2009 – 2000 Publications

Listed below are books written by our Center members, separated by publication year and alphabetically by author name. 

The Gender of Constitutional Jurisprudence, 2004

Authors: Beverley Baines, Ruth Rubio-Marin

Publisher: Cambridge University Press

Language: 2004

About: Describing the constitutional rights of women in twelve countries, the contributors to this collection draw on a wide range of legal cases covering issues such as abortion, sexual harassment, employment discrimination, sexual abuse, pornography, family relationships, access to health and social assistance benefits, and electoral rights, among others. Their analysis reveals how essentially male judges decide cases that are mainly about women’s equality claims. The volume’s comparative perspective provides readers with the basis for independent pursuits of constitutional equality for women

Racism and Equality in the European Union, 2009

Authors: Mark Bell

Publisher: Oxford University Press

Language: English

About: The European Union has committed itself to combating racism as a general objective of law and policy. EU legislation requires Member States to introduce laws prohibiting racial discrimination in many aspects of everyday life, including employment, education, healthcare, and housing. Alongside legislation requiring action at national level, the EU institutions have also made periodic commitments to ‘mainstream’ racial equality: taking anti-racism objectives into account within all areas of EU law and policy.

This book analyzes the extent to which the objectives of combating racism and promoting ethnic equality have been effectively mainstreamed throughout a wide range of EU policy fields. It begins by considering what combating racism means in the contemporary context of the enlarged EU. Bell explores what mainstreaming ethnic equality objectives entails, and whether the priorities and instruments differ from those adopted in the earlier mainstreaming of gender equality, or those used on other discrimination grounds. The second part of the book examines the extent to which EU law and policy objectives have, in practice, been integrated, exploring the effects in the key areas of employment, social inclusion (including education, health and housing), immigration, and criminal law.

Anti-Discrimination Law and the European Union, 2002

Authors: Mark Bell

Publisher: Oxford University Press

Language: English

About: The 1999 Treaty of Amsterdam expanded significantly the legal competence of the European Union for combatting discrimination. Traditionally, EU law has concentrated on discrimination between women and men and discrimination on the grounds of EU nationality. However, Article 13 EC created a new legal space for the Union to regulate discrimination on the ground of racial or ethnic origin, religion or belief, disability, age, or sexual orientation. This book aims to improve our understanding of the evolution of European Union law in the field. To this end, it considers the development of EU law and policy in respect of two specific grounds of discrimination — race and sexual orientation. It provides an account of the debate within the institutions and Member States, analysis of relevant case law from the Court of Justice, and coverage of the anti-discrimination directives adopted in 2001. The book further considers the relationship between national and European anti-discrimination law. A survey of national anti-discrimination statutes is presented in order to identify the variety of legal traditions that exist in this field. The diversity of these legal cultures impacts significantly upon the scope for and nature of EU anti-discrimination legislation. The author concludes by reviewing the principle factors that have influenced the evolution of EU anti-discrimination law and applying this to an analysis of the prospects for future development

Migrations and Mobilities: Citizenship, Borders, and Gender, 2009

Authors: Seyla Benhabib, Judith Resnik

Publisher: NYU Press

Language: English

About: In an increasingly globalized world, the movement of peoples across national borders is posing unprecedented challenges, for the people involved as well as for the places to which they travel and their countries of origin. Citizenship is now a topic in focus around the world but much of that discussion takes place without sufficient attention to the women, men, and children, in and out of families, whose statuses and treatments depend upon how countries view their arrival. As essays in this volume detail, both the practices and theories of citizenship need to be reappraised in light of the array of persons and of twentieth-century commitments to their dignity and equality.

Migrations and Mobilities uniquely situates gender in the context of ongoing, urgent conversations about globalization, citizenship, and the meaning of borders. Following an introductory essay by editors Seyla Benhabib and Judith Resnik that addresses the parameters and implications of gendered migration, the interdisciplinary contributors consider a wide range of issues, from workers’ rights to children’s rights, from theories of the nation-state and federalism to obligations under transnational human rights conventions. Together, the essays in this path-breaking collection force us to consider the pivotal role that gender should play in reconceiving the nature of citizenship in the contemporary, transnational world.

