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Category Archives: Feminist Legal Scholarship
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
Posted in Feminism and Families, Feminism and Law, Feminist Legal Scholarship, Reproductive Rights
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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
Posted in Feminism and Families, Feminism and Law, Feminist Legal Scholarship, LGBT Rights
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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
Posted in Feminist Legal Scholarship, Women and Economics
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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
Posted in Feminism and Families, Feminist Legal Scholarship
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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
Posted in Academia, Feminism and Culture, Feminist Legal Scholarship, Sexism in the Media
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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
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
Posted in Feminist Legal Scholarship, LGBT Rights, Reproductive Rights, Women and Economics
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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
Posted in Feminism and Law, Feminist Legal Scholarship, Reproductive Rights
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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, Daithà Mac SÃthigh, Helen Norton, David Post, David Robinson and yours truly. … Continue reading
Posted in Academia, Feminism and Law, Feminism and Technology, Feminist Legal Scholarship, Feminists in Academia
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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
Posted in Feminism and Law, Feminism and Technology, Feminist Legal Scholarship, Law Schools, Sexism in the Media
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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
Posted in Feminist Legal Scholarship
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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
Posted in Feminism and Law, Feminism and Politics, Feminist Legal Scholarship, Feminists in Academia
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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
Posted in Call for Papers or Participation, Feminism and Politics, Feminist Legal Scholarship, Feminists in Academia, From the FLP mailbox
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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
Posted in Academia, Call for Papers or Participation, Feminist Legal Scholarship, Law Schools, Law Teaching
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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
Posted in Academia, Feminist Legal Scholarship, Feminists in Academia, Law Schools
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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
Posted in Feminism and Law, Feminist Legal Scholarship, Feminists in Academia
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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
Posted in Acts of Violence, Coerced Sex, Feminism and Law, Feminist Legal Scholarship, The Overrepresentation of Women
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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
Posted in Feminism and Families, Feminist Legal Scholarship, Race and Racism, Reproductive Rights
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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
Posted in Feminism and Law, Feminist Legal Scholarship, Reproductive Rights
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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
Posted in Feminism and Families, Feminist Legal Scholarship
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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
Posted in Feminism and Culture, Feminism and Families, Feminist Legal Scholarship, Race and Racism, Reproductive Rights, The Overrepresentation of Women, Women and Economics, Women's Health
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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
Posted in Feminist Legal Scholarship
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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
Posted in Feminist Legal Scholarship, Reproductive Rights
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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
Posted in Feminist Legal Scholarship, LGBT Rights
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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
Posted in Feminism and Law, Feminism and the Workplace, Feminist Legal Scholarship
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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
Posted in Academia, Feminism and Law, Feminist Legal Scholarship, Feminists in Academia
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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
Posted in Feminist Legal Scholarship, Reproductive Rights
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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
Posted in Acts of Violence, Coerced Sex, Feminism and Law, Feminist Legal Scholarship, Feminists in Academia, Upcoming Conferences
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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
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
Posted in Academia, Feminist Legal Scholarship, LGBT Rights, Race and Racism, Reproductive Rights, Upcoming Conferences, Women's Health
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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
Posted in Coerced Sex, Feminism and Law, Feminist Legal History, Feminist Legal Scholarship
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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
Posted in Feminist Legal Scholarship
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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
Posted in Academia, Feminist Legal Scholarship, Feminists in Academia, The Underrepresentation of Women
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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
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
