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Category Archives: Feminist Legal Scholarship
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
Posted in Feminism and Law, Feminist Legal Scholarship, Feminists in Academia, LGBT Rights
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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
Posted in Feminist Legal Scholarship, Law Schools
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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
Posted in Feminism and Law, Feminist Legal Scholarship, Sisters In Other Nations
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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
Posted in Feminist Legal History, Feminist Legal Scholarship
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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
Posted in Feminist Legal Scholarship
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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
Posted in Feminism and Law, Feminist Legal Scholarship, Feminists in Academia
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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
Posted in Feminist Legal Scholarship, Law Schools, Law Teaching
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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
Posted in Feminism and Law, Feminist Legal Scholarship, LGBT Rights
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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
Posted in Feminist Legal Scholarship, LGBT Rights
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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
Posted in Academia, Feminism and Law, Feminist Legal Scholarship
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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
Posted in Coerced Sex, Feminism and Law, Feminism and Technology, Feminist Legal Scholarship
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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
Posted in Feminism and Law, Feminist Legal Scholarship, Uncategorized
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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
Posted in Feminism and Law, Feminist Legal Scholarship, Feminists in Academia
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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
Posted in Academia, Feminist Legal Scholarship, Law Schools, Law Teaching
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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
Posted in Feminism and Families, Feminism and Law, Feminist Legal Scholarship
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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
Posted in Feminist Legal Scholarship
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Webcasts from “CAN YOU HEAR US NOW?” (a Feminist Legal Theory & Feminisms Conference) are now available.
Posted in Feminism and Law, Feminist Legal Scholarship, Feminists in Academia
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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
Posted in Feminism and Technology, Feminist Legal Scholarship, Legal Profession
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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
Posted in Feminist Legal Scholarship, LGBT Rights
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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
Posted in Feminism and Law, Feminist Legal Scholarship
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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
Posted in Feminism and Law, Feminist Legal History, Feminist Legal Scholarship
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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
Posted in Feminist Blogs Of Interest, Feminist Legal Scholarship
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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
Posted in Feminism and Law, Feminist Legal Scholarship
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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
Posted in Feminist Legal Scholarship
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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
Posted in Feminist Legal Scholarship, Women's Health
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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
Posted in Feminism and Law, Feminist Legal Scholarship
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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
Posted in Feminist Legal Scholarship, Feminists in Academia, Law Teaching
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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
Posted in Academia, Feminist Legal Scholarship
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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
Posted in Academia, Feminist Legal Scholarship, Feminists in Academia
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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
Posted in Feminism and Law, Feminist Legal Scholarship
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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
Posted in Feminism and Law, Feminist Legal Scholarship
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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
Posted in Feminism and Culture, Feminist Legal Scholarship
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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
Posted in Feminist Legal Scholarship, Sociolinguistics
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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
Posted in Feminist Legal Scholarship
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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
Posted in Feminism and Culture, Feminist Legal Scholarship, Feminists in Academia
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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
Posted in Feminist Legal Scholarship, Women and Economics
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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
Posted in Academia, Feminism and Law, Feminist Legal Scholarship, Feminists in Academia
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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
Posted in Feminism and Law, Feminist Legal Scholarship, Feminists in Academia
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Pre-Order Mary Dudziak’s New Book!
