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Litigating Women

Author: Teresa Phipps

Publisher: Routledge

Published: 2021-12-30

Total Pages: 300

ISBN-13: 100052888X

This edited collection, written by both established and new researchers, reveals the experiences of litigating women across premodern Europe and captures the current state of research in this ever-growing field. Individually, the chapters offer an insight into the motivations and strategies of women who engaged in legal action in a wide range of courts, from local rural and urban courts, to ecclesiastical courts and the highest jurisdictions of crown and parliament. Collectively, the focus on individual women litigants – rather than how women were defined by legal systems – highlights continuities in their experiences of justice, while also demonstrating the unique and intersecting factors that influenced each woman’s negotiation of the courts. Spanning a broad chronology and a wide range of contexts, these studies also offer a valuable insight into the practices and priorities of the many courts under discussion that goes beyond our focus on women litigants. Drawing on archival research from England, Scotland, Ireland, France, the Low Countries, Central and Eastern Europe, and Scandinavia, Litigating Women is the perfect resource for students and scholars interested in legal studies and gender in medieval and early modern Europe.

Women, Matrimonial Litigation and Alternative Dispute Resolution (ADR)

Author: Neelam Tyagi

Publisher: Springer Nature

Published: 2021-04-05

Total Pages: 331

ISBN-13: 9811610150

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This book examines the practice of Alternative Dispute Resolution (ADR) as it stands today in the context of matrimonial disputes and for providing gender justice for women undergoing matrimonial litigation. ADR is a fairly recent but increasingly prevalent phenomenon that has significantly evolved due to the failure of the adversarial process of litigation to provide timely resolution of disputes. The book explores the merit and demerit of traditional litigation process and emergence, socio-legal framework, work environment and success rate of various ADR processes in general and for resolving matrimonial disputes in particular. It comprehensively discusses the role of various institutions and attitudes and perceptions of ADR practitioners. It analyzes the influence of patriarchal cultural assumptions of appropriate feminine behaviour and its effect on ADR practitioners like mediators and counsellors that leads to the marginalization of aggrieved woman’s issues. With a brief analysis of the experience and challenges faced with the way the ADR process is conducted, the focus is on probing the vulnerability of aggrieved women. The book critiques the practice of ADR as it is today and offers constructive ways forward by providing suggestions, insights, and analysis that could bring about a transformation in the way justice is delivered to women. This in-depth study is an attempt to guide decision making by bringing forth and legitimizing the battered women’s voice which often goes unrepresented, in the debate about the efficacy of ADR mechanism in resolving matrimonial disputes. The book is of interest to those working for justice for women, particularly in the context of matrimonial disputes -- legal professionals, mediators, counsellors, judges, academicians, women rights activists, researchers in the field of gender and women studies, social work and law, ADR educators, policymakers and general readers who are inclined and interested in bringing a gender perspective to their area of work.

Litigating Across the Color Line

Author: Melissa Milewski

Publisher: Oxford University Press

Published: 2018

Total Pages: 361

ISBN-13: 0190249188

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In a largely previously untold story, from 1865 to 1950, black litigants throughout the South took on white southerners in civil suits. Drawing on almost a thousand cases, Milewski shows how African Americans negotiated the southern legal system and won suits against whites after the Civil War and before the Civil Rights struggle

Litigation on Behalf of Women

Author: Margaret A. Berger

Publisher:

Published: 1980

Total Pages: 80

ISBN-13:

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This report seeks to answer two questions: (1) What has been the impact of litigation, and especially Ford Foundation supported litigation, on the women's rights movement? (2) How effective is litigation as a tool in promoting equality for women? The analyses, conclusions, and recommendations are based on interviews with the Ford grantees and other experts on women's rights, and examination of judicial opinions, and legal and social science literature concerned with women's rights. The report begins by looking at the historical context in which the women's rights litigative effort evolved, and then analyzes the existing economic data to see if any objective changes have occurred. Key litigated issues are examined to separate hopes from realities, and to determine whether there has been a pattern to the victories and defeats, and whether there has been an overall net gain or loss. Finally, some conclusions are offered on the litigators' achievements and an assessment of whether or not there is cause for disenchantment. Recommendations are then offered as to how litigation should be structured in the future in order to take advantage of the lessons of the past. (Author/MLF)

