Introduction 1. Woman's Place in Man's Life Cycle 2. Images of Relationship 3. Concepts of Self and Morality 4. Crisis and Transition 5. Women's Rights and Women's Judgment 6. Visions of Maturity References Index of Study Participants General Index

In a Different Voice. Psychological Theory and Women’s Development. Cambridge, MA (Harvard University Press) 1982.

Some of the most neglected, misunderstood, and unseen individuals in our society are the more than one million women in our jails, prisons, and community correctional facilities. Although the rate of incarceration for women has increased dramatically (tripling in the last decade), prisons have not kept pace with the growth in the number of women inmates, nor has the criminal justice system adapted to meet women’s needs, which are often quite different from those of men. This is particularly true in the areas of physical and mental health services. The health care needs of women have been virtually ignored by corrections and government officials, the medical and public health communities, and society at large (Freudenberg, 2002). This theme issue on women and girls in correctional settings begins to address this neglect by highlighting many of the important concerns and contributing to the growing knowledge base on the development of genderresponsive services (Covington & Bloom, 2006). When planning, developing, and providing services, it is important to know who the client is and what she brings to the treatment setting. The following describes the demographics and history of the typical female offender population and how various life factors impact women’s and girls’ physical and mental health. A national profile of women offenders reveals that they typically:

Women and the criminal justice system

The new politics of gender equality

Investment treaties are some of the most controversial but least understood instruments of global economic governance. Public interest in international investment arbitration is growing and some developed and developing countries are beginning to revisit their investment treaty policies. The Political Economy of the Investment Treaty Regime synthesises and advances the growing literature on this subject by integrating legal, economic, and political perspectives. Based on an analysis of the substantive and procedural rights conferred by investment treaties, it asks four basic questions. What are the costs and benefits of investment treaties for investors, states, and other stakeholders? Why did developed and developing countries sign the treaties? Why should private arbitrators be allowed to review public regulations passed by states? And what is the relationship between the investment treaty regime and the broader regime complex that governs international investment? Through a concise, but comprehensive, analysis, this book fills in some of the many "blind spots" of academics from different disciplines, and is the first port of call for lawyers, investors, policy-makers, and stakeholders trying to make sense of these critical instruments governing investor-state relations.

The Political Economy of the Investment Treaty Regime

Case law develops gradually through the rulings of appellate judges who have heterogeneous preferences but are partially bound by stare decisis. We show that its evolution converges toward more efficient and predictable legal rules. Since statutes do not share this evolutionary property, case law is the best system when the efficient rule is time invariant, even if the legislature is more democratically representative than individual judges are. In the presence of social change, the ideal legal system includes both legislation and judicial decisions as complementary sources of law. Our model thus explains the modern history of common law and the observed cross‐country correlation between legal origins and economic outcomes. It also predicts the gradual convergence of civil law and common law toward a mixed system.

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Case Law versus Statute Law: An Evolutionary Comparison

Foreword Preface Introduction KATE MALLESON PART ONE: APPOINTING JUDGES IN ESTABLISHED DEMOCRACIES * The Scottish Judicial Appointments Board: New Wine in Old Bottles? ALAN PATERSON * The New Judicial Appointments Commission in England and Wales: New Wine in New Bottles? KATE MALLESON * Judicial Appointments in Post-Charter Canada: A System in Transition F.L. MORTON * Legal Controversies over Federal Judicial Selection in the United States: Breaking the Cycle of Obstruction and Retribution over Judicial Appointments MICHAEL C. TOLLEY * Judicial Appointments in New Zealand: If it were done when 'tis done, then 'twere well it were done openly and directly JAMES ALLAN * 'The judicial whisper goes around': Appointment of Judicial Officers in Australia ELIZABETH HANDSLEY * Merit Selection and Diversity in the Dutch Judiciary LENY E. DE GROOT-VAN LEEUWEN * Judicial Selection in Italy: A Civil Service Model with Partisan Results MARY L. VOLCANSEK * The Selection of Judges in France: Searching for a New Legitimacy DORIS MARIE PROVINE and ANTOINE GARAPON * The Selection Process of Constitutional Court Judges in Germany CHRISTINE LANDFRIED PART TWO: APPOINTING THE JUDGES OF INTERNATIONAL COURTS * Judicial Selection for International Courts: Towards Common Principles and Practices RUTH MACKENZIE and PHILLIPE SANDS PART THREE: APPOINTING JUDGES IN NEW DEMOCRACIES AND TRANSITIONAL STATES * Judicial Appointments and Promotions in Israel: Constitution, Law and Politics ELI M. SALZBERGER * The Politics of Judicial Selection in Egypt MAHMOUD M. HAMAD * Judicial Selection in Post-Apartheid South Africa FRANCOIS DU BOIS * A Judiciary in Transition: Reflections on the Selection of Judges in Namibia SUFIAN HEMED BUKURURA * Creating a Compliant Judiciary in Zimbabwe, 2000-2003 DEREK MATYSZAK * The Politics of Judicial Selection and Appointments in Japan and Ten South and Southeast Asian Countries DAVID M. O'BRIEN * Judicial Selection in Russia: Towards Accountability and Centralization ALEXEI TROCHEV * Improving the Quality of the Judiciary in China: Recent Reforms to the Procedures for Appointing, Promoting, and Discharging Judges COLIN HAWES Conclusion PETER H. RUSSELL Table of Cases Bibliography Contributors

