Category Archives: Feminist Legal Scholarship

Huntington on “How Law Undermines Family Relationships”

Clare Huntington (Fordham Law School) has published a new book, Failure to Flourish: How Law Undermines Family Relationships (Oxford University Press 2014).  Here is Oxford’s description:  Exploring the connection between families and inequality, Failure to Flourish: How Law Undermines Family … Continue reading

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Mae Quinn on “Policing Puberty, Purity and Sex Positivity”

Mae Quinn (Washington University in St. Louis) has posted to SSRN her article From Turkey Trot to Twitter: Policing Puberty, Purity, and Sex Positivity, 38 NYU J. L. & Social Change 51 (2014).  Here is the abstract: From outward appearance, … Continue reading

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New Book Announcement: “Gender and Violence in Haiti”

Rutgers University Press has published a new book by Benedetta Faedi Duramy (Golden Gate).  Here is the publisher’s description of Gender and Violence in Haiti: Women’s Path from Victims to Agents: Women in Haiti are frequent victims of sexual violence … Continue reading

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CFP: Legal Scholarship We Like, and Why It Matters

From the FLP mailbox, this CFP: Legal Scholarship We Like and Why It Matters University of Miami School of Law November 7-8, 2014 JOTWELL, the Journal of Things We Like (Lots), is an online journal dedicated to celebrating and sharing … Continue reading

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Two Recent Works by Michele Gilman

Michele Gilman (Baltimore) has published two recent pieces that may be of interest to blog readers: Michele Gilman, Feminism, Democracy, and the “War on Women,” 32 J. of Law & Inequality 1 (2014). This article analyzes the social conservative attacks … Continue reading

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Announcing New Book Project: Feminist Judgments – US Supreme Court Edition

Four feminist law profs – Jamie Abrams (Louisville), Bridget Crawford (Pace), Kathy Stanchi (Temple) and Linda Berger (UNLV) – have embarked on a United States Supreme Court version of the British Feminist Judgments book. Feminist Judgments was a collaborative project … Continue reading

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Bach on “The Hyperregulatory State”

Wendy Bach (Tennessee) has posted to SSRN her article The Hyperregulatory State: Women, Race, Poverty and Support (Yale J. of L. & Feminism, forthcoming 2014).  Here is the abstract: Vulnerability and dependency theory offers a rich and promising vision for those … Continue reading

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Corbin on “Abortion Distortions”

Caroline Mala Corbin (Miami) has posted to SSRN her article Abortion Distortions (Washington & Lee Law Rev., forthcoming).  Here is the abstract: Two types of distortions often arise in abortion jurisprudence. The first is distortion of scientific fact. Too often … Continue reading

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National Council for Research on Women’s “Gender Stat”

From the FLP mailbox, this notice of a research aggregation tool: The National Council for Research on Women is proud to announce the launch of Gender Stat, a tool that collects statistics on gender equity, annually and by topic. This first … Continue reading

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Did Jed Rubenfeld Jump the Academic Shark with that Rape-by-Deception Article?

Jed Rubenfeld’s Rape-by-Deception article (previously blogged here) is the subject of four formal responses in the Yale Journal Online: Tom Dougherty, No Way Around Consent: A Reply to Rubenfeld on “Rape-by-Deception” Deborah Tuerkheimer, Sex Without Consent Patricia Falk, Not Logic, … Continue reading

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Sex-Positive Law

Sexual pleasure is a good thing. It’s not just moral philosophy that supports the value of pleasure (although much of it does); it’s common sense. We value pleasure simply because it is pleasurable. People devote significant time and money to … Continue reading

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Family Status, Federalism, and the Windsor Decision

Courtney G. Joslin, University of California, Davis, School of Law, has published Windsor, Federalism, and Family Equality at 113 of Columbia Law Review Sidebar 156 2013). Here is the abstract. In a 5-4 decision authored by Justice Kennedy, the Court held … Continue reading

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Converge! Re-Imagining the Movement to End Gender Violence

CALL FOR PAPERS AND PRESENTATIONS – SUBMIT YOUR PROPOSAL TO converge@law.miami.edu DUE DATE: Friday, October 18, 2013 (may be extended) For more conference information see http://www.law.miami.edu/academics/converge/ CONVERGE! Re-imagining the Movement to End Gender Violence, will bring together survivors, activists, and … Continue reading

