In this first legal analysis of Title IX, Deborah L. Brake assesses the statute's successes and failures, using a feminist theory lens to understand, defend, and critique the law. While the statute has created tremendous gains for female athletes, not only raising the visibility and cultural acceptance of women in sports, but also creating social bonds for women, positive body images, and leadership roles, the disparities in funding between men's and women's sports have remained remarkably resilient. At the same time, female athletes continue to receive less prestige and support than their male counterparts, which in turn filters into the arena of professional sports. Brake provides a richer understanding and appreciation of what Title IX has accomplished, while taking a critical look at the places where the law has fallen short. A unique contribution to the literature on Title IX, Getting in the Game fully explores the theory, policy choices, and successes and limitations of this historic law.

What Works (and Doesn't) in Reducing Recidivism offers criminologists and students an evidence-based discussion of the latest trends in corrections. Experts Latessa, Johnson, and Koetzle translate the research and findings about what works and doesn't work in reducing recidivism into understandable concepts and terms, presenting them in a way that illustrates the value of research to practice. Over the last several decades, research has clearly shown that rehabilitation efforts can be effective in reducing recidivism among criminal offenders, but it is clear that treatment is not a one-size-fits-all approach. Offenders vary by gender, age, crime type, and/or addictions, to name but a few ways, and these individual needs must be addressed by providers. Finally, issues such as leadership, quality of staff, and evaluation efforts affect the quality and delivery of treatment services. While other texts have addressed issues regarding treatment in corrections, this text is unique in that it not only discusses the research on "what works" but also addresses the implementation issues faced as practitioners move from theory to practice, as well as the importance of staff, leadership, and evaluation efforts. This book synthesizes the vast research for the student interested in correctional rehabilitation as well as for the practitioner working with offenders.

What Works (and Doesn't) in Reducing Recidivism offers criminologists and students an evidence-based discussion of the latest trends in corrections. Experts Latessa, Johnson, and Koetzle translate the research and findings about what works and doesn't work in reducing recidivism into understandable concepts and terms, presenting them in a way that illustrates the value of research to practice. Over the last several decades, research has clearly shown that rehabilitation efforts can be effective in reducing recidivism among criminal offenders, but it is clear that treatment is not a one-size-fits-all approach. Offenders vary by gender, age, crime type, and/or addictions, to name but a few ways, and these individual needs must be addressed by providers. Finally, issues such as leadership, quality of staff, and evaluation efforts affect the quality and delivery of treatment services. While other texts have addressed issues regarding treatment in corrections, this text is unique in that it not only discusses the research on "what works" but also addresses the implementation issues faced as practitioners move from theory to practice, as well as the importance of staff, leadership, and evaluation efforts. This book synthesizes the vast research for the student interested in correctional rehabilitation as well as for the practitioner working with offenders.

Originally published in 1989. This is the first history of modern France to explore the long-term origins of the libertarian revolt. It traces the moral history from the eighteenth century to the 1960s, examining the questions of marriage and divorce, homosexuality, and sexual morality. It includes detailed chapters on the Marquis de Sade, Charles Fourier, Andre Gide, and Daniel Guerin in order to illustrate the changing legislation, popular thought and public opinion. The result is an enlightening and provocative account which will be of interest to students of modern French history, moral thought and the history of sexual attitudes.

This book investigates the causes and consequences of image-based sexual abuse in a digital era. Image-based sexual abuse refers to the taking or sharing of nude or sexual photographs or videos of another person without their consent. It includes a diversity of behaviours beyond that of "revenge porn", such as the secret trading of nude or sexual images online; "upskirting", "downblousing" and other "creepshots"; blackmail or "sextortion" scams; the use of artificial intelligence to construct "deepfake" pornographic videos; threats to distribute photographs and videos without consent; and the taking or sharing of sexual assault imagery. This book investigates the pervasiveness and experiences of these harms, as well as the raft of legal and non-legal measures that have been introduced to better respond to and prevent image-based sexual abuse. The book draws on groundbreaking empirical research, including surveys in three countries with over 6,000 respondents and over 100 victim-survivor and stakeholder interviews. Guided by theoretical frameworks from gender studies, sociology, criminology, law and psychology, the authors argue that image-based sexual abuse is more commonly perpetrated by men than women, and that perpetration is higher among some groups, including younger and sexuality minority men. Although the motivations of perpetrators vary, a dominant theme to emerge was that of power and control. The gendered nature of the abuse means that it is best understood as a "continuum of sexual violence" because victim-survivors often experience it as part of a broader pattern of gendered harassment, violence and abuse. Written in a clear and direct style, this book will appeal to students and scholars of criminology, sociology, law and psychology. Image-based Sexual Abuse is also an essential resource for activists, legal and policy practitioners, technology companies and victim-survivors seeking to understand the deeply complex nature of intimate-image sharing in a digital era.

