An original and compelling consideration of American law and culture, No Constitutional Right to Be Ladies emphasizes the dangers of excluding women from other civic responsibilities as well, such as loyalty oaths and jury duty. Exploring the lives of the plaintiffs, the strategies of the lawyers, and the decisions of the courts, Kerber offers readers a convincing argument for equal treatment under the law.
Consisting of direct translations of the trial testimony, The Trial of Tempel Anneke portrays a large and varied cast of characters including trades people, farmers, local nobility, village drunkards, and Tempel Anneke herself. Tempel Anneke was in several ways typical of those accused of witchcraft, yet from the testimony she emerges as a complex and controversial figure. She was literate and owned a few books and herbals; she prided herself on her medical and pharmaceutical knowledge and until the final stages of the trial when her confession was extracted under torture, she was sharp, assertive, and even witty in her responses to questioning. This English translation offers direct archival insight into the workings of 17th century law, contemporary understandings of justice, perceptions of natural and magical causes, and above all, the social history of the period.
While other witchcraft materials exist, this is the only text available in English that allows students to follow a witchcraftÿtrial from beginning to end. Highly readable, this astonishing narrative is perfectly suited to being read as a complete document. The useful additions of introduction, appendices, glossary, and index provide readers with important background information so that they can engage directly with the material.
The selections demonstrate that the right to choice isn’t an automatic guarantee of reproductive justice and gender equality; to truly achieve this ideal it is essential to recognize the complexity of women’s reproductive experiences and needs. Divided into four sections, the book examines feminist critiques of medical knowledge and practice; and the legal regulation of pregnancy termination, conception and child-bearing, and behavior during pregnancy.
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.
With The Seductions of Quantification, leading legal anthropologist Sally Engle Merry investigates the techniques by which information is gathered and analyzed in the production of global indicators on human rights, gender violence, and sex trafficking. Although such numbers convey an aura of objective truth and scientific validity, Merry argues persuasively that measurement systems constitute a form of power by incorporating theories about social change in their design but rarely explicitly acknowledging them. For instance, the US State Department’s Trafficking in Persons Report, which ranks countries in terms of their compliance with antitrafficking activities, assumes that prosecuting traffickers as criminals is an effective corrective strategy—overlooking cultures where women and children are frequently sold by their own families. As Merry shows, indicators are indeed seductive in their promise of providing concrete knowledge about how the world works, but they are implemented most successfully when paired with context-rich qualitative accounts grounded in local knowledge.
Feminist Legal History represents feminist legal historians’ efforts to define their field, by showcasing historical research and analysis that demonstrates how women were denied legal rights, how women used the law proactively to gain rights, and how, empowered by law, women worked to alter the law to try to change gendered realities. Encompassing two centuries of American history, thirteen original essays expose the many ways in which legal decisions have hinged upon ideas about women or gender as well as the ways women themselves have intervened in the law, from Elizabeth Cady Stanton’s notion of a legal class of gender to the deeply embedded inequities involved in Ledbetter v. Goodyear, a 2007 Supreme Court pay discrimination case.
Contributors: Carrie N. Baker, Felice Batlan, Tracey Jean Boisseau, Eileen Boris, Richard H. Chused, Lynda Dodd, Jill Hasday, Gwen Hoerr Jordan, Maya Manian, Melissa Murray, Mae C. Quinn, Margo Schlanger, Reva Siegel, Tracy A. Thomas, and Leti Volpp
· “An illuminating and moving study.” – Stephanie Coontz, author of A Strange Stirring“Wonderfully rich, deep, and surprising… A masterful and original work.” – Shannon Minter, National Center for Lesbian Rights
Features:Organized in theoretical frameworks to enable student to grasp different conceptualizations of equality and justice. Provides complete, up-to-date coverage of conventional ""women and the law"" issues, including employment law, affirmative action, sexual harassment, reproductive rights, domestic violence, Title IX, and poverty and race. Shows the complex ways in which gender permeates the law, including issues relating to property, ethics, contracts, sports, and criminal law.Tailors cases to undergraduate use, almost entirely omitting procedural issues
This guide examines all the colors of the sexual rainbow, unearths hidden histories, and looks at contributions from medicine and science. It also includes a unique global survey of laws that affect sexual minorities.
Vanessa Baird has been co-editor at New Internationalist magazine since 1986. Her previous books include, as compiler and editor, Eye to Eye Women.
