Category Archives: Feminist Legal Scholarship

Naomi Cahn, “Accidental Incest: Drawing the Line – Or the Curtain? – For Reproductive Technology”

The abstract: This article calls for setting limits on the number of offspring born from any one individual’s gametes, and for continuing to sanction incest, even when it comes to adult, inter-sibling consensual behaviour. The article examines the issues of … Continue reading

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Why Hollywood Does Not Require”Saving”From the Recordkeeping Requirements Imposed by 18 U.S.C. Section 2257

In the latest edition of The Pocket Part Professor Ann Bartow responds to Alan Levy’s earlier piece How”Swingers”Might Save Hollywood from a Federal Pornography Statute.   Bartow argues so “eager was Levy to ‘save Hollywood’ from having to keep records … Continue reading

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Latest Version of Feminist Periodicals: A Current Listing of Contents

The Spring 2008 issue of Feminist Periodicals: A Current Listing of Contents  is available  here, courtesy of the Women’s Studies Librarian at the  University of Wisconsin. -Bridget Crawford

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Nancy E. Dowd, “Masculinities and Feminist Legal Theory: An Antiessentialist Project”

Abstract: Men, patriarchy and masculine characteristics have predominantly been examined within feminist theory as a source of power, domination, inequality and subordination. Various theories of inequality have been developed by feminists to challenge and reveal structures and discourses that reinforce … Continue reading

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

Elisabeth A. Keller & Judith B. Tracy, “Hidden in Plain Sight: Achieving More Just Results in Hostile Work Environment Sexual Harassment Cases by Re-Examining Supreme Court Precedent”

The abstract: Lower federal courts often fail to provide plaintiffs in sexual harassment cases the relief intended by Title VII of the Civil Rights Act of 1964 and mandated by the Supreme Court when it recognized the cause of action … Continue reading

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Patricia A. Broussard, “Female Genital Mutilation: Exploring Strategies for Ending Ritualized Torture; Shaming, Blaming, and Utilizing the Convention against Torture”

Read the article here.

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Minna Kotkin, “Of Authorship and Audacity: An Empirical Study of Gender Disparity and Privilege in the ‘Top Ten’ Law Reviews”

Abstract: In today’s law schools, article placement is a significant consideration in hiring, promotion, tenure, and lateral mobility. This article analyzes authorship by gender and home school “privilege” in 15 law reviews (the “top ten”) over a three year period. … Continue reading

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“Crafting a Scholarly Persona: A Panel Discussion”

Abstract: This is an edited transcript of Crafting a Scholarly Persona, the Scholarship Section’s program from the AALS Annual Meeting in 2007. During this program, three established scholars, Ian Ayres, Paul Robinson, and Carol Sanger, discussed their individual career paths … Continue reading

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Nipples and Liberals

An Adrants blogger opined: … This is America. Nudity is bad. Nudity is something to be shunned. Natural beauty? Screw that. Put a potato sack on! Cover that God-given beauty. Sex is bad. Sex dirty. Sex is nasty. Sex should … Continue reading

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Call for Entries – Catharine Stimpson Prize for Outstanding Feminist Scholarship

From the FLP Mailbox: Call for Entries:   The Catharine Stimpson Prize for Outstanding Feminist Scholarship Deadline: September 20, 2008 The University of Chicago Press is pleased to announce the competition for the 2009 Catharine Stimpson Prize for Outstanding Feminist … Continue reading

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Beverly I. Moran, “Capitalism and the Tax System: A Search for Social Justice”

 Here is the abstract: America is a country founded on ideas. The Enlightenment was one set of ideas that attended our birth and one Enlightenment belief as strong today as during the revolution is our faith in capitalism and the … Continue reading

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Jeannie Suk on “Is Privacy a Woman?”

