book encourages a dramatic rethinking of the discipline of international law. With a new introduction that reflects on the profound changes in international law since the book's first publication in 2000, this provocative volume is essential reading for scholars, practitioners and students alike. -- .

Two LGBTQ affirmative US Supreme Court Rulings occurred in the second decade of the twenty-first century: the 2015 Obergefell ruling in support of same sex marriage, and the 2020 Bostock decision ruling that discrimination on the basis of sexual orientation and gender identity is prohibited by Title VII. In The Politicalization of Trans Identity: An Analysis of Backlash, Scapegoating, and Dogwhistling from Obergefell to Bostock, Loren Cannon critiques the opinions of the court in both cases. Cannon carefully presents the evidence that transgender identity itself has become politicized post Obergefell and provides a thorough consideration of the ramifications of this politicization across the nation, especially in the form of proposed legislation and violence. Cannon argues that the politicization of trans identity can rightfully be understood as a backlash response to the Obergefell decision and increased LGBTQ equality. According to Cannon, aspects of the politicization can be characterized as scapegoating and as dog whistling. This book offers unique contributions to the understanding of these ideas, including a creative application of Rene Girard's theory of scapegoating. Lastly, Cannon argues that conceptually, virtue signaling needs to be paired with dog whistling to have the political result that the whistler intends.

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

She Took Justice: The Black Woman, Law, and Power - 1619 to 1969 proves that The Black Woman liberated herself. Readers go on a journey from the invasion of Africa into the Colonial period and the Civil Rights Movement. The Black Woman reveals power, from Queen Nzingha to Shirley Chisholm. In She Took Justice, we see centuries of courage in the face of racial prejudice and gender oppression. We gain insight into American history through The Black Woman's fight against race laws, especially criminal injustice. She became an organizer, leader, activist, lawyer, and judge - a fighter in her own advancement. These engaging true stories show that, for most of American history, the law was an enemy to The Black Woman. Using perseverance, tenacity, intelligence, and faith, she turned the law into a weapon to combat discrimination, a prestigious occupation, and a platform from which she could lift others as she rose. This is a book for every reader.

A unique introduction to the constitutional arguments for and against the right to abortion In January 1973, the Supreme Court's opinion in Roe v. Wade struck down most of the country's abortion laws and held for the first time that the Constitution guarantees women the right to safe and legal abortions. Nearly five decades later, in 2022, the Court's 5-4 decision in Dobbs v. Jackson Women's Health Organization overturned Roe and eliminated the constitutional right, stunning the nation. Instead of finally resolving the constitutional issues, Dobbs managed to bring new attention to them while sparking a debate about the Supreme Court's legitimacy. Originally published in 2005, What Roe v. Wade Should Have Said asked eleven distinguished constitutional scholars to rewrite the opinions in this landmark case in light of thirty years' experience but making use only of sources available at the time of the original decision. Offering the best arguments for and against the constitutional right to abortion, the contributors have produced a series of powerful essays that get to the heart of this fascinating case. In addition, Jack Balkin gives a detailed historical introduction that chronicles the Roe litigation-and the constitutional and political clashes that followed it-and explains the Dobbs decision and its aftermath.

Is prostitution immoral? In this book, Rob Lovering argues that it is not. Offering a careful and thorough critique of the many-twenty, to be exact-arguments for prostitution's immorality, Lovering leaves no claim unchallenged. Drawing on the relevant literature along with his own creative thinking, Lovering offers a clear and reasoned moral defense of the world's oldest profession. Lovering demonstrates convincingly, on both consequentialist and nonconsequentialist grounds, that there is nothing immoral about prostitution between consenting adults. The legal implications of this view are also brought to bear on the current discourse surrounding this controversial topic.

This new edition of The Law of Trusts provides comprehensive and up to date coverage of both the general principles and the application of trust law in specific areas of legal practice.
The book has been fully revised and updated to take into account recent legislation and case law from key trust jurisdictions, and to include new material on the rule in Hastings-Bass; different applications of the constructive trust; trustees' liability for breach of trust; the taxation of trusts and estate planning; trusts of pension schemes and financial regulation. It also contains expanded material on areas that have recently grown in importance, such as the emergence of shams and retention of control of trust assets by the settlor; and the growing use of Special Purpose Vehicles in offshore commercial dealings.
The book is helpfully split into two parts along these lines: Part One considers the general principles involved and includes coverage of: all aspects of express private trusts; the duties and powers of trustees; the variation of trusts; trusts implied by law; and breach of trusts. Part Two puts the general principles to work by covering key practice areas including: insolvency; private client trusts; international trusts; pension funds; financial transactions; commercial transactions; and trusts of land. This is a substantial work written by expert academics who also have experience of practice, supported by contributions from key specialists.

This book provides an in-depth examination of current, high-profile debates about the use of sexual history evidence in rape trials and presents original findings regarding the impact of this evidence on jurors. The book presents findings of the first research in England and Wales that has examined how jurors interpret, discuss, and rely upon sexual history evidence in deliberations. It draws upon qualitative and quantitative findings of 18 mock jury simulation panels, to highlight the complex, nuanced and intersectional impact of this evidence. Findings highlight ongoing prejudicial impact of sexual history evidence, with jurors routinely drawing upon rape myths and stereotypes about sexual violence, to posit relevance of this evidence and undermine the perceived credibility of the complainant. These findings are embedded within broader discussions about evidential legitimacy in rape trials and use good practice observed in other jurisdictions, to make numerous recommendations for change. Aiming to inform academic, policy and legislative discussions in this area, Sexual History Evidence in Rape Trails will be of great interest to students and scholars of Criminal Law and Criminology, as well as policy makers and legal practitioners.

