In the United States, one in four women will be victims of domestic violence each year. Despite the passage of federal legislation on violence against women beginning in 1994, differences persist across states in how domestic violence is addressed. Inequality Across State Lines illuminates the epidemic of domestic violence in the U.S. through the lens of politics, policy adoption, and policy implementation. Combining narrative case studies, surveys, and data analysis, the book discusses the specific factors that explain why U.S. domestic violence politics and policies have failed to keep women safe at all income levels, and across racial and ethnic lines. The book argues that the issue of domestic violence, and how government responds to it, raises fundamental questions of justice; gender and racial equality; and the limited efficacy of a state-by-state and even town-by-town response. This book goes beyond revealing the vast differences in how states respond to domestic violence, by offering pathways to reform.

Foundations for the LPC covers the compulsory foundation areas of the Legal Practice Course as set out in the LPC outcomes: professional conduct, tax and revenue law, and wills and administration of estates. The book also discusses human rights law, a topic taught pervasively across the LPC course. Using worked examples and scenarios throughout to illustrate key points, this guide is essential reading for all students and a useful reference source for practitioners. To aid understanding and test comprehension of the core material, checkpoints and summaries feature in every chapter. Digital formats and resources This edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - Access to a digital version of this book comes with every purchase to enable a more flexible learning experience-12 months' access to this title on Oxford Learning Link will be available from 15 July 2022. Access must be redeemed by 1 August 2024. - The online resources include useful web links, forms, and diagrams.

In the United States, one in four women will be victims of domestic violence each year. Despite the passage of federal legislation on violence against women beginning in 1994, differences persist across states in how domestic violence is addressed. Inequality Across State Lines illuminates the epidemic of domestic violence in the U.S. through the lens of politics, policy adoption, and policy implementation. Combining narrative case studies, surveys, and data analysis, the book discusses the specific factors that explain why U.S. domestic violence politics and policies have failed to keep women safe at all income levels, and across racial and ethnic lines. The book argues that the issue of domestic violence, and how government responds to it, raises fundamental questions of justice; gender and racial equality; and the limited efficacy of a state-by-state and even town-by-town response. This book goes beyond revealing the vast differences in how states respond to domestic violence, by offering pathways to reform.

To what extent is the legal subject gendered? Using illustrative examples from a range of jurisdictions and thematically organised chapters, this volume offers a comprehensive consideration of this question. With a systematic, accessible approach, it argues that law and gender work to co-produce the legal subject. Cumulatively, the volume's chapters provide a systematic evaluation of the key facets of the legal subject: the corporeal, the functional and the communal. Exploring aspects of the legal subject from the ways in which it is sexed and sexualised to its national and familial dimensions, this volume develops a complete account of the various processes through which legal orders produce gendered subjects. Across its chapters, each theoretically ambitious in its own right, this volume outlines how the law not only acts on the social world, but genders it.

To what extent is the legal subject gendered? Using illustrative examples from a range of jurisdictions and thematically organised chapters, this volume offers a comprehensive consideration of this question. With a systematic, accessible approach, it argues that law and gender work to co-produce the legal subject. Cumulatively, the volume's chapters provide a systematic evaluation of the key facets of the legal subject: the corporeal, the functional and the communal. Exploring aspects of the legal subject from the ways in which it is sexed and sexualised to its national and familial dimensions, this volume develops a complete account of the various processes through which legal orders produce gendered subjects. Across its chapters, each theoretically ambitious in its own right, this volume outlines how the law not only acts on the social world, but genders it.

Legal scholars, economists, and international development practitioners often assume that the state is capable of 'securing' rights to land and addressing gender inequality in land tenure. In this innovative study of land tenure in Solomon Islands, Rebecca Monson challenges these assumptions. Monson demonstrates that territorial disputes have given rise to a legal system characterised by state law, custom, and Christianity, and that the legal construction and regulation of property has, in fact, deepened gender inequalities and other forms of social difference. These processes have concentrated formal land control in the hands of a small number of men leaders, and reproduced the state as a hypermasculine domain, with significant implications for public authority, political participation, and state formation. Drawing insights from legal scholarship and political ecology in particular, this book offers a significant study of gender and legal pluralism in the Pacific, illuminating ongoing global debates about gender inequality, land tenure, ethnoterritorial struggles and the post colonial state.

