Gender and the Jubilee by
Gender and the Jubilee is a bold reconceptualization of black freedom during the Civil War that uncovers the political and constitutional claims made by African American women. By analyzing the actions of women in the urban environment of St. Louis and the surrounding areas of rural Missouri, Romeo uncovers the confluence of military events, policy changes, and black agency that shaped the gendered paths to freedom and citizenship. During the turbulent years of the Civil War crisis, African American women asserted their vision of freedom through a multitude of strategies. They took concerns ordinarily under the jurisdiction of civil courts, such as assault and child custody, and transformed them into military matters. African American women petitioned military police for ?free papers?; testified against former owners; fled to contraband camps; and ?joined the army? with their male relatives, serving as cooks, laundresses, and nurses. Freedwomen, and even enslaved women, used military courts to lodge complaints against employers and former masters, sought legal recognition of their marriages, and claimed pensions as the widows of war veterans. Through military venues, African American women in a state where the institution of slavery remained unmolested by the Emancipation Proclamation, demonstrated a claim on citizenship rights well before they would be guaranteed through the establishment of the Fourteenth Amendment. The litigating slave women of antebellum St. Louis, and the female activists of the Civil War period, left a rich legal heritage to those who would continue the struggle for civil rights in the postbellum era.
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License to Wed by
A critical reader of the history of marriage understands that it is an institution that has always been in flux. It is also a decidedly complicated one, existing simultaneously in the realms of religion, law, and emotion. And yet recent years have seen dramatic and heavily waged battles over the proposition of including same sex couples in marriage. Just what is at stake in these battles? License to Wed examines the meanings of marriage for couples in the two first states to extend that right to same sex couples: California and Massachusetts. The two states provide a compelling contrast: while in California the rights that go with marriage--inheritance, custody, and so forth--were already granted to couples under the state's domestic partnership law, those in Massachusetts did not have this same set of rights. At the same time, Massachusetts has offered civil marriage consistently since 2004; Californians, on the other hand, have experienced a much more turbulent legal path. And yet, same-sex couples in both states seek to marry for a variety of interacting, overlapping, and evolving reasons that do not vary significantly by location. The evidence shows us that for many of these individuals, access to civil marriage in particular--not domestic partnership alone, no matter how broad--and not a commitment ceremony alone, no matter how emotional--is a home of such personal, civic, political, and instrumental resonance that it is ultimately difficult to disentangle the many meanings of marriage. This book attempts to do so, and in the process reveals just what is at stake for these couples, how access to a legal institution fundamentally alters their consciousness, and what the impact of legal inclusion is for those traditionally excluded.
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Learning to Lead by
This book (a) synthesizes and distills the research, anecdotal evidence, and key concepts on leadership techniques and success that help working women, in any field, develop in their careers; (b) tailors these principles for women practicing law, regardless of practice area, and creates practical actions that lawyers can implement in their lives and workplaces; and (c) puts the learning into practice by hearing from women who are leading in legal fields and by transforming themselves with a total leadership makeover. Learning to Lead provides a concise road map of the latest collective wisdom on leadership and applies those principles to women lawyers. It features interviews with 11 women legal leaders who share their lessons learned and tips for success. Women lawyers will read this book, take action, and chart their courses to leadership and success.
