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"Few of the countless real-life stories of workplace discrimination suffered by men and women every day are ever told publicly. This book boldly and eloquently rights that wrong, going where no plaintiff testimony could ever dare because these stories are often too raw, honest, ambiguous, and nuanced to be told in court or reported in a newspaper."—from the Foreword Telling Stories Out of Court reaches readers on both an intellectual and an emotional level, helping them to think about, feel, and share the experiences of women who have faced sexism and discrimination at work. It focuses on how the federal courts interpreted Title VII of the Civil Rights Act of 1964. Offering insights that law texts alone cannot, the short stories collected here—all but two written for this volume—help readers concentrate on the emotional content of the experience with less emphasis on the particulars of the law. Grouped into thematic parts titled "In Their Proper Place," "Unfair Treatment," "Sexual Harassment," and "Hidden Obstacles," the narratives are combined with interpretive commentary and legal analysis that anchor the book by revealing the impact this revolutionary law had on women in the workplace. At the same time, the stories succeed on their own terms as compelling works of fiction, from "LaKeesha's Job Interview," in which a woman's ambition to move from welfare to work faces an ironic obstacle, to "Plato, Again," in which a woman undergoing treatment for cancer finds her career crumble under her, to "Vacation Days," which takes the reader inside the daily routine of a nanny who works at the whim of her employer.
Fictional short stories illustrating the experiences of women who have faced sexism and discrimination at work, grouped into thematic clusters with interpretive commentary and legal analysis.
Twenty-seven pioneering thinkers share their discovery of and commitment to feminism in this essential collection. In a series of autobiographical reflections, the contributors to True Confessions, including Gayatri Spivak, Sandra M. Gilbert, Hortense Spillers, and Martha Nussbaum, among others, tell us what experiences ground their activism and how they confronted the dilemmas they faced in the course of their training and careers. Why do a family's religious practices captivate or repel girls grappling with their parents' faith? What happens when a lesbian graduate student assumes she must be closeted, or when a female professor encounters hostility from other women on the faculty, or when a feminist professor is accused of sexually harassing her graduate students? Susan Gubar has selected the most influential thinkers in the humanities to elucidate the origins as well as the consequences of their commitment to feminism and its institutionalization in higher education. This is an indispensable book for anyone who cares about the place of feminism in today's landscape.
Previous edition, 1st, published in 1998.
The former Supreme Court justice shares stories about the history and evolution of the Supreme Court that traces the roles of key contributors while sharing the events behind important transformations.
This volume shows how university and college professors can create an engaging environment that encourages students to take a deep approach to learning through the use of popular culture stories in law school and in criminal justice classrooms. The use of popular culture (films, TV shows, books, songs, etc.) can enhance the deep learning process by helping students develop cognitive skills, competencies, and practices that are essential for the professional practice of law and criminal justice and which are often neglected in traditional law school and criminal justice curricula. The book covers such topics as: critical thinking skills in legal and criminal justice education the role of popular culture in educating for rapid cognition factors that foster intrinsic motivation using storytelling in law and criminal justice teaching with popular culture stories popular culture and media literacy in the classroom lawyers and criminal justice agents and their dealings with the press influence of popular culture stories in the legal and criminal justice fields regulations for the use of media texts in the legal and criminal justice fields how stereotyping is influenced by popular media how to prepare a promising syllabus or course outline This unique book is the result of the author’s many years of teaching as well as of many meaningful discussions in seminars and teaching and learning workshops that he facilitated. This very easy-to-read and entertaining volume will show readers how to enhance their classes by creating a motivating and engaging environment that will foster students’ deep learning experiences.
Current Legal Issues, like its sister volume Current Legal Problems (now available in journal format), is based upon an annual colloquium held at University College London. Each year leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. Law and Language, the fifteenth volume in the Current Legal Issues series, offers an insight into the scholarship examining the relationship between language and the law. The issues examined in this book range from problems of interpretation and beyond this to the difficulties of legal translation, and further to non-verbal expression in a chapter tracing the use of sign language at the Old Bailey; it examines the role of language and the law in a variety of literary works, including Hamlet; and considers the interrelation between language and the law in a variety of contexts, including criminal law, contract law, family law, human rights law, and EU law.