Genocidal Gender and Sexual Violence tackles an important and highly topical issue. The author examines how the experiences of victims of genocidal gender and sexual violence have been addressed on a theoretical and practical level. This study investigates the contribution of feminist legal theories in naming and addressing gender and sexual violence. It questions the legacy of the ICTR and Rwanda's domestic judicial initiatives from the perspective of the complex realities of victims' experiences. The research central focus is the question whether the genocidal character of gender and sexual violence in the case of Rwanda has been theorised and judged as such. The author's training for Inyangamugayo - gacaca judges - contributes to a wider understanding of the complexity of victims' experiences. This complex reality is further elaborated on and explored practically through an analysis of the legacy of post-genocide judicial mechanisms for Rwanda in naming and condemning genocidal gender and sexual violence.

This volume provides an alternate history of health law by rewriting key judicial opinions from a feminist perspective. Each chapter includes a rewritten opinion penned by a leading scholar relying exclusively on court precedents and scientific understanding available at the time of the original decision accompanied by commentary from an expert placing the case in historical context and explaining how the feminist judgment might have shaped a different path for subsequent developments. It provides a map of the health law field-where paternalism, individualism, gender stereotypes, and tensions over the public-private divide shape decisions about informed consent, medical and nursing malpractice, the relationships among health care professionals and the institutions where they work, end-of-life care, reproductive health care, biomedical research, ownership of human tissues and cells, the influence of religious directives on health care standards, health care discrimination, long-term care, private health insurance, Medicaid coverage, the Affordable Care Act, and more.

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.

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.

* Offers an international and intersectional view of interpersonal violence and responses to it * Suitable for a wide range of scholars and students in the disciplines of criminal justice, law, human rights, social justice, social work, nursing, criminology, sociology, nursing, medicine, and political or public affairs * Devotes special attention to developing countries where there is lack of a consistent legal definition of domestic violence and where violence against women is widely considered as a private matter

Access to medical treatment for trans youth occupies a haphazard and dynamic legal landscape. In this comprehensive scholarly analysis of the historical and current legal principles, Steph Jowett examines the medico-legal nexus of regulation of this healthcare in Australia and in England and Wales. This is informed by an in-depth discussion of the medical literature on treatment for trans youth, including clinical guidelines, the outcomes of treatment and outcomes for trans youth who are unable to be treated. With illustrative examples and clear language, Jowett argues that legal barriers to clinical practice should be congruent with and reflect the current state of medical knowledge. Not only does Jowett assess the extent to which key legal decisions have been consistent with medical knowledge in the past, but she offers a nuanced, comparative perspective that will inform reform efforts in the future.

What does it mean to speak of 'men' as a gender category in relation to law? How does law relate to masculinities? This book presents the first comprehensive overview and critical assessment of the relationship between men, law and gender; outlining the contours of the 'man' of law across diverse areas of legal and social policy. Written in a theoretically informed, yet accessible style, Men, Law and Gender provides an introduction to the study of law and masculinities whilst calling for a richer, more nuanced conceptual framework in which men's legal practices and subjectivities might be approached. Building on recent sociological work concerned with the relational nature of gender and personal life, Richard Collier argues that social, cultural and economic changes have reshaped ideas about men and masculinities in ways that have significant implications for law. Bringing together voices and disciplines that are rarely considered together, he explores the way ideas about men have been contested and politicised in the legal arena. Including original empirical studies of male lawyers, the legal profession and fathers' rights and law reform, alongside discussions of university law schools and legal academics, and family policy and parenting cultures, this innovative, timely and important text provides a unique and important insight into the relationship between law, men and masculinities. It will be required reading for academics and students in law and legal theory, socio-legal studies, gender studies, sociology and social policy, as well as policy-makers and others concerned with the changing nature of gender relations.

Anarchism & Sexuality aims to bring the rich and diverse traditions of anarchist thought and practice into contact with contemporary questions about the politics and lived experience of sexuality. Both in style and in content, it is conceived as a book that aims to question, subvert and overflow authoritarian divisions between the personal and political; between sexual desires categorised as heterosexual or homosexual; between seemingly mutually exclusive activism and scholarship; between forms of expression such as poetry and prose; and between disciplinary categories of knowledge. Anarchism & Sexuality seeks to achieve this by suggesting connections between ethics, relationships and power, three themes that run throughout. The key objectives of the book are: to bring fresh anarchist perspectives to debates around sexuality; to make a queer and feminist intervention within the most recent wave of anarchist scholarship; and to make a queerly anarchist contribution to social justice literature, policy and practice. By mingling prose and poetry, theory and autobiography, it constitutes a gathering place to explore the interplay between sexual and social transformation.This book will be of use to those interested in anarchist movements, cultural studies, critical legal theory, gender studies, and queer and sexuality studies.

