Gender Sensitive Lawmaking in Theory and Practice
Gender Sensitive Lawmaking in Theory and Practice

Author: Maria Mousmouti

Publisher: Taylor & Francis

Published: 2023-08-29

Total Pages: 106

ISBN-13: 1000926621

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This book addresses key questions around gender-sensitive legislation as a key output of gender sensitive Parliaments and explores practical ways to promote gender-sensitive ex-ante scrutiny of legislation, improve implementation through gender responsive budgeting, assess the gender impact of legislation ex post and express laws in gender inclusive ways. All laws have a gender, and the gender of the law can reveal itself in the language, the content and the results of legislation. Gender-blind laws can discriminate directly or indirectly against individuals or population groups, can produce unwanted effects, can reproduce gender stereotypes, and can render laws and policies ineffective. Gender-sensitive legislation on the other hand, can be expected to achieve its desired legislative objectives without unwanted differential impact on the grounds of gender and other individual characteristics and can simultaneously promote gender equality. This book advances the premise that gender sensitive legislation is not the result of political will or good intentions alone but the outcome of gender-sensitive legislative decision-making throughout the life cycle of legislation. This means that gender concerns need to be an integral part of the processes of legislative design and drafting, ex-ante and ex-post legislative scrutiny and implementation of legislation. Gender Sensitive Lawmaking in Theory and Practice will be a great resource for academics, researchers, and advanced students of Law, Public Policy, Gender and Women’s Studies and Sociology. The chapters included in this book were originally published as a special issue of The Theory and Practice of Legislation.

Gender Law and Policy
Gender Law and Policy

Author: Katharine T. Bartlett

Publisher: Aspen Publishing

Published: 2020-09-15

Total Pages: 912

ISBN-13: 1543813739

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Gender Law and Policy provides the theoretical frameworks, legal cases, and policy background necessary for analyzing a broad range of gender issues in the law. It is an ideal text for undergraduate courses in Women’s Studies, Political Science, and other fields focusing on gender law and policy, including Women and the Law and Gender Law and Policy. This text features lucid introductions in each chapter that illuminate the issues significant to each topic, alternative theoretical perspectives that facilitate open-minded problem solving, and incisive commentary by leading scholars and policymakers. Timely coverage of foundational and cutting-edge issues includes constitutional law, employment law, Title IX and education (including sports), family law, sexual harassment, sexual violence, pornography, prostitution, global trafficking, LGBT issues, and women’s sexual and reproductive health. Features of the Third Edition: Organized in five chapters focusing on different theoretical frameworks to enable student to grasp different conceptualizations of equality and justice. New introductory chapter with a broad overview of the theoretical frameworks, as well as the adjacent critical theories with the most relevance to the study of gender and law—intersectionality, queer theory, and masculinities studies. Includes more than 200 “Putting Theory into Practice” Problems, most based on real-life, unresolved problems, to keep a consistent, stimulating focus on the relationship between theory and practice. Features boxed definitions of terms and explanations of the legal process that are important for understanding the cases and a glossary where students can look up unfamiliar terms and concepts. Provides timelines and charts for graphic enhancement of important information. Offers clear introductions to each chapter, subject matter, and lead case, along with reading questions, so that students can focus on the implications of the law rather than figure out the content of the law. Tailors cases to undergraduate use, almost entirely omitting procedural issues, but preserving detailed facts necessary for analysis. New or enhanced coverage of the #MeToo movement, reproductive rights, campus sexual assault, LGBTQ issues, sex and technology, and intimate partner violence. Professors and students will benefit from: Adaptation of the best-selling law school gender and law textbook for undergraduate use for courses in gender, law, and policy. Interspersed theoretical and practice materials: excerpted legal cases, statutes, and law review articles form an ongoing dialogue within the book to stimulate thought and discussion. Complete, up-to-date coverage of conventional “women and the law” issues, including constitutional law, employment law, affirmative action, sexual harassment, reproductive rights, domestic violence, Title IX, and poverty and race, along with analysis of cutting edge issues relating to LGBTQ and nonbinary individuals.