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Redeeming the Dream by
On November 4, 2008, California voters adopted the highly controversial Proposition 8, a ballot initiative banning same-sex marriage by amending the state constitution to provide that 'only marriage between a man and a woman is valid or recognized in California.' Supported by $40 million in financial backing from religious and other groups hostile to marriage equality, its proponents argued that if the measure wasn't adopted, public schools would soon be teaching children 'that gay marriage is okay.' The passage of Proposition 8 put the state's gay and lesbian citizens, their relationships, and their children in a second-class, inferior, and less-respected status. Shocked by the results of the vote, supporters of marriage equality prepared to challenge Proposition 8 as a violation of the constitutional rights of gays and lesbians enlisting two of the nation's preeminent lawyers: David Boies and Theodore B. Olson. At first glance, they seemed unlikely allies, having argued against each other in the landmark Bush v. Gore case, which effectively decided the 2000 presidential election. But the two men had since become close friends and, dedicated to American principles of equality, due process, and the rule of law, they joined forces to bring one of the key civil liberties cases of our time. Redeeming the Dream is the remarkable story of the five-year struggle to win the right for gays and lesbians to marry in California, from the development of the strategies to challenge Proposition 8, to its being declared unconstitutional in federal district court by Chief Judge Vaughn R. Walker, to ultimate success in the Supreme Court of the United States on June 26, 2013. Boies and Olson guide readers through all the key legal issues framing the fight, the behind-the-scenes planning of what they recognized from the outset as a landmark case, and the human values that were at the heart of their battle to put state-sanctioned discrimination on trial. Redeeming the Dream is the authoritative, dramatic, and inspiring up-close account of the most important civil rights case since Brown v. Board of Education and Loving v. Virginia, and a riveting story of law, justice, and above all else, love. Advance Praise for Redeeming the Dream 'Having argued against Ted Olson in the first of the two Bush v. Gore clashes in the Supreme Court, I wasn't sure what to expect as I watched Ted and my co-counsel for AI Gore, David Boies, take on this profoundly difficult but surpassingly important challenge so soon. Having tried to lay the groundwork in Bowers v. Hardwick, generating dissents that I trusted would prove helpful in the end, I found myself among those wary of the Court's readiness to lead the nation in this morally imperative direction. So I watched breathlessly as Ted and David mounted this audacious challenge. Reading their remarkable memoir so accessibly detailing every step of the journey they pursued together, I not only couldn't put it down but was inspired anew by their unique combination of moral courage and legal brilliance. Sometimes one is brought to tears by the rightness of a cause and the depth of its appeal to the human spirit, sometimes by the sheer genius of the strategy that alone can translate inspiration into implementation. Redeeming the Dream did both. Nobody who cares about law as an instrument of justice at its finest can afford not to read this breathtakingly inspiring book.' Laurence H. Tribe, Carl M. Loeb University Professor and Professor of Constitutional Law, Harvard Law School 'This is compelling and important American history about one of the defining social and legal issues of the twenty-first century, brought to the courtroom by two of our most gifted lawyers - once political opponents, now joined in a com
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Gender in Philosophy and Law by
This book is an introductory systematic framework in the complex and interdisciplinary sex/gender debate, focusing on philosophy of law.The volume analyses the different theories that have dealt with the gender category, highlighting the conceptual premises and the arguments of the most influential theories in the debate, which have had repercussions on the field of the ethical and juridical debate (with reference to intersexuality, transsexualism, transgender, homosexuality). The aim is to offer a sort of conceptual orientation in the complexity of the debate, in an effort to identify the various aspects and development processes of the theories, so as to highlight the conceptual elements of the theorisations to grasp the problem areas within them. It is therefore an overall synthetic and also explicative analysis, but not only explicative: the aim is to outline the arguments supporting the different theories and the counter-arguments too, for the purpose of proposing categories to weigh up the elements and to take one's own critical stance, with a methodological style that is neither descriptive nor prescriptive, but critical.