How the fear of malpractice affects mothers and reproductive choices Giving birth is a monumental event, not only in the personal life of the woman giving birth, but as a medical process and procedure. In The Business of Birth, Louise Marie Roth explores the process of giving birth, and the ways in which medicine and law interact to shape maternity care. Focusing on the United States, Roth explores how the law creates an environment where medical providers, malpractice attorneys, and others limit women's rights and choices during birth. She shows how a fear of liability risk often drives the decision-making process of medical providers, who prioritize hospital efficiency over patient safety, to the detriment of mothers themselves. Ultimately, Roth advocates for an approach that protects the reproductive rights of mothers. A comprehensive overview, The Business of Birth provides valuable insight into the impact of the law on mothers, medical providers, maternity care practices, and others in the United States.

Reproductive justice (RJ) is a pivotal movement that supplants the language and limitations of reproductive rights. RJ's tenets are that women have the human rights to decide if or when they'll become pregnant, whether to carry a pregnancy to term, and to parent the children they have in safe and healthy environments. Recognizing the importance of the rights at stake when the law addresses parenting and procreation, the authors in this book re-imagine judicial opinions that address the law's treatment of pregnancy and parenting. The cases cover topics such as forced sterilization, pregnancy discrimination, criminal penalties for women who take illegal drugs while pregnant, and state funding for abortion. Though some of the re-imagined cases come to the same conclusions as the originals, each rewritten opinion analyzes how these cases impact the most vulnerable populations, including people with disabilities, poor women, and women of color.

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.

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.

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.

Gender and the Law provides an ideal introduction to gender and feminist theory for students. Beginning with an overview of traditional notions of gender, the book establishes the key feminist and queer legal theories. It provides a basic structure and overview upon which students can build their understanding of some of the complex and controversial topics and debates around gender. Structured thematically, the book explores many fascinating and controversial legal issues, including issues of transgender rights; equal pay and equality in the workplace; societal changes and challenges within the regulation of personal relationships; the law surrounding consent and sexual offences; the role of gender norms in the criminal courts; legal regulation of prostitution and pornography; and the ways in which the law has responded to societal changes surrounding reproduction. With 'thinking points' and 'further reading' suggestions within each chapter, the authors encourage an engagement with critique and theory in order to understand this dynamic and challenging field.

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.

This book brings together a group of innovative scholars examining the contemporary issue of effecting gender and sexuality justice in the context of Asia, consonant with engendering a just, equitable and sustainable development for all. These grassroots initiatives are woven through three complementary sections of the book: gender justice in Asia, sexuality justice in Asia, and finding resolutions through conflict. The book foregrounds strategies that aim to call out and challenge existing gender and sexuality injustices with regard to women and the LGBTIQA+ community by: assessing the efficacy of gender mainstreaming policies through micro-credit schemes for women in East Java, Indonesia; proliferating the signifiers of the hijab (veil) by postmodern Malay-Muslim women or 'Hijabistas' within the consumerist culture of Malaysia; making visible the injustices of the Syariah legal system for non-Muslim women, and ground-breaking legislation that could potentially recognise same-sex marriages in Thailand; privileging the narratives of gay women diplomats within the highly masculinised field of diplomacy in the Asia-Pacific region; foregrounding the narratives of Filipino gay men, intimate partner violence among young Indonesian Christian young people, masculine-identifying lesbians in Singapore, young LGBT people in rural Vietnam, and a Chinese-Muslim Malaysian female-to-male transgender person; and proposing new ways of becoming an inclusive church through the radical act of befriending persons living with HIV and AIDS in Southeast Asia. This book celebrates diverse and inclusive voices and strategies of gender and sexual agents of change in envisioning and bringing to fruition a just and transformative society for all. It is of interest to students and scholars researching gender and sexuality in areas of development studies, international relations, socio-legal studies, and literary studies.