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Posted in Academia, Activism, Acts of Violence, Call for Papers or Participation, Coerced Sex, Courts and the Judiciary, Employment Discrimination, Feminism and Economics, Feminism and Families, Feminism and Law, Feminism and Politics, Feminist Legal Scholarship, Feminists in Academia, Human Trafficking, Immigration, Legal Profession, LGBT Rights, Masculinity, Reproductive Rights, Sex Trafficking, Sexual Harassment, Socioeconomic Class, Upcoming Conferences | Comments Off

Hasday on “Women’s Exclusion from the Constitutional Canon”

Jill Elaine Hasday (Minnesota) has posted to SSRN her article “Women’s Exclusion from the Constitutional Canon,” forthcoming in the University of Illinois Law Review.  Here is the abstract: This Essay asks why sex equality is outside the constitutional canon. While … Continue reading

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Examining the Crisis In Legal Education

Paula A. Monopoli, University of Maryland School of Law, has published Gender and the Crisis in Legal Education: Remaking the Academy in Our Image at 2012 Michigan State Law Review 1742. Here is the abstract. American legal education is in … Continue reading

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Posted in Academia, Feminist Legal Scholarship, Feminists in Academia, Law Schools, Law Teaching, Legal Profession, The Underrepresentation of Women | Comments Off

Helie and Ashe on “Multiculturalist Liberalism and Harms to Women”

Anissa Helie (CUNY, John Jay College of Criminal Justice) and Marie Ashe (Suffolk) have posted to SSRN their article Multiculturalist Liberalism and Harms to Women: Looking Through the Issue of ‘The Veil’, 19 UC Davis J. of Int’l L. & … Continue reading

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Persad on “What Marriage Law Can Learn from Citizenship Law (and Vice Versa)”

Govind Persad (Visiting Scholar, University of Pennsylvania; PhD Candidate, Philosophy, Stanford University) has posted to SSRN What Marriage Law Can Learn from Citizenship Law (and Vice Versa).  Here is the abstract: Citizenship and marriage are legal statuses that generate numerous … Continue reading

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Ben-Asher on “The Lawmaking Family”

Noa Ben-Asher (Pace) has posted to SSRN her working paper The Lawmaking Family.  Here is the abstract:  Increasingly there are conflicts over families trying to “opt out” of various legal structures, especially public school education. Examples of opting-out conflicts include … Continue reading

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Emens on “Compulsory Sexuality”

Elizabeth Emens (Columbia) has posted to SSRN her article Compulsory Sexuality, 66 Stan. L. Rev. (forthcoming). Here is the abstract: Asexuality is an emerging identity category that challenges the common assumption that everyone is defined by some type of sexual … Continue reading

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Manian on “Abortion Restrictions and Side Effects on Women’s Health”

Maya Manian (USF) has posted to SSRN her article Lessons from Personhood’s Defeat: Abortion Restrictions and Side Effects on Women’s Health, Ohio State L.J. (forthcoming).  Here is the abstract: State personhood laws pose a puzzle. These laws would establish fertilized … Continue reading

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Claudine V. Pease-Wingenter, “Halting the Profession’s Female Brain Drain While Increasing the Provision of Legal Services to the Poor: A Proposal to Revamp and Expand Emeritus Attorney Programs”

Claudine V. Pease-Wingenter (Phoenix) has posted to SSRN her article, “Halting the Profession’s Female Brain Drain While Increasing the Provision of Legal Services to the Poor: A Proposal to Revamp and Expand Emeritus Attorney Programs,” 37 Oklahoma City Law Review … Continue reading

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Announcing Third Edition of “Introduction to Feminist Legal Theory”

Martha Chamallas has updated her invaluable text Introduction to Feminist Legal Theory.  Here is the publisher’s description of the new edition: Widely respected as a leading text in the field, Introduction to Feminist Legal Theory (3d ed. 2012) spans the … Continue reading

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Joslin on “Marriage, Biology and Federal Benefits”

Courtney Joslin (Davis) has posted to SSRN her article Marriage, Biology, and Federal Benefits, Iowa Law Review (forthcoming).  Here is the abstract: This Article approaches the topic of same-sex marriage from a novel perspective by scrutinizing the historical accuracy of … Continue reading

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Corbin on “The Contraception Mandate”

Caroline Mala Corbin (Miami) has posted to SSRN her essay The Contraception Mandate, Northwestern University Law Review Colloquy, Vol. 106, Forthcoming.  Here is the abstract: Under the new health care regime, health insurance plans must cover contraception. While religious employers … Continue reading

