1.

Record Nr.

UNINA9910462453103321

Autore

Kenney Sally Jane

Titolo

Gender and justice : why women in the judiciary really matter / / Sally J. Kenney

Pubbl/distr/stampa

New York, N.Y. : , : Routledge, , 2013

ISBN

1-283-60693-3

9786613919380

1-136-33207-3

0-203-12229-1

Descrizione fisica

1 online resource (329 p.)

Collana

Perspectives on gender

Disciplina

347.73/14082

Soggetti

Women judges - United States

Sex discrimination in justice administration - United States

Electronic books.

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Description based upon print version of record.

Nota di bibliografia

Includes bibliographical references and index.

Nota di contenuto

Cover; Title; Copyright; CONTENTS; Foreword; Preface; Acknowledgments; 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 Book2 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; 3 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

Conclusion4 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; 5 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 Results6 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; 7 Backlash against Women Judges; The Concept of Backlash

The Five Kinds of Backlash against Women JudgesThe 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 Judiciary; Women's Exclusion from Juries: A Woman's Flavor?; The Case for a Gender-Diverse Bench; Conclusion; Notes; Bibliography; Index

Sommario/riassunto

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.