More than fifty years of civil rights legislation and movements have not ended employment discrimination. This book reframes the discourse about the "glass ceiling" that women face with respect to workplace inequality. It explores the unspoken, societally held beliefs that underlie and engender workplace behaviour and failures of the law, policy, and human nature that contribute "panes" and ("pains") to the "glass ceiling." Each chapter identifies an "unspoken belief" and connects it with failures of law, policy, and human nature. It then describes the resulting harm and shows how this belief is not imagined or operating in a vacuum, but is pervasive throughout popular culture and society. By giving voice to previously unvoiced - even taboo - beliefs, we can better address and confront them and the problems they cause.

This book takes readers behind the screen to uncover how digital technologies have affected the UK sex industry. The authors use extensive new datasets to explore the working practices, safety and regulation of the sex industry, for female, male and trans sex workers primarily working in the UK. Insights are given as to how sex workers use the internet in their everyday working lives, appropriating social media, private online spaces and marketing strategies to manage their profiles, businesses and careers. Internet Sex Work also explores safety strategies in response to new forms of crimes experienced by sex workers, as well as policing responses. The book will be of interest to students and scholars across a range of social science disciplines, including gender studies, socio-legal studies, criminology and sociology.

As Kenyan women traditionally have fewer formal employment opportunities, often occupying lower-paid jobs in the informal sector, the experiences of women who earn money in unorthodox ways can offer revealing insights into the agency of women and its limits. Grounded in the narratives and life stories of women selling sex in Kenya, Egle Cesnulyte reveals the range of gendered and gendering effects that neoliberal policies have on everyday socio-political realities. By contextualising and historicising contemporary debates in the field, this important interdisciplinary study explores the societal structures that neo-liberal narratives and reforms influence, their gendered effects, and the extent to which individuals must internalise neoliberal economic logics in order to make or improve their living. In so doing, Cesnulyte counters the prevailing male-dominated studies in political science to place women, and female-based narratives at the forefront.

Courts can play an important role in addressing issues of inequality, discrimination and gender injustice for women. The feminisation of the judiciary - both in its thin meaning of women's entrance into the profession, as well as its thicker forms of realising gender justice - is a core part of the agenda for gender equality. This volume acknowledges both the diversity of meanings of the feminisation of the judiciary, as well as the complexity of the social and cultural realisation of gender equality. Containing original empirical studies, this book demonstrates the past and present challenges women face to entering the judiciary and progressing their career, as well as when and why they advocate for women's issues while on the bench. From stories of pioneering women to sector-wide institutional studies of the gender composition of the judiciary, this book reflects on the feminisation of the judiciary in the Asia-Pacific.

In 1991, Anita Hill's testimony during Clarence Thomas's Senate confirmation hearing brought the problem of sexual harassment to a public audience. Although widely believed by women, Hill was defamed by conservatives and Thomas was confirmed to the Supreme Court. The tainting of Hill and her testimony is part of a larger social history in which women find themselves caught up in a system that refuses to believe what they say. Hill's experience shows how a tainted witness is not who someone is, but what someone can become. Why are women so often considered unreliable witnesses to their own experiences? How are women discredited in legal courts and in courts of public opinion? Why is women's testimony so often mired in controversies fueled by histories of slavery and colonialism? How do new feminist witnesses enter testimonial networks and disrupt doubt? Tainted Witness examines how gender, race, and doubt stick to women witnesses as their testimony circulates in search of an adequate witness. Judgment falls unequally upon women who bear witness, as well-known conflicts about testimonial authority in the late twentieth and early twenty-first centuries reveal. Women's testimonial accounts demonstrate both the symbolic potency of women's bodies and speech in the public sphere and the relative lack of institutional security and control to which they can lay claim. Each testimonial act follows in the wake of a long and invidious association of race and gender with lying that can be found to this day within legal courts and everyday practices of judgment, defining these locations as willfully unknowing and hostile to complex accounts of harm. Bringing together feminist, literary, and legal frameworks, Leigh Gilmore provides provocative readings of what happens when women's testimony is discredited. She demonstrates how testimony crosses jurisdictions, publics, and the unsteady line between truth and fiction in search of justice.

