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Category Archives: Feminist Legal Scholarship
“Does a Judge’s Party of Appointment or Gender Matter to Case Outcomes? An Empirical Study of the Court of Appeal for Ontario (Canada)”
Authors Moin A. Yahya and James Stribopoulos conclude that it does. Here is the abstract of their article: A recent study by Cass Sunstein identified ideological differences in the votes cast by judges on the United States Court of Appeals … Continue reading
Posted in Feminist Legal Scholarship, Legal Profession
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Ann Bartow, “Trademarks of Privilege: Naming Rights and the Physical Public Domain”
This paper critiques the branding and labeling of the physical public domain with the names of corporations, commercial products, and individuals. It suggests that under-recognized public policy conflicts exist between the naming policies and practices of political subdivisions, trademark law, … Continue reading
Posted in Feminism and Law, Feminism and Politics, Feminist Legal Scholarship
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April Cherry, “The Detention, Confinement, and Incarceration of Pregnant Women for the Benefit of Fetal Health”
The abstract: This article examines both the state’s role in the detention, confinement, and incarceration of pregnant women for the purported benefit of fetal health, the constitutionality of these actions, and the rights the state endangers when it does act. … Continue reading
Posted in Feminism and Law, Feminist Legal Scholarship, Reproductive Rights, Women's Health
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THERE’S NO CRYING IN LAW SCHOOL!
The inquiry recently posted by Nate Oman at Concurring Opinions and re-posted at Feminist Law Profs about part-time employment possibilities for lawyers made me think of the scene in A League of Their Own in which the manager of the … Continue reading
Posted in Academia, Feminism and Culture, Feminist Legal Scholarship, Feminists in Academia, Law Schools, Legal Profession
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G. Kristian Miccio, “What’s Truth Got To Do With It? A Deontological Critique and Response to Tom Lininger’s Article ‘Reconceptualizing Confrontation After Davis.'”
Below is the introduction: Let me begin by saying that I enjoyed Professor Lininger’s article and found the recommendations aspirational and noteworthy. Let me also say that while I use the term”deontological”in my title, this Essay has nothing to do … Continue reading
Posted in Acts of Violence, Feminism and Law, Feminist Legal Scholarship
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Susan Franck, “Empirically Evaluating Claims About Investment Treaty Arbitration”
Here is the abstract: With the blossoming of empirical legal scholarship, there is an increased appreciation for the insights it offers issues of international importance. One area that can benefit from such enquiry is the resolution of disputes from investment … Continue reading
Posted in Feminism and Law, Feminist Legal Scholarship, Sisters In Other Nations
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Deana Pollard, “Sex Torts”
The abstract: Intentional tort law generally protects personal autonomy and self-determination vigorously by requiring fair disclosure before consent to physical contact is considered voluntary and valid. A glaring exception exists relative to consent to sexual relations. Although American law historically … Continue reading
Posted in Feminism and Law, Feminist Legal Scholarship, Feminists in Academia, Women's Health
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Rebecca Tushnet, “My Fair Ladies: Sex, Gender, and Fair Use in Copyright”
The abstract: Both parodies and legal opinions reflect the culture from which they come, and our culture has many anxieties about sexuality and about women’s bodies. This article explores the ways in which these anxieties play out in fair use … Continue reading
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Penelope Andrews, “Women’s Human Rights and the Conversation Across Cultures”
Penelope Andrews The abstract reports: “This comment examines the vision of women’s rights and equality as outlined in CEDAW. It raises some of the possibilities and limitations associated with universalizing legal norms in a context of enormous global disparities, particularly … Continue reading
Posted in Feminism and Law, Feminist Legal Scholarship, Sisters In Other Nations
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Fuck, SSRN Rankings
SSRN is the Social Science Research Network, a for profit online depository and distribution network for academic papers with an all-male Board of Trustees. My law school pays a fee to SSRN so that my colleagues and I can upload … Continue reading
Posted in Academia, Feminist Legal Scholarship, Law Teaching
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The Number of Women Authors Published In The March 2007 Edition Of The Yale Law Journal?
Zero! And how many women authors were published in the previous (January 2007) issue? Zero again!