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Women and (in)Justice by This link opens in a new window
Contemporary Gender Relations and Changes in Legal Cultures by
Denmark was the first country to introduce a registration scheme for same-sex couples with many of the legal effects of marriage. This is now expanding to many other parts of the world, not only by the enactment of registration schemes, but also by opening the very institution of marriage and challenging its traditionally attached hetero-normativity. The articles in this book deal with several challenges to generational, gendered, economic, and sexual relations, as well as with changes. Contents include: Intersections of Gender and Legal Culture in Two Women Judge Shows: Judge Judy and Richterin Barbara Salesch * Claiming the Right to Polygamy: Fundamentalist Mormon Challenges to North American Legal Cultures * Masculine Domination in Turkish Legal Culture: An Analysis of the High Court Decisions * Family Law and Gender in Morocco: Strategies for Change * The Noble Sami Men * An Egalitarian Fiscal Culture Favors Gender Equality: The Swedish Example * Restructuring Intimate Relations: Marriage, Cohabitation, and Same-Sex Relations - ~A Scandinavian Perspective * Legal Recognition of Same-Sex Couples in Denmark: From the First Debates to the Enactment of the Registered Partnership Act of 1989 * Same-Sex Marriage in Denmark and Legal Culture * From Decriminalization to Marriage: Changing Judicial, Political, and Religious Attitudes in the United Kingdom to Gay and Lesbian Families * Same-Sex Marriage: An Old and New Issue in Asia * Gender Relations and Third Country Nationals: Some Thoughts from a Greek Perspective
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Beauty Bias by This link opens in a new window
The Rights of Women by This link opens in a new window
Feminist Legal Theory by This link opens in a new window
Legal Feminism by This link opens in a new window
Covering by This link opens in a new window
Women's Lives, Men's Laws by This link opens in a new window
Introduction to Feminist Legal Theory by This link opens in a new window
Women, the Law and the Workplace by This link opens in a new window
Gender Nonconformity and the Law by This link opens in a new window
Speak Now by
A renowned legal scholar tells the definitive story of Hollingsworth v. Perry, the trial that will stand as the most potent argument for marriage equality Speak Now tells the story of a watershed trial that unfolded over twelve tense days in California in 2010. A trial that legalized same-sex marriage in our most populous state. A trial that interrogated the nature of marriage, the political status of gays and lesbians, the ideal circumstances for raising children, and the ability of direct democracy to protect fundamental rights. A trial that stands as the most potent argument for marriage equality this nation has ever seen. In telling the story of Hollingsworth v. Perry, the groundbreaking federal lawsuit against Proposition 8, Kenji Yoshino has also written a paean to the vanishing civil trial--an oasis of rationality in what is often a decidedly uncivil debate. Above all, this book is a work of deep humanity, in which Yoshino brings abstract legal arguments to life by sharing his own story of finding love, marrying, and having children as a gay man. Intellectually rigorous and profoundly compassionate, Speak Now will stand as the definitive account of a landmark civil-rights trial. -- Winner, Silver Gavel Awards -- Winner, Stonewall Book Award
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Gender in Refugee Law by
Questions of gender have strongly influenced the development of international refugee law over the last few decades. This volume assesses the progress toward appropriate recognition of gender-related persecution in refugee law. It documents the advances made following intense advocacy around the world in the 1990s, and evaluates the extent to which gender has been successfully integrated into refugee law. 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.
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Gender and Law by
Gender and Law: Theory, Doctrine, Commentary, Sixth Edition focuses on all gendered aspects of American law, exploring the historical, comparative, statutory, constitutional, and theoretical dimensions of law's regulation of sexuality and gender. Topics covered can include the nature and attainability of equality, employment law, education and athletics, pregnancy, family, rape, sexual harassment, reproductive control, prostitution, pornography, lesbian/gay/transgender issues, and relevant natural law, economic, feminist, and LGBT theory. Key features for the 6th Edition: Proving systemic discrimination after Dukes v. Walmart. State activity on gay marriage, challenges to the Defense of Marriage Act, repeal of Don't Ask/Don't Tell, and LGBT rights issues. Developments in the law and politics of abortion and reproduction. Gender equity under healthcare reform. Sex and technology, including sexting, advances in reproductive technology, and social media harassment. Developments in pregnancy and caretaker discrimination. Updates on pay equity issues, including equal pay after Ledbetter v. Goodyear Tire & Rubber Co. and the Lilly Ledbetter Fair Pay Act. Updates in the social science of single-sex education and new federal regulations on single-sex public education. Expanded coverage of sexual harassment, domestic violence, international trafficking, the Violence Against Women Act, and other issues relating to abuse of women. New problems based on recent actual fact patterns.