This book argues that past inattentive treatment by state criminal justice agencies in relation to domestic abuse is now being self-consciously reversed by neoliberal governing agendas intent on denouncing crime and holding offenders to account. Criminal prosecutions are key to the UK government's strategy to end Violence Against Women and Girls. Crown Prosecution Service policy affirms that domestic abuse offences are 'particularly serious' and prosecutors are reminded that it will be rare that the 'public interest' will not require of such offences through the criminal courts. Seeking to unpick some of the discourses and perspectives that may have contributed to the current prosecutorial commitment, the book considers its emergence within the context of the women's movement, feminist scholarship and an era of neoliberalism. Three empirical chapters explore the prosecution commitment on the one hand, and the impact on women's lives on the other. The book's final substantive chapter offers a distinctive normative conceptual framework through which practitioners may think about women who have experienced domestic abuse that will have both intellectual appeal and practical application.

Through a comparative analysis involving 15 countries from around the world this book provides an invaluable assessment of women's equality at the global level. This book explores the constitutional protection of equality and women's rights in 15 countries drawn from Africa, America, Asia, and Europe. The work focuses on formal constitutional provisions as well as the substantial level of protection women's equality has achieved in the systems analysed. The investigations involve looking at the relevant gender-related legislation, the participation of women in the institutional arena, and the constitutional interpretation made by constitutional justice on gender issues. Furthermore, the book highlights women's contribution in their roles as judges, parliamentarians, activists and academics, thus increasing the visibility of women's participation in the public sphere. The work will be of interest to academics, researchers and policy-makers working in the areas of Constitutional Law, Human Rights Law and Women's and Gender Studies.

Sexuality in the Swedish Police is based on the experiences of lesbian, gay and bisexual police officers and the author's observations of police work. Written at the intersection of organizational, gender and police studies, the book analyses how processes of exclusion and inclusion of LGB sexuality coexist in the Swedish police, how these processes are related to the culture and characteristics of police work, and how police management attempts to create an inclusive organisation. How and under what conditions does the exclusion and inclusion of LGB officers and LGB sexuality take place in the Swedish police? By delving into this question, the author seeks to answer, among other things, how it is that there are so few openly gay male police officers and how barriers to inclusion can be understood. The book contributes to a better understanding of the problems and activities associated with diversity issues, particularly with a focus on sexual orientation, but also more generally; many of the insights in the book can be used to understand the inclusion and exclusion of other groups in society. A key insight from the book is that inclusion and exclusion are collective processes characterized by struggle, a struggle that according to the author can be understood through the concept of "peripheral inclusion". Sexuality in the Swedish Police will be of great interest to scholars and students as well as practitioners with an interest in diversity issues and policing. The book is also relevant to those working in or interested in diversity, inclusion and equality in other similarly "masculinized" organizations, such as the armed forces and certain sports organisations.

This book brings together literature, empirical research findings from two projects, and policy analysis to examine how some forces in England have adopted the approach of treating crimes against sex workers as hate crimes. This book identifies some of the benefits of the hate crime approach to crimes against sex workers, both operationally and for some of the victims of crime. The authors argue that the hate crime approach should not be seen as an alternative to decriminalisation of sex work but can provide a pathway to achieving more sensitive but robust policing of crimes against sex workers and support in accessing justice through the criminal justice system. They also examine the broader context of hate crime policy and scholarship as they debate the relevance, problems and merits of the sex work hate crime model. The book provides another dimension to current theoretical and policy debates about widening definitions and law around hate crime to include other groups beyond existing protected characteristics.

Among the many important tools feminist legal theorists have given scholars is that of anti-essentialism: all women are not created equal, and privilege varies greatly by circumstances,particularly that of race and class. Yet at the same time, feminist legal theory tends to view men through an essentialist lens, in which men are created equal. The study of masculinities, inspired by feminist theory to explore the construction of manhood and masculinity, questions the real circumstances of men, not in order to deny men's privilege but to explore in particular how privilege is constructed, and what price is paid for it. In this groundbreaking work, feminist legal theorist Nancy E. Dowd exhorts readers to apply the anti-essentialist model-so dominant in feminist jurisprudence-to the study of masculinities. She demonstrates how men's treatment by the law and society in general varies by race, economic position, sexuality, and other factors. She applies these insights to both boys and men, examining how masculinities analysis exposes both privilege and subordination. She examines men's experience of fatherhood and sexual abuse, and boys' experience in the contexts of education and juvenile justice. Ultimately, Dowd calls for a more inclusive feminist theory, which, by acknowledging the study of masculinities, can broaden our understanding of privilege and subordination.

This book examines diverse literary writings in Bangla related to crime in late nineteenth and early twentieth century colonial Bengal, with a timely focus on gender. It analyses crime-centred fiction and non-fiction in the region to see how actual or imagined crimes related to women were shaped and fashioned into images and narratives for contemporary genteel readers. The writings have been examined within a social-historical context where gender was a fiercely contested terrain for publicly fought debates on law, sexual relations, reform, and identity as moulded by culture, class, and caste. Both canonized literary writings (like those of Bankim Chatterji) as well as non-canonical, popular writings (of writers who have not received sufficient critical attention) are scrutinised in order to examine how criminal offences featuring women (as both victims and offenders) have been narrated in early manifestations of the genre of crime writing in Bangla. An empowered and thought-provoking study, this book will be of special interest to scholars of criminology and social justice, literature, and gender.