“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
John Min Kang, “Manliness and the Constitution”
Abstract: Much of the legal scholarship regarding gender focuses justifiably on discrimination against women; accordingly, if such scholarship does discuss men, it does so chiefly to illuminate the ways in which women have been oppressed by them. My article seeks … Continue reading
Posted in Feminism and Law, Feminist Legal Scholarship, Sociolinguistics
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Trans Fat: A Review by Zak Kramer and Elizabeth Glazer of “Fat Rights: Dilemmas of Difference and Personhood” by Anna Kirkland
Abstract: In her book, Fat Rights: Dilemmas of Difference and Personhood, Professor Anna Kirkland uses fat discrimination as a case study to examine the ways in which we talk about difference in antidiscrimination law. She argues that the proper way … Continue reading
Posted in Feminism and Culture, Feminism and Law, Feminism and the Workplace, Feminist Legal Scholarship
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John M. Kang, “Taking Safety Seriously: Using Liberalism to Fight Pornography”
Michigan Journal of Gender & Law, Vol. 15, No. 1, 2008 Abstract: In the law review literature on pornography, there is sometimes the depressing story that either liberalism is limply unhelpful to combat pornography or, in its role as philosophical … Continue reading
Posted in Coerced Sex, Feminist Legal Scholarship
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Pamela Foohey, “Child Support and (In)Ability to Pay: The Case for the Cost Shares Model”
Forthcoming in the Journal of Juvenile Law & Policy, Vol. 13, No. 1, 2009 The Abstract: Currently enacted child support guidelines primarily focus on maintaining children’s economic well-being when a single household is split into two. This article argues that … Continue reading
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Cyber Sexual Harassment
Podcast of a radio show featuring fantastic feminist law prof Danielle Citron, plus Latoya Peterson of Racialicious and Jill Filipovic of Feminste, is available here. Danielle’s referenced law review article, Cyber Civil Rights, can be downloaded here. Below is the … Continue reading
Posted in Feminism and Law, Feminism and Technology, Feminist Legal Scholarship
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Kessler on “Getting Class”
Laura Kessler (Utah) has posted to SSRN her working paper “Getting Class.” Here is the abstract: Gender-based economic inequality has been a longstanding concern of feminist legal theory, particularly as it affects middle-class women. Yet much legal feminist literature remains … Continue reading
Posted in Feminism and Families, Feminist Legal Scholarship, Women and Economics
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Cooper on “Our First Unisex President?: Black Masculinity and Obama’s Feminine Side””
Feminist Law Prof Frank Rudy Cooper (Suffolk) has posted to SSRN his essay, “Our First Unisex President?: Black Masculinity and Obama’s Feminine Side.” Here is the abstract: People often talk about the significance of Barack Obama’s status as our first … Continue reading
Posted in Feminist Legal Scholarship
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Susan Carle, “Short Notes on Teaching About the Micro-Politics of Class, with Examples from Torts and Employment Law Casebooks”
Abstract: This short Essay explores several potential teaching moments in which one might raise issues concerning the micro-politics of socioeconomic class status. I discuss cases found in popular casebooks for three course areas in which I teach: torts, employment, and … Continue reading
Posted in Feminism and Law, Feminist Legal Scholarship, Women and Economics
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Globalization of Surrogacy Markets – US and India
Nazneen Mehta is a second-year law student at Columbia Law School and is writing a Note on the international market in surrogacy services – particularly between relatively affluent “intended parents” in the US and poor female surrogates in India. Her … Continue reading
Posted in Feminism and Families, Feminism and the Workplace, Feminist Legal Scholarship, Reproductive Rights, Women's Health
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Catharine MacKinnon, “The Recognition of Rape as an Act of Genocide – Prosecutor v. Akayesu”
Two related articles are accessible here. Via IntLawGrrls.
Posted in Acts of Violence, Feminism and Law, Feminist Legal Scholarship, Feminists in Academia, Sisters In Other Nations
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Joan MacLeod Heminway and Sarah White, “WANTED: Female Corporate Directors (A Review of Professor Douglas M. Branson’s No Seat at the Table)”
Abstract: In his 2007 book No Seat at the Table, Professor Douglas Branson aptly describes how patterns of male dominance inherent in the legal structures of corporate governance reproduce themselves again and again to keep women out of executive suites … Continue reading
Posted in Feminism and Law, Feminist Legal Scholarship, Women and Economics
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“Red Sex, Blue Sex: Why do so many evangelical teen-agers become pregnant?”
That’s the title of this New Yorker article by Margaret Talbot, which mentions Feminist Law Profs Naomi Cahn and June Carbone prominently, as you can see in the excerpt below: Among blue-state social liberals, commitment to the institution of marriage … Continue reading
Posted in Feminism and Families, Feminism and Law, Feminist Legal Scholarship, Reproductive Rights
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Scott on “Surrogacy and the Politics of Commodification”
Elizabeth Scott (Columbia) has posted to ssrn her article “Surrogacy and the Politics of Commodification.” Here is the abstract: This essay examines the changing social and political meaning of surrogacy contracts over the twenty years since this issue first attracted … Continue reading
Posted in Feminist Legal Scholarship, Women's Health
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Imagining Law: On Drucilla Cornell
SUNY Press has published Imagining Law: On Drucilla Cornell, an edited volume of essays by authors in philosophy, political science and law. Each discusses the importance of Professor Cornell’s work. The last essay in the book is Professor … Continue reading
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