Jeannie Suk (Harvard Law School) has posted Is Privacy a Woman? on SSRN. Here is the abstract: This essay is about the representation of privacy. Focusing on several of the Supreme Court’s Fourth Amendment cases regarding the police and the … Continue reading

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Martha T. McCluskey, “How Queer Theory Makes Neoliberalism Sexy: Right-Wing Economic Politics and the Queer Challenge to Feminism”

Abstract: Some strands of queer theory have echoed conservative law-and-economics (neoliberalism) in criticizing feminism’s turn to the state and to moral principle to solve problems of dependency and dominance. But on closer analysis, queer anti-statism and anti-moralism itself relies on … Continue reading

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Kotkin on “Gender and the Elite Law Reviews”

Feminist Law Prof Minna Kotkin (Brooklyn) has posted to ssrn her article, “Gender and the Elite Law Reviews: An Empirical Study of Authorship.”   Here is the abstract: Have you ever stood in the faculty library looking at the covers … Continue reading

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Noya Rimalt, “Stereotyping Women, Individualizing Harassment: The Dignitary Paradigm of Sexual Harassment Law between the Limits of Law and the Limits of Feminism”

The abstract: This article provides a thorough analysis of contemporary sexual harassment case law in Israel and presents the first systematic study of all reported court opinions on sexual harassment that have been issued following the enactment of The Prevention … Continue reading

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‘We are at War and You Should Not Bother the President’: The Suffrage Pickets and Freedom of Speech During World War I

This is the title of an interesting new article from Villanova Law Professor and Jeopardy Champion Cathy Lanctot.   The abstract is below, and you can download it here: The story of Alice Paul’s National Woman’s Party and its 1917 … Continue reading

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E-Version of UW’s Feminist Periodicals

Phyllis Holman Weisbard (pictured at left), the excellent Women’s Studies Librarian at the University of Wisconsin, and her staff have made publicly available here an electronic, searchable version of Feminist Periodicals: A Current Listing of Contents.  This is an invaluable … Continue reading

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Mary Anne Case on “Feminist Fundamentalism”

From here: At a time when so many different religious fundamentalisms are coming to the fore and demanding legal recognition, in this talk Prof. Case seeks to vindicate feminist fundamentalism, defined as an uncompromising commitment to the equality of the … Continue reading

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“Counting Outsiders: A Critical Exploration of Outsider Course Enrollment in Candian Legal Education”

Feminist Law Prof Kim Brooks and  co-authors Natasha Bakht (Ottawa), Gillian Calder (U Victoria),  Jennifer  Koshan (Calgary), Sonia Lawrence (Osgoode Hall), Carissima Mathen (New Brunswick) and Debra Parkes (Manitoba) have posted to SSRN their article, “Counting Outsiders: A Critical Exploration … Continue reading

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Katherine M. Franke, “Longing for Loving”

The abstract: Post-Lawrence efforts to secure marriage equality for same sex couples must be undertaken, at a minimum, in a way that is compatible with efforts to dislodge marriage from its normatively superior status as compared with other forms of … Continue reading

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Robson on “Sexual Democracy”

Feminist Law Prof Ruthann Robson (CUNY) has posted to ssrn her article, “Sexual Democracy.”  Here is a the abstract: Conceptualizing the relationship between sexuality and democracy requires not only an interrogation of both terms, but also an exploration of the … Continue reading

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Deborah Rhode and Christopher J. Walker, “Gender Equity in College Athletics: Women Coaches as a Case Study”

Abstract: As Title IX celebrates its thirty-fifth anniversary, many have noted its enormous positive effect on women’s sports. But an unintended and too-often neglected byproduct is that as opportunities for female students have increased, opportunities for female professionals have declined. … Continue reading

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Ann Bartow, “Pornography, Coercion, and Copyright Law 2.0″

Abstract: The lack of regulation of the production of pornography in the United States leaves pornography performers exposed to substantial risks. Producers of pornography typically respond to attempts to regulate pornography as infringements upon free speech. At the same time, … Continue reading

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Martha Albertson Fineman, “The Vulnerable Subject: Anchoring Equality in the Human Condition”

Abstract: This essay develops the concept of vulnerability in order to argue for a more responsive state and a more egalitarian society. Vulnerability is and should be understood to be universal and constant, inherent in the human condition. The vulnerability … Continue reading

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ToC from the latest issue of Am. U WCL’s Journal of Gender, Social Policy & the Law