Philosophies of Difference engages with the concept of difference in relation to a number of fundamental philosophical and political problems. Insisting on the inseparability of ontology, ethics and politics, the essays and interview in this volume offer original and timely approaches to thinking nature, sexuate difference, racism, and decoloniality. The collection draws on a range of sources, including Latin American Indigenous ontologies and philosophers such as Henri Bergson, Jacques Derrida, Luce Irigaray, Immanuel Kant, Maurice Merleau-Ponty, Charles Mills, and Eduardo Viveiros de Castro. The contributors think embodiment and life by bringing continental philosophy into generative dialogue with fields including plant studies, animal studies, decoloniality, feminist theory, philosophy of race, and law. Affirming the importance of interdisciplinarity, Philosophies of Difference contributes to a creative and critical intervention into established norms, limits, and categories. Invoking a conception of difference as both constitutive and generative, this collection offers new and important insights into how a rethinking of difference may ground new and more ethical modes of being and being-with. Philosophies of Difference unearths the constructive possibilities of difference for an ethics of relationality, and for elaborating non-anthropocentric sociality. The chapters in this book were originally published in a special issue in Australian Feminist Law Journal.

The three Abrahamic faiths have dominated religious conversations for millennia but the relations between state and religion are in a constant state of flux. This relationship may be configured in a number of ways. Religious norms may be enforced by the state as part of a regime of personal law or, conversely, religious norms may be formally relegated to the private sphere but can be brought into the legal realm through the private acts of individuals. Enhanced recognition of religious tribunals or religious doctrines by civil courts may create a hybrid of these two models. One of the major issues in the reconciliation of changing civic ideals with religious tenets is gender equality, and this is an ongoing challenge in both domestic and international affairs. Examining this conflict within the context of a range of issues including marriage and divorce, violence against women and children, and women's political participation, this collection brings together a discussion of the Abrahamic religions to examine the role of religion in the struggle for women's equality around the world. The book encompasses both theory and practical examples of how law can be used to negotiate between claims for gender equality and the right to religion. It engages with international and regional human rights norms and also national considerations within countries. This book will be of great relevance to scholars and policy makers with an interest in law and religion, gender studies and human rights law.

The emergence of the terms 'pink tax' and 'tampon tax' in everyday language suggests that women, who already suffer from an economic disadvantage due to the gender wage gap, are put in an even more detrimental position by means of 'discriminatory consumption taxes'. This book is the first conducting a legal analysis to establish to what extent this public perception is accurate. Does the practice of 'pink tax' effectively amount to a tax in the legal sense? Does the so-called 'tampon tax' genuinely constitute an anomaly within the general consumption tax system? Most importantly, can these two 'taxes' be legally qualified as discriminatory? This book provides scientific answers to these questions. It first cuts through the existent information clutter by elucidating the pertinent economic, sociological and psychological components of the practices referred to as 'pink tax' and 'tampon tax'. It then proceeds with a thorough legal analysis of all relevant aspects to determine whether women are indeed subject to discriminatory consumption taxes. It is well-established that women earn less than men. This book investigates if they simultaneously pay more due to 'discriminatory consumption taxes'.

Originally published in 1998, Sexual Harassment in Higher Education addresses the problem of sexual harassment on college campuses. This work reflects on a variety of aspects of sexual harassment, its litigation and law, as well as how the issues they demonstrate often have as much to do with linguistics or jurisprudence as with negative action, though there is a great deal of evidence of the latter. The book provides a clear-eyed and detailed assessment of the 'harassment' controversies now plaguing America's universities and colleges.

Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it.
In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances.
The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

This book explores the largely neglected relationship between men, masculinities and honour-based abuse (HBA). There is a common misconception that HBA - whether physical violence, emotional abuse or so-called 'honour' killings - occurs only against women. This book addresses the gap in the current literature concerning the relationship between men, masculinities and HBA. With contributions from an international and interdisciplinary range of both academics and professionals, the book examines HBA and forced marriages specifically from male-victim perspectives, both in the UK and internationally. Providing a clear understanding of the main theoretical and sociological explanations of HBA against male victims, the book demonstrates that, although men are indeed the main perpetrators of HBA, state agencies must address the fact that many men are also victims. This book is essential reading for students, academics, and practitioners alike.