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Same-Sex Marriage in the United States by
Same-sex marriage has become one of the defining social issues in contemporary U.S. politics. State court decisions finding in favor of same-sex relationship equality claims have been central to the issue's ascent from nowhere to near the top of the national political agenda. Same Sex Marriage in the United States tells the story of the legal and cultural shift, its backlash, and how it has evolved over the past 15 years. There is a clear story of jurisprudential evolution with regards to same-sex marriage from Hawaii, through Vermont, Massachusetts, New Jersey, California, Connecticut, and, remarkably, Iowa in 2009. This book aids in a classroom examination of the legal, political, and social developments surrounding the issue of same-sex marriage in the United States. While books about same-sex marriage have proliferated in recent years, few, if any, have provided a clear and comprehensive account of the litigation for same-sex marriage, and its successes and failures, as this book does.
Law and Gender by
Gender is an increasingly prominent aspect of the contemporary debate and discourse around law. It is curious that gender, while figuring so centrally in the construction and organization of social life, is nevertheless barely visible in the conceptual armoury of law. In the jurisprudentialimagination law is gender-less; as a result legal scholarship for the most part continues to hold on to the view that gender plays little or no role in the conceptual make-up, normative grounding, or categorical ordering of law. The official position is that the idea of law and legal fundamentalsare, or at least ought to be, gender-independent.This book challenges these long-held assumptions. Exploring the relationship between law and gender it takes gender as a core concept and analytical tool and examines how law is conceptualized, organized, articulated, and legitimated. How can gender be given meaning in legal texts, doctrine, andpractices, and how can gender operate within the law while simultaneously appearing to be outside it?The relationship between gender and the law is relevant to virtually all areas of law including in particular criminal law, tort law, family law, employment law, and human rights. Increasingly issues of gender are perceived as the concern of all, reflecting broader debates in the law, includingthose of equality and sexuality. Covering the key theoretical and substantive areas of jurisprudence, this volume by Joanne Conaghan will be essential reading for all interested in gender studies and legal theory more widely. It offers a clear, concise introduction to gender studies and centralfeminist concerns for a legal readership.
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Law of Her Own by This link opens in a new window
Our Lives Before the Law by This link opens in a new window
The Gender Line by This link opens in a new window
Feminism, Media, and the Law by This link opens in a new window
Feminist Legal Theories by This link opens in a new window
Reproduction, Sexuality, and the Family by This link opens in a new window
Women and the American Legal Order by This link opens in a new window
Women's Legal Guide by
"Twenty-nine female lawyers from across America have contributed chapters on issues such as health care, marriage and divorce, living together, adoption, the rights of lesbians, estate planning, and sexual discrimination or harassment. In straightforward language, Women's Legal Guide provides up-to-date information and navigates readers through complex legal processes with sample forms, lists, and letters. There is also a chapter to help readers decide when and if a lawyer is needed." "With the most current information available, Women's Legal Guide demystifies today's complex legal processes and makes critical legal knowledge accessible. Women in all stages of life will find this an indispensable resource for understanding their unique legal concerns."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
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Constitutions and Gender by
The idea that constitutions are gendered is not new, but its recognition is the product of a revolution in thinking that began in the last decades of the twentieth century. As a field, it is attracting scholarly attention and influencing practice around the world. This timely handbook features contributions from leading pioneers and younger scholars, applying a gendered lens to constitution-making and design, constitutional practice and citizenship, and constitutional challenges to gender equality rights and values. Offering a cutting-edge perspective on the constitutional text and record of multiple jurisdictions, from long-established to newly emerging democracies, Constitutions and Gender portrays a profound shift in our understanding of what constitutions stand for and what they do. Its central insight is that democratic constitutions must serve the needs and aspirations of all the people, and constitutional legitimacy requires opportunities for participation in both the fashioning and functioning of a country's constitution. This challenging assessment is of relevance to scholars and practitioners of law and politics, and gender and feminism, as well as practitioners and advisors involved in constitution-making.
