Category Archives: Feminist Legal Scholarship

Murray’s “Foul Paper” on Kozinski, “Draft of a Letter of Recommendation”

Yxta Maya Murray (Loyola LA) has posted to SSRN her powerful essay Draft of a Letter of Recommendation to the Honorable Alex Kozinski, Which I Guess I’m Not Going to Send Now, 25 Michigan Journal of Gender & Law 59 … Continue reading

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Waldman on “The Preferred Preferences”

Emily Gold Waldman (Pace) has posted to SSRN her article The Preferred Preferences, (forthcoming, 97 North Carolina Law Review (2018)).  Here is the abstract: In theory, customer preferences cannot justify discriminatory treatment by employers. The reality is more complicated. Built … Continue reading

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Gilman and Green on “The Surveillance Gap”

Michele E. Gilman (Baltimore) & Rebecca Green (William & Mary) have posted to SSRN their article The Surveillance Gap: The Harms of Extreme Privacy and Data Marginalization, 42 NYU Rev. L. & Soc. Change 253 (2018). Here is the abstract: … Continue reading

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Kukura on “Obstetric Violence” in @GeorgetownLJ

Elizabeth Kukura (VAP, Drexel) has posted to SSRN her article Obstetric Violence, 106 Geo. L.J. 721 (2018).  Here is the abstract: Maternity care in the United States is in a state of crisis, characterized by high cesarean rates, poor performance … Continue reading

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Maynard on “How the NCAA Infringes on the Freedom of Families”

Goldburn P. Maynard Jr. (Louisville) has published in the Wisconsin Law Review Online his essay “They’re Watching You: How the NCAA Infringes on the Freedom of Families.”  Here is an excerpt: This Essay argues that the NCAA’s surveillance of the … Continue reading

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Henderson on “The Intersectional Life and Times of Lutie A. Lytle”

Taja-Nia Y. Henderson (Rutgers) has published a new article in the Iowa Law Review: ‘I Shall Talk to My Own People’: The Intersectional Life and Times of Lutie A. Lytle, 102 Iowa L. Rev. 1983 (2017). For those not familiar … Continue reading

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Campbell on “Women, Poverty, Equality The Role of CEDAW”

Meghan Campbell (University of Birmingham [U.K.]) has a new book published by Hart Publishing called Women, Poverty and Equality: The Role of CEDAW. Here is the publisher’s description: The stark reality is that throughout the world, women disproportionately live in … Continue reading

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Keeping Up With Feminist Scholarship in Other Disciplines

Feminist Periodicals is an online quarterly generated by the Office of Gender and Women’s Studies Librarian at the University of Wisconsin. It reprints the tables of contents of 150 (non-law) magazines and journals for researchers scanning the current literature in … Continue reading

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SSRN Just Added a “Women’s & Gender Studies Research Network”

The Social Science Research Network has launched a Women’s & Gender Studies Research Network with a robust list of topics and subtopics, as well as the customary Professional Announcements and Professional Job Openings. Although I remain wary of the future and operations … Continue reading

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Ben-Asher on Faith-Based Emergency Powers

Noa Ben-Asher (Pace) has posted to SSRN her article, Faith-Based Emergency Powers, forthcoming in the Harvard Journal of Law &  Gender. Here is the abstract: This Article explores an expanding phenomenon that it calls Faith-Based Emergency Powers. In the twenty-first … Continue reading

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Tait on “Corporate Family Law”

Allison Anna Tait (Richmond) has published Corporate Family Law, 112 Nw. U. L. Rev. 1 (2017).  Here is the abstract: There is no such thing as corporate family law. But there are corporate families, and corporate families fight. What happens … Continue reading

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CFP Feminist Judgments Project India, @FJP_India

From colleagues at Jindal Global Law School in India, this Call for Participation: The Feminist Judgment Project India imagines the possibilities of collaborative writing of alternate judgments for several Indian cases across a broad range of legal issues having a … Continue reading

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Corbin on “Government Employee Religion”

Caroline Mala Corbin (Miami) has posted to SSRN her article, Government Employee Religion, Arizona St. L.J. (forthcoming).  Here is the abstract: Picture a county clerk who refuses to issue a marriage license to an LGBT couple or a city bus … Continue reading

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Israeli Supreme Court Cites Feminist Law Profs in Opinion on Surrogacy

The Israel Supreme Court has cited three feminist law profs in an important decision (here — in Hebrew) regarding the constitutional right to enter into surrogacy agreements under Israeli law.  The scholars cited (in English) are: Gaia Bernstein (Seton Hall), … Continue reading

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New Book Announcements: Constitutions and Gender

Constitutions and Gender, a new book edited by Helen Irving (University of Sydney) has been published by Edward Elgar Publishing. Here is the publisher’s description: The idea that constitutions are gendered is not new, but its recognition is the product … Continue reading

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Goodmark on “Should Domestic Violence Be Decriminalized?”

