Category Archives: Feminist Legal Scholarship

“Contraception and Abortion”

In this FindLaw column Sherry Colb “discuss[es] a recent speech by a spokesperson for Feminists For Life (FFL), in which she said that FFL does not take a position on contraception (because some members favor it and some oppose). [Colb] … Continue reading

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Concurring Opinions is hosting a Symposium on Danielle Citron’s article “Cyber Civil Rights”

Frank Pasquale introduces it here and   here. Participants include: David Fagundes, Michael Froomkin, Nathaniel Gleicher, James Grimmelmann, Orin Kerr, Feminist Law Profs Nancy Kim and Susan Kuo, Daithí Mac Síthigh, Helen Norton, David Post, David Robinson and yours truly. … Continue reading

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Posted in Academia, Feminism and Law, Feminism and Technology, Feminist Legal Scholarship, Feminists in Academia | Comments Off

Media Coverage of the Verdict in Allison Williams v. Advertising Sex LLC

For background, go here. From an account at the HuffPo: … “I struggled every single day to maintain my law school studies, in the face of incredible stress and anxiety,” Williams said in a prepared statement. “Still, I refused to … Continue reading

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Moss and Huang on “How the New Economics Can Improve Discrimination Law, and How Economics Can Survive the Demise of the ‘Rational Actor’”

Feminist Law Professor Scott Moss (Colorado) and Peter H. Huang (Temple) have posted to SSRN their article, “How the New Economics Can Improve Discrimination Law, and How Economics Can Survive the Demise of the ‘Rational Actor.’” Here is a portion … Continue reading

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More Politics of Abortion: A Defense of Prof. Dawn Johnsen

Over at Balkinization, Andrew Koppelman writes: Dawn Johnsen, President Obama’s nominee to head the Office of Legal Counsel, has been accused of misrepresenting a position she took in litigation, and I have been cited as authority against Prof. Johnsen. On … Continue reading

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CFP: Special Issue of the International Feminist Journal of Politics: New Directions in Feminism and Human Rights.

International Feminist Journal of Politics seeks manuscripts for a special issue on new directions in feminism and human rights. We invite manuscripts that capture the invocation of human rights strategies and discourses by feminist advocates, activists and grassroots movements for … Continue reading

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Posted in Call for Papers or Participation, Feminism and Politics, Feminist Legal Scholarship, Feminists in Academia, From the FLP mailbox | Comments Off

Disaster Law Reader: Call For Papers

Editors: Kathleen A. Bergin and Tracy L. McGaugh Hurricane Katrina was unlike any other weather disaster to hit the United States in the way it exposed deficiencies in federal, state, and local disaster planning and management. It was also unique … Continue reading

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Gender Law Journals vs. Women’s Law Journals: What’s In a Name?

Inside HigherEd carried this interview  under the heading, “The Evolution of American Women’s Studies.”  In it, Alice E. Ginsberg, the editor of    The Evolution of American Women’s Studies: Reflections on Triumphs, Controversies and Change  (Palgrave Macmillan), talks about how … Continue reading

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Mary Anne Franks, “What’s Left of Pleasure? A Book Review of Janet Halley’s Split Decisions: How and Why to Take a Break from Feminism”

This book review appeared in 30 Harv. J. L. & Gender 257 (2007) Abstract: This book review critically evaluates Janet Halley’s “hedonics of critique,” a theoretical approach that prioritizes the celebration of pleasure over harm – harm that Halley claims … Continue reading

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Jonathan Todres, “Law, Otherness, and Human Trafficking”

Abstract: Despite concerted efforts to combat human trafficking, the trade in persons persists and, in fact, continues to grow. This article suggests that a central reason for the limited success in preventing human trafficking is the dominant conception of the … Continue reading

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Posted in Acts of Violence, Coerced Sex, Feminism and Law, Feminist Legal Scholarship, The Overrepresentation of Women | Comments Off

Octomom: Social Factoring the Numbers (Or, LCD meets OCD)

In recent weeks the airwaves have sizzled with stories about Nadya Suleman, the California woman who gave birth to octuplets conceived via assisted reproductive technology. In doing so, Suleman breached numerous mainstream social norms of motherhood. First and foremost, in … Continue reading

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Naomi Cahn and Jennifer M. Collins, “Eight is Enough”

The Abstract On January 26, 2009, the nation’s second set of live-born octuplets was delivered. The public fascination with this event quickly turned ugly when the media revealed that the mother was thirty-three year-old Nadya Suleman, who is single, unemployed, … Continue reading

