All Outputs (15)

Prosecuting the Possession of Extreme Pornography: A Misunderstood and Misused Law (2013)
Journal Article
Rackley, E., & McGlynn, C. (online). Prosecuting the Possession of Extreme Pornography: A Misunderstood and Misused Law. Criminal law review, 400-405

On 8th August 2012, Simon Walsh was acquitted of five counts of possessing extreme pornography. The case was not, of course, the first prosecution under the extreme pornography provisions contained in the Criminal Justice and Immigration Act 2008 (CJ... Read More about Prosecuting the Possession of Extreme Pornography: A Misunderstood and Misused Law.

Why Feminist Legal Scholars Should Write Judgments: Reflections on the Feminist Judgments Project in England and Wales (2012)
Journal Article
Rackley, E. (2012). Why Feminist Legal Scholars Should Write Judgments: Reflections on the Feminist Judgments Project in England and Wales. Canadian Journal of Women and the Law, 24(2), 389-413. https://doi.org/10.1353/jwl.2012.0030

In Conversation with Lord Justice Etherton: Revisiting the Case for a More Diverse Judiciary (2010)
Journal Article
Rackley, E. (online). In Conversation with Lord Justice Etherton: Revisiting the Case for a More Diverse Judiciary. Public Law, 655-662

Discusses the debate over the need for a greater judicial diversity of experiences, referring to suggestions by Lord Justice Etherton. Outlines the three main arguments for such an increase in judicial diversity, namely those relating to the democrat... Read More about In Conversation with Lord Justice Etherton: Revisiting the Case for a More Diverse Judiciary.

Criminalising Extreme Pornography: A Lost Opportunity (2009)
Journal Article
McGlynn, C., & Rackley, E. (online). Criminalising Extreme Pornography: A Lost Opportunity. Criminal law review, 245-260

This article considers provisions criminalising the possession of ‘extreme pornography’ in the Criminal Justice and Immigration Act 2008. It begins by outlining the current criminal law regime governing pornography, before considering the new measure... Read More about Criminalising Extreme Pornography: A Lost Opportunity.

Detailing Judicial Difference (2009)
Journal Article
Rackley, E. (2009). Detailing Judicial Difference. Feminist Legal Studies, 17(1), 11-26. https://doi.org/10.1007/s10691-009-9107-8

In January 2004 Baroness Brenda Hale became the first woman to sit on the Appellate Committee of the House of Lords. Five years on, she has brought to her judicial role a lightness of touch that belies her increasingly significant impact on the court... Read More about Detailing Judicial Difference.

Judging Destricted (2009)
Journal Article
McGlynn, C., Rackley, E., & Ward, I. (2009). Judging Destricted. King's Law Journal, 20(1), 53-67

The film Destricted purports to explore the boundaries of art and pornography. Awarded an '18' certificate by the British Board of Film Classification (BBFC), the film nonetheless contains images of sexual violence and childlike sexual activity. In t... Read More about Judging Destricted.

What a Difference Difference Makes: Gendered Harms and Judicial Diversity (2008)
Journal Article
Rackley, E. (2008). What a Difference Difference Makes: Gendered Harms and Judicial Diversity. International Journal of the Legal Profession, 15(1-2), 37-56. https://doi.org/10.1080/09695950802439783

Taking the UK Ministry of Justice’s ongoing quest to ensure a more diverse judiciary as its starting point and backdrop, this paper establishes the House of Lords’ decision in Secretary of State for the Home Department v K(FC); Fornah (FC) v Secretar... Read More about What a Difference Difference Makes: Gendered Harms and Judicial Diversity.

Striking a Balance: Arguments for the Criminal Regulation of Extreme Pornography (2007)
Journal Article
McGlynn, C., & Rackley, E. (online). Striking a Balance: Arguments for the Criminal Regulation of Extreme Pornography. Criminal law review, 677-690

Discusses the Government proposals, set out in its 2005 consultation paper, regarding the criminalisation of possession of extreme pornographic material. Highlights the murder case which helped spur the Government into action, the types of material i... Read More about Striking a Balance: Arguments for the Criminal Regulation of Extreme Pornography.

Judicial diversity, the woman judge and fairy tale endings (2007)
Journal Article
Rackley, E. (2007). Judicial diversity, the woman judge and fairy tale endings. Legal Studies, 27(1), 74-94. https://doi.org/10.1111/j.1748-121x.2006.00039.x

The story of the woman judge as one of exclusion and isolation plagued with allegations of bias is well documented. Interestingly, despite significant differences in time and place, a common theme unites these tales: the woman judge is a dangerous ou... Read More about Judicial diversity, the woman judge and fairy tale endings.

From Arachne to Charlotte: An Imaginative Revisiting of Gilligan’s In a Different Voice (2007)
Journal Article
Rackley, E. (2007). From Arachne to Charlotte: An Imaginative Revisiting of Gilligan’s In a Different Voice. William & Mary journal of women and the law, 13(3), 751-774

Almost 25 years after its gentle narrative first captured the imagination of its readers, Carol Gilligan’s In a Different Voice remains one of the most influential feminist works of all time. Its articulation of different ways of understanding moral... Read More about From Arachne to Charlotte: An Imaginative Revisiting of Gilligan’s In a Different Voice.

'Difference in the House of Lords' (2006)
Journal Article
Rackley, E. (2006). 'Difference in the House of Lords'. Social and Legal Studies, 15(2), 163-185. https://doi.org/10.1177/0964663906063567

Taking the media reaction to Brenda Hale’s appointment to the appellate committee of the House of Lords in January 2004 as its starting point, this article considers the impact difference might have on understandings of both the judge and judging. It... Read More about 'Difference in the House of Lords'.

When Hercules met the Happy Prince: Re-Imagining the Judge (2005)
Journal Article
Rackley, E. (2005). When Hercules met the Happy Prince: Re-Imagining the Judge. Texas Wesleyan law review, 12(1), 213-232

Although often dismissed as a myth, the image of the judge as a Herculean superhero whose mission is to apply the law in a straightforward way retains a tenacious grip on our understandings of the judge and judging. The relationship between Oscar Wil... Read More about When Hercules met the Happy Prince: Re-Imagining the Judge.

Reassessing Portia: The Iconic Potential of Shakespeare's Woman Lawyer (2003)
Journal Article
Rackley, E. (2003). Reassessing Portia: The Iconic Potential of Shakespeare's Woman Lawyer. Feminist Legal Studies, 11(1), 25-44. https://doi.org/10.1023/a%3A1023274821930

This paper considers the adoption of Portia, the heroine of The Merchant of Venice, by feminist legal scholars as a metaphor for the woman lawyer. It suggests that Portia has both captured and is captured by the feminist legal scholar's imagination,... Read More about Reassessing Portia: The Iconic Potential of Shakespeare's Woman Lawyer.

Representations of the (Woman) Judge: Hercules, the Little Mermaid, and the vain and naked Emperor (2002)
Journal Article
Rackley, E. (2002). Representations of the (Woman) Judge: Hercules, the Little Mermaid, and the vain and naked Emperor. Legal Studies, 22(4), 602-624. https://doi.org/10.1111/j.1748-121x.2002.tb00671.x

This paper reconsiders images of the judge and, in particular, the position of the woman judge using fairy tale and myth. It begins by exploring the actuality of women's exclusion within the judiciary, traditional explanations for this and the impact... Read More about Representations of the (Woman) Judge: Hercules, the Little Mermaid, and the vain and naked Emperor.

The Politics of Porn .
Journal Article
McGlynn, C., & Rackley, E. (online). The Politics of Porn . New Law Journal, 1142-1143