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

An RCMP sting caught Nicole Doucet (Ryan) trying to hire a hitman to kill her ex-husband. It was supposed to be an open-and-shut case. It wasn't. No Legal Way Out details the process, the media coverage, and the legal implications of R v Ryan, all the way to the Supreme Court of Canada. The outcome of the case limited the legal options for women seeking to escape abuse and had a damaging impact on public perceptions of domestic violence. This unabashedly feminist analysis explains why the court, the police, and the media let down all women trapped by intimate partner terrorism.

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.

This book offers an in-depth analysis of the case of Corbett v Corbett, a landmark in terms of law's engagement with sexual identity, marriage, and transgender rights. The judgement was handed down in 1970, but the decision has shaped decades of debate about the law's control and recognition of non-normative gender identities. The decision in this case - that the marriage between the Hon. Arthur Corbett and April Ashley was void on the grounds that April Ashley had been born male - has been profoundly influential across the common law world, and came as a dramatic and intolerant intervention in developing discussions about the relationships between medicine, law, questions of sex versus gender, and personal identity. The case raises fundamental questions concerning law in its historical and intellectual context, in particular relating to the centrality of ordinary language for legal interpretation, and this book will be of interest to students and scholars of language and law, legal history, gender and sexuality.

Revised and Expanded Edition Wait-what's wrong with rights? It is usually assumed that trans and gender nonconforming people should follow the civil rights and "equality" strategies of lesbian and gay rights organizations by agitating for legal reforms that would ostensibly guarantee nondiscrimination and equal protection under the law. This approach assumes that the best way to address the poverty and criminalization that plague trans populations is to gain legal recognition and inclusion in the state's institutions. But is this strategy effective? In Normal Life Dean Spade presents revelatory critiques of the legal equality framework for social change, and points to examples of transformative grassroots trans activism that is raising demands that go beyond traditional civil rights reforms. Spade explodes assumptions about what legal rights can do for marginalized populations, and describes transformative resistance processes and formations that address the root causes of harm and violence. In the new afterword to this revised and expanded edition, Spade notes the rapid mainstreaming of trans politics and finds that his predictions that gaining legal recognition will fail to benefit trans populations are coming to fruition. Spade examines recent efforts by the Obama administration and trans equality advocates to "pinkwash" state violence by articulating the US military and prison systems as sites for trans inclusion reforms. In the context of recent increased mainstream visibility of trans people and trans politics, Spade continues to advocate for the dismantling of systems of state violence that shorten the lives of trans people. Now more than ever, Normal Life is an urgent call for justice and trans liberation, and the radical transformations it will require.

In 1951, a new type of publication appeared on newsstands-the physique magazine produced by and for gay men. For many men growing up in the 1950s and 1960s, these magazines and their images and illustrations of nearly naked men, as well as articles, letters from readers, and advertisements, served as an initiation into gay culture. The publishers behind them were part of a wider world of "physique entrepreneurs": men as well as women who ran photography studios, mail-order catalogs, pen-pal services, book clubs, and niche advertising for gay audiences. Such businesses have often been seen as peripheral to the gay political movement. In this book, David K. Johnson shows how gay commerce was not a byproduct but rather an important catalyst for the gay rights movement. Offering a vivid look into the lives of physique entrepreneurs and their customers, and presenting a wealth of illustrations, Buying Gay explores the connections-and tensions-between the market and the movement. With circulation rates many times higher than the openly political "homophile" magazines, physique magazines were the largest gay media outlets of their time. This network of producers and consumers helped foster a gay community and upend censorship laws, paving the way for open expression. Physique entrepreneurs were at the center of legal struggles, especially against the U.S. Post Office, including the court victory that allowed full-frontal male nudity and open homoeroticism. Buying Gay reconceives the history of the gay rights movement and shows how consumer culture helped create community and a site for resistance.

Tort law is the body of law governing negligence, intentional misconduct, and other wrongful acts for which civil actions can be brought. The conventional wisdom is that the rules, concepts, and structures of tort law are neutral and unbiased, free of considerations of gender and race.

