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In countries like Nigeria where the preference is for the male child, female doctors face distinct challenges regarding sexual harassment. Female doctors are likely to experience career consequences if they share their experiences, yet they want to speak out to avoid others from having to experience the same types of abuse from senior colleagues.
This chapter outlines the ongoing oppression faced by female doctors in Nigeria. The case study outlines the escalating harassment and abuse of a female surgical trainee, and the insidious abuse of authority by a senior male doctor. The case demonstrates the betrayal the woman doctor experiences when others support the abusive senior male surgeon: the report of harassment is poorly managed, with the target being asked to apologise. This chapter outlines the tangible consequences of those who dare to speak out and voice concerns about their mistreatment in this context and shows the impact of poorly managed harassment, on the lives and careers of women doctors in Nigeria.
This chapter introduces the potential legal consequences of occupational sexual harm of medical practitioners by medical practitioners, and outlines some of the reasons for non-reporting in the criminal context. The challenges of reporting of sexual harm in the workplace are discussed and followed by three illustrative case studies from Australia one from a criminal court, one from a civil court and one case brought by the Medical Board to the Administrative Appeals Tribunal. The chapter concludes with the recognition that complex structural and cultural environments exist which deter some victims from pursuing legal redress and can inadvertently harm those who do pursue it. Solutions are not simple or easy and, irrespective of the prevalence of occupational sexual harm, pursuit of legal claims is likely to remain low due to the personal and professional risks a complainant endures.
In 1962, John F. Kennedy proposed withholding for taxes on dividends and interest to close the large gap between dividends and interest paid and reported. Despite the familiarity with wage withholding, the proposal encountered an enormous wave of public opposition, generating one of the most significant letter-writing campaign ever mounted. Congress relented and stripped the dividend and interest withholding provision from the bill in favor of new information reporting requirements. Why did dividend and interest withholding generate such a populist revolt? In part, the populism on this issue was manufactured by the business community. Banks and corporations mobilized their depositors and investors to contact their congressmen to protest the proposal. This is only part of the story, however. The industry-led campaign struck a chord with taxpayers who had become disaffected by the special tax preferences and shelters enjoyed by high bracket taxpayers. They viewed omitting dividends and interest as their form of self-help, while others were indignant that Congress would attack tax evasion by going after them before solving high-end tax evasion first.
In their book, The Triumph of Injustice: How the Rich Dodge Taxes and How to Make Them Pay, economists Emmanuel Saez and Gabriel Zucman lamented the retreat of the United States’ tax system from its heyday between the 1930s and 1970s when it was, in their words, “perhaps the most progressive in world history.”1 As seen in Figure I.1, the top rate shot up from 25 percent after World War I to more than 60 percent in the early 1930s and settled at the astronomically high rate of 91 percent for over a decade between 1951 and 1963. That turned out to be the high point for the top marginal rate. Over the next several decades the rate dropped to 70 percent, then 50 percent, and finally a low of 28 percent in the late 1980s. Although it has crept up since then, the top rate has never approached anything close to what it was at mid-century, remaining below 40 percent for the last four decades.
Female physicians in Japan face significant career barriers due to societal expectations surrounding childcare and family responsibilities. Traditional gender roles, exacerbated by long working hours and limited childcare options, hinder their ability to challenge stereotypes. In this chapter, we initially elucidate the challenges Japan encounters, as derived from literature reviews, and subsequently delve into specific instances.
The four authors in this chapter are from different stages of their medical careers in Japan. Dr. Watari has a Masters degree in Healthcare Quality and Safety from Harvard Medical School (USA) and has worked clinically in Japan, Thailand, and the USA. He has been actively researching gender bias in Japan’s medical field, aiming to promote gender equality among physicians. Dr Kono is a senior resident in surgery at Tokai University Hospital, and has published an article on gender inequality in Japanese academic medicine. Dr Yasuhisa is a junior resident at Shonan Kamakura hospital, with a background in pharmacy and engineering. Ms Mizuno is a medical student at Shimane University, with a background in French and linguistics. The case they present is a conglomerate of several interviews they have recorded during work on sexual harassment and discrimination in Japan.
This chapter examines the rise of intergovernmentalism in the European Communities and its impact on the development of a constitutional practice of European law. While a constitutional interpretation of European law was developed by an alliance of the European Commission and the European Court of Justice, the increasing saliency of intergovernmental decision-making – above all else, the strengthened role of national governments in the Council - was an equally critical and possibly more influential pillar of European integration, which effectively constrained supranational governance. Pivotal moments include the Empty Chair Crisis (1965–66) and the Luxembourg Compromise (1966). The development of the member state veto and the suppression of majority voting were powerful instances of member states asserting their control over the course of European integration. The chapter concludes that intergovernmental governance, while never coherent or unanimous enough to outright curtail the Court’s doctrines, significantly shaped the trajectory of European legal integration.
