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The pioneering role of the Netherlands in shaping European law, particularly through its early engagement with the European Court of Justice is well known. Dutch courts, businesses, and legal scholars played a central role in contributing to the breakthrough of the constitutional interpretation of European law, most notably through the landmark Van Gend en Loos (1963) ruling. The chapter explores why the Netherlands emerged as a key actor in European legal integration. It attributes this to the Dutch legal system’s openness to international law and a dominant self-image of the Netherlands as defender of international law, amongst others. However, the conventional narrative that Dutch integration with European law was smooth and unproblematic is also challenged. It reveals that the Netherlands’ role as a “pioneer” of European law was as much a product of strategic national interests as it was of ideological commitment to legal integration.
This chapter describes the law governing transgender girls’ participation in girls’ sports. It compares the interpretations of Title IX’s prohibition on sex discrimination by the Obama and Biden administrations on the one hand and the Trump administration on the other. It explores the state laws regarding transgender girls’ inclusion or exclusion that have arisen against the backdrop of Title IX ambiguity. Finally, the chapter examines what courts have said about what Title IX and the Equal Protection Clause require with regard to transgender girls’ inclusion in or exclusion from girls’ sports.
This chapter explores the role of transnational European law academia in legitimating and promoting the constitutional practice of European law. A transnational academic field of European law emerged through the Fédération Internationale pour le Droit Européen (FIDE) (1961), the rise of European law journals such as the Common Market Law Review (1960s), and the founding of the European University Institute (1978). From the 1960s onwards, European law scholars embraced the European Court of Justice’s (ECJ) constitutional interpretation, disseminating this view in multiple academic fora and journals. Despite critiques of ECJ jurisprudence, particularly at FIDE conferences in the 1970s, the field maintained overwhelmingly support for the constitutional interpretation of the ECJ. By the 1980s, as integration efforts gained momentum, European law academia consolidated a constitutional discourse that legitimized the ECJ’s jurisprudence. The field matured in the 1990s, gaining a degree of independence that allowed for increased critical engagement with European law.
We are a diverse group of educators, surgeons and advocates who are content experts in the field of gender discrimination, sexual harassment and abuse.
The case we are presenting is an anonymous doctor who experienced sexual harassment in the workplace. Key identifying features have been changed to protect her identity. The case highlights organizational failures which facilitate the perpetrator’s behaviour as well as demonstrates the obstacles victims must overcome during and following the reporting process.
As educators, leaders and advocates, we believe it is necessary that we publicize the culture that condones if not endorses the actions of perpetrators, stifles the reporting process and revictimizes the individual. Only through critical examination and deliberate action will change be made.
In writing this chapter, we realise we have not produced the evidence-based guideline that many would want to see. We remember approaching a senior bureaucrat in Australia and describing what we have tried to achieve. ‘I hope it provides solutions’, she said, ‘and isn’t just another collection of complaints’. While the book is not a ‘collection of complaints’, we have not attempted to provide a solution-focused manual. In the Introduction, we wrote that this book is not a reckoning. It is also not a protocol to support specific action. The reason is simple. We do not believe there is one solution that is universally relevant.
This chapter explores the scientific connection between sex and sport. It begins by examining the meaning of sex and the criteria used to assign individuals to the male or female category. It ends by exploring the link between sex and sport and identifying the sex-related traits that have the greatest impact on athletic performance.
The rise in rates and drop in the exemption, not increased interest in tax advice among the wealthy, but among the new generation of middle class taxpayers. Tax advisors spring up to fill this new demand, not only in the form of tax lawyers and accountants for the well-off, which existed, albeit in smaller numbers, before World War II, but in the emergence of retail tax help, such as H&R Block, self-help advice books, tax advice columns in newspapers and magazines, and fly-by-night advice for people with far less ability to pay. Some of these were focused on tax return preparation, but because of the pressures to attract customers in the low margin retail tax industry, there were substantial incentives to promise high refunds. The growth of the tax advice industry sensitized the average person to common tax dodging techniques and to the practice of planning, rather than merely reacting, to taxes. The growth of tax advice also created a space for tax dodging school and tax protester movements, who spread information on tax dodging methods and justifications for non-filing in this pre-internet era by distributing pamphlets, organizing small group meetings and giving lectures.
Sexual harassment not only harms survivors; it also has impacts on the team, the organisation and the profession. Harms can include changes in the way teams and individuals interact, which can have a direct impact on the quality of patient care. It can mean survivors and witnesses are less able to be empathic and interpersonally aware, as they are focussed on defensive and protective behaviours. Sexual harassment by a senior colleague changes the way survivors and bystanders see their profession, and this can cause long-lasting harm in their own practice. Many survivors leave or change their workplace, causing workforce deficits and loss of experience and skills. Those survivors who live with intersectional disprivilege provide critical diversity in teams that need to manage a breadth of patient experience. Unfortunately, they are at higher risk of sexual harassment, and so are more likely to leave, restricting the profession’s capacity to respond to community needs across the breadth of the population. The cost is a drop in the capacity of the organisation to provide quality care.
Tax advisors may have helped a meaningful percentage of taxpayers to dodge their taxes, but advertising was a far more powerful medium in mid-century America for signaling the rising respectability of tax dodging. Publicity and advertising provided exposure and exposure helped to demystify, destigmatize, and normalize tax dodging. Although stories about the high-profile tax dodging described in the previous section provided exposure too, advertising suggested that it was not something only available to the rich and famous. Advertising alone may not have changed attitudes toward tax dodging, but it mirrored and reinforced changes in social attitudes toward the practice.
This chapter adopts a biographical approach, highlighting key institutional and legal transformations in the history of European law that came about as a result of the personalities appointed to the European Court of Justice. Through an analysis of primary sources, including archival materials and case law, the chapter explores the social and political backgrounds of judicial appointees and how these shaped the evolution of the court’s jurisprudence and more generally institutional behaviour. By charting the Court’s institutional responses and interactions with the member state, this chapter contributes to a clearer understanding of judicial decision-making and the evolution of the constitutional practice of European law.
This chapter is authored by Parisa Pakdel, who holds an M.A. in Sociology from Beheshti University in Iran. The chapter focuses on women’s issues, particularly the prevalence of sexual harassment in workplaces. Pakdel delves into the sociological dimensions of sexual harassment experienced by women employees in Tehran hospitals, drawing on extensive sociological research to provide a nuanced examination of its prevalence and dynamics within these healthcare settings. The chapter includes detailed case studies of two victims who endured harassment during their tenure. It underscores the repercussions of inadequate legal safeguards against workplace harassment and sheds light on how organizational frameworks can inadvertently facilitate such misconduct. Furthermore, it explores the challenges victims face in reporting harassment incidents and advocates for systemic reforms aimed at fostering safer and more supportive environments within healthcare settings.
One is not born, but rather becomes, a woman doctor. This chapter addresses medicine itself as a highly gendered institution, constructed around hegemonic masculinity. How a woman learns to perform gender as it is expected for a doctor involves a complex negotiation regarding her body. She must be both present in and absent from her body - one of the many features placing women doctors at increased sexual risk in the workplace. The chapter delves into the historical context of these challenges and their contemporary implications, highlighting the need for continued efforts to promote gender equity in the medical profession.