Much recent scholarship is devoted to projecting Japan’s future and analyzing its prospects as a global power. After two decades of economic stagnation, alarming demographic trends, and the 3/11 triple disaster, some scholars argue that Japan is grappling with an era of precarity, marked with instability and anxiety. Prime Minister Shinzo Abe returned to office in 2012, promoting his economic reform policy, “Abenomics” and within the third “arrow" of this approach targeting structural reforms, he promoted “womenomics”, a term coined by Kathy Matsui of Goldman-Sachs. Prime Minister Abe’s objective is to create a society where "women can shine” and women can participate in the labor market more equitably. However, it is unclear if equality can be achieved when Japanese women still encounter persistent workplace sex discrimination. While labor laws, such as the Equal Employment Opportunity Law, have attempted to tackle workplace sex discrimination, many scholars and critics believe the laws have not done enough. One way Japanese women have attempted to combat workplace sex discrimination is with litigation. Starting in the 1960s, women have resorted to judicial relief to address discriminatory treatment in the workplace. However, while litigation is a powerful tool for social change in Japan, the literature suggests that Japanese women are reluctant to litigate, consistent with the larger consensus that Japan is a low-litigious society. If Japanese women have engaged in “litigation campaigns" and litigation rates are rising, yet Japanese women are reluctant to litigate, this creates an interesting paradox worth exploring. While these two conditions are not unique in and of themselves, what is curious in this nexus is how Japanese women actually relate to the law. This study analyzes how Japanese women relate to the law. Through semi-structured interviews with Japanese working women about their experiences, thoughts, and opinions, this study illustrates how Japanese women “do" law and deepens our understanding of their relationship with the law. In addition to this, this study proposes a new model for measuring litigiousness. Rather than measuring litigiousness in terms of aggregate litigation rates, this study operationalizes litigiousness in terms of personal intent. By applying this model to qualitative data, this study demonstrates that Japanese women actually do demonstrate a moderate degree of litigiousness as it relates to workplace sex discrimination. That is, the nail that sticks up isn't always hammered down.

Abstract not available

This paper examines whether Justice Ruth Bader Ginsburg demonstrates any evidence of a "feminine voice" in her opinions. There has been much jurisprudential literature written recently regrading the possible existence of a "feminine voice." This paper surveyes the literature and defines what is meant by a "feminine voice." The paper proceeds to analyze some of Justice Ginsburg's opinions to determine if a "feminine voice" is present. This study focuses on four areas of law the literature suggests evidence of a "feminine voice" might be found: cases involving gender, race, the Establishment Clause, and physician-assisted suicide. With the exception of cases concerning race, no evidence of a "feminine voice" was found. In race cases, there is evidence to suggest that Justice Ginsburg arrives at her decision in a way that is different from her male colleagues. The lack of evidence of a "feminine voice" in the other areas does not mean that no such voice exists; rather, it is just not present in all of the decisions written by Justice Ginsburg. The paper concludes that, at least in cases involving race, Justice Ginsburg does reason in a "feminine voice." While this is a narrow finding, the fact that there is evidence of a "feminine voice," at least in some cases, suggests that gender does play a role in judicial decision-making at the United States Supreme Court level. / Department of Political Science

Thesis (LL.M.) -- University of Adelaide, Dept. of Law, 1999. / Includes bibliographical references (leaves 220-229).

This thesis focuses on gender-based discrimination in the application of French legislation. Discrimination is a major principle of Human Rights. Women and gender minorities, although they are subjected to discrimination, are protected by international treaties and conventions against it. With a Qualitative Content Analysis, this thesis will study different court cases in order to see, through the lens of the Feminist Jurisprudence Theory, the situation of gender-based discrimination in the application of French legislation. The conclusion of this thesis is that, while there is gender-based discrimination in the application of legislation, it comes mostly from how the experience of the individuals is considered by the courts. The higher and lower courts have also different outcomes in some of the cases, due to the role and focus they have. The main discrimination that can be found is indirect discrimination.

Includes bibliographical references (leaves 220-229) Considers to what extent feminist theoretical and critical perspectives have been incorporated into law. A law course or law textbook that uncritically presents legal doctrines, or representations of men's and women's social roles, risks adopting and perpetuating the unstated point-of-view of a particular cultural group in society. Argues for a legal education that has an open self-consciousness of the culturally specific and inevitably partial point-of-view of the law and, consequently, a conscious recognition of the unavoidable point-of-view of legal education.

Despite growing awareness of the severity of domestic violence, the lives of battered women are too often misconstrued by the Canadian public and the judicial system. The author argues that stereotypes of victimized battered women emanating from the courts and feminist theory may both prevent women who kill their partner from making valid claims of self-defence and generally undermine women's fight against oppression. The author reviews the doctrine of the battered woman syndrome and its application in the context of self-defence to illustrate how the courts' treatment of the doctrine conveys a narrow and incomplete depiction of battered women. An alternative theoretical framework based on battered women's partial agency is proposed as a means to address feminist theory's simplified representation of battered women. Various law and policy reform initiatives in the criminal justice system are explored to assess how the law may validate and promote battered women's partial agency.

Thesis (M.A.)--Carleton University, 2004. / Includes bibliographical references (p. 133-142). Also available in electronic format on the Internet.

No description available.

This thesis analyzes the right to reconcile work and family responsibilities which is recognized as crucial in women&amp / #8223 / s participation in the labor market. When women can not fully enjoy their right to work due to the burden of unequal gender division of labor, they become more vulnerable to poverty and male violence which impede them from developing their basic human capabilities. States should acknowledge that this is a human rights problem which is deriving from women&amp / #8223 / s overburden as primary caregivers. In order to overcome this problem and transform the patriarchal structure of the market and the family / state intervention in the private sphere is required. Two alternative reconciliation models are examined. The first is the equality driven model that encompasses parental leave and childcare facilities, which necessitate positive intervention of the state and more likely to trigger structural change. The other is the flexibility or market driven model which is based on part-time work and homeworking strategies. They target women&amp / #8223 / s participation in the labor market without necessarily leading to any change in the gender divisionof labor. The effectiveness of these strategies is analyzed within a feminist jurisprudence method. While the focus is on the international framework, including the EU Member States, the specific case of Turkey is also considered. Given Turkey&amp / #8223 / s socio-economic particularities, childcare largely depends on kinship relations and social policies regulating women&amp / #8223 / s labor market participation are market driven. The data shows that women in Turkey do not equally enjoy their economic and social rights. Therefore, by examining the international framework for right to reconcile work and family responsibilities, it is hoped that a case can be made to call on Turkey to abide by its international obligations to grant this right.