The last few decades have seen remarkable developments in international criminal justice, especially in relation to the pursuit of individuals responsible for sexual violence and other gender-based crimes. Historically ignored, justified, or minimised, this category of crimes now has a heightened profile in the international political and judicial arena. Despite this, gender is poorly understood, and blind spots, biases, and stereotypes prevail. This book brings together leading feminist international criminal and humanitarian law academics and practitioners to examine the place of gender in international criminal law (ICL). It identifies and analyses past and current narrow understandings of gender, before considering how a limited conceptualization affects accountability efforts. The authors consider how best to implement a more nuanced understanding of gender in the practice of international criminal law by identifying possible responses, including embedding a sophisticated gender strategy into the practice of ICL, the gender-sensitive application of international human rights and humanitarian law, and encouraging a gender-competent approach to judging in ICL. The authors' aim is to strengthen efforts for accountability for all atrocity crimes-war crimes, crimes against humanity, genocide, and aggression.

A follow-up to Claiming Anishinaabe, Gehl v Canada is the story of Lynn Gehl's lifelong journey of survival against the nation-state's constant genocidal assault against her existence. While Canada set up its colonial powers-including the Supreme Court, House of Commons, Senate Chamber, and the Residences of the Prime Minister and Governor General-on her traditional Algonquin territory, usurping the riches and resources of the land, she was pushed to the margins, exiled to a life of poverty in Toronto's inner-city. With only beads in her pocket, Gehl spent her entire life fighting back, and now offers an insider analysis of Indian Act litigation, the narrow remedies the court imposes, and of obfuscating parliamentary discourse, as well as an important critique of the methodology of legal positivism. Drawing on social identity and Indigenous theories, the author presents Disenfranchised Spirit Theory, revealing insights into the identity struggles facing Indigenous Peoples to this day.

Why are women still at a disadvantage in Chinese divorce courts? Despite the increase of gender consciousness in Chinese society and a trove of legislation to protect women, why are Chinese women still disadvantaged in divorce courts? Xin He argues that institutional constraints to which judges are subject, a factor largely ignored by existing literature, play a crucial role. Twisting the divorce law practices are the bureaucratic incentives of courts and their political concerns for social stability. Because of these concerns, judges often choose the most efficient, and safest, way to handle issues in divorce cases. In so doing, they allow the forces of inequality in social, economic, cultural, and political areas to infiltrate their decisions. Divorce requests are delayed; domestic violence is trivialized; and women's child custody is sacrificed. The institutional failure to enforce the laws has become a major obstacle to gender justice. Divorce in China is the only study of Chinese divorce cases based on fieldwork and interviews conducted inside Chinese courtrooms over the course of a decade. With an unusual vantage point, Xin He offers a rare and unfiltered view of the operation of Chinese courts in the authoritarian regime. Through a socio-legal perspective highlighting the richness, sophistication, and cutting-edge nature of the research, Divorce in China is as much an account of Chinese courts in action as a social ethnography of China in the midst of momentous social change.

This book discusses the evolving principle of transitional justice in public international law and international relations from the female perspective at a time when the concept is increasingly recognised by the international community as an effective framework in which to negotiate and manage a community's post-conflict transition to peace and stability. The book adopts a gender lens with a particular focus on women's direct experiences and perceptions either as intended beneficiaries of transitional justice (TJ), protagonists in that process or as practitioners, in order to present a unique view in relation to the development of TJ. The range of experiences and knowledge in this collection provides a fresh and unique perspective through its blend of theory and practice. This book will be of particular interest to students and scholars of law, political science and gender studies.