Posted in Academia, Feminist Legal Scholarship, Legal Profession
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Pelvic Exams and Informed Consent
This post at Women’s Health News reports: The New England Journal of Medicine has a perspective piece by Adam Wolfberg in the current issue (1), “The Patient as Ally : Learning the Pelvic Examination,” which addresses the issue of teaching … Continue reading
Posted in Acts of Violence, Feminism and Law, Feminist Legal Scholarship, Women's Health
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Joan MacLeod Heminway, “Martha Stewart’s Legal Troubles”
Editor and Feminist Law Prof Joan MacLeod Heminway is a good friend and brilliant scholar. Here is the Amazon.com description of her new book: Martha Stewart’s Legal Troubles: Heminway brings together essays written by legal scholars specializing in both white … Continue reading
Posted in Feminism and Law, Feminist Legal Scholarship, Recommended Books
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Elizabeth M. Schneider, “The Dangers of Summary Judgment: Gender and Federal Civil Litigation”
The abstract: This Article examines the problematic application of summary judgment in federal courts through a study of gender cases. Identifying a new dimension of the interrelationship between procedure and gender, I examine the ways in which summary judgment impacts … Continue reading
Posted in Feminism and Law, Feminist Legal Scholarship, Legal Profession
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Deborah Merritt, “Bias, the Brain, and Student Evaluations of Teaching”
The abstract: Student evaluations of teaching are a common fixture at American law schools, but they harbor surprising biases. Extensive psychology research demonstrates that these assessments respond overwhelmingly to a professor’s appearance and nonverbal behavior; ratings based on just thirty … Continue reading
Posted in Academia, Feminist Legal Scholarship, Law Teaching
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Gender Bias In Supreme Court Outcomes?
Interesting but alarming new research: “Have We Come a Long Way Baby: Female Attorneys Before the United States Supreme Court” by John Szmer, (UNC-Charlotte), Tammy Sarver (Benedictine) and Erin Kaheny (UW-Milwaukee): Abstract: Numerous statistics indicate the presence of gender bias … Continue reading
Posted in Feminism and Law, Feminist Legal Scholarship, Feminists in Academia, Legal Profession
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Ann Bartow, “Some Peer-to-Peer, Democratically and Voluntarily Produced Thoughts About ‘The Wealth of Networks: How Social Production Transforms Markets and Freedom,’ By Yochai Benkler”
As my friend Siva Vaidhyanathan did before me, I wrote a review of Benkler’s (relatively) new book, which can be downloaded here. In fact, I mention Siva’s review in my review, so feel free to offer your review of my … Continue reading
Posted in Academia, Feminism and Technology, Feminist Legal Scholarship, Recommended Books
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Porter, Katherine M. and Thorne, Deborah, “The Failure of Bankruptcy’s Fresh Start”
Here is the abstract: An untested assumption of Chapter 7 bankruptcy is that it rehabilitates debtors for a fresh start in the economy. Using original, longitudinal data, we examine this assumption against the realities of life after bankruptcy. Our findings … Continue reading
Posted in Feminism and Law, Feminist Legal Scholarship
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Feminist Legal Theory Research Guide
Pace University Law Librarian and Adjunct Professor Cynthia Pittson has updated her useful Feminist Legal Theory Research Guide, available here. -Bridget Crawford
Posted in Feminist Legal Scholarship, Law Teaching
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Nick J. Sciullo, “‘This Women’s Work’ in a ‘Man’s World’: A Feminist Analysis of the Farm Security and Rural Investment Act of 2002”
This article appears in 28.3 Whittier L. Rev. 709 (2006). It does not appear to be freely available online, but can be accessed via Lexis or Westlaw. Here is an overview from the introduction: This paper will discuss the background … Continue reading
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Dianne Avery and Marion G. Crain, “Branded: Corporate Image, Sexual Stereotyping, and the New Face of Capitalism”
Abstract: In this Article, we show how the adoption of increasingly sophisticated forms of marketing and branding strategies by service businesses creates property-like interests separate and distinct from workers’ physical and mental labor, from which employers profit: “branded service.” We … Continue reading
Posted in Feminism and Culture, Feminism and Law, Feminist Legal Scholarship
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William B. Turner, “‘The Gay Rights State’: Wisconsin’s Pioneering Legislation to Prohibit Discrimination Based on Sexual Orientation”
Abstract: This article describes the enactment of Wisconsin’s statute prohibiting sexual-orientation discrimination, the nation’s first such statute. In addition to providing details of the statute itself and the process of its enactment, the article focuses on the controversy within the … Continue reading
Posted in Feminism and Law, Feminist Legal Scholarship
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Bhagwat, Faigman and Davis, “Brief of Constitutional Law Professors as Amici Curiae in Support of Respondents in Gonzales v. Carhart”
Here an excerpt from the abstract: The question of what level of deference is owed legislative findings of fact (whether made by Congress or by state legislatures) in constitutional litigation is not a new one. It divided the Supreme Court … Continue reading
Posted in Feminism and Law, Feminist Legal Scholarship, Reproductive Rights