In The Measure of Injury, Martha Chamallas and Jennifer Wriggins prove that tort law is anything but gender and race neutral. Drawing on an in-depth analysis of case law ranging from the Jim Crow South to the 9/11 Victim Compensation Fund, the authors demonstrate that women and minorities have been under-compensated in tort law and that traditional biases have resurfaced in updated forms to perpetuate patterns of disparate recovery based on race and gender. Grappling with tort theory, the intricacies of legal doctrine and the practical effects of legal rules, The Measure of Injury is a unique treatise on torts that uncovers the public and cultural dimensions of this always-controversial domain of private law.

Popular representations of third-world sex workers as sex slaves and vectors of HIV have spawned abolitionist legal reforms that are harmful and ineffective, and public health initiatives that provide only marginal protection of sex workers' rights. In this book, Prabha Kotiswaran asks how we might understand sex workers' demands that they be treated as workers. She contemplates questions of redistribution through law within the sex industry by examining the political economies and legal ethnographies of two archetypical urban sex markets in India.

Kotiswaran conducted in-depth fieldwork among sex workers in Sonagachi, Kolkata's largest red-light area, and Tirupati, a temple town in southern India. Providing new insights into the lives of these women--many of whom are demanding the respect and legal protection that other workers get--Kotiswaran builds a persuasive theoretical case for recognizing these women's sexual labor. Moving beyond standard feminist discourse on prostitution, she draws on a critical genealogy of materialist feminism for its sophisticated vocabulary of female reproductive and sexual labor, and uses a legal realist approach to show why criminalization cannot succeed amid the informal social networks and economic structures of sex markets. Based on this, Kotiswaran assesses the law's redistributive potential by analyzing the possible economic consequences of partial decriminalization, complete decriminalization, and legalization. She concludes with a theory of sex work from a postcolonial materialist feminist perspective.

Did you know: women are 59% more likely than men to receive an incorrect diagnosis when experiencing heart attack. Or: women are more susceptible to pain medications than men, leading to higher rates of addiction because doctors simply prescribe pain medication in the same way. Or: among alcoholics, women are almost 100% more likely to die due to alcohol-related diseases than men are? In a field that, for millennia, has been dominated by men. The vast majority of medicines and treatments that we use today were designed for, and by, men and the myth that medicine is gender-neutral has had terrible repercussions for women. In THIS WON'T HURT, Dr Marieke Bigg takes a deep dive into all the ways medicine is not gender neutral, using stories and experiences to demonstrate how these flawed mindsets have paved the way for sub-par treatment, and how prevailing attitudes in a patriarchal world can have unexpected effects far downstream. From sex and reproduction, to female bones and female pain, Marieke explores how women's bodies have been ignored, misunderstood and misdiagnosed, and asks the fundamental question: How can we make sure we do better? Blending fascinating examples with historical and cultural context, and with an eye to a better future, THIS WON'T HURT is a must-read for anyone committed to making this world safe to navigate for all.

Exploring the unintentional production of seemingly feminist outcomes In India, elite law firms offer a surprising oasis for women within a hostile, predominantly male industry. Less than 10 percent of the country's lawyers are female, but women in the most prestigious firms are significantly represented both at entry and partnership. Elite workspaces are notorious for being unfriendly to new actors, so what allows for aberration in certain workspaces? Drawing from observations and interviews with more than 130 elite professionals, Accidental Feminism examines how a range of underlying mechanisms-gendered socialization and essentialism, family structures and dynamics, and firm and regulatory histories-afford certain professionals egalitarian outcomes that are not available to their local and global peers. Juxtaposing findings on the legal profession with those on elite consulting firms, Swethaa Ballakrishnen reveals that parity arises not from a commitment to create feminist organizations, but from structural factors that incidentally come together to do gender differently. Simultaneously, their research offers notes of caution: while conditional convergence may create equality in ways that more targeted endeavors fail to achieve, "accidental" developments are hard to replicate, and are, in this case, buttressed by embedded inequalities. Ballakrishnen examines whether gender parity produced without institutional sanction should still be considered feminist. In offering new ways to think about equality movements and outcomes, Accidental Feminism forces readers to critically consider the work of intention in progress narratives.