This book tackles one of the most topical socio-legal issues of today: how the law - in particular, the European Court of Human Rights - is responding to shifting practices and ideas of fatherhood in a world that offers radical possibilities for the fragmentation of the conventional father figure and therefore urges decisions upon what kind of characteristics makes someone a legal father. It explores the Court's reaction to changing family and, more specifically, fatherhood realities. In so doing, it engages in timely conversations about the rights and responsibilities of men as fathers. By tracing values and assumptions underpinning the Court's views on fatherhood, this book contributes to highlight the expressive powers of the ECtHR and, more specifically, the latter's role in producing and legitimising ideas about parenting and, more generally, in influencing how family life is regulated and organised.

A Feminist Critique of Police Stops examines the parallels between stop-and-frisk policing and sexual harassment. An expert whose writing, teaching and community outreach centers on the Constitution's limits on police power, Howard Law Professor Josephine Ross, argues that our constitutional rights are a mirage. In reality, we can't say no when police seek to question or search us. Building on feminist principles, Ross demonstrates why the Supreme Court got it wrong when it allowed police to stop, search, and sometimes strip-search people and call it consent. Using a wide range of sources - including her law students' experiences with police, news stories about Eric Garner, and Sandra Bland, social science and the work of James Baldwin - Ross sheds new light on policing. This book should be read by everyone interested in how Court-approved police stops sap everyone's constitutional rights and how this form of policing can be eliminated.

A Feminist Critique of Police Stops examines the parallels between stop-and-frisk policing and sexual harassment. An expert whose writing, teaching and community outreach centers on the Constitution's limits on police power, Howard Law Professor Josephine Ross, argues that our constitutional rights are a mirage. In reality, we can't say no when police seek to question or search us. Building on feminist principles, Ross demonstrates why the Supreme Court got it wrong when it allowed police to stop, search, and sometimes strip-search people and call it consent. Using a wide range of sources - including her law students' experiences with police, news stories about Eric Garner, and Sandra Bland, social science and the work of James Baldwin - Ross sheds new light on policing. This book should be read by everyone interested in how Court-approved police stops sap everyone's constitutional rights and how this form of policing can be eliminated.

By rewriting both canonical and lesser-known tort cases from a feminist perspective, this volume exposes gender and racial bias in how courts have categorized and evaluated harm stemming from pre-natal malpractice, pregnancy loss, domestic violence, sexual assault and harassment, invasion of privacy, and the award of economic and non-economic damages. The rewritten opinions demonstrate that when confronted with gendered harm to women, courts have often distorted or misapplied conventional legal doctrine to diminish the harm or deny recovery. Bringing this implicit bias to the surface can make law students, and lawyers and judges who craft arguments and apply tort doctrines, more aware of inequalities of race, gender, class, and sexual orientation or identity. This volume shows the way forward to make the basic doctrines of tort law more responsive to the needs and perspectives of traditionally marginalized people, in ways that give greater value to harms that they disproportionately experience.

By rewriting both canonical and lesser-known tort cases from a feminist perspective, this volume exposes gender and racial bias in how courts have categorized and evaluated harm stemming from pre-natal malpractice, pregnancy loss, domestic violence, sexual assault and harassment, invasion of privacy, and the award of economic and non-economic damages. The rewritten opinions demonstrate that when confronted with gendered harm to women, courts have often distorted or misapplied conventional legal doctrine to diminish the harm or deny recovery. Bringing this implicit bias to the surface can make law students, and lawyers and judges who craft arguments and apply tort doctrines, more aware of inequalities of race, gender, class, and sexual orientation or identity. This volume shows the way forward to make the basic doctrines of tort law more responsive to the needs and perspectives of traditionally marginalized people, in ways that give greater value to harms that they disproportionately experience.