Gender and Law
Gender and Law

Author: Katharine T. Bartlett

Publisher: Aspen Publishing

Published: 2023-01-31

Total Pages: 1150

ISBN-13:

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The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Gender and Law: Theory, Doctrine, Commentary, Ninth Edition is organized around theoretical frameworks, showing different conceptualizations of equality and justice and their impact on concrete legal problems. The text provides complete, up-to-date coverage of conventional “women and the law” issues, including employment law and affirmative action, reproductive rights, LGBTQ issues, domestic violence, rape, pornography, international women’s rights, and global trafficking. Showing the complex ways in which gender permeates the law, the text also explores the gender aspects of subject matters less commonly associated with gender, such as property, ethics, contracts, sports, and civil procedure. Throughout, the materials allow an emphasis on alternative approaches and how these approaches make a difference. Excerpted legal cases, statutes, and law review articles form an ongoing dialogue within the book to stimulate thought and discussion, and almost 250 provocative “putting theory into practice” problems challenge students to think deeply about current gender law issues. Highlights of the 9th Edition: This edition is both faithful to its original design—teaching through theoretical frameworks rather than by subject area—and cutting edge. The authors have spared no detail in covering the latest developments in this fast-changing field of study while tying them together into a cohesive whole. Dobbs v. Jackson Women’s Health Organization, a restructuring of the materials on reproductive rights, and greater attention to the reproductive justice movement and the intersectional issues raised by every issue involving reproductive health. Updated and more sustained attention to gender identity and nonbinary identities, including Bostock v. Clayton County, new material on transgender athlete bans, and a new section on sex-segregation and sex-differentiation within coed spaces (including Peltier v. Charter Day School, Inc. on sex-specific dress codes). Materials raising questions and critique about the intersection of race and gender, including historical materials that highlight the relationship between women’s suffrage advocates and abolitionists and excerpts from newer scholars. Coverage of the impact of the Covid-19 crisis and its exacerbation of gender issues at work and in the home. Updated equal pay materials, revised to highlight new developments in Equal Pay Act litigation, including Rizo v. Yovino on the use of prior salary as a “factor other than sex.” Revised materials on the criminal law of rape that include material from the proposed amendment to the Model Penal Code as well as coverage of the racial stereotypes sometimes reflected in the wrongful accusation and conviction of Black men. Professors and students will benefit from: Dozens of new Putting Theory into Practice problems An updated teacher’s manual with audio and video clips from films, documentaries, news programs, and television and radio series on the book’s main substantive topics. For new teachers, the teacher’s manual is an essential resource; for more experienced teachers, the book is structured in a way that gives them lots of options for how and what to cover in the course depending on the number of credit hours and the professor’s own sense of what should be taught

Making Laws Work for Women and Men: a Practical Guide to Gender-sensitive Legislation
Making Laws Work for Women and Men: a Practical Guide to Gender-sensitive Legislation

Author:

Publisher:

Published: 2017

Total Pages:

ISBN-13: 9789292349486

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ODIHR's Making Laws Work for Women and Men: A Practical Guide to Gender-Sensitive Legislation looks at the legislative process as a vital entry point for gender mainstreaming, while taking into account the direct and tangible impact of legislation on people's lives. The Guide is primarily intended for members of parliament and parliamentary staff, and aims to offer practical guidance on what gender-sensitive legislation is, why it is important, what it consists of and how it can be integrated it into routine parliamentary work. The publication provides a step-by-step guide on how to implement gender-sensitive legislation. It includes recommendations on how to conduct a gender needs analysis in a given sector, how to assess the gender implications of specific laws, how to integrate gender-focused activities in new legislative acts, and how to develop gender-sensitive indicators that can facilitate the monitoring of a law's implementation. The publication also discusses some of the main principles of gender-responsive budget analysis, a central component of any successful gender-sensitive legislation. Finally, the Guide provides its readers with a self-assessment tool to guide them through different stages of law-making from a gender perspective.

The Ashgate Research Companion to Feminist Legal Theory
The Ashgate Research Companion to Feminist Legal Theory

Author: Professor Margaret Davies

Publisher: Ashgate Publishing, Ltd.

Published: 2013-11-28

Total Pages: 592

ISBN-13: 147240405X

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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.

