Engaging ideas, transforming minds
Engaging ideas, transforming minds

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256 pages
6.75 x 9.75 inches
May 2005
Print ISBN: 9781894549455


The contributions to this collection are written by legal advocates, community activists and legal scholars. While the Introduction and Commentary provide a theoretical overview, the ten essays examine theories of intersectionality to demonstrate how race, class, sexual orientation, gender and identity have been integrated into legal scholarship and activism in an attempt to shape legal policy and practice.

Section 1, "Theory in Action," addresses anti-racism in community legal practice, the legal construction of women's sexuality as deviant, the protection of sexual orientation under human rights legislation, and the gender and racial characteristics of the judiciary. Section 2, "Organizations in Action," looks at women's place in the legal profession, international women's rights, and disrupting discriminatory practices in the workplace. Section 3, "Law in Action," discusses the rights of Native women, racial bias in legal judgements, and the recognition and protection of same-sex spousal rights.

Feminism, Law, Inclusion is an important contribution to the ongoing development of this critical discourse.

Table of Contents


Surveying the Landscape: An Introduction to Feminism, Law, Inclusion - Rachel L. Osborne & Charles C. Smith

Commentary: Gender, Race, Class and Sexual Orientation: Theorizing the Intersections - Rebecca Johnson


Chapter 1: Equity for Communities: Integrating Legal Counsel and Critical Race Theory - Erica Lawson & Amanda Hotrum

Chapter 2: In Absentia: Women and the Sexual as a Social Construct in Law - Gayle MacDonald

Chapter 3: The Fiction of Judicial Impartiality - Maryka Omatsu

Chapter 4: Preserving Heteronormativity: Trinity Western University v. British Columbia College of Teachers - Lori G. Beaman


Chapter 5: Locating Landmarks: Producing an Educational Video on Women and the Law - Jan Kainer

Chapter 6: International Women's Rights and Evidence-Based Advocacy - Marilou McPhedran

Chapter 7: An Attempt to Save Employment Equity: Community Advocacy versus the Ontario Government - Daina Green


Chapter 8: Gender Discrimination under the Indian Act: Bill C-31 and First Nations Women - Beverley Jacobs

Chapter 9: R.D.S. v. Her Majesty the Queen: A Case About Home - Sherene Razack

Chapter 10: M. v. H.: The Case for Gay and Lesbian Equality in Marriage and Family Law - Martha McCarthy & Joanna Radbord



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