Limited legal protections for privacy leave minority communities vulnerable to concrete injuries and violence when their information is exposed. In Privacy at the Margins, Scott Skinner-Thompson highlights why privacy is of acute importance for marginalized groups. He explains how privacy can serve as a form of expressive resistance to government and corporate surveillance regimes - furthering equality goals - and demonstrates why efforts undertaken by vulnerable groups (queer folks, women, and racial and religious minorities) to protect their privacy should be entitled to constitutional protection under the First Amendment and related equality provisions. By examining the ways even limited privacy can enrich and enhance our lives at the margins in material ways, this work shows how privacy can be transformed from a liberal affectation to a legal tool of liberation from oppression.

What might gender justice look like in matrilineal Malawi? Ideas about gender and human rights have exerted considerable influence over African policy makers and civil society organisations in recent years, and Malawi is no exception. There, concerted efforts at civic education have made the concepts of human and women's rights widely accessible to the rural poor, albeit in modified form. In this book, Jessica Johnson listens to the voices of ordinary Malawian citizens as they strive to resolve disputes and achieve successful gender and marital relations. Through nuanced ethnographic description of aspirations for gender and marital relationships; extended analysis of dispute resolution processes; and an examination of the ways in which the approaches of chiefs, police officers and magistrates intersect, this study puts relationships between law, custom, rights, and justice under the spotlight.

Limited legal protections for privacy leave minority communities vulnerable to concrete injuries and violence when their information is exposed. In Privacy at the Margins, Scott Skinner-Thompson highlights why privacy is of acute importance for marginalized groups. He explains how privacy can serve as a form of expressive resistance to government and corporate surveillance regimes - furthering equality goals - and demonstrates why efforts undertaken by vulnerable groups (queer folks, women, and racial and religious minorities) to protect their privacy should be entitled to constitutional protection under the First Amendment and related equality provisions. By examining the ways even limited privacy can enrich and enhance our lives at the margins in material ways, this work shows how privacy can be transformed from a liberal affectation to a legal tool of liberation from oppression.

Sex work occupies a legally gray space in Johannesburg, South Africa, and police attitudes towards it are inconsistent and largely unregulated. As I. India Thusi argues in Policing Bodies, this results in both room for negotiation that can benefit sex workers and also extreme precarity in which the security police officers provide can be offered and taken away at a moment's notice. Sex work straddles the line between formal and informal. Attitudes about beauty and subjective value are manifest in formal tasks, including police activities, which are often conducted in a seemingly ad hoc manner. However, high-level organizational directives intended to regulate police obligations and duties toward sex workers also influence police action and tilt the exercise of discretion to the formal. In this liminal space, this book considers how sex work is policed and how it should be policed. Challenging discourses about sexuality and gender that inform its regulation, Thusi exposes the limitations of dominant feminist arguments regarding the legal treatment of sex work. This in-depth, historically informed ethnography illustrates the tension between enforcing a country's laws and protecting citizens' human rights.

* Explores the many roles women play in the criminal justice system, including victims, justice-involved individuals, and professionals. * Designed to appeal to a generation standing on the threshold of change they believe in and helped to initiate, within the context of contemporary social movements such as the #MeToo movement and Black Lives Matter. * Features an empowerment approach that focuses on the intersection of gender, race, and class.

A fascinating exploration of how the law--as viewed and decided by the courts--often embodies fear and prejudice against homosexuality, and thereby, becomes the instrument for discrimination. This valuable book covers a wide range of subjects, illustrating the extent to which the lives of gay persons are touched by these laws and providing a highly critical examination of the response by the American judicial system to our claims for equal protection under the law. Leading law professors and practicing lawyers address the important legal issues and court decisions relevant to male and female homosexuality--criminal punishment for gay sex acts, employment discrimination, child custody, gay organizational rights, and more.