This ground-breaking collection reflects the growing momentum of interest in the international legal community in meshing the insights of queer legal theory with those critical theories that have a much longer genealogy - notably postcolonial and feminist analyses. Beyond the push in the human rights field to ensure respect for the rights of people with diverse sexual orientations and gender identities, queer legal theory provides a means to examine the structural assumptions and conceptual architecture that underpin the normative framework and operation of international law, highlighting bias and blind spots and offering fresh perspectives and practical innovations. The contributors to the book use queer legal theory to critically analyse the basic tenets and operations of international law, with many surprising, thought-provoking and instructive results. The volume will be of interest to many scholars, students and researchers in international law, international relations, cultural studies, gender studies, queer studies and postcolonial studies.

Despite some significant advances in the creation and protection of rights affecting women's health, these do not always translate into actual health benefits for women. This collection asks: 'What is an effective law and what influences law's effectiveness or ineffectiveness? What dynamics, elements, and conditions come together to limit law's capacity to achieve instrumental goals for women's health and the advancement of women's health rights?' The book presents an integrated, co-referential and sustained critical discussion of the normative and constitutive reasons for law's limited effectiveness in the field of women's health. It offers comprehensive and cohesive explanatory accounts of law's limits and for the first time in the field, introduces a distinction between formal and substantive effectiveness of laws. Its approach is trans-systemic, multi-jurisdictional and comparative, with a focus on six countries in North America, Europe, Asia, and Africa and international human rights case law based on matters arising from Hungary, Portugal, Spain, Slovakia, the Czech Republic, Peru and Bolivia. The book will be a valuable resource for educators, students, lawyers, rights advocates and policymakers working in women's health, socio-legal studies, human rights, feminist legal studies, and legal philosophy more broadly.

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.

Gender Justice and the Law presents a collection of essays that examines how gender, as a category of identity, must continually be understood in relation to how structures of inequality define and shape its meaning. It asks how notions of "justice" shape gender identity and whether the legal justice system itself privileges notions of gender or is itself gendered. Shaped by politics and policy, Gender Justice essays contribute to understanding how theoretical practices of intersectionality relate to structures of inequality and relations formed as a result of their interaction. Given its theme, the collection's essays examine theoretical practices of intersectional identity at the nexus of "gender and justice" that might also relate to issues of sexuality, race, class, age, and ability.

This book explores the intersecting issues relating the phenomenon of ageing to gender and family law. The latter has tended to focus mainly on family life in young and middle age; and, indeed, the issues of childhood and parenting are key in many family law texts. Family life for older members has, then, been largely neglected; addressing this neglect, the current volume explores how the issues which might be important for younger people are not necessarily the same as those for older people. The significance of family, the nature of family life, and the understanding of self in terms of one's relationships, tend to change over the life course. For example, the state may play an increasing role in the lives of older people - as access to services, involvement in work and the community, the ability to live independently, and to form or maintain caring relationships, are all impacted by law and policy. This collection therefore challenges the standard models of family life and family law that have been developed within a child/parent-centred paradigm, and which may require rethinking in the turn to family life in old age. Interdisciplinary in its scope and orientation, this book will appeal not just to academic family lawyers and students interested in issues around family law, ageing, gender, and care; but also to sociologists and ethicists working in these areas.

Despite a popular view that trials are the focal point of the criminal justice process, in reality, the most frequent way a criminal matter resolves is not through a fiercely fought battle between state and defendant, but instead through a process of negotiation between the prosecution and defence, resulting in a defendant pleading guilty in exchange for agreed concessions from the prosecution. This book presents an original empirical case-study of plea negotiations drawing upon interviews with legal actors and an analysis of defence practitioner case files, to shine light on the processes and ways in which an agreed outcome is reached in criminal prosecutions, within the setting of a jurisdiction, like many others world-wide, which is suffering major shifts in state resources. Plea negotiations, also referred to as "plea bargaining", "negotiated guilty pleas" and "negotiated resolutions" are neither an alloyed benefit nor a detriment for defendants, victims or the criminal justice system generally, and like all compromises, this book shows how the perfect "justice" outcome gives way to the good, or just the reasonably acceptable justice outcome.

This book critically analyses the impact of digital media technologies on police scandal. Using an in-depth analysis of a viral bystander video of police excessive force filmed at the 2013 Sydney Gay and Lesbian Mardi Gras Parade and uploaded to YouTube, the book addresses the ways social media video sousveillance can shape operational and institutional police responses to police misconduct. The volume features new research on the immediate and longer-term impacts of social media-generated police scandal on police legitimacy and accountability and responds to inherent questions of procedural justice. It interrogates the technological, political and legal frameworks that govern the relationships between the police and LGBTQI communities in Australia and beyond through the 'social media test' - the police narratives created and contested through social media, mainstream media, and police media. In doing so, it considers the role of sexual citizenship discourse as a political, economic and social organizing principle. A comprehensive and interdisciplinary understanding of 'digital' and 'queer' criminology, this is an essential read for those working at the intersection of criminology and the digital society, queer criminology, and critical criminology.

