Tag Archives: gender and judging

New in Print: Vol 23(2) of CJWL now online

Volume 23(2) of the Canadian Journal of Women and the Law is now online

 Many well known names, a few students, friend soon leaving for a new career in Australia Chantal Morton, and a few articles which were mentioned here already when they were posted to SSRN).  Articles on sexting, Nixon, Pensions, Intersectionality, and more. Here is the complete Table of Contents:

A Human Right to Group Self-Identification? Reflections on Nixon v. Vancouver Rape Relief  Author Christine Boyle

A Tale of Two Cultures: Intimate Femicide, Cultural Defences, and the Law of Provocation Author Caroline Dick (this article is available online without subscription, for those of you without access to a university library system)

Carolyn Dick’s paper on cultural defenses in provocation cases, which concludes:

The liberal contention that refusing to take the culture of the accused into account will result in the equal application of the law is not borne out, nor is the feminist contention that introducing culture into the courtroom will place race before gender. Instead, the Canadian jurisprudence is better represented by a different ordering principle—that of colonialism before patriarchy.

Beyond Country of Origin: Smith v. Canada and Refugees from Unexpected Places Author Jamie Chai Yun Liew (Jamie is a Canadian lawyer who left her feminist legal practice for grad school at Columbia – she litigated Smith v. Canada, a “don’t ask don’t tell” refugee to Canada from the U.S.)

Do Women Refugee Judges Really Make a Difference? An Empirical Analysis of Gender and Outcomes in Canadian Refugee Determinations Author Sean Rehaag

Another response to the “Will women judges make a difference” question from Osgoode colleague Sean Rehaag, using data he has gathered from Immigration tribunals.  Fascinating findings based on 65000 cases:

Previous research shows that adjudicator identity is a key determinant of outcomes in refugee claims. This article examines the impact of adjudicator gender. Using data on over 65,000 Canadian refugee determinations from 2004 to 2008, the article reveals that male adjudicators have slightly higher grant rates than female adjudicators. Moreover, this difference in grant rates is more pronounced in cases involving female principal applicants and in cases involving gender-based persecution. Despite the overall trend, however, female adjudicators with prior experience in women’s rights had higher average grant rates overall, in cases involving female claimants, and in cases involving gender-based persecution. The article concludes by considering implications for refugee policy and for research on gender and judging.

Intersectionality and Beyond: Law, Power and the Politics of Location Author Susan B. Boyd

L’engagement de ne pas troubler l’ordre public dans les causes de violence conjugale ayant fait l’objet d’un abandon des poursuites judiciaires criminelles (art. 810 C.CR.)  Author Sonia Gauthier

Law and Learning “from the Field”: The Pedagogical Relevance of Collaborative Teacher-Student Empirical Legal Research Authors Sarah Berger Richardson and Angela Campbell

Pensions, Privatization, and Poverty: The Gendered Impact Author Claire Young

The Gendered Dimensions of Sexting: Assessing the Applicability of Canada’s Child Pornography Provision Authors Jane Bailey and Mouna Hanna

The Practices of Lesbian Mothers and Quebec’s Reforms  Author Robert Leckey

When Bare Breasts Are a “Threat”: The Production of Bodies/Spaces in Law Author Chantal Morton

Women’s Human Rights: Seeking Gender Justice in a Globalizing Age  Author Doris Buss

“It was all slightly unreal”: What’s Wrong with Tolerance and Accommodation in the Adjudication of Religious Freedom? Author Lori G. Beaman

Information about the CJWL, from U of T Press:

Founded in 1985, the same year as the equality guarantee of the Canadian Charter of Rights and Freedoms came into force, the Canadian Journal of Women and the Law has been publishing ground-breaking, multi-disciplinary scholarship on the impact of law on women’s social, economic and legal status for twenty-five years.

CJWL Online includes an archive of current and previously published articles going back to 2009.

Subscribers to CJWL Online enjoy:

Enhanced features not available in the print version – supplementary information, colour photos, videos, audio files, etc. encouraging further exploration and research.

Early access to the latest issues – Did you know that most online issues are available to subscribers up to two weeks in advance of the print version? Sign up for e-mail alerts and you will know as soon as the latest issue is ready for you to read.

Everything you need at your fingertips – search through current and archived issues from the comfort of your office chair not by digging through book shelves or storage boxes. The easy to use search function allows you to organize results by article summaries, abstracts or citations and bookmark, export, or print a specific page, chapter or article.

For more information about the Canadian Journal of Women and the Law or for submissions information, please contact:

Canadian Journal of Women and the Law
University of Toronto Press­­ – Journals Division
5201 Dufferin Street, Toronto, ON Canada M3H 5T8
Tel: (416)667-7810  Fax: (416)667-7881
Email: journals@utpress.utoronto.ca 

Website: www.utpjournals.com


Rethinking Gender Equality … Media Coverage of [US] Supreme Court Nominees now on SSRN

Our project sits at the unique interdisciplinary intersection of law, gender studies, mass media, and political science.

Renee Knake and Hannah Brenner from Michigan State U College of Law have posted their interesting study on SSRN:

Rethinking Gender Equality in the Legal Profession’s Pipeline to Power: A Study on Media Coverage of Supreme Court Nominees Phase I, The Introduction Week by 

From the abstract:

“….women remain significantly under-represented in major leadership roles within the legal profession, where they face extensive gender bias and stereotyping. This gender bias and stereotyping is also leveraged against women who are featured in the media, illustrated most vividly by coverage of the most recent Supreme Court nominations. Headlines from mainstream news, “Then Comes the Marriage Question” in the New York Times or “The Supreme Court Needs More Mothers” in the Washington Post, and from the online blog arena, “Elena Kagan v. Sonia Sotomayor: Who Wore it Better?” in AbovetheLaw.com or “Put a Mom on the Court” in TheDailyBeast.com, are just a sampling…”

“This article presents results from the first phase of data analysis looking at the week following a president’s announcement of a nominee, and we report six preliminary findings. In identifying these findings, we assess the gendered portrayals of nominees to the Court, and we reflect upon how this knowledge might motivate the resolution of gender disparity in the legal profession’s pipeline to power”


Given that we’re coming up to some new “appointments” if not “nominations”, time seems ripe for a similar analysis here….