2021 Publications

Listed below are books written by our Center members, separated by publication year and alphabetically by author name. 

 

Gender Regimes and the Politics of Privacy: A Feminist Re-Reading of Puttaswamy vs Union of India

Author: Kalpana Kannabiran and Swethaa S. Ballakrishnen

Publisher: Zubaan

Language: English

About:In 2017 an all-male nine-judge bench of the Indian Supreme Court delivered the landmark Justice K.S. Puttaswamy & Ors v. Union of India judgment on privacy. In this book, the authors look at the embodiment of privacy in the judgment to examine the ways in which the bench articulated the question of gender. They argue that while Puttaswamy has been central in clarifying the extent of (and extensions to) the right to privacy as a fundamental right, the discourse on this has long existed in India — in various gendered social movements, policy-making around women’s rights, feminist historiography, and discourses on the family, sexual rights, autonomy and choice (in and outside courts), dignity, and critiques of surveillance — and provides an important context within which the judgment becomes especially relevant.

The authors unpack the underlying logics of the right to privacy within the default prism of the notional identity of the normative household and offer an entry point to re-read existing jurisprudence on rape, sexual assault, sexual harassment, atrocity, and sexual violence and humiliation under conditions of mass violence. They suggest a springboard for the possibility of theorizing personhood within the right to privacy, arguing that while the judgment sets up radical precedent on the questions of sexual minorities, it remains trapped in a reductionist reading of the female body within heteronormativity.

Human Rights and Economic Inequalities

Editor: Gillian MacNaughton, Diane F. Frey, Catherine Porter, Rhoda E. Howard-Hassmann, Sylvain Aubry, Katherine James, Lucy McKernan, Beth Munro, Caroline Noyrez, Anja Rudiger, Alex Cobham, Fariya Mohiuddin, Liz Nelson, Carmel Williams, Dadasaheb Tandale, Joo-Young Lee, Beth Goldblatt, James Murphy, Chuan-Feng Wu, Vicente Silva

Publisher: Cambridge University Press

Language: English

About: Economic inequalities are among the greatest human rights challenges the world faces today due to the past four decades of neoliberal policy dominance. Globally, there are now over 2,000 billionaires, while 3.4 billion people live below the poverty line of US $5.50 per day. Many human rights scholars and practitioners read these statistics with alarm, asking what impact such extreme inequalities have on realizing human rights and what role, if any, should human rights have in challenging them? This edited volume examines these questions from multiple disciplinary perspectives, seeking to uncover the relationships between human rights and economic inequalities, and the barriers and pathways to greater economic equality and full enjoyment of human rights for all. The volume is a unique contribution to the emerging literature on human rights and economic inequality, as it is interdisciplinary, global in reach and extends to several under-researched areas in the field.

Politicizing Gender and Democracy in the Context of the Istanbul Convention

Authors: Andrea Krizsán and Conny Roggeband

Publisher: Palgrave Pivot

Language: English

About: This book examines opposition to the Council of Europe’s Istanbul Convention and its consequences for the politics of violence against women in four countries of Central and Eastern Europe. Krizsán and Roggeband discuss why and how successful anti-gender mobilizations managed to obstruct ratification of the Convention or push for withdrawal from it. They show how resistance to the Convention significantly redraws debates on violence against women and has consequences for policies, women’s rights advocacy, and gender-equal democracy.

European Employment Law

Author: Karl Riesenhuber

Publisher: Ittersentua Ltd.

Language: English

About: European employment law is becoming increasingly important. Its impact upon domestic law of the Member States in fields such as fixed-term employment contracts, collective redundancies or industrial action, is growing. This volume therefore covers the complete scope of European employment law: its foundations in EU primary law and its various sources in EU secondary legislation, as well as the growing body of case law of the European Court of Justice.

The book begins by providing an overview of the relevant fundamental rights, fundamental freedoms and competences of the European Union in the field of employment law. A systematic presentation of the conflict of law rules in European Employment Law then follows: the Rome I and Rome II-Regulations, the Posting of Workers Directive and the Brussels Regulation on the recognition and enforcement of judgements. Subsequently, the author focuses on individual labour law which, at the EU level, is principally composed of rules on non-discrimination, the protection of safety and health and working time; rules on atypical forms of employment (part-time, fixed-term and temporary agency work) and special groups of employees (mothers, parents, young people); as well as legislation concerning employment protection in situations of collective redundancy, business transfer and insolvency. This is followed by a discussion of collective labour law issues. Particular attention is given to the European Works Council and the rules on employee involvement in the European Company, the European Cooperative Society, and the European Private Company, and to employment law rules contained in the Directive on cross-border mergers.

Europäisches Arbeitsrecht

Author: Karl Riesenhuber

Publisher: De Gruyter

Language: English

About: This volume covers the entire scope of European employment law, its primary legal foundations, and its secondary legal configuration. In recent years, important rulings by the CJEU have demonstrated the immense significance of European employment. Even in everyday cases, European law can decisively tip the scales.

The Rise of English: Global Politics and the Power of Language

Author: Rosemary Salomone

Publisher: Oxford University Press

Language: English

About: Spoken by a quarter of the world’s population, English is today’s lingua franca–its common tongue. The language of business, popular media, and international politics, English has become commodified for its economic value and increasingly detached from any particular nation. This meteoric “rise of English” has many obvious benefits to communication. Tourists can travel abroad with greater ease. Political leaders can directly engage their counterparts. Researchers can collaborate with foreign colleagues. Business interests can flourish in the global economy.

But the rise of English has very real downsides at times generating intense legal conflicts. In Europe, imperatives of political integration, job mobility, and university rankings compete with pride in national language and heritage as countries like France attempt to curb its spread. In countries like India, South Africa, Morocco, and Rwanda, it has stratified society along lines of English proficiency and devalued commonly spoken languages. In Anglophone countries like the United States and England, English isolates us from the cultural and economic benefits of speaking other languages.

In The Rise of English, Rosemary Salomone offers a commanding view of the unprecedented spread of English and the far-reaching effects it has on global and local politics, economics, media, education, and business. From the inner workings of the European Union to China’s use of language as “soft power” in Africa, Salomone draws on a wealth of research to tell the complex story of English–and, ultimately, to argue for English not as a force for domination but as a core component of multilingualism and the transcendence of linguistic and cultural borders.

Identity Capitalists: The Powerful Insiders Who Exploit Diversity to Maintain Inequality

Author: Nancy Leong

Publisher: Stanford University Press

Language: English

About: Why do people accused of racism defend themselves by pointing to their black friends? Why do men accused of sexism inevitably talk about how they love their wife and daughters? Why do colleges and corporations alike photoshop people of color into their websites and promotional materials? And why do companies selling everything from cereal to sneakers go out of their way to include a token woman or person of color in their advertisements?

In this groundbreaking book, Nancy Leong coins the term “identity capitalist” to label the powerful insiders who eke out social and economic value from people of color, women, LGBTQ people, the poor, and other outgroups. Leong deftly uncovers the rules that govern a system in which all Americans must survive: the identity marketplace. She contends that the national preoccupation with diversity has, counterintuitively, allowed identity capitalists to infiltrate the legal system, educational institutions, the workplace, and the media. Using examples from law to literature, from politics to pop culture, Leong takes readers on a journey through the hidden agendas and surprising incentives of various ingroup actors. She also uncovers a dire dilemma for outgroup members: do they play along and let their identity be used by others, or do they protest and risk the wrath of the powerful?

Arming readers with the tools to recognize and mitigate the harms of exploitation, Identity Capitalists reveals what happens when we prioritize diversity over equality.