Volume 16, Number 2 Article Giving Birth in Shackles: A Constitutional and Human Rights Violation Dana L. Sichel Presentation Naming The Unnamed: Intellectual Property Rights of Women Artists from India Ruchira Goswami & Karubakee Nandi COMMENTS Born To No Mother: … Continue reading

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“Harvard Law Faculty Commits to Open Access to Scholarship”

Info/Law has the scoop. Here’s an excerpt: I’ve been sitting on this post for what seems like an eternity, but the news embargo has been lifted, and we’re all free to share the fantastic news from Harvard Law School, where … Continue reading

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COUNCIL ON CONTEMPORARY FAMILIES

I’m just back from the annual conference of the Council on Contemporary Families  and I’m wondering why I was the only law professor there!   This is the group most dedicated to fighting the simplistic message of the right-wing marriage … Continue reading

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Barzilay on “Women at Work: Towards an Inclusive Narrative of the Rise of the Regulatory State”

Arianne Renan Barzilay, JSD Candidate at NYU, has published her article, “Women at Work: Towards an Inclusive Narrative of the Rise of the Regulatory State” in the Harvard Journal of Law & Gender. Here is a portion of the abstract: … Continue reading

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Webcasts from “CAN YOU HEAR US NOW?” (a Feminist Legal Theory & Feminisms Conference) are now available.

Here! This wonderful event was held at the U. of Baltimore School of Law on March 7, 2008.

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Alison Stein on “Women Lawyers Blog for Workplace Equality: Blogging as a Feminist Legal Method”

Alison I. Stein (J.D. Candidate, University of Pennsylvania Law School) has posted to ssrn her article, “Women Lawyers Blog for Workplace Equality:   Blogging as a Feminist Legal Method.”   Here is the abstract: Legal scholars and academic commentators have … Continue reading

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Appel on “The Endurance of Biological Connection: Heteronormativity, Same-Sex Parenting and the Lessons of Adoption”

Annette Ruth Appel (UNLV) has posted to ssrn her article, “The Endurance of Biological Connection: Heteronormativity, Same-Sex Parenting and the Lessons of Adoption.” Here is the abstract. This paper traces the intersecting and diverging paths of legal norms regarding adoption … Continue reading

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Live Blog Report: Law, Culture and Humanities

I am at the Law, Culture, and the Humanities conference this weekend. The conference is being co-sponsored by UC-Berkeley and San Francisco State University, and it is being held at Boalt Hall (i.e., what is now being referred to as … Continue reading

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Verna L. Williams and Kristin Kalsem, “Social Justice Feminism”

Abstract: For the past three years, women leaders from national groups, grassroots organizations, academia and beyond have gathered to address dissonance in the women’s movement, particularly dissatisfaction with the movement’s emphasis on women privileged on account of their race, class, … Continue reading

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Legal Ruralism Blog

Feminist Law Prof Lisa Pruitt (UC Davis) has a new blog, Legal Ruralism.   Professor Pruitt’s article, Towards a Feminist Theory of the Rural (available here) was published in the Utah Law Review last year.   Here is a portion … Continue reading

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June Carbone, “From Partners to Parents Revisited: How Will Ideas of Partnership Influence the Emerging Definition of California Parenthood?”

Abstract: This article considers the role of the partners’ relationship to each other in the context of the new California parentage cases. These rulings, which expand recognition of functional parents without marriage, domestic partnership registration, biology or adoption, attempt to … Continue reading

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Report on “Working From the World Up” Conference

Yesterday was the second and final day of the conference”Working From the World Up: Equality’s Future”(subtitled”A New Legal Realism Conference Celebrating the 25th Anniversary of the Feminism and Legal Theory Project”).   The conference is sponsored by the University of … Continue reading

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Scott Moss on Abortion Rights Under State Constitutional Law

Feminist Law Professor Scott Moss has a new piece available about abortion rights under state constitutional law.   The premise, that with the ever-more-conservative Supreme Court state courts are going to be the better outlet for protecting abortion rights, echoes … Continue reading

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June Carbone, “Age Matters: Class, Family Formation, and Inequality,” forthcoming in the Santa Clara Law Review