Women Before the Bar

Author: Cornelia Hughes Dayton

Publisher: UNC Press Books

Published: 2012-12-01

Total Pages: 401

ISBN-13: 0807838241

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Women before the Bar is the first study to investigate changing patterns of women's participation in early American courts across a broad range of legal actions--including proceedings related to debt, divorce, illicit sex, rape, and slander. Weaving the stories of individual women together with systematic analysis of gendered litigation patterns, Cornelia Dayton argues that women's relation to the courtroom scene in early New England shifted from one of integration in the mid-seventeenth century to one of marginality by the eve of the Revolution. Using the court records of New Haven, which originally had the most Puritan-dominated legal regime of all the colonies, Dayton argues that Puritanism's insistence on godly behavior and communal modes of disputing initially created unusual opportunities for women's voices to be heard within the legal system. But women's presence in the courts declined significantly over time as Puritan beliefs lost their status as the organizing principles of society, as legal practice began to adhere more closely to English patriarchal models, as the economy became commercialized, and as middle-class families developed an ethic of privacy. By demonstrating that the early eighteenth century was a crucial locus of change in law, economy, and gender ideology, Dayton's findings argue for a reconceptualization of women's status in colonial New England and for a new periodization of women's history.

Litigating Health Rights

Author: Alicia Ely Yamin

Publisher: Harvard University Press

Published: 2015-04-01

Total Pages: 446

ISBN-13: 0986106208

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The last fifteen years have seen a tremendous growth in the number of health rights cases focusing on issues such as access to health services and essential medications. This volume examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It includes case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia, as well as chapters that address cross-cutting themes. The authors analyze what types of services and interventions have been the subject of successful litigation and what remedies have been ordered by courts. Different chapters address the systemic impact of health litigation efforts, taking into account who benefits both directly and indirectly—and what the overall impacts on health equity are.

Litigation

Author: Wilfrid R. Prest

Publisher: UNSW Press

Published: 2004

Total Pages: 228

ISBN-13: 9780868405506

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Litigation does not have a good press - in fact, it is usually viewed very negatively. Rates of litigation in Western countries are claimed to be spiralling beyond control, and this is said to indicate a fundamental crisis in contemporary Western societies. "Litigation: Past and Present" sheds some much-needed light on these views, by examining actual patterns of litigation, both historical and contemporary, and considering the many ways in which courts provide strategies for social change and social justice. Topics surveyed include the long-range recording of litigation rates, the social uses of legal action, the effectiveness of procedural reforms in reducing litigation, and the impact of legal proceedings and activism on Indigenous rights, and on marriage and family issues. Litigation and its impact are too often discussed in excessively rhetorical and pragmatic terms. This volume, with contributions from internationally recognised scholars, adds much needed empirical research and theoretical perspectives to the discussion.

Public Interest Litigation in Asia

Author: Po Jen Yap

Publisher: Routledge

Published: 2010-11

Total Pages: 173

ISBN-13: 1136907203

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This edited volume is a timely and insightful contribution to the growing discourses on public law in Asia. Surveying many important jurisdictions in Asia including mainland China, Hong Kong, India, Malaysia, Singapore, South Korea and Taiwan, the book addresses recent developments and experiences in the field of public interest litigation. The book offers a comparative perspective on public law, asking crucial questions about the role of the state and how private citizens around Asia have increasingly used the forms, procedures and substance of public law to advance public and political aims. In addition to addressing specific jurisdictions in Asia, the book includes a helpful and introduction that highlights regional trends in Asia. In the jurisdictions profiled, transnational public interest litigation trends have commingled with local dynamics. This volume sheds light on how that commingling has produced both legal developments that cut across Asian jurisdictions as well as developments that are unique to each of the jurisdictions studied.

Litigation as Lobbying

Author: Julianna S. Gonen

Publisher: Ohio State University Press

Published: 2003

Total Pages: 216

ISBN-13: 9780814209424

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This book is a case study that shows how interest groups use the litigation process to further their policy agendas. The case detailed here revolves around issues of reproductive health. It is a good illustration of the commonly held view among judicial scholars that the judicial process is essentially the same as the political process, that in both cases there is room for influence from a variety of sources.

Race Relations Litigation in an Age of Complexity

Author: Stephen L. Wasby

Publisher: University of Virginia Press

Published: 1995

Total Pages: 452

ISBN-13: 9780813915739

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The first book-length study of civil rights litigation from the late 1960s through the early 1980s, Race Relations Litigation in an Age of Complexity fills a void in the scholarly literature on American courts and poltics in the post Brown versus Board of Education era.