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"Legal identity"
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Rethinking Inclusion: Ideal Minorities, Inclusion Cultures, and Identity Capitals in the Legal Profession
Using preliminary observations from three parallel projects that employ a range of methods (network and content analysis, surveys, focus groups, and interviews), this article traces the experience of navigating different kinds of identity as useful capital within the legal profession. Identity is not the first kind of non-economic capital to influence professional navigation, but it is distinct in that it is owned and deployed primarily by minority actors. Adding to scholarship that has located the extensions for identity as capital, three interrelated contributions follow from this research. First, it reveals the prevalence of a diffuse field of diversity consciousness where, regardless of outcome, there is a sense that diversity is useful capital. Second, despite being notionally useful, these multi-method sources reveal the ways in which navigating such capital is simultaneously complicated for both actors within visible (e.g. race and perceived gender) and invisible (e.g. some disability, genderfluidity, and religion) identity categories. The isomorphic diversity posturing by organizations fosters a system where being a minority is seen as an advantage, but inclusion feels like accommodation either because it demands certain portrayals of precarity or because it leaves individuals unsure of their worth beyond the expected performance of their identity. As a result, even though the new version of the ideal professional norm might valorize identity as capital, it continues to serve organizations rather than individuals. Finally, these data make the methodological case for the usefulness of the periphery as an analytical vantage point to assess systemic inequalities in legal profession research.
Journal Article
Gender diversity, recognition and citizenship : towards a politics of difference
\"The question of 'recognition' motivates a range of contemporary social movements and forms the backdrop to legal and policy change, and theoretical and political debate. This timely book draws on original research to examine the meanings and significance of, and contestations around, recognition in relation to the aptly named UK 'Gender Recognition Act'. Gender Diversity, Recognition and Citizenship: Towards a Politics of Difference considers changing UK law and policy around gender diversity within the context of broader social, cultural, legal, political, theoretical, and policy shifts concerning gender and sexuality. In bringing together a wide range of critical interdisciplinary perspectives, and by addressing key debates about inclusion, equality, diversity, human rights and citizenship, the book examines gaps between law and policy, and everyday experiences and understandings of social justice. Through a critical engagement with a politics of recognition, Gender Diversity, Recognition and Citizenship instates the value of a 'politics of difference'. \"-- Provided by publisher.
Book
Passing Policies That Promote Urban Health: Lessons From the CityHealth Project
Cities are important laboratories for cross-sectoral collaboration and advancing equity. CityHealth, a project of the de Beaumont Foundation and Kaiser Permanente, used legal epidemiology to identity, score, and promote nine city-level policies important to population health in the 40 largest US cities from 2017 to 2021. The project supported 86 policy changes over five years. These results demonstrate possibilities for encouraging passage of city-level health-enhancing policies and the need to move beyond scoring and ranking to direct policy advocacy. (Am J Public Health. 2025;115(6):864-867.
Journal Article
Métis in Canada : history, identity, law & politics
\"These twelve essays constitute a groundbreaking volume of new work prepared by leading scholars in the fields of history, anthropology, constitutional law, political science, and sociology, who identify the many facets of what it means to be Métis in Canada today. After the Powley decision in 2003, Métis people were no longer conceptually limited to the historical boundaries of the fur trade in Canada. Key ideas explored in this collection include identity, rights, and issues of governance, politics, and economics. The book will be of great interest to scholars in political science and native studies, the legal community, public administrators, government policy advisors, and people seeking to better understand the Métis past and present.
Book
Caster Semenya, athlete classification, and fair equality of opportunity in sport
According to the Differences of Sex Development (DSD) Regulations of the International Association of Athletics Federations (IAAF), Caster Semenya and other athletes with heightened testosterone levels are considered non-eligible for middle distance running races in the women’s class. Based on an analysis of fair equality of opportunity in sport, I take a critical look at the Semenya case and at IAAF’s DSD Regulations. I distinguish between what I call stable and dynamic inequalities between athletes. Stable inequalities are those that athletes cannot impact or control in any significant way such as inequalities in biological sex, body size and chronological age. Dynamic inequalities, such as inequalities in strength, speed and endurance, or in technical and tactical skills, can be impacted and to a certain extent controlled by athletes. If stable inequalities exert significant and systematic impact on performance, they provide a rationale for classification. If high testosterone level is an inborn, strong and systemic driver of performance development, inequalities in such levels can provide a rationale for classification. As is emphasised by the Court of Arbitration for Sport (CAS), this leads to a dilemma of rights: the right of Semenya to compete in sport according to her legal sex and gender identity, and the right of other athletes within the average female testosterone range to compete under fair conditions. I conclude with providing conditional support of the CAS decision in the Semenya case and of IAAF’s DSD Regulations.
Journal Article
European Citizenship between Legal Standardization and Identity Factor: Pathways for an Intercultural Citizenship
Citizenship is simultaneously a foundational, individual, and universal concept. It also embodies a tendency to transcend the limits of any specific political community and become a universal legal status. European citizenship pertains to a union of peoples and is acquired derivatively through the citizenship of Member States. It has been described as a “bundle of rights of different legal, political, and existential significance”, yet the existential identity of the European citizen remains difficult to define due to the lack of a European Constitution. This paper aims to analyze the possible forms of political and social participation that connect individuals and groups, along with their identities, to a distinct way of conceiving the European Union and European citizenship.
Journal Article
Uncertain accommodation : aboriginal identity and group rights in the Supreme Court of Canada
\"In 1982, Canada formally recognized Aboriginal rights within its Constitution. The move reflected a consensus that states should and could use group rights to protect and accommodate subnational groups within their borders. Decades later, however, no one is happy. This state of affairs, Panagos argues, is rooted in a failure to define what aboriginality means, which has led to the promotion and protection of a single vision of aboriginality--that of the justices of the Supreme Court. He concludes that there can be no justice so long as the state continues to safeguard a set of values and interests defined by non-Aboriginal people.\"-- Provided by publisher.
Book
Class and Precarity
In refuting Guy Standing’s precariat as a class, we highlight that employment situation, worker identity and legal rights are mistakenly taken as theoretical components of class formation. Returning to theories of class we use Dahrendorf’s reading of Marx where three components of classes, the objective, the subjective and political struggle, are used to define the current formation of the working class in China. Class is not defined by status, identity or legal rights, but location in the sphere of production embedded within conflictual capital–labour relations. By engaging with the heated debates on the rise of a new working class in China, we argue that the blending of employment situation and rights in the West with the idea of precarity of migrant workers in China is misleading. Deconstructing the relationship between class and precarity, what we see as an unhappy coupling, is central to the article.
Journal Article