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Susan Frelich Appleton, “Gender, Abortion, and Travel After Roe’s End”
Susan Frelich Appleton‘s abtract: This essay responds to Professor Richard Fallon’s 2006 Childress Lecture at St. Louis University School of Law, If Roe Were Overruled: Abortion and the Constitution in a Post-Roe World. Professor Fallon’s paper exposes as fallacies four … Continue reading
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Meredith Render, “The Man, the State and You: The Role of the State in Regulating Gender Hierarchies”
The abstract: This paper begins with the thesis that an andocentric-assimilation model of women’s liberation both has affected workplace outcomes for women and has desensitized us to those outcomes. The paper then applies that thesis to understandings of “equality” within … Continue reading
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Elizabeth Rose Schiltz “Motherhood and the Mission: What Catholic Law Schools Could Learn from Harvard about Women”
Here is the abstract: This article argues that Catholic law schools have compelling reasons to pay close attention to a largely ignored part of the controversial speech given last year by the President of Harvard University, Lawrence H. Summers, about … Continue reading
Posted in Feminism and Culture, Feminist Legal Scholarship
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Carol Sanger, “Seasoned to the Use”
Here is the abstract: In this essay I argue that through the powerful coincidence of popularity, genre, and theme, Presumed Innocent and The Good Mother reinforce notions about the relation between good sex and bad mothering, and advance serious, nonfiction … Continue reading
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Ellen P. Goodman, “Stealth Marketing and Editorial Integrity”
Here is the abstract for this brilliant article: Stealth Marketing and Editorial Integrity is the first article in the legal literature to address the normative implications of covert marketing in mass media. For business, technological, and cultural reasons, advertisers … Continue reading
Posted in Academia, Feminist Legal Scholarship, Sexism in the Media
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Elizabeth Anderson on Feminist Epistemology
Elizabeth Anderson has made her article, Knowledge, Human Interests, and Objectivity in Feminist Epistemology available online. It’s highly recommended by Larry Solum for anyone interested in the theoretical foundations of feminist theory.
Posted in Feminism and Culture, Feminist Legal Scholarship
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Ellen Sekreta, “Sexual Harrassment, Misconduct, and the Atmopshere of the Laboratory: The Legal and Professional Challenges Faced by Women Physical Science Researchers at Educational Institutions”
Here is the introduction: Former Harvard University President, Larry Summers, once made public remarks correlating women’s intrinsic academic abilities to their scarcity in high-powered science jobs. These controversial comments sparked a debate about the advancement of women scientists at research … Continue reading
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Patrick Shin, “Vive la Difference? A Critical Analysis of the Justification of Sex-Dependent Workplace Restrictions on Dress and Grooming”
Here is the abstract: How is it possible that sex-specific workplace dress and appearance codes do not constitute sex discrimination? I argue in this article that the general doctrines of employment discrimination law do not themselves provide a principled basis … Continue reading
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Ann Bartow, “Open Access, Law, Knowledge, Copyrights, Dominance and Subordination”
Yes I know, the clunky title is almost as long as the essay itself. Here is the abstract: The concept of open access to legal knowledge is at the surface a very appealing one. A citizenry that is well informed … Continue reading
Posted in Feminist Legal Scholarship, Uncategorized
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Jennifer Wriggins, “Toward A Feminist Revision Of Torts”
A pdf of this article, which appeared in Vol. 13:1 (2005) of the J. of Gender, Social Policy & the Law, is available here. Below is an excerpt: “… Tort law has dealt, at times, in a more nuanced way … Continue reading
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Joan Heminway, “Martha Stewart Saved! Insider Violations of Rule 10b-5 for Misrepresented or Undisclosed Personal Facts”
Here is the abstract: This article analyses the criminal securities fraud charges brought against Martha Stewart. Stewart was acquitted of these charges by a federal district court judge in February 2004. Specifically, the article initially focuses on whether the securities … Continue reading
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Jennifer Hendricks, “Essentially a Mother”
Here’s the abstract: This article connects the constitutional jurisprudence of the family to debates over reproductive technology and surrogacy. Despite the outpouring of literature on reproductive technologies, courts and scholars have paid little attention to the constitutional foundation of parental … Continue reading
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Lindsay Blohm and Ashley Riveira, “Presumed Equal: What America’s Top Women Lawyers Really Think About Their Firms”
From the book’s website: Even though men and women have graduated law school at nearly the same rate for two decades, women still make up only 17% of partners at law firms. Since 1995, Presumed Equal has provided valuable insight … Continue reading
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Russell K. Robinson, “Casting and Caste-ing: Reconciling Artistic Freedom and Antidiscrimination Norms”
