Category Archives: Feminist Legal Scholarship

The Feminist Theory Papers at Brown University’s Pembroke Center

From the official website: The Feminist Theory Papers is an exceptional archival collection representing scholars who have transformed their disciplines and the intellectual landscape of universities in the United States and internationally. This focused and coherent manuscript collection is indispensable … Continue reading

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Krawiec on “A Woman’s Worth”

Feminist Law Prof Kim Krawiec (Duke) has posted to SSRN a draft of her working paper, “A Woman’s Worth.” Here is the abstract: This Article examines three traditionally”taboo trades”: (1) the sale of sex, (2) compensated egg donation, and (3) … Continue reading

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Bernstein on “Pecuniary Reparations Following National Crisis”

Feminist Law Prof Anita Bernstein (Brooklyn) has posted to SSRN her article, “Pecuniary Reparations Following National Crisis: A Convergence of Tort Theory, Microfinance, and Gender Equality,” 31 U. Pa. J. Int’l L. 1 (2009).  Here is the abstract: Governments around … Continue reading

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Where are the Women? Not Among 80+% of Illinois Law Review Authors

Looking at the professional articles (not student notes)  published by the Illinois Law Review in years 2007, 2008 and 2009, I count: 72 total articles published 90 total authors published 10 single-author articles published by women 6 multiple-author articles with … Continue reading

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Posted in Academia, Feminist Legal Scholarship, Where are the Women? | 3 Comments

Austin on “Women’s Unequal Citizenship at the Border”

Regina Austin (Penn) has posted to SSRN her book chapter, “Women’s Unequal Citizenship at the Border: Lessons from Three Nonfiction Films about the Women of Juárez,” forthcoming in Gender Equality: Dimensions of Women’s Equal Citizenship, edited by Linda McClain and … Continue reading

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Posted in Feminism and Culture, Feminism and the Arts, Feminist Legal Scholarship, Sisters In Other Nations | 1 Comment

NWSA Journal Reconfigured as “Feminist Formations”

The National Women’s Studies Association Journal has a “new name, a new look, and a new Web site,” here. -Bridget Crawford

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Joslin on “The Evolution of the American Family”

Courtney Joslin (UC Davis) has posted to SSRN her short article, “The Evolution of the American Family,” published in the Summer 2009 issue of the ABA Human Rights magazine.  Here is a portion of the abstract: This short piece examines … Continue reading

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Caroline Mala Corbin, “Ceremonial Deism and the Reasonable Religious Outsider”

Abstract: State invocations of God are common in the United States; indeed, the national motto is”In God We Trust.”Yet the Establishment Clause forbids the state from favoring some religions over others. Nonetheless, courts have found the national motto and other … Continue reading

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Posted in Academia, Feminism and Religion, Feminist Legal Scholarship | 1 Comment

Request for Information about Institutional Support for Feminist Legal Theory

For an essay I’m writing on the political economy of feminist legal theory, I’m interested in knowing about ongoing   institutional support in law schools for developing and disseminating feminist legal theory, whether aimed at students, faculty or practitioners.   … Continue reading

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Homo Economicus and Fem Eticus ?

Yuval Feldman and I have been studying the behavior of individuals in the face of organizational corruption and misconduct. In our recent article, we report on a series of experiments looking at the effect of incentives on the decision to … Continue reading

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Article of Interest: Diversity and Discrimination: A Look at Complex Bias by Minna Kotkin

Back in September, I posted an entry about the Seventh Circuit’s failure to recognize a “sex plus” or “gender plus” theory of discrimination in its recent opinion in Coffman v. Indianapolis Fire Dept., 2009 WL 2525762 (7th Cir. 2009), a … Continue reading

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Posted in Academia, Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace, Feminist Legal Scholarship | Comments Off

On Forging Sustainable Parental Bonds.

Last Sunday’s New York Times Magazine cover story, Who Knew I was Not the Father?, discusses the complexities of identifying which men to label as”fathers.” The article told the heartbreaking stories of men who believed that they were the biological … Continue reading

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Posted in Feminism and Families, Feminism and Law, Feminism and Technology, Feminist Legal Scholarship | 2 Comments

Jennifer M. Keighley, “Health Care Reform and Reproductive Rights: Sex Equality Arguments for Abortion Coverage in a National Plan”

Abstract: The national health insurance reform effort threatens to reduce the number of women who have health insurance coverage for abortions. Instead of evaluating whether the Supreme Court would invalidate restrictions on coverage, I employ a model of legislative constitutionalism … Continue reading

