Category Archives: Feminist Legal Scholarship

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

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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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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“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