Gender and Justice Why Women in the Judiciary Really Matter

ISBN-10: 0415881447

ISBN-13: 9780415881449

Edition: 2013

Authors: Sally J. Kenney

List price: $32.99 Buy it from $32.72
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Description:

Intended for use in courses on law and society, as well as courses in women’s and gender studies, women and politics, and women and the law, this book explores different questions in different North American and European geographical jurisdictions and courts, demonstrating the value of a gender analysis of courts, judges, law, institutions, organizations, and, ultimately, politics. Gender and Judgingargues empirically for both more women and more feminists on the bench, while demonstrating that achieving these two aims are independent projects.
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Book details

List price: $32.99
Copyright year: 2013
Publisher: Taylor & Francis Group
Publication date: 7/13/2012
Binding: Paperback
Pages: 310
Size: 6.00" wide x 9.00" long x 0.75" tall
Weight: 0.990

Foreword
Preface
Acknowledgments
Introduction: Gender as a Social Process
What�s the Problem? Why So Few Women?
Once We Find Women We Fall into Looking for Difference
Women Judges Largely Reject Framing Themselves as Different
Feminist Theory's Detour into Difference
Women Judges Signify Both Business as Usual and Radical Transformation Simultaneously
The Dangers of Difference
Individuals Matter; Life Experiences Matter
Moving from Sex as a Variable that Uncovers Difference to Gender as a Social Process
A Woman Who Will Get to Decide Cases
From Describing Women to Gendering Concepts: The Plan of the Book
Gender, Judging, and Difference
Introduction
Has Gender Replaced Sex? Is It a Noun, an Adjective, or a Verb?
Using Sex as a Variable Can Uncover Discrimination
Using Sex as a Variable to Determine whether Women Judge Differently from Men
Studies of Other Effects of Women on the Bench
Conclusion
Mobilizing Emotions: The Case of Rosalie Wahl and the Minnesota Supreme Court
Women and state Supreme Courts: Policy Diffusion and Norms
The Symbolic Politics of Judicial Appointments
The Case of Rosalie Wahl
Wahl as Symbol
Conclusion
Strategic Partnerships and Women on the Federal Bench
Feminists Engage the State
Carter Puts Gender on the Agenda
Feminist Policy Achievements
The Issue of Judicial Selection
Carter and Feminists
After Carter
Gender on the Agenda: Lessons from the United Kingdom
Introduction
The Concept of Agenda-Setting
Was the Absence of Women a Problem?
Changes that Created a More Receptive Climate
The Lord Chancellor and Legal Profession Are Gatekeepers that Keep Out Women
Reform of the Judicial Selection Process
Litigation Helps Change the Discourse and Reframe the Issue
Conclusion: Reforming the Process, Disappointing Results
A Case for Representation: The European Court of Justice
A Gender Theory of a Representative Judiciary
History of Judicial Appointments to the European Court of Justice
The First Women Members
The European Parliament Champions the Appointment of Women
Developments Post-1995
Litigation Frames Women's Absence as Discrimination
Making Gender Representation an Explicit Requirement
Organizing and Mobilizing for Women
Representation and the Judiciary
Conclusion
Backlash against Women Judges
The Concept of Backlash
The Five Kinds of Backlash against Women Judges
The Case of Rose Bird
The Rise of Chief Justice Rose Bird
The Reaction to Birds Appointment
Understanding Bird's Downfall
The Role that Gender Played
Conclusion
Conclusion: Drawing on the History of Women's Exclusion from Juries to Make the Case for a Gender-Diverse Judiciary
Women's Exclusion from Juries: A Woman's Flavor?
The Case for a Gender-Diverse Bench
Conclusion
Notes
Bibliography
Index
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