Contributors: Selya Benhabib, Jacqueline Bhabha, Linda Bosniak, Catherine Dauvergne, Talia Inlender, Vicki C. Jackson, David Jacobson, Linda K. Kerber, Audrey Macklin, Angela Means, Valentine M. Moghadam, Patrizia Nanz, Aihwa Ong, Cynthia Patterson, Judith Resnik, and Sarah K. van Walsum.

Social Rights in Europe, 2005

Authors: Gráinne de Búrca, Bruno de Witte, Larissa Ogertschnig

Publisher: Oxford University Press

Language: English

About: The book is concerned with the legal framework for protecting and promoting social rights in Europe. Its chapters examine procedural and substantive aspects of the Council of Europe’s European Social Charter and the European Union’s Charter of Fundamental Rights, as well as the EU’s so-called “acquis” in the area of social rights. They look at a range of issues, including the strengths and weaknesses of the two systems in terms of promoting and protecting social rights by examining the legal and political enforcement mechanisms as well as at some of the important substantive rights contained within each

La non discriminazione nell'Unione europea, 2008

Authors: Chiara Favilli

Publisher: Il Mulino

Language:  Italian

About: L’inserimento dell’art. 13 nel Trattato sulla Comunità europea, ad opera del Trattato di Amsterdam del 1999, ha sancito l’inizio dì una nuova fase della lotta alla discriminazione. Ai divieti di discriminazione per motivi di nazionalità e di sesso, che costituiscono un aspetto essenziale del diritto comunitario sin dalle sue origini, si sono aggiunti nuovi strumenti giuridici volti a contrastare la discriminazione per motivi di razza ed origine etnica, religione e convinzioni personali, età, disabilità ed orientamento sessuale. Tali strumenti contribuiscono ad arricchire il contenuto del principio generale di non discriminazione la cui sostanziale omogeneità si deve però confrontare con la differente tutela assicurata dalle normative comunitarie ai singoli motivi di discriminazione, già diversamente tutelati negli ordinamenti giuridici degli Stati membri. Il libro, ripercorrendo l’evoluzione dei divieti contro la discriminazione sanciti nel Trattato istitutivo, analizza le caratteristiche del giudizio sulla discriminazione applicato dalla Corte di giustizia e codificato dal legislatore comunitario nelle direttive di ultima generazione, valutando infine l’influenza che i nuovi divieti esercitano sul principio generale di non discriminazione.

Réttarstaða fatlaðra, 2005

Authors: Brynhildur Flóventz

Publisher: Háskólaútgáfan.

Language: Icelandic

About: Í bókinni er fjallað um einstök réttindi svo sem réttinn til menntunar, heilbrigðisþjónustu, barneigna, framfærslu o.s.frv. Unnið er hér út frá þeirri hugmyndafræði að réttindi fatlaðra séu fyrst og fremst mannréttindi og er því m.a. sérstakur kafli um þau. Fjallað er um inntak réttarreglnanna og reynt að varpa ljósi á hvernig þeim er fylgt eftir í framkvæmd. Allítarlega er fjallað um réttaröryggi fatlaðra. Þá er gerð grein fyrir stefnu stjórnvalda í málefnum fatlaðra og hvernig hún birtist í framkvæmd. Bókin er m.a. ætluð fagfólki jafnt sem fötluðum og aðstandendum þeirra.

Discrimination Law, 2002

Authors: Sandra Fredman

Publisher: Oxford University Press

Language: English

About: Fredman provides a thought-provoking introduction to discrimination law. Drawing on a wide variety of philosophical and legal sources, the concepts of equality and anti-discrimination law are introduced and discussed in their social and historical contexts.

