(EBOOK PDF)Gender and Justice Why Women in the Judiciary Really Matter 1st Edition by Sally Kenney 9781136332067 1136332065 full chapters

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• ISBN 10:1136332065 

• ISBN 13:9781136332067

• Author:Sally Kenney 

 Gender and Justice
Why Women in the Judiciary Really Matter
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 Justice argues empirically for both more women and more feminists on the bench, while demonstrating that achieving these two aims are independent projects.

Gender and Justice Why Women in the Judiciary Really Matter 1st Table of contents:

 1 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
2 Gender, Judging, and Difference1
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
3 Mobilizing Emotions: the Case of Rosalie Wahl and the Minnesota Supreme Court1
Women and State Supreme Courts: Policy Diffusion and Norms
The Symbolic Politics of Judicial Appointments
The Case of Rosalie Wahl
Wahl as Symbol
Conclusion
4 Strategic Partnerships and Women on the Federal Bench1
Feminists Engage the State
Carter Puts Gender on the Agenda
Feminist Policy Achievements
The Issue of Judicial Selection
Carter and Feminists
After Carter
5 Gender on the Agenda: Lessons from the United Kingdom1
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
6 A Case for Representation: the European Court of Justice1
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
7 Backlash Against Women Judges1
The Concept of Backlash
The Five Kinds of Backlash Against Women Judges
A Gendered Judicial Selection Process
Brazen Hostility toward Women Judges
Challenges to Objectivity
Punishing Women on the Bench
Reversals: Women Judges Replaced by Men
The Case of Rose Bird
The Rise of Chief Justice Rose Bird
The Reaction to Bird’s Appointment
Understanding Bird’s Downfall
The Role that Gender Played
Conclusion
8 Conclusion: Drawing on the History of Women’s Exclusion from Juries to Make the Case for a Gender-Diverse Judiciary1
Women’s Exclusion from Juries: a Woman’s Flavor?
The Case for a Gender-Diverse Bench78
Do Not Argue from Difference
Reversing the Burden of Proof
Exclusion Stigmatizes
Applying the Norm of Nondiscrimination
Gender Merits Representation
Women Are Not Deficient but Meritorious Candidates: Taking a Hard Look at Where Our Standards of Merit Come from and How Consistently We Apply Them
Representation, Merit, and Nondiscrimination
Gender is Not a Proxy for Feminist: We Need Both Represented on the Bench
Conclusion
Notes
Bibliography
Index

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