This book integrates women's history and legal studies within the broader context of modern European history in the late nineteenth and twentieth centuries. Sixteen contributions from fourteen countries explore the ways in which the law contributes to the social construction of gender. They analyze questions of family law and international law and highlight the politics of gender in the legal professions in a variety of historical, social and national settings, including Eastern, Southern, Western, Northern and Central Europe. Focusing on different legal cultures, they show us the similarities and differences in the ways the law has shaped the contours of women and men's lives in powerful ways. They also show how women have used legal knowledge to struggle for their equal rights on the national and transnational level. The chapters address the interconnectedness of the history of feminism, legislative reforms, and women's citizenship, and build a foundation for a comparative vision of women's legal history in modern Europe.

This book is a legal and political intervention into a contemporary debate concerning the appropriateness of sexual offence prosecutions brought against young gender non-conforming people for so-called 'gender identity fraud'. It comes down squarely against prosecution. To that end, it offers a series of principled objections based both on liberal principles, and arguments derived from queer and feminist theories. Thus prosecution will be challenged as criminal law overreach and as a spectacular example of legal inconsistency, but also as indicative of a failure to grasp the complexity of sexual desire and its disavowal. In particular, the book will think through the concepts of consent, harm and deception and their legal application to these specific forms of intimacy. In doing so, it will reveal how cisnormativity frames the legal interpretation of each and how this serves to preclude more marginal perspectives. Beyond law, the book takes up the ethical challenge of the non-disclosure of gender history. Rather than dwelling on this omission, it argues that we ought to focus on a cisgender demand to know as the proper object of ethical inquiry. Finally, and as an act of legal and ethical re-imagination, the book offers a queer counter-judgment to R v McNally, the only case involving a gender non-conforming defendant, so far, to have come before the Court of Appeal.

This book offers a multifaceted look at Northeast India and the customs and traditions that underpin its legal framework. The book: charts the transition of traditions from colonial rule to present day, through constitutionalism and the consolidation of autonomous identities, as well as outlines contemporary debates in an increasingly modernising region; explores the theoretical context of legal pluralism and its implications, compares the personal legal systems with that of the mainland, and discusses customary law's continuing popularity (both pragmatic and ideological) and common law; brings together case studies from across the eight states and focuses on the way individual systems and procedures manifest among various tribes and communities in the voices of tribal and non-tribal scholars; and highlights the resilience and relevance of alternative systems of redressal, including conflict resolution and women's rights. Part of the prestigious 'Transition in Northeastern India' series, this book presents an interesting blend of theory and practice, key case studies and examples to study legal pluralism in multicultural contexts. It will be of great interest to students of law and social sciences, anthropology, political science, peace and conflict studies, besides administrators, judicial officers and lawyers in Northeast India, legal scholars and students of tribal law, and members of customary law courts of various tribal communities in Northeast India.

Libby Adler offers a comprehensive critique of the mainstream LGBT legal agenda in the United States, showing how LGBT equal rights discourse drives legal advocates toward a narrow array of reform objectives that do little to help the lives of the most marginalized members of the LGBT community.

Originally published in 1989. This is the first history of modern France to explore the long-term origins of the libertarian revolt. It traces the moral history from the eighteenth century to the 1960s, examining the questions of marriage and divorce, homosexuality, and sexual morality. It includes detailed chapters on the Marquis de Sade, Charles Fourier, Andre Gide, and Daniel Guerin in order to illustrate the changing legislation, popular thought and public opinion. The result is an enlightening and provocative account which will be of interest to students of modern French history, moral thought and the history of sexual attitudes.

Transgender and Gender Diverse Persons offers mental health professionals and other caregivers information and best practices for working with transgender and gender diverse persons and their families. In each chapter, experts from a variety of fields provide an accessible introduction to medical, legal, educational, and spiritual care for transgender and gender diverse adults and youth within a range of contexts, including communities and schools in urban and non-urban settings. Appendices include helpful suggestions for online resources, as well as additional reading for practitioners, clients, and their families. With rich examples and personal narratives woven throughout, this is an essential reference for mental health professionals, as well as other service providers, educators, and family members seeking to address the needs of transgender and gender diverse persons in an up-to-date, inclusive manner.

Originally published in 1998, Sexual Harassment in Higher Education addresses the problem of sexual harassment on college campuses. This work reflects on a variety of aspects of sexual harassment, its litigation and law, as well as how the issues they demonstrate often have as much to do with linguistics or jurisprudence as with negative action, though there is a great deal of evidence of the latter. The book provides a clear-eyed and detailed assessment of the 'harassment' controversies now plaguing America's universities and colleges.