In a series of richly detailed case studies, the book weaves together scholarship on law and social movements, feminist theory, policy formation and implementation, and criminal justice to show how the innovative legal strategies employed by anti-rape advocates actually undermined some of their central claims. But even as its more radical elements were thwarted, pieces of the rape law reform project were seized upon by conservative policy-makers and used to justify new initiatives that often prioritize the interests and rights of criminal justice actors or medical providers over the needs of victims.
This volume gathers DuBois' most influential articles on woman suffrage and includes two new essays. The collection traces the trajectory of the suffrage story against the backdrop of changing attitudes to politics, citizenship and gender, and the resultant tensions over such issues as slavery and abolitionism, sexuality and religion, and class and politics. Connecting the essays is DuBois' belief in the continuing importance of political and reform movements as an object of historical inquiry and a force in shaping gender.
The book, which includes a highly original reconceptualization of women's rights from Mary Wollstonecraft to contemporary abortion and gay rights activists and a historiographical overview of suffrage scholarship, provides an excellent overview of the movement, including international as well as U.S. suffragism, in the context of women's broader concerns for social and political justice.
Cultural stories about rape, Taslitz argues, such as the provocatively dressed woman "asking for it," are at the root of many unconscious prejudices that determine jury views. He connects these stories with real-life examples, such as the Mike Tyson and Glen Ridge rape trials, to show how rape stereotypes are used by defense lawyers to gain acquittals for their clients.
Building on Deborah Tannen's pathbreaking research on the differences between male and female speech, Taslitz also demonstrates how word choice, tone, and other lawyers' linguistic tactics work to undermine the confidence and the credibility of the victim, weakening her voice during the trial. Taslitz provides politically realistic reform proposals, consistent with feminist theories of justice, which promise to improve both the adversary system in general and the way that the system handles rape cases.
The Life and Death of Latisha King examines a single incident, the shooting of 15-year-old Latisha King by 14-year-old Brandon McInerney in their junior high school classroom in Oxnard, California in 2008. The press coverage of the shooting, as well as the criminal trial that followed, referred to Latisha, assigned male at birth, as Larry. Unpacking the consequences of representing the victim as Larry, a gay boy, instead of Latisha, a trans girl, Gayle Salamon draws on the resources of feminist phenomenology to analyze what happened in the school and at the trial that followed. In building on the phenomenological concepts of anonymity and comportment, Salamon considers how gender functions in the social world and the dangers of being denied anonymity as both a particularizing and dehumanizing act.
Salamon offers close readings of the court transcript and the bodily gestures of the participants in the courtroom to illuminate the ways gender and race were both evoked in and expunged from the narrative of the killing. Across court documents and media coverage, Salamon sheds light on the relation between the speakable and unspeakable in the workings of the transphobic imaginary. Interdisciplinary in both scope and method, the book considers the violences visited upon gender-nonconforming bodies that are surveilled and othered, and the contemporary resonances of the Latisha King killing.
Martha Minow takes a hard look at the way our legal system functions in dealing with people on the basis of race, gender, age, ethnicity, religion, and disability. Minow confronts a variety of dilemmas of difference resulting from contradictory legal strategies—strategies that attempt to correct inequalities by sometimes recognizing and sometimes ignoring differences. Exploring the historical sources of ideas about difference, she offers challenging alternative ways of conceiving of traits that legal and social institutions have come to regard as "different." She argues, in effect, for a constructed jurisprudence based on the ability to recognize and work with perceptible forms of difference.
Minow is passionately interested in the people—"different" people—whose lives are regularly (mis)shaped and (mis)directed by the legal system's ways of handling them. Drawing on literary and feminist theories and the insights of anthropology and social history, she identifies the unstated assumptions that tend to regenerate discrimination through the very reforms that are supposed to eliminate it. Education for handicapped children, conflicts between job and family responsibilities, bilingual education, Native American land claims—these are among the concrete problems she discusses from a fresh angle of vision.
Minow firmly rejects the prevailing conception of the self that she believes underlies legal doctrine—a self seen as either separate and autonomous, or else disabled and incompetent in some way. In contrast, she regards the self as being realized through connection, capable of shaping an identity only in relationship to other people. She shifts the focus for problem solving from the "different" person to the relationships that construct that difference, and she proposes an analysis that can turn "difference" from a basis of stigma and a rationale for unequal treatment into a point of human connection. "The meanings of many differences can change when people locate and revise their relationships to difference," she asserts. "The student in a wheelchair becomes less different when the building designed without him in mind is altered to permit his access." Her book evaluates contemporary legal theories and reformulates legal rights for women, children, persons with disabilities, and others historically identified as different.
