Category Archives: Feminist Legal Scholarship

Report on AALS Midyear Meeting Workshop on “Next Generation Issues of Sex, Gender, and the Law”

The AALS’s 2015 Midyear Meeting Workshop on “Next Generation Issues of Sex, Gender, and the Law” concluded Friday in Orlando.  It was one of the best substantive programs I have attended in many years.  The quality of the speakers was … Continue reading

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The Influence of the Internet, Social Norms, and Law On Girls and Young Women

Jane Bailey, University of Ottawa, Common Law Section, is publishing A Perfect Storm: How the Online Environment, Social Norms and Law Shape Girls’ Lives in eGirls eCitizens (Jane Bailey and Valerie Steeves, eds; Ottawa, University of Ottawa Press, 2015). Here … Continue reading

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Corbin on “Intentional Discrimination in Establishment Clause Jurisprudence”

Caroline Mala Corbin (Miami) has posted to SSRN her paper, Intentional Discrimination in Establishment Clause Jurisprudence, forthcoming in the Alabama Law Review.  Here is the abstract: In Town of Greece v. Galloway, the Supreme Court upheld a legislative prayer practice … Continue reading

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Corbin on “Exploiting Mixed Speech”

Caroline Mala Corbin (Miami) has posted to SSRN her essay, Exploiting Mixed Speech, 103 Cal. L. Rev. Circuit (forthcoming 2015).  Here is the abstract: The Supreme Court has been taking advantage of mixed speech – that is, speech that is … Continue reading

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The Battered Woman Syndrome In Canadian Criminal Law

Elizabeth A. Sheehy, University of Ottawa, Common Law Section, has published Defending Battered Women on Trial, at Defending Battered Women on Trial: Lessons From the Transcripts 1 (Vancouver: UBC Press, 2014). Here is the abstract. In the landmark Lavallee decision … Continue reading

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ABA Journal Coverage of “Feminist Judgments” Project

The February 2015 print edition of the ABA Journal gives a nice shout-out to the forthcoming Feminist Judgments book in an article by Leslie A. Gordon, New Project Rewrites SCOTUS Opinions from a Feminist Perspective.  Here is an excerpt: More … Continue reading

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On Libertarian Feminism

Over at libertarianism.org, author Elizabeth Nolan Brown writes about “Carceral Feminism and the Libertarian Alternative.” Here is an excerpt: [A]s ideologies and movements, libertarianism and feminism have a lot to offer one another. Not every libertarian matter is necessarily a … Continue reading

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Reimagining VAWA in Service of Progressive Reform

The year 2014 marked the 20th anniversary of the federal Violence Against Women Act (VAWA).  That milestone presented an opportunity to critically reflect on current gender-violence policy, and to build on shared critiques to flesh out an alternative agenda.  In … Continue reading

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Courtney Joslin, “Leaving No (Nonmarital) Child Behind”

Courtney Joslin (UC Davis) has posted to SSRN her article, Leaving No (Nonmarital) Child Behind, 48 Fam. L. Q. 495 (2014).  Here is the abstract: Almost ten years, in 2005, I wrote a piece for the Family Law Quarterly describing … Continue reading

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Jamie Abrams, “The Illusion of Autonomy in Women’s Medical Decision-Making”

Jamie R. Abrams (Louisville) has posted to SSRN her article, The Illusion of Autonomy in Women’s Medical Decision-Making, 42 Fla. St. U. L. Rev. 1 (2015).  Here is the abstract: This article considers why there is not more conflict between … Continue reading

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Heen, “Nondiscrimination in Insurance: The Next Chapter”

Mary Heen (Richmond) has posted to SSRN her article, Nondiscrimination in Insurance:  The Next Chapter,  49 Georgia L. Rev. 1 (2014).  Here is the abstract: For nearly 150 years, American insurance companies have engaged in race and gender pricing practices … Continue reading

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Balkinization Roundtable on Clare Huntington’s “Failure to Flourish: How Family Law Undermines Family Relationships””

There’s been a symposium over at Balkinization about Clare Huntington’s book, Failure to Flourish: How Family Law Undermines Family Relationships.  A round-up of all the posts is here. -Bridget Crawford

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Canadian Journal of Women and the Law Welcomes a New English Language Editor

From the mailbox: Canadian Journal of Women and the Law/Revue Femmes et Droit welcomes a new English language editor, Natasha Bakht.Co-editorship of the CJWL is currently shared by Associate Professor Natasha Bakht from the Faculty of Law at University of … Continue reading

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Herma Hill Kay Receives AALS Section on Women in Legal Education Ruth Bader Ginsburg Lifetime Achievement Award for 2015

From the mailbox: The AALS Section on Women in Legal Education is delighted to announce that Professor Herma Hill Kay, the Barbara Nachtrieb Armstrong Professor of Law at UC Berkeley School of Law, is the 2015 recipient of the AALS Section … Continue reading

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Women of Color In Legal Education

Carmen G. Gonzalez, Seattle University School of Law, has published Women of Color in Legal Education: Challenging the Presumption of Incompetence in the Federal Lawyer (July 2014). Here is the abstract. Female law professors of color have become the canaries … Continue reading

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Feminist Aesthetics and IP

Carys J. Craig, Osgoode Hall Law School, is publishing Feminist Aesthetics and Copyright Law: Genius, Value, and Gendered Visions of the Creative Self in Protecting and Promoting Diversity with Intellectual Property Law (Cambridge: Cambridge University Press, forthcoming). Here is the … Continue reading

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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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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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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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