Leigh Goodmark (Maryland) has posted to SSRN her article, Should Domestic Violence Be Decriminalized? 40 Harv. J. of L. & Gender 53 (2017).  Here is the abstract: In 1984, the United States started down a path towards the criminalization of … Continue reading

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Meier on “Mapping Gender: Shedding Empirical Light on Family Courts’ Treatment of Cases Involving Abuse and Alienation”

Joan Meier (GW) has posted to SSRN her article, Mapping Gender: Shedding Empirical Light on Family Courts’ Treatment of Cases Involving Abuse and Alienation, 35 Law & Ineq. 311 (2017). Here is the abstract: This article provides an empirical view … Continue reading

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An interesting essay, not quite sure the question posed is answered

In case it’s missed on this holiday weekend (for those who feel like celebrating America), a piece in today’s Chronicle of Higher Ed, Can Feminist Scholarship Stop Sexism?, by Becca Rothfeld, a new Ph.D. candidate in philosophy at Harvard, is worthy of … Continue reading

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Ben-Asher on “In the Shadow of a Myth: Bargaining for Same-Sex Divorce

Noa-Ben Asher (Pace) has posted to SSRN her article “In the Shadow of a Myth: Bargaining for Same-Sex Divorce,” forthcoming in 78 Ohio St. L.J. (2017).  Here is the abstract: This Article identifies and offers solutions to an emerging problem … Continue reading

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What We Know (and Don’t Know) About the Tax Code’s Impact on Small Businesses Owned by Women

Caroline Bruckner, an Executive in Residence, Department of Accounting and Taxation at the Kogood School of Business (American University), has published a report entitled Billion Dollar Blind Spot: How the U.S. Tax Code’s Small Business Expenditures Impact Women Business Owners. It … Continue reading

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New Book Announcement: “Gender Equality in Law” by Barbara Havelková

Hart Publishing has just released Gender Equality in Law: Uncovering the Legacies of Czech State Socialism by Barbara Havelková, the Shaw Foundation Fellow in Law at the University of Oxford. Here is the publisher’s description of the book: Gender equality … Continue reading

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Announcing the Publication of Feminist Judgments: Rewritten Opinions of the United States Supreme Court

I am excited to announce that Feminist Judgments: Rewritten Opinions of the United States Supreme Court has been published by Cambridge University Press.  This volume, edited by Kathy Stanchi (Temple), Linda Berger (UNLV) and me includes contributions from over 50 … Continue reading

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Areheart on “The Symmetry Principle”

Brad Areheart (Tennessee) has posted to SSRN his working paper “The Symmetry Principle.” Here an abstract. Antidiscrimination principles have been studied and written about for decades. Surprisingly, the question of how some laws protect symmetrically, while others protect asymmetrically, has … Continue reading

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Higdon on “Divorce and the Serial Monogamist: The Ex Ante Consequences of Legalized Polygamy”

Michael Higdon (Tennessee) has posted to SSRN his paper, Divorce and the Serial Monogamist: The Ex Ante Consequences of Legalized Polygamy.  Here is the abstract: The question of whether the fundamental right to marry might also include the right to … Continue reading

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Jamie Abrams on “Women’s Acts of Violence”

Jamie Abrams (Louisville) has posted to SSRN her article The Feminist Case for Acknowledging Women’s Acts of Violence, Yale J. Law & Feminism 101 (2016). Here is the abstract: This Article makes a feminist case for acknowledging women’s acts of … Continue reading

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Exclusive Review Opportunity at Penn State Law Review

From the students at the Penn State Law Review: The Penn State Law Review is conducting a direct article review to fill positions in Volume 121: Issue 1 and 2. Any article submitted to this review between now and May 9th will … Continue reading

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Studies in Law, Politics, and Society: Special Feminist Legal Theory Issue

A new issue of the interdisciplinary journal Studies in Law, Politics, & Society is devoted to feminist legal theory. Here’s an excerpt from the Intro: Half a century after the beginning of the second wave, feminist legal theorists are still … Continue reading

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Posted in Academia, Feminist Legal Scholarship | 1 Comment

Feminist Judgments: Rewritten Tax Opinions – Potential Cases

bumping to the front; February 29 deadline Cases that applicants to Feminist Judgments: Rewritten Tax Opinions may wish to consider (not an exhaustive list; all tax-related cases are appropriate for rewriting): U.S. v. Rickert, 188 U.S. 432 (1903) (tribal trust … Continue reading

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Tait on “The Return of Coverture”

Allison Anna Tait (Richmond) has posted to SSRN her essay, The Return of Coverture, 114 Mich. L. Rev. First Impressions (2016).  Here is the abstract: Once, the notion that husbands and wives were equal partners in marriage seemed outlandish and … Continue reading

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“How I Learned to Stop Writing for Old White Men”

That’s the title of this op-ed by Claire Vaye Watkins that appeared in the LA Times last month.  Here’s an excerpt: I’ve watched boys play drums, guitar, sing, watched them play football, baseball, soccer, pool, “Dungeons and Dragons” and “Magic: … Continue reading

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Lisa Pruitt’s Impact on Major Genocide Conviction

The work of Lisa Pruitt (UC Davis) is the subject of this story in the Sacramento Bee about the importance of Professor Pruitt’s work to securing a genocide convinction against Rwandan mayor Jean-Paul Akayesu: Pruitt moved to London in her … Continue reading

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Joshi, “The Respectable Dignity of Obergefell v. Hodges”

Yuvraj Joshi, the Peter and Patricia Gruber Fellow in Global Justice at Yale Law School, has posted to SSRN his essay, The Respectable Dignity of Obergefell v. Hodges, forthcoming in the California Law Review’s Circuit (online publication).  Here is an … Continue reading

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Areheart on “Accommodating Pregnancy”

Bradley Areheart (Tennessee) has posted to SSRN his forthcoming article, Accommodating Pregnancy, __ Alabama Law Review __ (2016).  Here is the abstract: Courts have interpreted the Americans with Disabilities Act (ADA) and the Pregnancy Discrimination Act (PDA) not to affirmatively … Continue reading

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A New Blog Devoted To the History of Women Lawyers

Bari Burke, University of Montana School of Law, has launched a new blog, Montana’s Early Women Lawyers: Trail-Blazing, Big Sky Sisters-In-Law.  Each post focuses on an interesting (and unknown) story about a female lawyer from the past, which Professor Burke … Continue reading

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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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