Tag Archives: new in print

The Person’s Case, in Carissma Mathen’s “Courts without Cases: The Law and Politics of Advisory Opinions” (Hart 2019)

You can find the book for order here, and check Carissima on Twitter @cmathen in case she’s doing a launch event that you can get to (Winter Semester, Osgoode). If you are on twitter and don’t follow her, recommend that you do, for live tweeting all kinds of things, for instant digests of SCC new releases, for fun. Oh, and if you want the JCPC Person’s case itself, here it is on Canlii.

(excerpt from Chapter 7 “Interpretation and Rights” with thanks to Carissima)

It took time for the Persons Case to make its mark. [A]side from a few other Privy Council decisions, it went virtually unmentioned until 1979.  In its own time, academic discussion of the reference was uniformly negative.  British scholar Berriedale Keith said that ‘no decision of the Privy Council is probably harder to defend as sound in law ’.  GF Henderson was equally cutting, charging that the case was ‘not written in strict accordance with well understood legal principles ’; that the federal government had manipulated the situation to secure its preferred outcome; and that the JCPC had by ‘ judicial legislation … altered the constitution of the Senate of Canada ’.

More positive regard began to emerge in the 1970s, a time of greater awareness of women’s rights and an increasing role for feminist advocacy. After being mentioned in some early Charter decisions, Edwards quickly assumed more prominence. The reference enjoyed an intriguing duality. It was used to chart a different path to constitutional interpretation compared to the more formalist approach of the Supreme Court of the 1970s. At the same time, being so deeply rooted in the country ’s legal history, it may have rendered the Court ’s momentous interpretative choices, a number of which are explored later in this chapter, less radical.

The critiques of the Persons Case are reminiscent of the debates in the United States over the soundness of the Brown v Board of Education (Topeka) landmark decision.  Although it is possible to legitimately object to the judicial craft in each, and many commentators do, few take the next step and claim that the decision should be cast aside.  In Canada, such a position would be repudiated by all but the most implacable defenders of constitutional minimalism.  The hesitation to fully back the implications of such a critique illustrates the opinion’s power. For, while the reference may attract debate over its precise contours, and future applications, there is in almost all quarters an acceptance of its legacy and continuing force.”

Have you or your colleagues got New In Print academic/legal work that could be featured here? Let me know via email.

Vol 4 of {openaccess} Feminists@Law Journal is out…

Vol 4, No 1 2014 Cover Art by Hannah Tiernan on Feminists@Law websitewith fabulous Table of Contents. Come on – you don’t really want to keep grading, do you?  Feminists@law’s all online format means that they can publish “multimedia” work, that is, talks and similar items – see the last section of the ToC.

Vol 4, No 1 2014.

 

Introduction: Gendering Labour Law  Judy Fudge, Emily Grabham

This special section of feminists@law is the outcome of a workshop, called ‘Gendering Labour Law’, held at Kent Law School on June 20 and 21, 2013. The workshop marked the first collaborative effort of participants in the nascent Gender Labour Law Research Network (GLLRN), which is being launched simultaneously with the publication of this collection. The GLLRN, the workshop and this special section emerge from a collaboration between Emily Grabham and Judy Fudge, supported by the Leverhulme Trust and Kent Law School, which is designed to cultivate feminist and critical labour law scholarship and research.

Preface  Ann Stewart

Legal Constructions of Body Work Ann Stewart

Abject Labours, Informal Markets: Revisiting the Law’s (Re)Producti

on Boundary

Prabha Kotiswaran

Research Note: Bingo and Feminist Political Economy Kate Bedford

Research Note: Rethinking Feminist Engagements with the State and Wage Labour Donatella Alessandrini

Unpaid Care, Paid Work and Austerity: A Research Note Nicole Busby

The Strange Temporalities of Work-Life Balance Law Emily Grabham

Gender and the Idea of Labour Law Joanne Conaghan

Labour, Value and Precarity in the Age of Austerity: Measuring Labour and Rethinking Value Lisa Adkins (audio)