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Adam Candeub and Mae Kuykendall, “E-Marriage: Breaking the Marriage Monopoly”

From this press release: “Michigan State University College of Law Professors Adam Candeub and Mae Kuykendall announce the creation of the Legal E-Marriage Project, a clearinghouse for legislative proposals to institute “e-marriage.” Their proposal has the potential to alter the … Continue reading

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Posted in Feminism and Families, Feminism and Law, Feminist Legal Scholarship, From the FLP mailbox, LGBT Rights | 1 Comment

Pruitt on Latina/os, Locality, and the Law in the Rural South

Feminist Law Prof Lisa Pruitt (UC Davis) has published her essay Latina/os, Locality, and Law in the Rural South,  at 12 Harv. Latino L. Rev. 135-169 (2009).  Here is the abstract: In this era of municipal anti-immigrant ordinances and federal-local … Continue reading

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CFP: The University of Baltimore School of Law’s Center on Applied Feminism seeks submissions for its Third Annual Feminist Legal Theory Conference.

This year’s theme is: Applied Feminism and Marginalized Communities. For more information about the conference, please visit our website. This conference seeks to explore the following questions: What do we mean by”marginalized communities”and what purposes does that designation serve? How … Continue reading

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Posted in Call for Papers or Participation, Feminist Legal Scholarship, Feminists in Academia, Upcoming Conferences | 1 Comment

Joslin on “Interstate Recognition of Parentage in a Time of Disharmony”

Feminist Law Prof Courtney Joslin (UC Davis) has posted to SSRN her article, “Interstate Recognition of Parentage in a Time of Disharmony: Same-Sex Parent Families and Beyond,” 70 Ohio St. L.J. 557 (2009).   Here is the abstract: In a … Continue reading

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Manian on “Informed Consent and Abortion Decision-Making”

Feminist Law Prof Maya Manian (USF) has posted to SSRN her article, “The Irrational Woman: Informed Consent and Abortion Decision-Making.” which appears in the Duke Journal of Gender Law & Policy.  Here is the abstract: In Gonzales v. Carhart, the … Continue reading

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Ben-Asher Reviews Butler & Spivak

Noa Ben-Asher, my fabulous new colleague at Pace (and Feminist Law Prof), has published her review essay, Who Says ‘I Do’? in the Yale Journal of Law & Feminism.  Professor Ben-Asher reviews Judith Butler & Gayatri Spivak’s book, Who Sings … Continue reading

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10 Most Important Intellectual Moves in 21st Feminist Legal Theory (So Far)

What are the most important trends/questions/ideas/theoretical moves in feminist legal theory since the year 2000? That’s the question two friends and I discussed today as we were car-pooling to a conference.  Here is a back-of-the-envelope list that comes out of … Continue reading

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Posted in Academia, Feminist Legal Scholarship | 6 Comments

CFP: Feminist Law Teachers Conference, Saturday, Nov. 21 at Temple Law School

The 17th Annual Conference of The Delaware Valley, Pennsylvania, Ohio, and West Virginia Feminist Law Teachers will take place on Saturday, November 21st at Temple University Law School from approximately 8:45 AM to 4:30 PM. The Conference has always been … Continue reading

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Posted in Call for Papers or Participation, Feminist Legal Scholarship, Feminists in Academia, Upcoming Conferences | 4 Comments

LOC Provides On-Line Orientation to Its Website

Here’s news of opportunities to learn (or learn better) how to use the on-line collections at the Library of Congress: The Digital Reference Section (DRS) conducts a free one-hour orientation, monthly on the second Wednesday at 11 a.m. – noon, … Continue reading

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Why Gender Still Matters

Gender still matters, judging by events of recent months, such as President Obama establishing a White House Council on Women and Girls, to make sure that all federal agencies”take into account the particular needs and concerns of women and girls”and … Continue reading

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Posted in Courts and the Judiciary, Feminism and Law, Feminist Legal Scholarship, Sisters In Other Nations | Comments Off

Deborah L. Rhode, The Injustice of Appearance

INTRODUCTION “It hurts to be beautiful”is a cliché I grew up with.”It hurts not to be beautiful”is a truth I acquired on my own. But not until finishing the research that led to this Article did I begin to grasp … Continue reading

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The Margaret Sanger Papers Project

A lot gets written and said about Margaret Sanger. This NYU archive provides readers with access to her actual words. It also offers rebuttals to mischaracterizations of her views, and other information about Sanger and her work. –Ann Bartow

