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Books > Law > English law > Private, property, family > Gender law
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 In this collection, the two bring together that conversation and other materials-many previously unpublished-that share details from Justice Ginsburg's family life and long career.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in these pages, in the area of gender rights, Ginsburg dismantled long-entrenched systems of discrimination based on outdated stereotypes by showing how such laws hold back both genders.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.
Indigenous women continue to be overrepresented in Canadian prisons; research demonstrates how their overincarceration and often extensive experiences of victimization are interconnected with and through ongoing processes of colonization. Implicating the System: Judicial Discourses in the Sentencing of Indigenous Women explores how judges navigate these issuesin sentencing by examining related discourses in selected judgments from a review of 175 decisions.The feminist theory of the victimization-criminalization continuum informs Elspeth Kaiser-Derrick's work. She examines its overlap with the Gladue analysis, foregrounding decisions that effectively integrate gendered understandings of Indigenous women's victimization histories, and problematizing those with less contextualized reasoning. Ultimately, she contends that judicial usage of the victimization-criminalization continuum deepens the Gladue analysis and augments its capacity to further its objectives of alternatives to incarceration. Kaiser-Derrick discusses how judicial discourses about victimization intersect with those about rehabilitation and treatment, and suggests associated problems, particularly where prison is characterized as a place of healing. Finally, she shows how recent incursions into judicial discretion, through legislative changes to the conditional sentencing regime that restrict the availability of alternatives to incarceration, are particularly concerning for Indigenous women in the system.
Equality is often trampled on by those who believe they are, in varying ways, superior. However, identifying how government systems can protect against discrimination can assist future generations in combating the harsh realities of inequality. Social Jurisprudence in the Changing of Social Norms: Emerging Research and Opportunities delivers a collection of resources dedicated to identifying sexual orientation as a protected legal class like race, color, gender, and religion using innovative research methods and the federalist responses to the LGBT movement. While highlighting topics including judicial review, LGBT politics, and social change framework, this book is ideally designed for policymakers, politicians, academicians, researchers, and students seeking current research on the analysis of legal cases that provide evidence of LGBT citizen marginalization.
This fourth edition of Merry E. Wiesner-Hanks's prize-winning survey features significant changes to every chapter, designed to reflect the newest scholarship. Global issues have been threaded throughout the book, while still preserving the clear thematic structure of previous editions. Thus readers will find expanded discussions of gendered racial hierarchies, migration, missionaries, and consumer goods. In addition, there is enhanced coverage of recent theoretical directions; the ideas, beliefs, and practices of ordinary people; early industrialization; women's learning, letter writing, and artistic activities; emotions and sentiments; single women and same-sex relations; masculinities; mixed-race and enslaved women; and the life course from birth to death. With geographically broad coverage, including Russia, Scandinavia, the Ottoman Empire, and the Iberian Peninsula, this remains the leading text on women and gender in Europe in this period. Accompanying this essential reading is a completely revised website featuring extensive updated bibliographies, web links, and primary source material.
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.
The Northern/Irish Feminist Judgments Project inaugurates a fresh dialogue on gender, legal judgment, judicial power and national identity in Ireland and Northern Ireland. Through a process of judicial re-imagining, the project takes account of the peculiarly Northern/Irish concerns in shaping gender through judicial practice. This collection, following on from feminist judgments projects in Canada, England and Australia takes the feminist judging methodology in challenging new directions. This book collects 26 rewritten judgments, covering a range of substantive areas. As well as opinions from appellate courts, the book includes fi rst instance decisions and a fi ctional review of a Tribunal of Inquiry. Each feminist judgment is accompanied by a commentary putting the case in its social context and explaining the original decision. The book also includes introductory chapters examining the project methodology, constructions of national identity, theoretical and conceptual issues pertaining to feminist judging, and the legal context of both jurisdictions. The book, shines a light on past and future possibilities - and limitations - for judgment on the island of Ireland. 'This book provides a rich and expansive addition to the feminist judgments catalogue. The ... judgments demonstrate powerfully how Northern/Irish judges have contributed to the gendered politics of national identity, and how the narrow subject-positions they have created for women and 'others' could have been so much wider and more open.' Professor Rosemary Hunter, School of Law, Queen Mary University London. 'The Northern/Irish Feminist Judgments Project is inspirational reading for anyone interested in feminism or Irish studies ... It is a model of how to conduct feminist enquiry. Its most innovative contribution to scholarship and politics is how the rewriting of landmark legal judgments from a feminist perspective allows us to imagine (and therefore begin to construct) a more egalitarian, a more just, future.' Associate Professor Katherine O'Donnell, School of Philosophy, University College Dublin. If you let it, this book will make you think. ... It made me think - it reminded me, I suppose - that legal writing can be wonderful: rigorous, creative, deeply observant, provocative. Read it and see what it makes you think. Professor Therese Murphy, School of Law, Queen's University Belfast
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."
Decriminalizing Domestic Violence asks the crucial, yet often overlooked, question of why and how the criminal legal system became the primary response to intimate partner violence in the United States. It introduces readers, both new and well versed in the subject, to the ways in which the criminal legal system harms rather than helps those who are subjected to abuse and violence in their homes and communities, and shares how it drives, rather than deters, intimate partner violence. The book examines how social, legal, and financial resources are diverted into a criminal legal apparatus that is often unable to deliver justice or safety to victims or to prevent intimate partner violence in the first place. Envisioned for both courses and research topics in domestic violence, family violence, gender and law, and sociology of law, the book challenges readers to understand intimate partner violence not solely, or even primarily, as a criminal law concern but as an economic, public health, community, and human rights problem. It also argues that only by viewing intimate partner violence through these lenses can we develop a balanced policy agenda for addressing it. At a moment when we are examining our national addiction to punishment, Decriminalizing Domestic Violence offers a thoughtful, pragmatic roadmap to real reform.
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.
The book begins with the momentous task of demolishing the prejudices attached with the phrase 'founding fathers' that has held an immense sway over constitutional interpretation. It shows that women members of the Indian Constituent Assembly had painstakingly co-authored a Constitution that embodied a moral imagination developed by years of feminist politics. It traces the genealogies of several constitutional provisions to argue that, without the interventions of these women framers, the Constitution would hardly have a much poorer document of rights and statecraft that it is. Situating these interventions in the larger trajectory of Indian feminism in which they are rooted, in the nationalist discourse with which they perpetually negotiated, and in the larger human rights discourse of the 1940s, the book shows that the women members of the Indian Constituent Assembly were much more than the 'founding mothers' of a republic.
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. |
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