This book brings together a range of theoretical perspectives to consider fundamental questions of health law and the place of the body within it. Health, and more recently health law, has long been animated by discussions of particular bodies - whether they are disordered, diseased, or disabled - but each of these classificatory regimes claim some knowledge about the body. This edited collection aims to uncover and challenge the fundamental assumptions that underpin medico-legal knowledge claims about such bodies. This exploration is achieved through a mix of perspectives, but many contributors look towards embodiment as a perspective that understands bodies to be shaped by their institutional contexts. Much of this work alerts us to the idea that medical practitioners not only respond to healthcare issues, but also create them through their own understandings of 'normality' and 'fixing'. Bodies, as a result, cannot be understood outside of, or as separate to, their medical and legal contexts. This compelling book pushes the possibility of new directions in health care and health justice. Chapter 5 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Before she became the "Notorious R.B.G." famous for her passionate dissents while serving as an associate justice of the United States Supreme Court, Ruth Bader Ginsburg made her most significant contributions as a lawyer who litigated cases on gender equality before the high court in the 1970s. Beginning with Reed v. Reed (1971)-for which Ginsburg wrote her first full Supreme Court brief, and which was the first time the Court held a sex-based classification to be unconstitutional-Ginsburg became known for her work on the issue of gender equality. For Ginsburg, this was not merely a matter of women's rights, because inequality harms men as well. Several of the cases she argued concerned gender equality for men, beginning with Moritz v. Commissioner of Internal Review (1972). Ginsburg established the Women's Rights Project at the ACLU in 1972 and coedited the first law school casebook on sex discrimination as a professor at Columbia Law School. During the rest of the decade, until President Carter appointed her for the US Court of Appeals in 1980, she litigated cases that further developed gender equality jurisprudence on the basis of the Equal Protection Clause and Title VII of the Civil Rights Act of 1964.Drawing on interviews with RBG herself and those who knew her, as well as extensive knowledge of the cases themselves, Philippa Strum has provided a legal history of Ginsburg's landmark litigation on behalf of women's rights and gender equality. Those cases changed the meaning of the Fourteenth Amendment and, along with two Supreme Court cases of the 1980s and 1990s (Mississippi v. Hogan and U.S. v. Virginia), remain the foundation of constitutional gender jurisprudence today. On Account of Sex shows why RBG became the rock star of the legal world and gives readers an accessible guide to these widely forgotten but momentous decisions.

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 now 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 Law Trove will be available from 12 August 2021. Access must be redeemed by 30 June 2022. - The online resources include useful web links, forms, and diagrams.

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.

Law and Gender in Modern Ireland: Critique and Reform is the first generalist text to tackle the intersection of law and gender in this jurisdiction for over two decades. As such, it could hardly have come at a more opportune moment. The topic of law and gender, perhaps more so than at any other time in Irish history, has assumed a dominant place in political and academic debate. Among scholars and policy-makers alike, the regulation of gendered bodies, and the legal status of sexual and gendered identities, is now a highly visible fault line in public discourse. Debates over reproductive justice (exemplified by the recent referendum to remove the '8th Amendment'), increased rights for lesbian, gay, bisexual and transgender persons (including the public-sanctioned introduction of same-sex marriage) and the historic mistreatment of women and young girls have re-shaped Irish public and political life, and encouraged Irish society to re-examine long-unchallenged gender norms. While many traditional flashpoints remain such as abortion and prostitution/sex work, there are also new questions, including surrogacy and the gendered experience of asylum frameworks, which have emerged. As policy-makers seek to enact reforms, they face a population with increasingly polarised perceptions of gender and a legal structure ill-equipped for modern realities. This edited volume directly addresses modern Irish debates on law and gender. Providing an overview of the existing rules and standards, as well as exploring possible options for reform, the collection stands as an important statement on the law in this jurisdiction, and as an invaluable resource for pursuing gendered social change. While the edited collection applies a doctrinal methodology to explain current statutes, case law and administrative practices, the contributors also invoke critical gender, queer and race perspectives to identify and problematise existing (and potential) challenges. This edited collection is essential reading for all who are interested in law, gender and processes of social change in modern Ireland.