Posted in Feminist Legal History, Feminist Legal Scholarship, Recommended Books
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Marina Angel, “Women Lawyers of All Colors Steered to Contingent Positions in Law Schools and Law Firms”
Abstract: This article examines the drastic organizational changes that have taken place in law firms and law schools in the last thirty years and how they have seriously disadvantaged women. Women have been almost 50% of law school graduating classes … Continue reading
Posted in Academia, Feminism and Law, Feminist Legal Scholarship, Feminists in Academia, Law Schools, Law Teaching, Legal Profession
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Infanti on “Everyday Law for Gays and Lesbians”
Feminist Law Prof Anthony C. Infanti’s new book, Everyday Law For Gays and Lesbians has been published by Paradigm Publishers. Here’s Paradigm’s summary: Everyday Law for Gays and Lesbians and Those Who Care about Them accessibly explains the myriad … Continue reading
Posted in Feminist Legal Scholarship, LGBT Rights, Recommended Books
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Joanna Erdman, “In the Back Alleys of Health Care: Abortion, Equality and Community in Canada”
The abstract: The decriminalization of abortion in Canada ensured neither its availability nor accessibility as an integrated and publicly funded health service. While Canadian women are increasingly referred to or seek abortion services from single-purpose clinics, their exclusion from public … Continue reading
Posted in Feminism and Law, Feminism and Politics, Feminist Legal Scholarship
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Cynthia Bowman, “Street Harassment and the Informal Ghettoization of Women,” A Retrospective
I can hardly believe that this terrific law review article was published almost 15 years ago. I was reminded of it when I stumbled upon this Salon essay by Debra Dickerson in the course of some research. Dickerson wrote: … … Continue reading
Posted in Academia, Acts of Violence, Feminism and Law, Feminist Legal Scholarship, Feminists in Academia
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Allen on “The Case for Cyberfeminism”
Feminist Law Prof Anita L. Allen (Penn) has posted to SSRN her essay ”A Dialogue Among Dolls: The Case for Cyberfeminism.” Here is the abstract: Four dolls, two plastic and two biological are seated around a … Continue reading
Posted in Feminism and Technology, Feminist Legal Scholarship
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Allen’s “Atmospherics”
Feminist Law Prof Anita L. Allen (U. of Pennsylvania) has posted to ssrn her working paper, “Atmospherics: A Llewellynesque Comment on Abortion Law.” Here is the abstract: In 1934, Karl N. Llewellyn published a lively essay trumpeting the dawn … Continue reading
Posted in Feminist Legal Scholarship, Reproductive Rights
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Lolita Buckner Inniss, “A ‘Ho New World: Raced and Gendered Insult as Ersatz Carnival and the Corruption of Freedom of Expression Norms”
The abstract: Carnivalization, a concept developed by literary theorist Mikhail Bakhtin and later employed in broad social and cultural contexts, is the tearing down of social norms, the elimination of boundaries and the inversion of established hierarchies. It is the … Continue reading
Posted in Feminism and Culture, Feminist Legal Scholarship, Race and Racism, Sexism in the Media, Sociolinguistics
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Rosenbury on “Friends with Benefits”
Feminist Law Prof Laura Rosenbury (Washington University in St. Louis School of Law) has posted to ssrn her article, “Friends With Benefits.” Here is the abstract: Family law has long been intensely interested in certain adult intimate relationships, namely … Continue reading
Posted in Feminist Legal Scholarship
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Ramachandran on Mansfield’s Manliness
Feminist Law Prof Gowri Ramachandran (Southwestern) has posted to ssrn her review of Manliness by Harvey Mansfield. Here is a portion of the abstract: In this book review, I provide an overview and partial critique of Harvey Mansfield’s Manliness. … Continue reading
Posted in Feminist Legal Scholarship
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Single-Minded Scholarship
From the Chronicle of Higher Education, this call from Bella DePaulo (Psychology, UCSB), Rachel F. Moran (Law, Boalt Hall) and E. Kay Trimberger (Women’s and Gender Studies, Sonoma State Univeristy) for more scholarly attention to single people: Even some of … Continue reading
Posted in Feminist Legal Scholarship
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Anita Allen, “Face to Face With ‘It’: And Other Neglected Contexts of Health Privacy”
The abstract: “Illness has recently emerged from the obscurity of medical treatises and private diaries to acquire something like celebrity status,”Professor David Morris astutely observes. Great plagues and epidemics throughout history have won notoriety as collective disasters; and the Western … Continue reading
Posted in Feminism and Law, Feminist Legal Scholarship, Women's Health
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