Gender in Practice
Gender in Practice

Author: John Hagan

Publisher: New York : Oxford University Press

Published: 1995

Total Pages: 248

ISBN-13: 0195092821

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In the last thirty years, the number of lawyers in the United States and Canada has more than tripled, and today as many women as men are entering legal practice. The sudden, dramatic increase of women in the profession would seem to signify a new era of equality in the legal profession. However, stereotypes about women's abilities to balance responsibilities at work and home hamper their upward mobility in this male-dominated field. Battling sexual discrimination, women in law grapple with long-held assumptions about parenting, inferring that women eventually abandon their careers in order to take care of home and children. A large percentage of women leave the profession dissatisfied and distressed or seek part-time solutions, and those women who do stay in practice often find there is a ceiling on their status and monetary compensation. Gender in Practice demonstrates and explains how the structure of legal practice has changed in recent decades, often to the disadvantage of women. The issues addressed here, such as conflicts between careers and family, departures from practice, and barriers to women's promotions and earnings are of great importance to members of the profession. Looking at the careers of both men and women and using information culled from two surveys that include nearly two thousand lawyers, this revealing book traces occupational and personal experiences and analyzes these patterns in terms of work and gender. The findings are linked to practical proposals for change, some of which have already found a place in the profession. A major contribution to discussions of sexual equality in the legal workplace, Gender in Practice offers detailed insights into the current and future status of women in the law. Lawyers, law professors, and anyone concerned with gender inequality and equal rights will find this to be an interesting and informative work.

Gender and Law
Gender and Law

Author: Katharine T. Bartlett

Publisher: Wolters Kluwer Law & Business

Published: 2016-10

Total Pages:

ISBN-13: 9781454880868

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A highly regarded critical examination of major critical feminist theories and the role of gender in all aspects of the law. 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, andLGBTrights issues. Developments in the law and politics of abortion and reproduction. Gender equity under healthcare reform. Sex and technology, includingsexting, advances in reproductive technology, and social media harassment. Developments in pregnancy and caretaker discrimination. Updates on pay equity issues, including equal pay afterLedbetterv. Goodyear Tire & Rubber Co. and the LillyLedbetterFair 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. "

Women, Business and the Law 2021
Women, Business and the Law 2021

Author: World Bank

Publisher: World Bank Publications

Published: 2021-04-05

Total Pages: 381

ISBN-13: 1464816530

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Women, Business and the Law 2021 is the seventh in a series of annual studies measuring the laws and regulations that affect women’s economic opportunity in 190 economies. The project presents eight indicators structured around women’s interactions with the law as they move through their lives and careers: Mobility, Workplace, Pay, Marriage, Parenthood, Entrepreneurship, Assets, and Pension. This year’s report updates all indicators as of October 1, 2020 and builds evidence of the links between legal gender equality and women’s economic inclusion. By examining the economic decisions women make throughout their working lives, as well as the pace of reform over the past 50 years, Women, Business and the Law 2021 makes an important contribution to research and policy discussions about the state of women’s economic empowerment. Prepared during a global pandemic that threatens progress toward gender equality, this edition also includes important findings on government responses to COVID-19 and pilot research related to childcare and women’s access to justice.

Battered Women and Feminist Lawmaking
Battered Women and Feminist Lawmaking

Author: Elizabeth M. Schneider

Publisher: Yale University Press

Published: 2008-10-01

Total Pages: 331

ISBN-13: 0300128932

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Women’s rights advocates in the United States have long argued that violence against women denies women equality and citizenship, but it took a movement of feminist activists and lawyers, beginning in the late 1960s, to set about realizing this vision and transforming domestic violence from a private problem into a public harm. This important book examines the pathbreaking legal process that has brought the pervasiveness and severity of domestic violence to public attention and has led the United States Congress, the Supreme Court, and the United Nations to address the problem. 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.

The Form of Legislation and the Rule of Law
The Form of Legislation and the Rule of Law

Author: Ronan Cormacain

Publisher: Bloomsbury Publishing

Published: 2022-12-22

Total Pages: 327

ISBN-13: 1509938060

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What does the rule of law mean, in practical terms, for the way that legislation is prepared, drafted and presented? It is a cornerstone of the UK legal order and requires certain things from the legal system, such as that the law must be intelligible, predictable and accessible. This book examines what those requirements mean for the form that legislation must take. Using the rule of law as the starting point, the author uses deductive reasoning to determine what flows from this in terms of the form of legislation. Each element of the rule of law is analysed to establish principles about the form that legislation ought to take, and the book examines how each principle can be given concrete effect. The originality lies in the nexus between the rule of law and the form of legislation. Much has been written about the nature and content of the rule of law, but relatively little has been devoted to legisprudence, the theory and practice of legislation. This book now draws these two subjects together in a detailed and innovative way.