Abstract: Age matters. It matters legally – in giving consent for a contract, a marriage or enlistment in the armed forces. It matters practically – for renting a car, securing favorable insurance rates, choosing a date. It certainly matters biologically … Continue reading

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Live Blog Report from the University of Baltimore’s Feminist Legal Theory Conference

Today the University of Baltimore School of Law hosts the conference, “Can You Hear Us Now: How New Feminist Legal Theories and Feminisms Are Changing Society?”   Currently under way is the day’s fourth and final panel, “Culture and Third … Continue reading

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NYT on Single-Sex Education

I hope Feminist Law Prof David Cohen will soon give us his impressions of the cover story in this Sunday’s New York Times, Teaching Boys and Girls Separately, by Elizabeth Weil. Professor Cohen has recently posted No Boy Left Behind? … Continue reading

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Caitlin Borgmann, Pamela Bridgewater, and David Cohen Are Brilliant and Awesome!

So are all the other Feminist Law Profs in the blogroll of course, but I got to hang out with the three listed above here in South Carolina today, woo-hoo! –Ann Bartow

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Justice Kennedy

As I mentioned last week, I’m participating in a symposium at the University of South Carolina this coming Friday about the Roberts Court and Equal Protection.   I’m on the panel about sex/gender, which will be moderated by Feminist Law … Continue reading

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Justice Anthony Kennedy: Thanks for Twenty Years of . . .

Well, thanks for what? Today is the twentieth anniversary of Justice Kennedy taking his seat on the Supreme Court. There are certainly things to thank him for. His switch in Casey saved Roe from being overturned. He authored groundbreaking rulings … Continue reading

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Some Blatant Self Promotion: Single Sex Education and Masculinity

Please forgive me if this self-promotion is beyond the standards of decency. But, if anyone is interested, I’ve posted the most recent draft of an article I’m working on and would love any feedback people might have if they are … Continue reading

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Language and Sexism

In the most recent volume of the Columbia Journal of Gender & the Law, Pat K. Chew (Professor of Law, University of Pittsburgh School) and Lauren K. Kelley-Chew (B.S. Candidate, Stanford University) have published their article, Subtly Sexist Language.   … Continue reading

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Ouellette on “Moral Reasoning in Judicial Decisions on Same-Sex Marriage”

Professor Alicia R. Ouellette (Albany) has posted to ssrn her article, “Moral Reasoning in Judicial Decisions on Same-Sex Marriage.”   Here is a portion of the abstract: Even judges who claim to bracket morality do not remain morally neutral toward … Continue reading

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Erin Buzuvis: “Reading the Pink Locker Room: On Football Culture and Title IX”

Here’s the abstract: This Essay examines the protracted public controversy that erupted after local media reported on my comment to the University of Iowa regarding its decision to renovate the football stadium’s visiting team locker room entirely in pink. My … Continue reading

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McCluskey on “Razing the Citizen: Economic Inequality, Gender and Marriage Tax”

Martha McCluskey (Buffalo) as posted to ssrn a chapter of her forthcoming book, Dimensions of Women’s Equal Citizenship.   Here is the abstract of the chapter: This chapter links the failure of U.S. social citizenship ideals to a broader weakness … Continue reading

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Martha Nussbaum, “Carr, Before and After: Power and Sex in Carr v. Allison Gas Turbine Division, General Motors Corp,” 74 U Chi L Rev 1831 (2007)

Accessible here. The first two paragraphs are below: “Sexual harassment doctrine owes its primary theoretical impetus to the work of Catharine MacKinnon, who convincingly argued that sexual harassment is a form of sex discrimination. MacKinnon offered two different paradigms (the”difference”and … Continue reading

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Mary Anne Case, “All the World’s the Men’s Room,” 74 U Chi L Rev 1655 (2007)

Read it here, you will be absolutely riveted. Below are the first few paragraphs: “In August 2000, a panel of the Seventh Circuit Court of Appeals upheld the dismissal of Audrey Jo DeClue’s complaint of hostile environment sexual harassment against … Continue reading

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