Category Archives: Feminist Legal Scholarship

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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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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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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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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“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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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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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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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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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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