Here is the abstract: This article examines the legality of race and sex classifications in casting announcements for actors, which are common in the film industry and have profound social consequences, yet have been entirely overlooked by legal scholars. Such … Continue reading
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Varona on Politics, Pragmatism, and the Courts
Feminist Law Prof Anthony E. Varona has posted to ssrn his article, “Politics, Pragmatism, and the Courts: Foreword to the Second Annual Review of Gender and Sexuality Law.” Here is the abstract: Professor Varona analyzes the legal and political … Continue reading
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Rebecca J. Cook and Charles Ngwena, “Women’s Access to Health Care: The Legal Framework”
Here is the abstract: The Millennium Development Goals set ambitious targets for women’s health, including reductions in maternal and child mortality and combating the spread of HIV/AIDS. The law, which historically has often obstructed women’s access to the health care … Continue reading
Posted in Feminist Legal Scholarship, Women's Health
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Nancy Levit: “Theorizing the Connections Among Systems of Subordination”
Here is the abstract: Theorizing the Connections Among Systems of Subordination introduces a symposium that addresses issues on the leading edge of identity theory, race theory, and critical social theory. It explains the concepts of anti-essentialism, intersectionality, multiple consciousness, multi-dimensionality, … Continue reading
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Raeder on Domestic Violence in Federal Court: Abused Women as Victims, Survivors and Offenders
Feminist Law Prof Myrna Raeder has posted to ssrn her article, “Domestic Violence in Federal Court: Abused Women as Victims, Survivors and Offenders.” Here is a portion of the abstract: While domestic violence is typically thought of as a … Continue reading
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Bloggish Overview of Feminist Legal Theory
Introduction: A while back Larry Solum asked me to write a short post about feminist legal theory for his excellent Legal Theory Blog. What follows is a brief (though longer than it probably should be) overview of this scholarly subject … Continue reading
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Props and Thanks to Jim Chen
Jim Chen made my day, and I mean that sincerely, not at all in a Dirty Harryesque “Go ahead, make my day” kind of way (see also), quite the opposite. Read this post at MoneyLaw, and then read this one. … Continue reading
Posted in Feminist Blogs Of Interest, Feminist Legal Scholarship, Feminists in Academia, Law Teaching
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Robin Fretwell Wilson, “Don’t Let Divorce Off the Hook”
Congratulations to Robin Fretwell Wilson on her Op-Ed in the NYT that appeared October 1st! Here is an excerpt: NEW YORK is one of the few states without unilateral no-fault divorce, which means that New York couples can get a … Continue reading
Posted in Academia, Feminism and Law, Feminist Legal Scholarship
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“Mother Superior”
Over at Jurisdynamics, Jim Chen has a post entitled “Mother Superior” that is part of his series on “Genesis for the rest of us.” Here is an excerpt: The sexually hierarchical nature of Genesis’ second creation story has long-term … Continue reading
Posted in Feminism and Culture, Feminist Blogs Of Interest, Feminist Legal Scholarship
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The Rutgers Law Review and Rutgers School of Law-Newark present: SAME-SEX COUPLES AND “THE EXCLUSIVE COMMITMENT” Untangling the Issues and Consequences
Friday, November 10, 2006 9:30 a.m. to 4:30 p.m. Rutgers School of Law-Newark Center for Law and Justice 123 Washington Street Newark, New Jersey Morning: Process and Consequences of Same-Sex Unions ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ This panel will discuss the legal and economic … Continue reading
Posted in Feminism and Law, Feminist Legal Scholarship, Feminists in Academia, Upcoming Conferences
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Jessica Price, “Imagining the Law-Trained Reader: The Faulty Description of the Audience in Legal Writing Textbooks”
Here is the abstract for Jessica Price’s new article: In law schools today, first-year legal writing courses play a crucial role in helping students learn to communicate about the law. Many legal writing teachers approach legal writing education in a … Continue reading
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Young and Boyd on Same-Sex Partnerships in Canada
Claire Young and Susan B. Boyd, both of the University of British Columbia Faculty of Law, have posted to SSRN their article, “Losing the Feminist Voice? Debates on the Legal Recognition of Same Sex Partnerships in Canada.” Here is … Continue reading
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“Jailing Pregnant Women Raises Health Risks”
Commentary by Julie B. Ehrlich, a law student at New York University and legal intern at National Advocates for Pregnant Women, and Lynn M. Paltrow, an attorney and executive director of National Advocates for Pregnant Women: In recent months, pregnant … Continue reading
Posted in Feminism and Law, Feminist Legal Scholarship, Guest Blogger
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Rosa Brooks, “What the Internet Age Means for Female Scholars”
Rosa Brooks’ essay “What the Internet Age Means for Female Scholars” is available as part of the Yale Law Journal’s online “Pocket Parts.” Below is a short excerpt: … Take any random sample of women in the top fifty law … Continue reading
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