BDS as a Feminist Issue

It Is Our Belief That Palestine is a Feminist Issue…

David Lloyd

Palestinian Feminist Critique and the Physics of Power: Feminists Between Thought and Practice

Nadera Shalhoub-Kevorkian

Bodies, Buses and Permits: Palestinians Navigating Care

Rana Sharif

Some Reflections on BDS and Feminist Political Solidarity

Brenna Bhandar

Comments

Feminism Then and Now   Camille Kumar, with an Introduction by Sarah Keenan

Multimedia

Black and White: History of Racial Identity in Italy

Gaia Giuliani

The Contribution of Feminism to Contemporary Public Debates About Law

Nicola Barker, Sinead Ring, Maria Drakopoulou, Rosemary Hunter

The Policing and Prosecution of Rape: What Do We Know and How Should Our Knowledge Shape Policy and Practice?

Betsy Stanko, with Louise Ellison, Martin Hewitt and Harriet Wistrich

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 

A few New Things

1

This seems neat – UK organization “Just Fair” (one of the people behind it is Nottingham Professor Aoife Nolan, aka @commentator01 on twitter) is putting “Austerity on Trial” tonight.  The “charge” is breaching international human rights standards. See here for more information. There are briefs for both sides – an interesting way of gathering attention and bringing people together.  The page has links to scholarship and backgrounders aimed at non scholars including children & young people.

Those who were at or followed last year’s LSA in Hawai’i will remember that there were linked panels on Austerity organized by some stellar UK feminists (see this post from IFLS, Care & Autonomy in the Age of Austerity with lots of links).

 

2University of Manitoba Law Prof Deb Parkes is putting on a really interesting international conference at Robson Hall (U Man Law) this month, Ending the Isolation: An International Conference on Human Rights and Solitary Confinement see here.  Here is Prof Parkes in Manitoba’s research magazine talking about her work.

 

3There is a new volume available of the William and Mary Journal of Women & the Law: 2012 Special Issue: Gender and Post-Conflict Transitional Justice on Hein online (sorry,not open access).  Here are a few of the articles:

Introduction: Making the Link between Transitional Justice and Conflict-Related Sexual Violence Wallstrom, Margot [former UN special rep on violence in conflict]
19 Wm. & Mary J. Women & L. 1 (2012) Pp: 1-6
http://heinonline.org/HOL/Page?collection=journals&handle=hein.journals/wmjwl19&div=5

Gender and the Charles Taylor Case at the Special Court for Sierra Leone
Oosterveld, Valerie
19 Wm. & Mary J. Women & L. 7 (2012) Pp: 7-34
http://heinonline.org/HOL/Page?collection=journals&handle=hein.journals/wmjwl19&div=6

2012 Special Issue: Gender and Post-Conflict Transitional Justice
Dealing with the Past in a Post-Conflict Society: Does the Participation of Women Matter – Insights from Northern Ireland
O’Rourke, Catherine
19 Wm. & Mary J. Women & L. 35 (2012) Pp: 35-68
http://heinonline.org/HOL/Page?collection=journals&handle=hein.journals/wmjwl19&div=7

2012 Special Issue: Gender and Post-Conflict Transitional Justice
Reparations for Conflict-Related Sexual and Reproductive Violence: A Decalogue
Rubio-Marin, Ruth
19 Wm. & Mary J. Women & L. 69 (2012) Pp: 69-104
http://heinonline.org/HOL/Page?collection=journals&handle=hein.journals/wmjwl19&div=8

 

 

 

Women, Gender and the Law eJournal: Subscribe on SSRN

This SSRN e-Journal distributes:

…working and accepted paper abstracts that relate to the relationship between women and the law, and gender and the law. The eJournal is interested in a wide range of topics with the focus of the eJournal being critical examinations of gender and the law. Interdisciplinary work is invited, as is research on legal education and the scholarship of law teaching as it relates to women and gender.

Believe it or not, this is another Kim Brooks production.  SSRN is such a useful service – it sends many gems my way.

Wondering what SSRN is?