Precarious Work, Women and the New Economy: The Challenge to Legal Norms, 2006

Authors: Judy Fudge, Rosemary Owens

Publisher: Hart Publishing

Language: English

About: Along with globalization, the shift from manufacturing to services as a source of employment, and the spread of information-based systems and technologies have given birth to a new economy which emphasizes flexibility in the labor market and in employment relations. These changes have led to the erosion of the standard (industrial) employment relationship and an increase in precarious work-work which is poorly paid and insecure. Women perform a disproportionate amount of precarious work. This collection of original essays by leading scholars on labor law and women’s work explores the relationship between precarious work and gender, and evaluates the extent to which the growth and spread of precarious work challenges traditional norms of labor law and conventional forms of legal regulation. The book provides a comparative perspective by furnishing case studies from Australia, Canada, the Netherlands, Quebec, Sweden, the UK, and the US, as well as the international and supranational context through essays that focus on the IMF, the ILO, and the EU. Common themes and concepts thread throughout the essays, which grapple with the legal and public policy challenges posed by women’s precarious work.

Introduction to the Promotion of Equality and Prevention of Unfair Discrimination Act Act 4 of 2000, 2001

Authors: Albertyn, C, Goldblatt, BA & Roederer, C

Publisher: Witwatersrand University Press

Language: English

About: N/A

Diversité et discriminations raciales : une perspective transatlantique, 2009

Authors: Frédéric Guiomard, Sophie Robin-Olivier

Publisher: Dalloz

Language: French

About: La question de la diversité raciale est au coeur de l’actualité : les controverses au sujet de la représentation des «’minorités visibles’» dans les médias et, surtout, les très vifs débats que suscite, en France, la collecte des données raciales ou ethniques en attestent. Cette nouvelle approche des questions de discrimination, marquée par la référence à la diversité, soulève d’importantes questions. Conduit-elle à approfondir la lutte contre les discriminations raciales, à l’orienter vers de nouvelles directions ou plutôt à en brouiller la grammaire ? Face à la multiplicité des interrogations et aux fortes réticences à toute évolution de la lutte contre les discriminations qui passerait par l’utilisation de statistiques «’ethnoraciales’», les expériences et réflexions engagées en Europe ou en Amérique méritaient d’être considérées. Issu des actes d’un colloque international organisé à l’Université Paris-Ouest Nanterre la Défense, cet ouvrage expose les expériences de juristes des deux rives de l’Atlantique et permet, par comparaison, d’apprécier l’intérêt et les limites de cette nouvelle approche de la lutte contre les discriminations raciales.

Women's Lives, Men's Laws. 2005

Authors: Catharine A. MacKinnon

Publisher: Harvard University Press

Language: English

About: In the past twenty-five years, no one has been more instrumental than Catharine MacKinnon in making equal rights real for women. As Peter Jennings once put it, more than anyone else in legal studies, she “has made it easier for other women to seek justice.” This collection, the first since MacKinnon’s celebrated Feminism Unmodified appeared in 1987, brings together previously uncollected and unpublished work in the national arena from 1980 to the present, defining her clear, coherent, consistent approach to reframing the law of men on the basis of the lives of women.

By making visible the deep gender bias of existing law, MacKinnon has recast legal debate and action on issues of sex discrimination, sexual abuse, prostitution, pornography, and racism. The essays in this volume document and illuminate some of the momentous and ongoing changes to which this work contributes; the recognition of sexual harassment, rape, and battering as claims for sexual discrimination; the redefinition of rape in terms of women’s actual experience of sexual violation; and the reframing of the pornography debate around harm rather than morality. The perspectives in these essays have played an essential part in changing American law and remain fundamental to the project of building a sex-equal future.”

Directions in Sexual Harassment Law, 2004

Authors: Catharine A. MacKinnon, Reva B. Siegel

Publisher: Yale University Press

Language: English

About: When it was published twenty-five years ago, Catharine MacKinnon’s pathbreaking work Sexual Harassment of Working Women had a major impact on the development of sexual harassment law. The U.S. Supreme Court accepted her theory of sexual harassment in 1986. Here MacKinnon collaborates with eminent authorities to appraise what has been accomplished in the field and what still needs to be done.