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Appointing judges in an age of judicial power : critical perspectives from around the world

The case for gender equality on the bench wouldseem too uncontroversial to requirejustification. Yet the practical realities ofthe slow progress of women towards equality ofparticipation both quantitative and qualitativein the judiciary testifies to the continuingneed to argue the case for change. To date, theprimary rationale for promoting gender equalityhas been that women will bring a uniquecontribution to the bench as a result of theirdifferent life experiences, values andattitudes. Such arguments derived fromdifference theory have had a strong appealsince they appear to give legitimacy to theundervalued attributes traditionally associatedas feminine while also promoting the meritprinciple by claiming to improve the quality ofjustice. However, this article argues thatdifference theory arguments are theoreticallyweak, empirically questionable andstrategically dangerous. Instead, it argues forthe adoption of a rationale for gender equalitybased on equity and legitimacy; that equalparticipation of men and women in the justicesystem is an inherent and essential feature ofa democracy without which the judiciary willlose public confidence. This approach, thoughless immediately appealing, is ultimately moresound.

Justifying gender equality on the bench: why difference won't do

Contents: Introduction Activism Accountability and independence Appointments Training Scrutiny Conclusion Bibliography Index.

The New Judiciary: The Effects of Expansion and Activism

© Ruth Mackenzie, Kate Malleson, Penny Martin, and Philippe Sands, 2010 All rights reserved This book examines the way international court judges are chosen Focusing principally on the judicial selection procedures of the International Court of Justice and International Criminal Court, it provides a detailed examination of how the selection process works in practice at national and international levels: What factors determine whether a state will nominate a candidate? How is a candidate identified? What factors influence success or failure? What are the respective roles of merit, politics, and other considerations in the nomination and election process? The research was based on interviews, case studies, and survey data in a range of different states The book concludes that although the nature and quality of nomination and election processes vary widely, a common theme indicates the powerful influence of domestic and international political considerations, and the significant role of a small group of diplomats, civil servants, lawyers, and academics, often without transparency or accountability The processes allow overt political considerations to be introduced throughout the decision-making process in ways that may detract from the selection of the most highly qualified candidates and, ultimately, undermine independence This is particularly evident in the election campaigning that has become a defining feature of the selection process, accompanied by widespread vote trading and reciprocal agreements between states The effect of these practices is often to undermine the role of statutory selection criteria and to favour candidates from more politically powerful states The book reviews new judicial selection models adopted or proposed in other international and regional courts, and considers a number of proposals for change to promote more independent, transparent, and merit-based nomination and election procedures

http://www.gbv.de/dms/spk/sbb/toc/620855061.pdf

Selecting International Judges: Principle, Process, and Politics

A range of policies has been developed in England and Wales to reform the judicial appointments process so as to promote greater diversity. But despite two decades of official activity, the pace of change has been far slower than anticipated. Increasing awareness of the intransigence of the problem has led to a greater willingness to revisit some of the more fundamental tenets which have underpinned the approach to the problem to date, in particular, the unquestioning and inflexible commitment to the principle of equal treatment. This article examines the different forms of positive action which might play a part in the development of new diversity strategies for the judiciary. It reviews the arguments for and against different types, in terms of effectiveness, quality of appointments, and equity. It goes on to consider the legal frameworks which govern diversity and equality policies and assesses the legal implications of adopting different forms of positive action.

Kate Malleson

Papers

Appointing judges in an age of judicial power : critical perspectives from around the world

Justifying gender equality on the bench: why difference won't do

The New Judiciary: The Effects of Expansion and Activism

Selecting International Judges: Principle, Process, and Politics

Diversity in the Judiciary: The Case For Positive Action