This innovative book looks at the topic of migration through the prism of law and literature. The author uses a rich mix of novels, short stories, literary realism, human rights and comparative literature to explore the experiences of African migrants and asylum seekers. The book is divided into two. Part one is conceptual and focuses on art activism and the myriad ways in which people have sought to 'write justice.' Using Mazrui's diasporas of slavery and colonialism, it then considers histories of migration across the centuries before honing in on the recent anti-migration policies of western states. Achiume is used to show how these histories of imposition and exploitation create a bond which bestows on Africans a “status as co-sovereigns of the First World through citizenship.” The many fictional examples of the schemes used to gain entry are set against the formal legal processes. Attention is paid to life post-arrival which for asylum seekers may include periods in detention. The impact of the increased hostility of receiving states is examined in light of their human rights obligations. Consideration is paid to how Africans navigate their post-migration lives which includes reconciling themselves to status fracture-taking on jobs for which they are over-qualified, while simultaneously dealing with the resentment borne of status threat on the part of the citizenry. Part two moves from the general to consider the intersections of gender and status focusing on women, LGBTI individuals and children. Focusing on their human rights and the fictional literature, chapter four looks at women who have been trafficked as well as domestic workers and hotel maids while chapter five is on LGBTI people whose legal and literary stories are only now being told. The final substantive chapter considers the experiences of children who may arrive as unaccompanied minors. Using a mixture of poetry and first person accounts, the chapter examines the post-arrival lives of children, some of whom may be citizens but who are continually made to feel like outsiders. The conclusion follows, starting with two stories about walls by Hadero and Lanchester which are used to illustrate the themes discussed in the book. Few African lawyers write about literature and few books and articles in Western law and literature look at books by or about Africans, so a book that engages with both is long overdue. This book provides fascinating reading for academics, students of law, literature, gender and migration studies, and indeed the general public.
Argues that lawsuits work far better than commonly understood Judging by the frequency with which it makes an appearance in television news shows and late night stand up routines, the frivolous lawsuit has become part and parcel of our national culture. A woman sues McDonald’s because she was scalded when she spilled her coffee. Thousands file lawsuits claiming they were injured by Agent Orange, silicone breast implants, or Bendectin although scientists report these substances do not cause the diseases in question. The United States, conventional wisdom has it, is a hyperlitigious society, propelled by avaricious lawyers, harebrained judges, and runaway juries. Lawsuits waste money and time and, moreover, many are simply groundless. Carl T. Bogus is not so sure. In Why Lawsuits Are Good for America, Bogus argues that common law works far better than commonly understood. Indeed, Bogus contends that while the system can and occasionally does produce “wrong” results, it is very difficult for it to make flatly irrational decisions. Blending history, theory, empirical data, and colorful case studies, Bogus explains why the common law, rather than being outdated, may be more necessary than ever. As Bogus sees it, the common law is an essential adjunct to governmental regulation—essential, in part, because it is not as easily manipulated by big business. Meanwhile, big business has launched an all out war on the common law. “Tort reform”—measures designed to make more difficult for individuals to sue corporations—one of the ten proposals in the Republican Contract With America, and George W. Bush’s first major initiative as Governor of Texas. And much of what we have come to believe about the system comes from a coordinated propaganda effort by big business and its allies. Bogus makes a compelling case for the necessity of safeguarding the system from current assaults. Why Lawsuits Are Good for America provides broad historical overviews of the development of American common law, torts, products liability, as well as fresh and provocative arguments about the role of the system of “disciplined democracy” in the twenty-first century.
Drawing on a data set of 696 documents – competition and state aid judgments, orders and opinions of the European Courts, and Advocates’ General opinions referring to various soft law instruments – this detailed textual and doctrinal analysis investigates the way in which the EU Courts deal with soft law, how the normative status of these instruments is acknowledged, and how their effects are recognized. It reveals that several ‘champion’ instruments feature frequently in the case law: the guidelines on fines and the leniency notice in competition law, the state aid instruments on aid to be granted to enterprises in difficulty, regional aid, de minimis aid, and aid to be granted to SMEs – all of them having in common the fact that they regulate highly litigated areas. The analysis treats issues such as the following: ; the pathway from judicial ignorance to judicial acknowledgement of soft law; ; the judicial creation of legal ‘hybrids’; the judicial review of soft law; the potential use of soft law as a ‘sword’ or as a ‘shield’ in a court of law; the distinction between legally binding force and legal effects; how soft law can produce legal effects through the operation of general principles of law such as legitimate expectations, legal certainty, or human rights; and how the Courts locate soft law on a strong constitutional pluralist background. Although the analysis might appear to relate to a fairly narrow spectrum of EU law, in fact the interaction of soft law and legal principles reaches into many diverse areas of law, and increasingly so in the twenty-first century. Consequently, this ground-breaking book will prove immeasurably valuable to any practitioner, academic, or policymaker interested in how the EU Court is fulfilling once again its constitutionalizing role, even in an area traditionally lacking formalism and conventions: that of soft instruments of governance.