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Posted in Feminism and Law, Feminist Legal History, Feminist Legal Scholarship, Reproductive Rights | 1 Comment

LatCrit XIV Scholarship Conference and SALT/LatCrit Annual Faculty Development Workshop Preliminary Program Released

The full preliminary program for the 14th Annual Latino/a Critical Legal Theory Conference – LatCrit XIV, hosted by the American University Washington College of Law from October 1 – 4, 2009 has been released.   It is here. Our conference … Continue reading

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Buzuvis on “Title IX Retaliation Cases and Women’s Leadership in College Sport”

Feminist Law Prof Erin Buzuvis (Western New England) and Title IX blogger has posted to SSRN her working paper, “Sidelined: Title IX Retaliation Cases and Women’s Leadership in College Sport.”  Here is the abstract: This Article examines the retaliation cases … Continue reading

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Reg Graycar and Jenny Jane Morgan, “Equality Rights: What’s Wrong?”

Abstract: In 2009, Australia is debating whether to have a national bill of rights and remains one of the last western democracies that has not yet legislated for (or indeed constitutionally entrenched) some form of human rights law. Nor is … Continue reading

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Posted in Feminism and Law, Feminist Legal Scholarship, Sisters In Other Nations | 1 Comment

Caroline Bettinger-Lopez, “Human Rights at Home: Domestic Violence as a Human Rights Violation”

The abstract: In 2005, Jessica Lenahan (formerly Gonzales) initiated the first international legal action against the United States for violating the human rights of a domestic violence victim. Ms. Lenahan’s petition to the Inter-American Commission on Human Rights, Jessica Gonzales … Continue reading

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Rosenblum on “Feminizing Capital: A Corporate Imperative”

Feminist Law Prof Darren Rosenblum has posted to SSRN his article, “Feminizing Capital: A Corporate Imperative.”  Here’s the abstract: The economic crisis has upended the divide between the public sector and the corporate world, as governments engage in mass intervention … Continue reading

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Posted in Feminist Legal Scholarship, Women and Economics | 1 Comment

Where are the Women? Not in 77 GEORGE WASHINGTON LAW REVIEW, NO. 3, APRIL, 2009, that’s for sure.

The George Washington Law Review, Issue 77:3 (April 2009) Articles Matthew I. Hall, The Partially Prudential Doctrine of Mootness, 77 Geo. Wash. L. Rev. 562 (2009) [PDF] Anthony J. Colangelo, “De facto Sovereignty”: Boumediene and Beyond, 77 Geo. Wash. L. … Continue reading

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Posted in Academia, Feminist Legal Scholarship, The Underrepresentation of Women | Comments Off

Government Document Specialist’s “Open Letter to White House Council on Women & Girls”

Beth Harper, Government  Publications Reference Librarian at University of Wisconsin’s Memorial Library,  has published an “Open Letter to the New White House Council on Women & Girls re: Federal Government Websites for Women.”  The letter is a review of websites … Continue reading

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Kornhauser on “Gender and Capital Gains Taxation”

Marjorie Kornhauser (Arizona State) has posted to SSRN her paper, “Gender and Capital Gains Taxation.”  Here is the abstract: Most countries grant capital gains preferential treatment under their income tax laws by either excluding them from taxation or taxing them … Continue reading

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Lani Guinier and Susan Sturm, “Trial by Firefighters”

From the NYT: STANDING on the steps of the federal courthouse in New Haven, the lawyer Karen Torre reveled in her clients’ victory in a recent case before the Supreme Court. She anointed her clients : the white firefighters who … Continue reading

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Posted in Academia, Feminism and the Workplace, Feminist Legal Scholarship, Feminists in Academia, Race and Racism | 3 Comments

Susan Williams on “Feminist Theory and Freedom of Speech”

Susan Williams, the William W. Foskett Professor of Law at Indiana Maurer School of Law has published her article, Feminist Theory and Freedom of Speech, 84 Ind. L.J. 999 (2009). The article was previously  published in French as Theorie feministe … Continue reading

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Law and the Clitoris

If your faculty is not ready to offer that particular “Law and …” course, do not despair. Read Susan Frelich Appleton’s article “Toward a ‘Culturally Cliterate’ Family Law?” 23 Berkeley J. Gender, L. and Justice 267 (2008).  The article is … Continue reading

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Abrams and Brooks on “Marriage as Message”