This chapter investigates France’s contentious relationship with the development of a constitutional practice in European law. The chapter explores the longstanding struggle between two factions within the political and legal elite that shaped the French reception of European law: the supranationalists, who supported a federal vision of European law, and the souverainistes, who resisted supranational legal authority in favour of national sovereignty. This ideological battle was most visible in the French judiciary, where institutions like the Conseil d’État and Cour de Cassation adopted competing stances on European law. Despite these challenges, the chapter argues that France ultimately had to yield to European legal integration in the 1980s, after an open rebellion by the Conseil d’État and the National Assembly in 1979-1980 failed. This evolution reflected France’s broader struggle with defending national sovereignty and adapting to the realities of European integration.
This chapter examines the European Parliament’s (EP) so-far overlooked role in the development of European law. It argues that the EP and its legal committee contributed to the development of a constitutional practice within the European Community (EC). Despite its weak legislative authority, the EP played an important role in legitimising the constitutional interpretation of European law by positioning itself as Europe’s democratic voice, through rhetorical strategies, performing as a parliament and by providing a public forum, in close conjunction with the other EC/EU institutions. The EP contributed at key moments. In the 1960s, it supported the ECJ constitutional interpretation of European law. In subsequent decades, the EP’s Legal Committee acted as a “norm entrepreneur”, cooperating with the Commission’s Legal Service and advocating for a federalist vision of integration. The chapter concludes that, while the EP lacked legislative power, its discursive strategies helped construct and legitimise the constitutional practice.
This chapter takes up a series of popular folktales about radical inequality (Aesop, Gevia ben Psisa/ben Qosem) to argue that provincial communities become increasingly interested in reframing quotidian interactions as legal interactions. Legal dialogue came to be imagined as a register of discourse capable of controlling powerful people. Interestingly, however, all of these stories feature a protagonist somehow marked as physically deformed or otherwise grotesque: Aesop was the ugliest slave imaginable, Geviah a hunchback. The very bizarreness of these characters offers a standing challenge to normative understandings of power: in each case, it is the most degraded members of society who manage to wield legal logos to control their superiors, society’s notional elites.
Early Christianity, and the Pauline letters specifically, was concerned with questions of legality and its transcendence. In a process analogous to that described in the previous chapter, the flesh of Christ holds out the possibility of transcending the law itself, and remaking oneself and one’s community in the wake of the historical disruptions of the first century BC/AD. Communities throughout the empire, intrigued by the possibility of taking on new and different laws or, by contrast, freeing themselves from all laws, saw in the possibility of Christianity the opportunity for transformation. For Paul, real law is not concerned about materiality, but transcendence. There are important and underexplored commonalities between Paul’s interpretive moves and those of the sophists of the following chapter. The key body, however, is not the body of the orator, but the perfect body of Christ, which deserves to be imitated.
We were both part of the team that conducted the first systematic study about sexual harassment in academic medicine in Germany and this has informed our following practice and our contribution to this book. Coming from a background in clinical medicine and public health, as well as knowledge about organizations, and personal encounters with the topic, we feel that more awareness, prevention and actionable consequences are necessary to improve working conditions in academic medicine in Germany. The anonymized case study we present showcases many of the structural problems survivors encounter and, most importantly, the fact that they often shoulder the consequences of actions they have not called for and did not want. The #metoo movement supported public discussions about sexual harassment and led to some positive change, yet much still needs to be done to structurally change our workplaces and the hierarchical culture that characterizes academic medicine.
This chapter describes and assesses the arguments for transgender girls’ inclusion in girls’ sports that have dominated left-leaning public and political discourse. At core, the arguments focus on the subjective and objective harms of misgendering. The chapter describes and critiques subjective pain arguments as too indeterminate empirically and normatively to provide a basis for inclusion. The chapter next examines objective claims about human flourishing and hierarchies of oppression revealing their underlying assumptions and perhaps unintended consequences.
At the vanguard of European constitutionalism is the Legal Service of the European Commission. This chapter reconstructs its role in the history of European law, arguing that its lawyers were central to the promotion of the constitutional practice. It charts the development of the Legal Service’s internal views and positions taken before the European Court of Justice, emphasising the importance of personal leadership of the Service. Here, figures such as Michel Gaudet, Robert Krawielicki, Walter Much and Claus-Dieter Ehlermann shaped in different ways the Service, and by extension the course of the legal history of European integration. The chapter details how Legal Service engaged with the broader community of European lawyers and academics in an attempt to sway opinion towards its constitutional understanding of European law. The evolution of the constitutional practice of European law cannot be fully understood without the key role played by the Legal Service.