Sexual offences pose severe violations of human rights that necessitate criminal law intervention in every democratic society. Using a holistic and integrated approach, this book examines sexual offenses through criminal law and criminal procedure within different jurisdictions. Impunity or lenient punishment enjoyed by perpetrators appears as a fundamental concern and contribute to low(er) reporting rates. Attrition, from the perspective of criminal law, is not only caused by issues in criminal procedure, like a lack of victim support or insufficient evidence, but is primarily linked to the definition of sexual offences which is hugely influenced by society, culture, and political power. Stereotypes that are deeply rooted in society in the form of common myths such as: victim of sexual offences are always female(s), or sexual offences take place outside of marriage, or that the victim has an obligation to manifest a resistance, or a woman accepting a gift by a man shows she consented to sexual acts and many others that are impediment to combatting sexual violence. These myths are not just maintained by society, but they also affect the victim's decision to seek justice, as well as the judiciary's approach to victims and the police's attitudes towards victims. Using cases and legislation from Croatia, Greece, Italy, North Macedonia, Romania, Serbia, and Turkey, and comparing them to United Kingdom, Germany, the Netherlands and the United States, this book presents peculiarities stemming from society, culture, politics, historical facts and even religion, along with solutions to the global problems of sexual offenses. This book is of interest to scholars studying criminal justice, legal studies, sociology, and cultural studies

In the fall of 2016 those promoting patriarchal ideals saw their champion Donald Trump elected president of the United States and showed us how powerful patriarchy still is in American society and culture. Darkness Now Visible: Patriarchy's Resurgence and Feminist Resistance explains how patriarchy and its embrace of misogyny, racism, xenophobia, homophobia, and violence are starkly visible and must be recognized and resisted. Carol Gilligan and David A. J. Richards offer a bold and original thesis: that gender is the linchpin that holds in place the structures of unjust oppression through the codes of masculinity and femininity that subvert the capacity to resist injustice. Feminism is not an issue of women only, or a battle of women versus men - it is the key ethical movement of our age.

Looking at discrimination, education, environment, health and crime, this volume analyses United States Supreme Court rulings on several legal issues and proposed libertarian solutions to each problem. Setting their own liberal theory of law, each chapter discusses the law at hand, what it should be, and what it would be if their political economic philosophy were the justification of the legal practice. Covering issues such as sexual harassment, religion, markets in human organs, drug prohibition and abortion, this book is a timely contribution to classical liberal debate on law and economics.

Ishita Pande's innovative study provides a dual biography of India's path-breaking Child Marriage Restraint Act (1929) and of 'age' itself as a key category of identity for upholding the rule of law, and for governing intimate life in late colonial India. Through a reading of legislative assembly debates, legal cases, government reports, propaganda literature, Hindi novels and sexological tracts, Pande tells a wide-ranging story about the importance of debates over child protection to India's coming of age. By tracing the history of age in colonial India she illuminates the role of law in sculpting modern subjects, demonstrating how seemingly natural age-based exclusions and understandings of legal minority became the alibi for other political exclusions and the minoritization of entire communities in colonial India. In doing so, Pande highlights how childhood as a political category was fundamental not just to ideas of sexual norms and domestic life, but also to the conceptualisation of citizenship and India as a nation in this formative period.

The figure of the mistress is undoubtedly controversial. She provokes intense reactions, ranging from fear, to disgust and revulsion, to excitement and titillation, to sadness and perhaps to some, love. The mistress is conventionally depicted as a threat to moral living and someone whose sexuality is considered defective and toxic. Of course, she is a woman that you would not have as your friend, and certainly not your wife, since her ethical sense, if she even has one, is dubious at best. This book subverts these traditional judgements and offers an unflinching look at the lived experience of the mistress. Here she is recast as a potentially loving, free, intimate 'other' woman. Drawing upon feminist philosophy, contemporary sexual ethics and the current cultural moment of #MeToo, Mistress Ethics moves beyond a narrative of infidelity, conventional judgment, the safeguarding of monogamy and conventional heterosex that permeates our society. It asks what happens when we let go of our insecurities, judgments and moralistic relationship philosophies and opt, instead, for an ethics of kindness. This kindness - underpinned by engaging with those deemed 'other' and learning from mistresses, both straight and queer - will teach us new ways of thinking about ethics and sex, and reveal how we have better sex, and how we can be better to each other.