Category Archives: Feminist Legal Scholarship

Article of Interest: Josephine Ross’ Blaming the Victim: ‘Consent’ Within the Fourth Amendment and Rape Law

It used to be that courts applied an objective definition of consent in rape prosecutions. This was because of traditional force and resistance requirements:   First, courts interpreted the element of force to require that the man overpower the woman or … Continue reading

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Posted in Academia, Feminist Legal Scholarship | 1 Comment

Joslin on “Protecting Children(?): Marriage, Gender, and Assisted Reproductive Technology”

Courtney Joslin (UC Davis) has posted to SSRN her new piece, Protecting Children(?): Marriage, Gender, and Assisted Reproductive Technology, 83 S. Cal. L. Rev. 1177 (2010). Here is the abstract: The Supreme Court has declared that children should not be penalized based … Continue reading

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Posted in Feminism and Medicine, Feminism and Technology, Feminist Legal Scholarship, Reproductive Rights | 1 Comment

Villanova Law and Literature Conference September 30-October 2, 2010

From Penny Pether (Villanova), this announcement that Villanova will hold its second annual law and literature symposium September 30 – October 2, 2010: Panel presentations will include eighteen selected papers by graduate students and professors in law or the humanities. … Continue reading

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Gerzog on “More QTIP Mischief”

If it weren’t for Wendy Gerzog (Baltimore), I don’t think I would have figured out a way to combine my interests in three subject matters — taxation; wills, trusts and estates; and feminist theory.  Her 1993 article The Marital QTIP … Continue reading

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Humbach Podcast on “Sexting and the First Amendment”

My colleague John Humbach has a podcast here discussing many of the issues he raises in his article, Sexting and the First Amendment, 37 Hastings Const. Law Q. 433 (2010).  Here’s a description of the podcast: Sexting is a new … Continue reading

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Posted in Feminism and Technology, Feminist Legal Scholarship, Pornography's Harms | 1 Comment

Dowd on “The Man Question: Male Subordination and Privilege”

Feminist Law Prof Nancy Dowd (U Florida) has just published new book about the intersection of masculinities scholarship and feminism. The Man Question: Male Subordination and Privilege its hot off the NYU presses.  Here‘s the publisher’s description: Among the many … Continue reading

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Duncan on Sexting

 Susan Duncan (Louisville) has posted to SSRN her working paper, "A Legal Response is Necessary for Self Produced Child Pornography: A Legislator’s Checklist for Drafting the Bill."  Here is the abstract: This Article explores self produced child pornography, known in … Continue reading

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Ringhand on Supreme Court Nomination Process

Today’s New York Times has a long article (here) discussing the empirical work of Feminist Law Professor Lori Ringhand (University of Georgia) and her co-author Paul M. Collins, Jr. (Political Science, U. of N. Texas).  Here’s how the Times summarizes: … Continue reading

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Overview of Lisa Pruitt’s Recent Work on Geography, Poverty and Equality

Professor Lisa R. Pruitt (UC Davis) has published two articles that study poverty and its consequences in relation to place. In particular, she brings together the socio-geographic concept of spatial inequality (adding "where?" to the core sociological inquiry "who gets … Continue reading

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Joslin on “Travel Insurance: Protecting Lesbian and Gay Parent Families Across State Lines”

Courtney Joslin (UC Davis) has posted to SSRN her article, Travel Insurance: Protecting Lesbian and Gay Parent Families Across State Lines, 41 Harv. L. & Pol’y Rev. 31 (2010).  Here is the abstract: Until recently, when a lesbian couple had … Continue reading

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Brooks on “The Potential for Feminist Analysis of International Revenue Allocation”

Kim Brooks (McGill) has posted to SSRN her article “Global Distributive Justice: The Potential for Feminist Analysis of International Revenue Allocation,” 21 Canadian J. of Women & L. 267 (2009). Here is the abstract: This article has a modest aim … Continue reading

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Huntington on “Purple Haze”

Clare Huntington (Colorado) has posted to SSRN her review essay Purple Haze, __ Mich. L. Rev. (forthcoming), a review of Naomi Cahn and June Carbone’s Red Families v. Blue Families.  Here is the abstract: In this age of vitriolic politics, it … Continue reading

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Posted in Feminism and Families, Feminist Legal Scholarship | 1 Comment

Latest Issue of “Feminist Periodicals”

The most recent issue of Feminist Periodicals is available here, courtesy of the excellent Phyllis Holman Weisbard, University of Wisconsin System Women’s Studies Librarian, and her staff.  The most recent issue is  a 240+ page compilation of the tables of … Continue reading

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Posted in Feminist Legal Scholarship | 1 Comment

Choudhury on “Globalizing the Margins”

Cyra Akila Choudhury (FIU) has posted to SSRN her article “Globalizing the Margins: Legal Exiles in the War on Terror and Liberal Feminism’s War for Muslim Women,” 9 Int. Rev.   of   Constitutionalism (2010)Here is the abstract: In the … Continue reading

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Cooper on “When Machismo Meets Post-Racialism: The Gates Controversy”

Frank Rudy Cooper (Suffolk) has posted to SSRN his working paper, “When Machismo Meets Post-Racialism: The Gates Controversy.”   Here is the abstract: On Thursday, July 16, 2009, white male police officer James Crowley was called to the home of … Continue reading

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Ninth Circuit Cites Ben-Asher on Commercial Surrogacy Prohibition

In a decision last week, the United States Court of Appeals for the Ninth Circuit cited the work of my excellent  colleague Noa Ben-Asher.      Coyote Publishing v. Miller, 2010 U.S. App. LEXIS 5182 (9th Cir. 2010) involved a … Continue reading

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Vulnerability, Resilience, and the State: A Feminism and Legal Theory Project Workshop:March 19 – 20, 2010 at Emory

Vulnerability, Resilience, and the State A Feminism and Legal Theory Project Workshop:March 19 – 20, 2010 575 Gambrell Hall Emory University School of Law 1301 Clifton Road, Atlanta GA 30322 Friday, March 19, 2010 4:00 pm – 6:30 pm – … Continue reading

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Rigel Christine Oliveri, “Discriminatory Housing Advertisements On-Line: Lessons from Craigslist”

The Abstract: The Fair Housing Act makes it illegal to publish discriminatory housing advertisements. This has long been applied to newspapers, which have effectively screened all discriminatory housing ads from sight. However, in 1996 Congress created a loophole when it … Continue reading

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Egerman on “Avoiding Confrontation”

Mark Egerman (Staff Counsel, National Abortion Federation) has posted to SSRN his working paper, “Avoiding Confrontation,” a a feminist critique of evidence law.  Here is a portion of the abstract: This article takes seriously Justice Scalia’s facetious aside in Giles … Continue reading

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CFP:”New Voices in Gender Studies”

Call for Papers Announcement AALS Section on Women in Legal Education “New Voices in Gender Studies” 2011 AALS Annual Meeting January 4-8, 2011 San Francisco, California The AALS Section on Women in Legal Education will hold a program during the … Continue reading

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Meredith Render, “Gender Rules”

Abstract: Sex-stereotypes are of perennial concern within antidiscrimination law and theory, yet there is widespread disagreement about what constitutes a”sex-stereotype.”This article enters the debate surrounding the correct understanding of”stereotype”and posits that the concept is too thin to serve as a … Continue reading

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

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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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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