Celebrating US Feminist Judgments Employment Discrimination + Essay on Bostock

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Congratulations to Ann McGinley, Nicole Porter and all of the fantastic contributors on the publication of Feminist Judgments: Rewritten Employment Discrimination Opinions (Cambridge University Press 2020)!

Separate and apart from the book, project participants Ann McGinley (UNLV), Nicole Porter (Toledo), Danielle Weatherby (Arkansas), Ryan Nelson (Harvard Law Research Associate), Pamela Wilkins (Mercer) and Catherine Archibald (Detroit-Mercy) have written a thoughtful essay here, published by the University of Connecticut Law Review, responding to the Supreme Court’s decision in Bostock. Here is an excerpt:

[G]iven our experiences rewriting and editing opinions from feminist perspectives, we have something to say about Bostock and its significance for LGBTQ+ employment cases and employment discrimination law more broadly. Accordingly, we wrote this essay, which has three goals: first, to introduce our book; second, to analyze the Bostock case and its effect on employment discrimination law as it relates to sexual orientation and gender identity; and third, to discuss more broadly the effect of Bostock on employment discrimination jurisprudence through a feminist lens. Throughout the essay, we are attempting to answer the question of whether Bostock is a feminist opinion. Our answers are varied and even uncertain; but ultimately, we conclude that even though we, as feminists, might have written it differently, the LGBTQ+ community deserves to celebrate this momentous victory.

The full piece is available here.

I haven’t done a full count, but UNLV *might* be the faculty with the greatest number of participants in the overall U.S. Feminist Judgments Project. This press release from UNLV notes the participation of Professor Kathryn Stanchi (co-convener,  U.S, Feminist Judgments Project) and Professor Linda Berger (co-convener, U.S. Feminist Judgments Project) and me as editors of the first volume in the series, “Feminist Judgments: Rewritten Opinions of the United States Supreme Court.” Other UNLV Law faculty whose contributions have appeared in the series also are Professor Leslie Griffin, Professor Francine Lipman, Professor Elizabeth MacDowell, Professor Addie Rolnick, and Professor Stacey Tovino (now at the University of Oklahoma College of Law). Professor Frank Rudy Cooper serves the Advisory Panel of the Employment Discrimination volume.

H/T Francine Lipman.


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