Here is a powerful voice for change, speaking to issues that permeate our daily lives and form a central part of the work of law. By illuminating the many ways in which people differ from one another, this book shows how lawyers, political theorist, teachers, parents, students—every one of us—can make all the difference,
Legal Feminism situates the feminist jurisprudence movement within the larger context of Western law and philosophy, focusing first on common problem areas of legal theory and decision-making, and then explaining how feminist jurisprudence can analyze and address these issues in new ways. Throughout, Scales draws on legal disputes to show how feminist theory works in the courtroom and in other real-life arenas.
Part personal memoir, part primer, and part treatise, Legal Feminism is a de-jargonized, lively account of how feminist jurisprudence can solve traditional legal conflicts, and why it matters to anyone committed to building an equitable and progressive society.
In this groundbreaking book, Rosemary Nossiff examines the force that shaped abortion policy during those years, and the ways in which states responded to them. To provide in-depth analysis while still looking broadly at the picture, she studies New York, which passed the most permissive abortion bill in the country, and Pennsylvania, which passed one of the most restrictive. That these two states, which share similar demographic, political, and economic characteristics, should reach two such different outcomes provides a perfect case study for observing political dynamics at the state level.
Nossiff examines the medical, religious, and legal discourses employed on both sides of the debate, as well as the role played by feminist discourse. She looks at the role of the political parties in the campaigns, as well as such interest groups as the National Council of Catholic Bishops, the Clergy Consultation Service, the National Organization for Women, and the National Association for the Repeal of Abortion Laws. In addition, she analyzes the strategies used by both sides, as well as partisan and institutionalized developments that facilitated success or failure. Finally, in the Epilogue, she assesses the Roe decision and its aftermath, including an analysis of the pro-life movement in Pennsylvania.
As the author remarks, "Without question people's positions on abortion are shaped by a myriad of social, moral, and economic factors. But ultimately abortion policy is shaped in the political arena. This book examines how one of the most intimate decisions a woman makes, whether to continue or terminate a pregnancy, has become one of the most politicized issues in contemporary American politics.
Evaluating the research and advocacy agendas for gender in refugee law ten years beyond the 2002 UNHCR Gender Guidelines, the book investigates the current status of gender in refugee law. It examines gender-related persecution claims of both women and men, including those based on sexual orientation and gender identity, and explores how the development of an anti-refugee agenda in many Western states exponentially increases vulnerability for refugees making gendered claims. The volume includes contributions from scholars and members of the advocacy community that allow the book to examine conceptual and doctrinal themes arising at the intersection of gender and refugee law, and specific case studies across major Western refugee-receiving nations. The book will be of great interest and value to researchers and students of asylum and immigration law, international politics, and gender studies.
But there was more at stake here. By examining women's use of language, Terri L. Snyder demonstrates how women resisted and challenged oppressive political, legal, and cultural practices in colonial Virginia. Contending that women's voices are heard most clearly during episodes of crisis, Snyder focuses on disorderly speech to illustrate women's complex relationships to law and authority in the seventeenth century.
Ordinary women, Snyder finds, employed a variety of strategies to prevail in domestic crises over sexual coercion and adultery, conflicts over women's status as servants or slaves, and threats to women's authority as independent household governors. Some women entered the political forum, openly participating as rebels or loyalists; others sought legal redress for their complaints. Wives protested the confines of marriage; unfree women spoke against masters and servitude. By the force of their words, all strove to thwart political leaders and local officials, as well as the power of husbands, masters, and neighbors. The tactics colonial women used, and the successes they met, reflect the struggles for empowerment taking place in defiance of the inequalities of the colonial period.
The original essays in this volume bring social movement scholarship and legal analysis together, enriching our understanding of social movements, LGBT politics and organizing, legal studies, and public policy. Moreover, they highlight the struggle to make the law relevant and responsive to the LGBT community. Ultimately, Queer Mobilizations examines how the LGBT movement’s engagement with the law shapes the very meanings of sexuality, sex, gender, privacy, discrimination, and family in law and society.
Contributors: Ellen Ann Andersen, Steven A. Boutcher, Bayliss Camp, Casey Charles, Ashley Currier, Courtenay W. Daum, Shauna Fisher, David John Frank, Jonathan Goldberg-Hiller, Charles W. Gossett, Marybeth Herald, Nicholas Pedriana, Darren Rosenblum, Susan M. Sterett, and Amy L. Stone.
Appendices offering extensive resources including publications, websites, telephone counseling, support groups and listings of federal and state agencies make this title necessary for every employee's reference shelf.
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 experienceof 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.