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Francine Banner on “Judicial Review of Intra-Military Sexual Assault Claims”

Francine Banner (Phoenix) has posted to SSRN her article, Immoral Waiver: Judicial Review of Intra-Military Sexual Assault Claims, Lewis & Clark L. Rev. (forthcoming 2013).  Here is the abstract: This essay critiques the application of the Feres doctrine and the … Continue reading

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Loving is as Loving Does

On June 12, 1967, in the case Loving v. Virginia, the United States Supreme Court unanimously struck down Virginia’s anti-miscegenation law, thereby invalidating such laws across the country and allowing interracial couples across the nation to enter into legally recognized … Continue reading

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Fenton, “An Essay on Slavery’s Hidden Legacy”

Zanita Fenton (Miami) has published An Essay on Slavery’s Hidden Legacy: Social Hysteria and Structural Condonation of Incest, 55 Howard L.J. 319 (2012).  Here is the abstract: The history of slavery and its effects within the United States, especially the … Continue reading

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Choudhury, “A Comparative Perspective on Polygamy in the United States and India”

Cyra Akila Choudhury (FIU) has posted to SSRN  her article Between Tradition and Progress: A Comparative Perspective on Polygamy in the United States and India, 83 Colo. L. Rev. 101 (2012).  Here is the abstract: Both the United States and … Continue reading

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Hasday on “Siblings in Law”

Jill Hasday (Minnesota) has posted to SSRN her article Siblings in Law, 65 Vanderbilt Law Review 897 (2012).  Here is the abstract: Legal regulation of the family focuses on two canonical relationships: marriage and parenthood.  Courts, legislatures, and scholars routinely take … Continue reading

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Tait on “Historical Households, Earned Belonging, and Natural Connections”

Allison Tait (Gender Equity and Policy Postdoctoral Associate 2011-12, Yale Women Faculty Forum) has posted to SSRN her article “A Tale of Three Families: Historical Households, Earned Belonging, and Natural Connections,” 63 Hastings L. J. 1345  (2012).  Here is the … Continue reading

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Manian on “Functional Parenting and Dysfunctional Abortion Policy”

Maya Manian (U San Francisco) has a new article out discussing how to reform laws mandating parental involvement for adolescent girls seeking abortion care: “Functional Parenting and Dysfunctional Abortion Policy: Reforming Parental Involvement Legislation,” 50 Family Court Review 241 (2012).  … Continue reading

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New Issue of Canadian Journal of Women and the Law

From our northern-dwelling colleagues, this notice of that Volume 24, Number 1, 2012 of the Canadian Journal of Women and the Law  is now available online. It’s also available at Project MUSE.  Here’s the publisher’s plug for the on-line edition: CJWL … Continue reading

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Inniss on “Bridging the Great Divide”

Lolita Buckner Inniss has published Bridging the Great Divide–A Response to Linda Greenhouse and Reva B. Siegel’s Before (and After) Roe v. Wade: New Questions About Backlash, 89 Wash. U. L. Rev. 963 (2012).  Here is the abstract: This essay … Continue reading

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Alicia Kelly, “Navigating Gender in Modern Intimate Partnership Law”

Alicia Kelly (Widener) has posted to SSRN her article Navigating Gender in Modern Intimate Partnership Law, 14 J. of Law & Family Studies (forthcoming 2012). Here is the abstract. With women edging up to become half the workforce, claims of … Continue reading

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Glenn Cohen on “Beyond Best Interests”

Glenn Cohen (Harvard) has posted to SSRN his article Beyond Best Interests, 96 Minn. L. Rev. (forthcoming 2012).  Here is the abstract: As Justice Douglas wrote in Skinner v. Oklahoma, procreation is one of the “basic civil rights of man.” … Continue reading

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CFP: Hypatia Special Issue on Feminist Disability Studies

From the FLP mailbox, this CFP: Hypatia Special Issue on New Conversations in Feminist Disability Studies August 15, 2013 submission deadline Volume 30, Issue 1, Winter 2015 Edited by Kim Q. Hall Hypatia: Journal of Feminist Philosophy is seeking new … Continue reading

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Posted in Call for Papers or Participation, Feminist Legal Scholarship | 1 Comment

Kerry Abrams on “Marriage Fraud”