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Murray on “Criminal Law, Family Law, and the Legal Construction of Intimate Life”

Feminist Law Prof Melissa Murray (Berkeley) has posted to SSRN her article, “Strange Bedfellows: Criminal Law, Family Law, and the Legal Construction of Intimate Life” (forthcoming, Iowa L. Rev.).  Here is the abstract:   This Article focuses on the relationship … Continue reading

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Multiple Anxieties: Breaching Race, Class & Gender Norms With Assisted Reproduction

Lolita Buckner Inniss (Cleveland-Marshall, Ain’t I a Feminist Legal Scholar, Too?, Visiting Prof at Pace Law School) and I have posted to SSRN our working paper, Multiple Anxieties: Breaching Race, Class and Gender Norms With Assisted Reproduction.  Here is the … Continue reading

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Posted in Feminism and Culture, Feminism and Families, Feminist Legal Scholarship, Race and Racism, Reproductive Rights, The Overrepresentation of Women, Women and Economics, Women's Health | Comments Off

Suzanne Kim on “Marital Naming/Naming Marriage”

Feminist Law Prof Suzanne A. Kim (Rutgers-Newark) has posted to SSRN her article, “Marital Naming/Naming Marriage: Language and Status in Family Law.”  Here is the abstract: What’s in a name? Based on current family law and policy debates, the answer … Continue reading

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Krawiec on “Price and Pretense in the Baby Market”

Feminist Law Prof Kim  Krawiec has posted to SSRN her essay  ”Price and Pretense in the Baby Market,”to be published in  Baby Markets: Money, Morals, and the Neopolitics of Choice (forthcoming Cambridge University Press 2009).  Here’s the abstract of the … Continue reading

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Polikoff Nominated for Judy Grahn Award

Feminist Law Prof Nancy Polikoff (American) has been nominated for The Publishing Triangle’s Judy Grahn Award for Lesbian Nonfiction for her excellent book Beyond Straight and Gay Marriage.  The Judy Grahn Award honors the American writer, cultural theorist and activist … Continue reading

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Posted in Feminist Legal Scholarship, LGBT Rights | 1 Comment

Kimberly D. Phillips, “My Body is a Sacred ‘Garment’: Does the First Amendment Protect Clothing Designers Who Work Naked?”

The abstract: A Warner Brothers employee, Ms. Lyle, sued the writers of the TV program, Friends, for sexual harassment because the writers used sexually explicit coarse and vulgar language during their script writing sessions for the show. In the Supreme … Continue reading

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Case and Nussbaum v. Posner

Listen to a podcast of critiques of Posnerian jurisprudence by U. of Chicago law professors Mary Ann Case and Martha Nussbaum right here, with a response by Posner. Neither Case nor Nussbaum drops the f-bomb, but the prospect must have … Continue reading

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Burkstrand-Reid on “The Invisible Woman”

Feminist Law Prof Beth Burkstrand-Reid (Illinois) has posted to SSRN her working paper  “The Invisible Woman: Availability and Culpability in Reproductive Health Jurisprudence.”  Here’s the abstract: Women’s health is widely assumed to be a central consideration in reproductive rights cases. … Continue reading

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FIRST ANNUAL INTERDISCIPLINARY CONFERENCE ON HUMAN TRAFFICKING October 29-31, 2009 University of Nebraska – Lincoln

FIRST ANNUAL INTERDISCIPLINARY CONFERENCE ON HUMAN TRAFFICKING: “WHAT WE KNOW AND WHAT WE NEED TO KNOW” The purpose of this conference is to bring together researchers from many disciplines, as well as government and non-governmental agencies who have responsibility for … Continue reading

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Posted in Acts of Violence, Coerced Sex, Feminism and Law, Feminist Legal Scholarship, Feminists in Academia, Upcoming Conferences | Comments Off

Live Blogging from W&M Privacy Symposium

Today the William & Mary Journal of Women and the Law hosts its symposium, “From the Courtroom to the Mother’s Womb: Protecting Women’s Privacy in the Most Important Places.”  Here’s the run-down from the morning’s program: Ann Bartow  (South Carolina) … Continue reading

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Posted in Acts of Violence, Feminism and Technology, Feminist Legal Scholarship, Reproductive Rights | 1 Comment

Columbia Journal of Gender & Law Symposium: Gender on the Frontiers: Confronting Intersectionalities

April 10, 2009       9:30 am – 5 pm Room 107 Jerome Greene Hall Columbia Law School Women Crossing Borders, 9:30 am Soraya Fata, Staff Attorney, Legal Momentum Sharmila Lodhia, Post-doctoral Fellow, Santa Clara University Jenni Milbank, Professor … Continue reading