When we talk about sex-whether great, good, bad, or unlawful-we often turn to consent as both our erotic and moral savior. We ask questions like, What counts as sexual consent? How do we teach consent to impressionable youth, potential predators, and victims? How can we make consent sexy? What if these are all the wrong questions? What if our preoccupation with consent is hindering a safer and better sexual culture? By foregrounding sex on the social margins (bestial, necrophilic, cannibalistic, and other atypical practices), Screw Consent shows how a sexual politics focused on consent can often obscure, rather than clarify, what is wrong about wrongful sex. Joseph J. Fischel argues that the consent paradigm, while necessary for effective sexual assault law, diminishes and perverts our ideas about desire, pleasure, and injury. In addition to the criticisms against consent leveled by feminist theorists of earlier generations, Fischel elevates three more: consent is insufficient, inapposite, and riddled with scope contradictions for regulating and imagining sex. Fischel proposes instead that sexual justice turns more productively on concepts of sexual autonomy and access. Clever, witty, and adeptly researched, Screw Consent promises to change how we understand consent, sexuality, and law in the United States today.

Domestic violence accounts for approximately one-fifth of all violent crime in the United States and is among the most difficult issues confronting professionals in the legal and criminal justice systems. In this volume, Elizabeth Britt argues that learning embodied advocacy-a practice that results from an expanded understanding of expertise based on lived experience-and adopting it in legal settings can directly and tangibly help victims of abuse. Focusing on clinical legal education at the Domestic Violence Institute at the Northeastern University School of Law, Britt takes a case-study approach to illuminate how challenging the context, aims, and forms of advocacy traditionally embraced in the U.S. legal system produces better support for victims of domestic violence. She analyzes a wide range of materials and practices, including the pedagogy of law school training programs, interviews with advocates, and narratives written by students in the emergency department, and looks closely at the forms of rhetorical education through which students assimilate advocacy practices. By examining how students learn to listen actively to clients and to recognize that clients have the right and ability to make decisions for themselves, Britt shows that rhetorical education can succeed in producing legal professionals with the inclination and capacity to engage others whose values and experiences diverge from their own. By investigating the deep relationship between legal education and rhetorical education, Reimagining Advocacy calls for conversations and action that will improve advocacy for others, especially for victims of domestic violence seeking assistance from legal professionals.

Dare to dissent. Fight for what you believe in. Change the world for the better-and do it all in a lacy collar. Let the "notorious RBG" teach you to find your work-life balance, stand up for your rights, dissent like a woman, and boss it on or off the bench. If you're ready to live life like the queen of the Supreme Court, tie your hair in a scrunchie, pop on those oversized glasses, and find out how to Be More RBG. Whether you feel like your dream career is a million miles away, you're struggling with your gym routine, or you want to change the world, but don't know how to start, ask yourself: What would RBG do? Then find the answers in Be More RBG, which is full of witty and wise quotes from Associate Supreme Court Justice Ruth Bader Ginsburg and tongue-in-cheek advice for every situation.

'Everyone should read Down Girl. It should be distributed in schools and every board room, athletic department and legislative space' - Soraya Chemaly A transformative book on how misogyny works from a hugely influential thinker Misogyny is a hot topic, yet it's often misunderstood. What is misogyny exactly? Who deserves to be called a misogynist? How does misogyny contrast with sexism, and why is it prone to persist - or increase - even when sexist gender roles are waning? In Down Girl moral philosopher Kate Manne argues that misogyny should not be understood primarily in terms of the hatred or hostility some men feel toward all or most women. Rather, it is primarily about controlling, policing, punishing and exiling the "bad" women who challenge male dominance. And it is compatible with rewarding "the good ones" and singling out other women to serve as warnings to those who are out of order. An incredibly forensic analysis of the logic of misogyny from a brilliant thinker, Down Girl is essential reading for the #MeToo era.