Social Science Research Network (SSRN) is a world wide collaborative of over 183,000 authors and more than 1.3 million users that is devoted to the rapid worldwide dissemination of social science research. Founded in 1994, it is composed of a number of specialized research networks in each of the social sciences. Each of SSRN’s networks encourages the early distribution of research results by reviewing and distributing submitted abstracts and full text papers from scholars around the world. SSRN encourages readers to communicate directly with other subscribers and authors concerning their own and other’s research. Through our email abstract eJournals we currently reach over 400,000 people in approximately 140 different countries.  From the SSRN FAQ page, here.

I subscribe to a small number of the eJournals and Women, Gender & the Law is one.  Here are all the abstracts from this eJournal, and if you are signed up for SSRN (open to all) you can subscribe here.

 

I’ve just pasted in the latest 10 articles from this eJournal, so you can see how interesting this journal can  be!
Incl. Electronic Paper Two Mothers in Law and Fact
Robert Leckey
McGill University – Faculty of Law
Date Posted: April 07, 2012
Working Paper Series
1 downloads

Incl. Electronic Paper Mediating Multiculturally: Culture and the Ethical Mediator
MEDIATION ETHICS, Ellen Waldman, ed., San Francisco, CA: Jossey-Bass, 2011, UC Irvine School of Law Research Paper No. 2012-26
Carrie Menkel-Meadow
Georgetown University Law Center
Date Posted: April 05, 2012
Working Paper Series
3 downloads

Incl. Electronic Paper Undermining Congressional Overrides: The Hydra Problem in Statutory Interpretation
Texas Law Review, Vol. 90, 2012, Indiana Legal Studies Research Paper No. 202
Deborah A. Widiss
Indiana University Maurer School of Law
Date Posted: April 05, 2012
Accepted Paper Series
11 downloads

DOMA’s Bankruptcy
Tennessee Law Review, Vol. 79, pp. 1-28, 2011
Mark Strasser
Capital University – Law School
Date Posted: April 04, 2012
Accepted Paper Series

Incl. Electronic Paper Discriminative Provisions of Islamic Law of Inheritance Against Women
Sukanya Narain and Rameshwari R. Rao
National Law University Jodhpur and affiliation not provided to SSRN
Date Posted: April 03, 2012
Working Paper Series
1 downloads

Nonconsensual Insemination: Battery
Journal of Law and Social Deviance, Vol. 3, 2012
Carmen M. Cusack
affiliation not provided to SSRN
Date Posted: April 03, 2012
Accepted Paper Series

Incl. Electronic Paper The Women Violence in Pakistan: Evidence from Rural and Urban Areas
European Journal of Social Sciences, Vol. 16, No. 2, pp. 267-274, 2010
Arsalan Mujahid Ghouri and Naheed Abrar
affiliation not provided to SSRN and affiliation not provided to SSRN
Date Posted: April 03, 2012
Accepted Paper Series
1 downloads

Escaping Battered Credit: A Proposal for Repairing Credit Reports Damaged by Domestic Violence
University of Pennsylvania Law Review, Forthcoming
Angela K. Littwin
University of Texas School of Law
Date Posted: April 01, 2012
Accepted Paper Series

Incl. Electronic Paper Have Truth and Reconciliation Commissions Helped Remediate Human Rights Violations Against Women? A Feminist Analysis of the Past and Formula for the Future
Cardozo Journal of International and Comparative Law (JICL), Vol. 20, No. 1, p. 143, 2011, Florida International University Legal Studies Research Paper No. 12-05
Peggy Maisel
Florida International University College of Law
Date Posted: March 31, 2012
Accepted Paper Series
2 downloads

Incl. Electronic Paper Law, History, and Feminism
FEMINIST LEGAL HISTORY: ESSAYS ON WOMEN AND LAW, T. Thomas & T. Boisseau, eds., NYU Press, April 2011, U of Akron Legal Studies Research Paper No. 12-05
Tracy A. Thomas and Tracey Jean Boisseau
University of Akron School of Law and University of Akron
Date Posted: March 30, 2012
Accepted Paper Series
2 downloads