• Essay, "Fiduciary Political Theory: A Critique," by Ethan J. Leib and Stephen R. Galoob
• Note, "The Modification of Decrees in the Original Jurisdiction of the Supreme Court," by James G. Mandilk
In addition, the issue includes an extensive collection of Features by leading scholars, entitled "A Conversation on Title IX," growing out of an event sponsored by the Journal. Contributors include Michelle J. Anderson, Adele P. Kimmel, Catharine A. MacKinnon, Dana Bolger, Zoe Ridolfi-Starr, and Alyssa Peterson & Olivia Ortiz. Subjects of these essays include institutional liability, costs of liability and schools' financial obligations, transparency in campus reporting, adjudicative processes, and using Title IX for preventing the bullying of LGBT students.
This is the seventh issue of academic year 2015-2016. Quality formatting includes linked notes and an active Table of Contents (including linked Contents for individual articles), as well as active URLs in footnotes and proper Bluebook style.
Prosecuting the Exonerated: Actual Innocence and the Double Jeopardy Clause; By Jordan M. Barry
From Multiculturalism to Technique: Feminism, Culture, and the Conflict of Laws Style; By Karen Knop, Ralf Michaels & Annelise Riles
Fragmentation Nodes: A Study in Financial Innovation, Complexity, and Systemic Risk; By Kathryn Judge
Note: Insurmountable Obstacles: Structural Errors, Procedural Default, and Ineffective Assistance; By Amy Knight Burns
Comment: The Gulf Coast Claims Facility and the Deepwater Horizon Litigation: Judicial Regulation of Private Compensation Schemes; By Colin McDonell
In the ebook edition, all the footnotes, graphs, and tables of contents (including those for individual articles) are fully linked, properly scalable, and functional; the original note numbering is retained. Also, the URLs in notes are active; and the issue is properly formatted.
Elizabeth Schneider has played a pioneering role in this process. From an insider’s perspective she explores how claims of rights for battered women have emerged from feminist activism, and she assesses the possibilities and limitations of feminist legal advocacy to improve battered women’s lives and transform law and culture. The book chronicles the struggle to incorporate feminist arguments into law, particularly in cases of battered women who kill their assailants and battered women who are mothers. With a broad perspective on feminist lawmaking as a vehicle of social change, Schneider examines subjects as wide-ranging as criminal prosecution of batterers, the civil rights remedy of the Violence Against Women Act of 1994, the O. J. Simpson trials, and a class on battered women and the law that she taught at Harvard Law School. Feminist lawmaking on woman abuse, Schneider argues, should reaffirm the historic vision of violence and gender equality that originally animated activist and legal work.
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.
In this timely volume, contributors from various disciplines analyze reaction and resistance to feminism in several areas of law and policy � child custody, child poverty, sexual harassment, and sexual assault � and in a number of institutional sites, such as courts, legislatures, families, the mainstream media, and the academy. Collectively, their studies paint a more complicated, often contradictory, picture of feminism, law, and social change than the popular image of backlash suggests.
Reaction and Resistance offers feminists and other activists empirically grounded knowledge that can be used to develop legal and political strategies for change.
Sexual harassment is one of the most problematic issues in the American workplace and one that has captured much media attention following a number of high-profile lawsuits and congressional hearings. This increased awareness, along with several landmark developments such as the availability of damages under the Civil Rights Act of 1991, has led to an astronomical rise in sexual harassment lawsuits. Yet, sexual harassment law is often still misunderstood, to the point that some federal appeals courts have characterized it as chaotic, and have asked for Supreme Court direction. This book fills the need for a comprehensive text that is also concise and simple, in contrast to the voluminous texts that cater primarily to litigating attorneys and tend to be unsuitable for other constituents, such as law and business professors and students, human resource managers, and risk management consultants.
Achampong's is the only work that devotes several chapters to landmark developments such as third-party and same-sex sexual harassment and the only one that goes beyond merely discussing workplace harassment prevention to discussing risk management of liability for sexual harassment. It also discusses esoteric rules that apply to federal sector sexual harassment complainants. The appendices provide guidelines on discrimination; excerpts from the Civil Rights Acts of 1964 and 1991; a discussion of landmark Supreme Court cases; excerpts from the EEOC Compliance Manual; and EEOC policy guidelines on current issues of sexual harassment.
This book was created to celebrate the tenth anniversary of Jane Doe’s remarkable legal victory against the Toronto police for sex discrimination in the policing of rape and for negligence in failing to warn her of a serial rapist. The case made legal history and motivated a new generation of feminist activists. This book honours her pioneering work by reflecting on how law, legal practice and activism have evolved over the past decade and where feminist research and reform should lead in the years to come.