Kerry Abrams (UVa) recently talked with folks at her school about her work on Marriage Fraud, 100 Cal. L. Rev. 1 (2012).  Here’s a portion of the interview: How did you become interested in writing about this topic? I study … Continue reading

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What’s the Difference Between an Article and an Essay? Part 2

This is a question I’ve pondered before (see here).  Today I stumbled upon the Columbia Law Review’s take on the question: Articles tend to be research pieces analyzing a problem and suggesting a solution.  Such analysis usually articulates some background information … Continue reading

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Issues in Legal Scholarship — Focus on Feminism

Out of an on-line colloquium organized by Kathy Abrams (I guess you had to be one of the cool kids to be invited; I don’t remember seeing a call), there’s the latest Issues in Legal Scholarship, with these fascinating contributions: Martha Chamallas, Backlash, … Continue reading

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Feminist Research Resource at Barnard

The Barnard College Library has a large collection of feminist ‘zines.  The Barnard Zine Library has its own webpage (here), with finding guides (see here), bibliographies (see here) and teaching resources (here).  The teaching guides could be adapted easily for … Continue reading

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CFP: IMPRINTS Virtual Journal of the International Models Project on Women’s Rights

From the FLP mailbox, this CFP: The International Models Project on Women’s Rights (IMPOWR) is an initiative of the ABA Section of International Law and our goal is to establish a global, collaborative research database on women’s rights under law. … Continue reading

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The Incoherence of Queer Theory and Its Relationship to Law

In the pages of The Chronicle (here), William Germano (Dean and Professor at Cooper Union Faculty of Humanities and Social Sciences) offers his reflections on the end of Series Q, a book and journal line published by the Duke University … Continue reading

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Canadian Journal of Women and the Law: Archives and Current Issue

From our more northern-dwelling colleagues, this announcement: Canadian Journal of Women and the Law/Revue Femmes et Droit Volume 23, Number 2, 2011 is now available online. Founded in 1985, the same year as the equality guarantee of the Canadian Charter of Rights and … Continue reading

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New Journal Announcement: Journal of Feminist Scholarship

From the FLP mailbox, this scholarly journal announcement from co-editors Catherine Villanueva Gardner (UMass Dartmouth, Philosophy and Women’s Studies),  Anna M. Klobucka (UMass Dartmouth, Portuguese), and Jeannette E. Riley (UMass Dartmouth, English and Women’s Studies): We are pleased to announce the … Continue reading

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Tait on “Do Patents Have Gender?” by Dan Burk

Allison Tait, a Gender Equity and Policy Postdoctoral Associate with the Yale Women Faculty Form has posted a review of Dan Burk’s piece, Do Patents Have Gender?  Dr. Tait writes: While Burk would like to separate gender realities from gender … Continue reading

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Nancy Cantalupo on “Persistent Problem of Campus Sexual Violence”

Forthcoming this week in the Loyola University Chicago Law Journal is this article by Nancy Chi Cantalupo: “Burying Our Heads in the Sand: Lack of Knowledge, Knowledge Avoidance, and the Persistent Problem of Campus Peer Sexual Violence.” Here is the … Continue reading

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The Man Question: A Conference for Nancy Dowd

Professor Nancy Dowd, the Levin Chair in Family Law, at the University of Florida has published a terrific new book called The Man Question. I am very pleased to announce that scholars who study law’s relationship to masculinities and manliness, … Continue reading

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Reid on “Sex, Drugs, and American Jurisprudence”

Susan Reid (J.D. Columbia, 2011) has posted to SSRN her working paper “Sex, Drugs, and American Jurisprudence: The Medicalization of Pleasure.”  Here is the abstract: This paper explores the role of medical arguments in cases where courts have overturned statutes … Continue reading

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Research Resource: Gender Jurisprudence Collections at American University

Earlier this semester, the War Crimes Research Office and the Women and International Law Program at American University Washington College of Law announced the launch of the Gender Jurisprudence Collections (GJC).  Here is an excerpt from the school’s press release: … Continue reading

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Swan on “A New Tortious Interference with Contractual Relations: Gender and Erotic Triangles in Lumley v. Gye”

Sarah Swan (JSD Candidate, Columbia) has posted to SSRN her article, A New Tortious Interference with Contractual Relations: Gender and Erotic Triangles in Lumley v. Gye, forthcoming in the Harvard J. of L. & Gender.  Here is the abstract: The … Continue reading

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