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Since its conceptualisation, the construction of privacy has been deeply gendered, as women and gender and sexual … consequence, the watered-down, inferior version of privacy that women and sexual and gender minorities historically have been … jurisprudence in particular, through a fundamental curtailment of the decisional autonomy of women and gender and sexual minorities …
Persistent link: https://www.econbiz.de/10014358657
This chapter considers the landmark status of the House of Lords in Thorner v Major [2009] UKHL 18, understanding it as an example of story-telling in the law. The chapter explores the issues surrounding the equitable doctrine of proprietary estoppel, as it applies in particular in the context...
Persistent link: https://www.econbiz.de/10012826375
This article shows that parties to trusts currently enjoy easier access to judicial avoidance of voluntary dispositions resulting from mistakes and inadequate decision-making than other persons. The principal doctrinal basis for this advantage has shifted from the rule in Re Hastings-Bass to...
Persistent link: https://www.econbiz.de/10012859375
This book chapter, prepared for the forthcoming Oxford Handbook of Fiduciary Law, canvasses the fiduciary principles applicable to a trustee of a donative, irrevocable private trust subject. The focus is on prevailing American law. The chapter examines (a) the trigger for finding a trust...
Persistent link: https://www.econbiz.de/10011926861
In Irresolute Testators, Professor Jane Baron provocatively suggests the existence of two distinct types of testators: the rational, autonomous testator who has made deliberate choices about the contents of her will and whose errors, if any, are minor; and the more vulnerable, less resolute...
Persistent link: https://www.econbiz.de/10014125859
This paper considers arguments about Islam and women's welfare, and, at greater length, how legal systems with Islamic elements treat women, with a focus on how women fare in Islamic family courts. Key methodological issues include how to focus on real-world views and practices rather than only...
Persistent link: https://www.econbiz.de/10011943755
According to expressive law theories, expression of values is an important function played by the law. Expressive laws affect behavior, not by threatening sanctions or promising rewards, but by changing individual preferences and tastes and, in some cases, by affecting social norms and values....
Persistent link: https://www.econbiz.de/10010286368
Few economic indicators have more salience and pervasive financial impact on everyday lives in the United States than poverty measures. Nevertheless, policymakers, researchers, advocates, and legislators generally do not understand the details of poverty measure mechanics. These detailed...
Persistent link: https://www.econbiz.de/10014117404
In this paper, we attempt to shed light on whether Japanese households are rational or if their behavior is influenced by culture and social norms by examining their saving and bequest behavior. To summarize our main findings, we find that Japan's household saving rate showed great volatility,...
Persistent link: https://www.econbiz.de/10011564954
Can gender-balanced social norms mitigate the gender differences in competitiveness that are observed in traditional … previously been studied. We find that, unlike in the patriarchic society, there is no significant gender difference in the … inclination to compete in the gender-balanced society. We also find that women's decisions in our experiment are optimal more …
Persistent link: https://www.econbiz.de/10012167581