Equality on Trial by
In 1964, as part of its landmark Civil Rights Act, Congress outlawed workplace discrimination on the basis of such personal attributes as sex, race, and religion. This provision, known as Title VII, laid a new legal foundation for women's rights at work. Though President Kennedy and other lawmakers expressed high hopes for Title VII, early attempts to enforce it were inconsistent. In the absence of a consensus definition of sex equality in the law or society, Title VII's practical meaning was far from certain. The first history to foreground Title VII's sex provision, Equality on Trial examines how the law's initial promise inspired a generation of Americans to dispatch expansive notions of sex equality. Imagining new solidarities and building a broad class politics, these workers and activists engaged Title VII to generate a pivotal battle over the terms of democracy and the role of the state in all labor relationships. But the law's ambiguity also allowed for narrow conceptions of sex equality to take hold. Conservatives found ways to bend Title VII's possible meanings to their benefit, discovering that a narrow definition of sex equality allowed businesses to comply with the law without transforming basic workplace structures or ceding power to workers. These contests to fix the meaning of sex equality ultimately laid the legal and cultural foundation for the neoliberal work regimes that enabled some women to break the glass ceiling as employers lowered the floor for everyone else. Synthesizing the histories of work, social movements, and civil rights in the postwar United States, Equality on Trial recovers the range of protagonists whose struggles forged the contemporary meanings of feminism, fairness, and labor rights.
Diversity in Practice by
Expressions of support for diversity are nearly ubiquitous among contemporary law firms and corporations. Organizations back these rhetorical commitments with dedicated diversity staff and various diversity and inclusion initiatives. Yet, the goal of proportionate representation for people of color and women remains unrealized. Members of historically underrepresented groups remain seriously disadvantaged in professional training and work environments that white, upper-class men continue to dominate. While many professional labor markets manifest patterns of demographic inequality, these patterns are particularly pronounced in the law and elite segments of many professions. Diversity in Practice analyzes the disconnect between expressed commitments to diversity and practical achievements, revealing the often obscure systemic causes that drive persistent professional inequalities. These original contributions build on existing literature and forge new paths in explaining enduring patterns of stratification in professional careers. These more realistic assessments provide opportunities to move beyond mere rhetoric to something approaching diversity in practice.
Transgender Rights and Politics by
To date, media and scholarly attention to gay politics and policy has focused on the morality debates over sexual orientation and the legal aspects of rights for non-heterosexuals. However, transgender concerns as such have received little attention. With transgender activism becoming more visible, policymakers in the United States and around the world have begun to respond to demands for more equitable treatment. Jami K. Taylor and Donald P. Haider-Markel bring together new research employing the concepts and tools of political science to explore the politics of transgender rights. Volume contributors address the framing of transgender rights in the U.S. and in Latin America. They discuss transgender interest groups, the inclusion of transgender activists in advocacy coalitions, policy diffusion at the state and local levels, and, importantly, the implementation of transgender public policy. This volume sets the standard for empirical research on transgender politics and demonstrates that the study of this topic can contribute to the understanding of larger questions in the field of political science.