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Posted in Academia, Feminist Legal Scholarship, LGBT Rights, Race and Racism, Reproductive Rights, Upcoming Conferences, Women's Health | Comments Off

I Don’t Give a Damn Bout My Bad Reputation: Julia Simon-Kerr’s “Unchaste and Incredible” and the Development of the Character Evidence Rules

In the American court system, when judges allow attorneys to attack the character of witnesses, they generally allow them to do so only through reputation and opinion testimony. Federal Rule of Evidence 405(a) provides that: In all cases in which … Continue reading

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Submission Guidelines/Deadlines for Gender Law Journals

Here is a list I’ve compiled of the 24 journals identified by ExpressO as having “women” as a subject matter speciality.  I set out to determine  whether each journal has announced that it has begun reviewing articles yet, and any … Continue reading

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Top Ten Cited Women Law Professors

Thanks to Brian Leiter for compiling this list so quickly in response to my post below. (with the caveat that there might be some scholars whose schools were not included in this sample who might have made the list: e.g., … Continue reading

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ExpressO’s Channeling Function

I received a copy of this mass e-mail from the good folks at ExpressO, the on-line law review submission service affiliated with the Berkeley Electronic Press: Are your law students asking you for the opportunity to use ExpressO to get … Continue reading

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

Nancy Leong, “A Noteworthy Absence”

The abstract: In recent years, male law students at top-fifteen-ranked law schools have published nearly twice as many notes in their schools’ general-interest law reviews as have their female counterparts. Although this disparity is common to virtually every top-fifteen-ranked school, … Continue reading

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Posted in Academia, Feminism and Law, Feminist Legal Scholarship, Feminists in Academia, The Underrepresentation of Women | 1 Comment

“Obama Phenomena: Facets of a Historic Campaign.”

The University of Denver Law Review is pleased to announce the release of a special symposium edition, “Obama Phenomena: Facets of a Historic Campaign.”Co-sponsored by the University of Denver Sturm College of Law and Suffolk University School of Law, the … Continue reading

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

John Min Kang, “Manliness and the Constitution”

Abstract: Much of the legal scholarship regarding gender focuses justifiably on discrimination against women; accordingly, if such scholarship does discuss men, it does so chiefly to illuminate the ways in which women have been oppressed by them. My article seeks … Continue reading

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Trans Fat: A Review by Zak Kramer and Elizabeth Glazer of “Fat Rights: Dilemmas of Difference and Personhood” by Anna Kirkland

Abstract: In her book, Fat Rights: Dilemmas of Difference and Personhood, Professor Anna Kirkland uses fat discrimination as a case study to examine the ways in which we talk about difference in antidiscrimination law. She argues that the proper way … Continue reading

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John M. Kang, “Taking Safety Seriously: Using Liberalism to Fight Pornography”

Michigan Journal of Gender & Law, Vol. 15, No. 1, 2008 Abstract: In the law review literature on pornography, there is sometimes the depressing story that either liberalism is limply unhelpful to combat pornography or, in its role as philosophical … Continue reading

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Pamela Foohey, “Child Support and (In)Ability to Pay: The Case for the Cost Shares Model”

Forthcoming in the Journal of Juvenile Law & Policy, Vol. 13, No. 1, 2009 The Abstract: Currently enacted child support guidelines primarily focus on maintaining children’s economic well-being when a single household is split into two. This article argues that … Continue reading

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Cyber Sexual Harassment

Podcast of a radio show featuring fantastic feminist law prof Danielle Citron, plus Latoya Peterson of Racialicious and Jill Filipovic of Feminste, is available here. Danielle’s referenced law review article, Cyber Civil Rights, can be downloaded here. Below is the … Continue reading

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Kessler on “Getting Class”

Laura Kessler (Utah) has posted to SSRN her working paper “Getting Class.”  Here is the abstract: Gender-based economic inequality has been a longstanding concern of feminist legal theory, particularly as it affects middle-class women. Yet much legal feminist literature remains … Continue reading

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Cooper on “Our First Unisex President?: Black Masculinity and Obama’s Feminine Side”"

Feminist Law Prof Frank Rudy Cooper (Suffolk) has posted to SSRN his essay, “Our First Unisex President?: Black Masculinity and Obama’s Feminine Side.”  Here is the abstract: People often talk about the significance of Barack Obama’s status as our first … Continue reading

