Category Archives: (New) in Print

Reading list / twitter roundup

applejack with lasso

1. Inglis v. BC Minister of Public Safety (trial level successful demand for mother/baby in women’s prison to be reinstated on Charter grounds)

2. Homicide verdict from inquest jurors (5 women who performed this service for 8  months) in the death-while-incarcerated of 19 year old Ashley Smith.

3. Bedford.  SCC unanimously strikes down all Canada’s prostitution laws (for non Canadians –  sale of sex for money is legal but almost all the things you need to engage in it – especially safely engage – are not).  Suspended judgement for a year.

 

OTHER NEW IN PRINT

A Legal History That’s Really About the Place of Law in History http://jotwell.com/?p=3884 

Introduction: #Feminist #Jurisprudence and the Question of #Home Ann Genovese | feminists@law http://bit.ly/1iLdLOU  +4 more papers

Univ of Toronto Law ‏@UTLaw12 Dec  Prof. Lisa Austin, @mgeist and others write “Our data, our laws” in @nationalpost http://fullcomment.nationalpost.com/2013/12/12/our-data-our-laws/ …

A fun read! The fourth wave of feminism: meet the rebel women | World news | The Guardian http://bit.ly/18A8DU1 

[ok not new but!] from 2005 Remembering Favourite Feminist Legal Scholarship by Backhouse, Buss, Cairns Way, Gilbert http://bit.ly/18k8SHZ  #remake?

in @Feministsatlaw Maria Drakopolou (Kent) Revisiting Feminist Jurisprudence: A Rehabilitation http://bit.ly/1gOjPll 

“rape” law: Rubenfeld’s deception thesis taken on: ‏@YaleLJournal Jed Rubenfeld responds to comments on his article from four scholars including Gowri Ramachandran (SWestern) in the YLJ Delineating the Heinous: Rape, Sex, and Self-Possession http://bit.ly/1iLcFmo  (find the others here http://www.thepocketpart.org/.  Rubenfeld then reiterates that sex-by-deception remains a problem for rape law: http://www.yalelawjournal.com/criminal-law-and-sentencing/1225-rape-by-deceptiona-response …

Higher Education: Look around – not a pretty sight

UK (if you are not following recent happenings in the UK, you should)

#highered in UK – Cdns, have a look at #fairpayinHE #occupysh [+context @guardiannews http://www.theguardian.com/higher-education-network/2013/dec/03/university-strike-3-december-pay … ) & ask: how long do we have?

Brenna Bhandar on “A Right to the University” on LRB blog http://bit.ly/18A2yXL  #injunctions #protest #HigherEd #UK (for now)

USA

 

Bright Spot! Quebec

 

New in Print from UBC Press: Calder & Beaman, Polygamy's Rights and Wrongs

 

Click here for UBC press page

Gillian Calder (UVic) and Lori G. Beaman (UOttawa) Eds.

Polygamy’s Rights & Wrongs: Perspectives of Harm, Family, and Law 

Contents look really interesting – with a strong theme connecting them but quite diverse.    They are described in Lori Beaman’s introduction, “Is Polygamy Inherently Harmful?”, which, happily, you can read as a sample, here.  I hope your librarian is getting this (they may appreciate an email suggesting it).  Great cover design too!

 

1 Plus Ça Change … ? Bountiful’s Diverse and Durable Marriage Practices / Angela Campbell 

2 How Should Public Institutions Assess Religious Identity? The Case of Polygamy / Avigail Eisenberg 

3 Polygamy and the Predicament of Contemporary Criminal Law / Benjamin L. Berger 

4 Are They Not Us? A Personal Reflection on Polygamy / Arta Blanche Johnson 

5 Reflecting on Polygamy: What’s the Harm? / Rebecca Johnson 

6 Polygamy in the Parisian Banlieues: Debate and Discourse on the 2005 French Suburban Riots / Jennifer A. Selby 

7 Polygamy and Race-Thinking: A Genealogy / Margaret Denike 

8 Making Them Fit: The Australian National Census and Aboriginal Family Forms / Frances Morphy 

9 The Raids at Short Creek and Yearning for Zion Ranch and the Law of Unintended Consequences / Martha Bradley-Evans 

Conclusion: “To the Exclusion of All Others” — Polygamy, Monogamy, and the Legal Family in Canada / Gillian Calder 

Boyd: "Marriage is More than Just a Piece of Paper: Feminist Critiques of Same Sex Marriage"

This article reviews feminist critiques of same sex marriage and analyzes how marriage as a ocio-legal institution relates to inequality based on factors such as sex, race and class. The article first identifies how the legalization of same sex marriage can be viewed as a positive step in the quest for equality and recognition of lesbians and gay men. It then describes the legal and statistical trends in relation to marriage in Canada, as one of the first countries to legalize same sex marriage. The heart of the article discusses the key feminist critiques of both marriage and same sex marriage, drawing on an international survey of primarily English language literature. It considers why these critiques have been understated in the debates on same sex marriage and reviews empirical studies on the views of lesbians and gay men on marriage. While acknowledging that legal marriage can offer important rights to some couples, the conclusion suggests alternatives to placing marriage at the center of the lesbian and gay movement for equality and recognition.

via Marriage is More than Just a Piece of Paper: Feminist Critiques of Same Sex Marriage by Susan B. Boyd :: SSRN.

NIP Carmela Murdocca: To Right Historical Wrongs: Race, Gender & Sentencing in Canada via UBC Press

York University Associate Professor Carmela Murdocca‘s (Sociology) book is just out from UBC Press in the Law and Society series. (Tell your librarian!)

In To Right Historical Wrongs, Carmela Murdocca brings together the paradigm of reparative justice and the study of incarceration in an examination of this disconnect between political motivations for amending historical injustices and the vastly disproportionate reality of the penal system — a troubling reality that is often ignored.

Drawing on detailed examination of legal cases, parliamentary debates, government reports, media commentary, and community sources, Murdocca presents a new perspective on discussions of culture-based sentencing in an age of both mass incarceration and historical amendment.

via Ubcpress.ca :: University of British Columbia Press.

 

Interested in some of Carmela Murdocca’s other work?  Some is listed in her faculty bio, of course, for instance: (2010), “There Is Something in That Water”: Race, Nationalism, and Legal Violence. Law & Social Inquiry, 35: 369–402. (not open access requires access to Wiley pubs) and  “From Incarceration to Restoration: National Responsibility, Gender and the Production of Difference,” Social and Legal Studies18, 1 (2009): 23-45. (not open access requires access to Sage Publications) and Murdocca, C., “Pursuing National Responsibility in a post-9/11 World: Seeking Asylum in Canada for Gender Persecution” Not Born A Refugee Woman: Contesting Identities, Rethinking Practices, Hajdukowski-Ahmed, Khanlou and Moussa, eds.  Berghahn Books and Refugee and Forced Migration Studies, 2008, 254-263.   Three papers are on SSRN here (open access).  Enjoy!