Gender Identity and Sexual Orientation Discrimination in the Workplace by
Introduction -- The transformative power of words -- Case study: illustrative review of the pragmatic issues covered in this treatise -- The shattering of illusion: the case of Paula Grossman, pioneering transgender plaintiff -- Why the fuss? my best grammar school teacher was fired simply because she was a "transsexual" -- Glenn v. Brumby: forty years after Grossman -- Breaking through the glass ceiling . . . from above -- Only as complicated as you make it -- Living an ordinary life -- Beyond binary -- Life will go on: a spouse's story -- A parent's perspective on gender affirmations -- Why I support transgender rights: an employer-side lawyer's story -- Title VII of the Civil Rights Act of 1964 -- Federal equal protection -- The Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 -- Special issues involving federal employees, employees of federal contractors, and members of the military -- Immigration and LGBT employees -- The employment non-discrimination act : its scope, history, and prospects -- Survey of state laws regarding gender identity and sexual orientation discrimination in the workplace -- Labor arbitration awards -- Transgender discrimination claims: a plaintiff perspective on proofs and trial strategies -- Transgender discrimination claims: a defense perspective on proofs and trial strategies -- Introduction to human resource best practices in the context of LGBT employees -- Critical step one: setting the tone at the top and below -- Critical step two: revising EEO-related policies -- Critical step three: communicating, training, and special transition policies -- Diversity issues -- Confidentiality issues -- The hiring process and employment forms -- Names, gender markers, pronouns, and telephone etiquette -- Issues regarding employees coming out on the job -- Issues regarding employees coming out prior to starting a new job -- Customer-facing positions/objecting customers and vendors --
Appearance, dress, and grooming codes -- Gender-segregated facilities -- Employee benefit issues -- Issues relating to significant others: partners, spouses, parents, and children -- Law and culture in the making of Macy v. Holder -- Employment discrimination against LGBT people: existence and impact -- How LGBT-related workplace policies can have a positive impact on the corporate bottom line -- The "bathroom bill" security concerns debunked -- Portraits of gender in today's workplace -- A millennial moment: understanding twenty-first century LGBT workers and their allies -- Faith communities and LGBT justice -- Interacting in the workplace with individuals who have an intersex condition -- Clothes don't make the man (or woman), but gender identity might.
The Ashgate Research Companion to Feminist Legal Theory by
As a distinct scholarly contribution to law, feminist legal theory is now well over three decades old. Those three decades have seen consolidation and renewal of its central concerns as well as remarkable growth, dynamism and change. This Companion celebrates the strength of feminist legal thought, which is manifested in this dynamic combination of stability and change, as well as in the diversity of perspectives and methodologies, and the extensive range of subject-matters, which are now included within its ambit. Bringing together contributors from across a range of jurisdictions and legal traditions, the book provides a concise but critical review of existing theory in relation to the core issues or concepts that have animated, and continue to animate, feminism. It provides an authoritative and scholarly review of contemporary feminist legal thought, and seeks to contribute to the ongoing development of some of its new approaches, perspectives, and subject-matters. The Companion is divided into three parts, dealing with 'Theory', 'Concepts' and 'Issues'. The first part addresses theoretical questions which are of significance to law, but which also connect to feminist theory at the broadest and most interdisciplinary level. The second part also draws on general feminist theory, but with a more specific focus on debates about equality and difference, race, culture, religion, and sexuality. The 'Issues' section considers in detail more specific areas of substantive legal controversy.
The Gender Line by
Despite tremendous advances in civil rights, we live in a world where the sexes remain sharply segregated from birth to death: in names, clothing, social groupings, and possessions; in occupations, civic association, and domestic roles. Gender separatism, so pervasive as to be almost invisible, permeates the fabric of our daily social routines. Preferring a notion of gender that is fluid and contextual, and denying that separatism is inevitable, Nancy Levit dismantles the myths of gender essentialism Drawing on a wealth of interdisciplinary data regarding the biological and cultural origins of sex differences, Levit provides a fresh perspective on gendered behaviors and argues the need for careful cultivation of new relations between the sexes. With its focus particularly on men, The Gender Line offers an insightful overview of the construction of gender and the damaging effects of its stereotypes. Levit analyzes the ways in which law legitimizes the social segregation of the sexes through legal decisions regarding custody, employment, education, sexual harassment, and criminal law. In so doing, she illustrates the ways in which men's and women's oppressions are intertwined and how law molds the very definition of masculinity. Applying feminist methodology to the doctrine of feminism itself, Levit artfully demonstrates that gender separatism infects even our contemporary views of feminism. Levit asks questions that have been too long been unspoken--those that lie at the core of the feminist project, yet threaten its very foundations. Revealing masculinity as both a privileged and a victimized condition, she calls for a step forward, past the bounds of contemporary feminism and its conflicts, toward a more egalitarian and inclusive feminism. This brand of feminism would reshape traditional masculinity, invite men into feminist dialogue, and claim men as political allies.
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