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Susan Carle, “Short Notes on Teaching About the Micro-Politics of Class, with Examples from Torts and Employment Law Casebooks”

Abstract: This short Essay explores several potential teaching moments in which one might raise issues concerning the micro-politics of socioeconomic class status. I discuss cases found in popular casebooks for three course areas in which I teach: torts, employment, and … Continue reading

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Globalization of Surrogacy Markets – US and India

Nazneen Mehta is a second-year law student at Columbia Law School and is writing a Note on the international market in surrogacy services – particularly between relatively affluent “intended parents” in the US and poor female surrogates in India. Her … Continue reading

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Catharine MacKinnon, “The Recognition of Rape as an Act of Genocide – Prosecutor v. Akayesu”

Two related articles are accessible here. Via IntLawGrrls.

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Posted in Acts of Violence, Feminism and Law, Feminist Legal Scholarship, Feminists in Academia, Sisters In Other Nations | Comments Off

Joan MacLeod Heminway and Sarah White, “WANTED: Female Corporate Directors (A Review of Professor Douglas M. Branson’s No Seat at the Table)”

Abstract: In his 2007 book No Seat at the Table, Professor Douglas Branson aptly describes how patterns of male dominance inherent in the legal structures of corporate governance reproduce themselves again and again to keep women out of executive suites … Continue reading

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“Red Sex, Blue Sex: Why do so many evangelical teen-agers become pregnant?”

That’s the title of this New Yorker article by Margaret Talbot, which mentions Feminist Law Profs Naomi Cahn and June Carbone prominently, as you can see in the excerpt below: Among blue-state social liberals, commitment to the institution of marriage … Continue reading

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Scott on “Surrogacy and the Politics of Commodification”

 Elizabeth Scott (Columbia) has posted to ssrn her article “Surrogacy and the Politics of Commodification.”  Here is the abstract: This essay examines the changing social and political meaning of surrogacy contracts over the twenty years since this issue first attracted … Continue reading

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Imagining Law: On Drucilla Cornell

SUNY Press has published Imagining Law: On Drucilla Cornell, an edited volume of essays by authors in philosophy, political science and law.   Each discusses the importance of Professor Cornell’s work.   The last essay in the book is Professor … Continue reading

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New Scholarship about Rural Women and Rural Livelihoods

Lisa R. Pruitt at UC Davis School of Law has followed up on her 2007 article, Toward a Feminist Theory of the Rural, with two forthcoming articles about rural women. Both draw on the discipline of critical geography to explore … Continue reading

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Law at Columbia U. is Stuck in the 1990s

The Columbia University Institute for Research on Women & Gender,  ”the locus of interdisciplinary feminist scholarship and teaching at Columbia University,” offers an undergraduate degree program as well as a graduate “certification” in Feminist Scholarship.  There are some tremendous feminist … Continue reading

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Guest Post by Nick J. Sciullo: On Womyn and Humyn With A”Y”

This story is a story of the law review process and one scholar’s attempt to do something, anything, about the patriarchal underpinnings of law schools, law, and legal thoughts. My ideas on feminism have not always been well tolerated and … Continue reading

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Do These Posters Make You Want To Vote? Or Do They Fill You With Despair?

Nayeli Rodriguez observes at the XX Factor: Declare Yourself isn’t alone in its tendency to threaten and alienate its audience despite better intentions. The “Vote or Die” campaign that began in 2000 promotes its own violent message, particularly when organizer … Continue reading

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Posted in Coerced Sex, Feminism and Politics, Feminist Legal Scholarship, Reproductive Rights, Sexism in the Media | Comments Off

Beverly Baines, “But Was She a Feminist Judge?”

Abstract: During her time on the bench, Justice Wilson refused to identify as a feminist. Her silence did not deter feminists from applauding many of her decisions. Nor did it preclude them from critiquing three opinions: Pelech, Morgentaler, and Hess. … Continue reading

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Interview with Feminist Law Prof Martha Fineman, Founder of the Feminist Legal Theory Project

For more than 25 years, Feminist Law Professor Martha Fineman (Emory) has been one of legal feminism’s leading voices.  She is a mentor and role model to countless other scholars.  Professor Fineman’s publications include  The Autonomy Myth: A Theory of … Continue reading

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Naomi Cahn and June Carbone, “Lifting the Floor: Sex, Class, and Education”

Yet another terrific article from two of my favorite Feminist Law Profs! Here is the abstract: This paper was written for a conference on third wave feminism. Third wave feminism recognizes the importance of “raising the floor,” and this paper … Continue reading

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