Feminist Law Prof Kerry Abrams (UVa) and her co-author Peter Brooks  (Yale, Comp. Lit.) have posted to SSRN their article, “Marriage as a Message: Same-Sex Couples and the Rhetoric of Accidental Procreation.”   Here is the abstract: In his dissent … Continue reading

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Hendricks on “Contingent Equal Protection”

Feminist Law Prof Jennifer Hendricks (Tennessee) has posted to SSRN her article, “Contingent Equal Protection.”  Here is the abstract: The Supreme Court’s decision in Parents Involved in Community Schools v. Seattle School District #1 has been extensively analyzed as the … Continue reading

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Audacious Man

At the University of Baltimore’s second annual  Feminist Legal Theory conference in March 2009, Mae Quinn, Jennifer Hendricks and Karla McKanders did a fantastic workshop on creating space for feminist scholarship.  They encouraged all of us to be audacious (in … Continue reading

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Mary Anne Franks, “Unwilling Avatars: Sexual Harassment in Cyberspace”

Abstract: This Article analyzes the growing phenomenon of cyberspace harassment, offering an innovative legal response to it not previously advanced by scholarship on the subject. This Article identifies cyber harassment as a form of “forced embodiment” that reinforces already existing … Continue reading

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Live Blogging “Challenging Gender Inequality in Tax Policy Making”

Today and tomorrow the International Institute for the Sociology of Law in Onati, Spain hosts a workshop on “Challenging Gender Inequality in Tax Policy Making.” Workshop organizers are Asa Gunnarsson (Department of Law, Umea University, Sweden), Lisa Phillipps (Osgoode Hall … Continue reading

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Posted in Feminist Legal Scholarship, Sisters In Other Nations, Women and Economics | 1 Comment

Media Source for Berlin Images 1989-1990 (and Tangential Thoughts on Feminism’s Focus)

The Deutsche Kinemathek Museum for Film and Television and the Bundeszentrale für politische Bildung (Federal Agency for Civic Education) are collaborating on the “Internet Archive,” an on-line resource for film, television footage and photography from Germany in 1989 and 1990. … Continue reading

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Sarah B. Lawsky and Naomi Cahn, “Embryo Exchanges and Adoption Tax Credits”

Abstract: The”Option of Adoption Act,”a Georgia bill introduced by a staunchly anti-abortion Georgia state representative, establishes procedures for genetic donors to relinquish their rights to embryos before birth and permits, but does not require, embryo recipients to petition a court … Continue reading

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Linda C. McClain, “Red Versus Blue (and Purple) States and the Same-Sex Marriage Debate: From Values Polarization to Common Ground?”

The abstract: What is the role of courts in circumstances of “values polarization”? The framing of this question brings to mind, but differs from, some familiar inquiries about the judicial role in circumstances of conscientious moral disagreement or value pluralism … Continue reading

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Robson on “A Servant of One’s Own: The Continuing Class Struggle in Feminist Legal Theories and Practices”

Ruthann Robson (CUNY) has posted to SSRN her essay,  ”A Servant of One’s Own: The Continuing Class Struggle in Feminist Legal Theories and Practices.”  Here is the abstract: This essay considers the role of feminist legal theories in confronting the … Continue reading

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Murray on “Marriage Rights and Parental Rights: Parents, the State, and Proposition 8″

Feminist Law Prof Melissa Murray (Berkeley) has posted to SSRN her article, “Marriage Rights and Parental Rights: Parents, the State, and Proposition 8.”  Here is the abstract: On November 4, 2008, 52% of Californians voted for Proposition 8, a ballot … Continue reading

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“It wasn’t singer Susan Boyle who was ugly on Britain’s Got Talent so much as our reaction to her”

Tanya Gold in The Guardian: … When Susan had finished singing, and Piers had finished gasping, he said this. It was a comment of incredible spite. “When you stood there with that cheeky grin and said, ‘I want to be … Continue reading

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What the United States Postal Service Understands that Michigan Law Review Doesn’t

The United States Postal Service seems to understand — in a way that the Michigan Law Review doesn’t (see here) — that gender balance is important.  In choosing “Civil Rights Pioneers” to honor in its commemorative stamp series above, the … Continue reading

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Posted in Feminist Legal History, Feminist Legal Scholarship, Feminists in Academia | 1 Comment

Infanti on “Dismembering Families”

Feminist Law Prof Tony Infanti (Pitt) has posted to SSRN his article Dismembering Families.  Here is the abstract: In this paper, I explore how the deduction for extraordinary medical expenses, codified in I.R.C. section 213, furthers domination in American society. … Continue reading

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