An introductory essay by Reva Siegel considers how sexual harassment came to be regulated as sex discrimination. Contributors discuss how law can best address sexual harassment; the importance and definition of consent and unwelcomeness; issues of same-sex harassment; questions of institutional responsibility for sexual harassment in both employment and education settings; considerations of freedom of speech; effects of sexual harassment doctrine on gender and racial justice; and transnational approaches to the problem. An afterword by MacKinnon assesses the changes wrought by sexual harassment law in the past quarter century.

Women in Academia & Equality Law. Aiming High - Falling Short? (Bulletin of Comparative Labour Relations Series Set), 2006

Authors: Ann Numhauser-Henning

Publisher: Kluwer Law International

Language: English

About: Although European policy initiatives to advance the position of women in Academia (and especially in science) have proliferated, both at national and EU levels, serious inequities of many kinds remain. This situation is exposed and investigated in this outstanding book, which presents reports and discussions from a two-day conference held at the Law Faculty of Lund University in December 2004. The participants – law professors and social scientists – present detailed reports on domestic experiences and regulations in eight European countries: Denmark, France, Germany, Hungary, Italy, the Netherlands, Sweden, and the United Kingdom.

Among the many provocative issues raised and explored are the following:

• “positive action” in theory and practice

• the progress of the EU Commission’s strategy to integrate equal opportunity into all Community policies and activities

• the motives for promoting women in Academia

• the importance not only of setting targets but of funding to achieve them

• the extensive group of part-timers and fixed-term employees at the margin of the traditional academic career

• the importance of creating a situation in Academia where “woman excellence” shows

• the development of “marketable” research disciplines embodied in private research institutes

With its penetrating analysis of its subject– women in Academia in Europe– and its many keen insights into the possibilities within Community equality law to move forward quickly and effectively toward equity in academic positions for women and men, Women in Academia and Equality Law will be read avidly and put to use by committed lawyers, academics, and policymakers throughout the EU countries.

Equality and Transparency: A Strategic Perspective on Affirmative Action in American Law, 2007

Authors: D. Sabbagh

Publisher: Palgrave Macmillan

Language: English

About: Can affirmative action policies be convincingly justified? And how have they been legitimized over time? In a pluridisciplinary perspective at the intersection of political theory and the sociology of law, Daniel Sabbagh criticizes the two prevailing justifications put forward in favor of affirmative action: the corrective justice argument and the diversity argument. He defends the policy instead as an instrument designed to bring about the deracialization of American society. In this respect, however, affirmative action requires a measure of dissimulation in order to succeed.Equality and Transparency explains why this is so and provides a new interpretation of the strategic component in the Supreme Court’s case law while identifying some of its most remarkable side effects.

Justice, Gender, and the Politics of Multiculturalism, 2007

Authors: Sarah Song

Publisher: Cambridge University Press

Language: English

About: Justice, Gender and the Politics of Multiculturalism explores the tensions that arise when culturally diverse democratic states pursue both justice for religious and cultural minorities and justice for women. Sarah Song provides a distinctive argument about the circumstances under which egalitarian justice requires special accommodations for cultural minorities while emphasizing the value of gender equality as an important limit on cultural accommodation. Drawing on detailed case studies of gendered cultural conflicts, including conflicts over the ‘cultural defense’ in criminal law, aboriginal membership rules and polygamy, Song offers a fresh perspective on multicultural politics by examining the role of intercultural interactions in shaping such conflicts. In particular, she demonstrates the different ways that majority institutions have reinforced gender inequality in minority communities and, in light of this, argues in favour of resolving gendered cultural dilemmas through intercultural democratic dialogue.

Cases, Materials and Text on National, Supranational and International Non-Discrimination Law, 2007

Authors: Dagmar Schiek, Lisa Waddington, Mark Bell

Publisher: Hart publishings

Language: English

About: This casebook, the result of the collaborative efforts of a panel of experts from various EU Member States, is the latest in the Ius Commune Casebook series developed at the Universities of Maastricht and Leuven. The book provides a comprehensive and skilfully designed resource for students, practitioners, researchers, public officials, NGOs, consumer organisations and the judiciary. In common with earlier books in the series, this casebook presents cases and other materials (legislative materials, international and European materials, excerpts from books or articles). As non-discrimination law is a comparatively new subject, the chapters search for and develop the concepts of discrimination law on the basis of a wide variety of young and often still emerging case law and legislation. The result is a comprehensive textbook with materials from a wide variety of EU Member States. The book is entirely in English (i.e. materials are translated where not available in English). At the end of each chapter a comparative overview ties the material together, with emphasis, where appropriate, on existing or emerging general principles in the legal systems within Europe.
The book illustrates the distinct relationship between international, European and national legislation in the field of non-discrimination law. It covers the grounds of discrimination addressed in the Racial Equality and Employment Equality Directives, as well as non-discrimination law relating to gender. In so doing, it covers the law of a large number of EU Member States, alongside some international comparisons.
The Ius Commune Casebook on Non-Discrimination Law
– provides practitioners with ready access to primary and secondary legal material needed to assist them in crafting test case strategies.
– provides the judiciary with the tools needed to respond sensitively to such cases.
– provides material for teaching non-discrimination law to law and other students.
– provides a basis for ongoing research on non-discrimination law.
– provides an up-to-date overview of the implementation of the Directives and of the state of the law.
This Casebook is the result of a project which has been supported by a grant from the European Commission’s Anti-Discrimination Programme.”

The New Politics of Gender Equality, 2007

Authors:  Judith Squires

Publisher:  Palgrave

Language: English

About: During the past decade governments around the globe have introduced institutional mechanisms to promote the advancement of women, including measures to increase women’s political participation rates and to incorporate women’s interests into policy-making. Why have they done so? How successful have these initiatives been? What are the emerging agendas facing gender equality advocates now?

In the New Politics of Gender Equality Judith Squires examines the origins, evolution and key features of three strategies that have been employed across the world in pursuit of gender equality – quotas, policy agencies and gender mainstreaming. The author critically examines each strategy to see how far they transform political institutions and agendas and to what extent they lead rather to the assimilation of women in male-defined structures. Squires argues that a multi-pronged approach, drawing on democratic rather than technocratic strategies, offers the best potential for advancing gender equality. She highlights too the limitations of approaches that ignore inequalities among women and the challenges of developing equality initiatives to address multiple and cross-cutting inequalities between groups.

Judith Squires is Professor of Political Theory, University of Bristol. She has written, researched and published widely in the field of gender politics and gender equality

Covering: The Hidden Assault on Our Civil Rights, 2007

Authors:  Kenji Yoshino

Publisher:  Random House Trade Paperbacks

Language: English

About: A lyrical memoir that identifies the pressure to conform as a hidden threat to our civil rights, drawing on the author’s life as a gay Asian American man and his career as an acclaimed legal scholar.

“[Kenji] Yoshino offers his personal search for authenticity as an encouragement for everyone to think deeply about the ways in which all of us have covered our true selves. . . . We really do feel newly inspired.”—The New York Times Book Review

Everyone covers. To cover is to downplay a disfavored trait so as to blend into the mainstream. Because all of us possess stigmatized attributes, we all encounter pressure to cover in our daily lives. Racial minorities are pressed to “act white” by changing their names, languages, or cultural practices. Women are told to “play like men” at work. Gays are asked not to engage in public displays of same-sex affection. The devout are instructed to minimize expressions of faith, and individuals with disabilities are urged to conceal the paraphernalia that permit them to function. Given its pervasiveness, we may experience this pressure to be a simple fact of social life.

Against conventional understanding, Kenji Yoshino argues that the work of American civil rights law will not be complete until it attends to the harms of coerced conformity. Though we have come to some consensus against penalizing people for differences based on race, sex, sexual orientation, religion, and disability, we still routinely deny equal treatment to people who refuse to downplay differences along these lines.

At the same time, Yoshino is responsive to the American exasperation with identity politics, which often seems like an endless parade of groups asking for state and social solicitude. He observes that the ubiquity of covering provides an opportunity to lift civil rights into a higher, more universal register. Since we all experience the covering demand, we can all make common cause around a new civil rights paradigm based on our desire for authenticity—a desire that brings us together rather than driving us apart.