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Category Archives: Feminist Legal Scholarship
Feminist Law Prof Susan Scafidi Was On ABC TV Talking About Fashion!
Not everyone will agree with her views about copyright laws and “design piracy,” but she did a terrific job of explaining the issues. You can see the interview here, via her blog, Counterfeit Chic.
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Emma Coleman Jordan on “Women CEO’s and Corporate Gender Warfare”
At the Georgetown Law Faculty Blog, Emma Coleman Jordan has an important post up. Below is an excerpt: … Today, the Hewlett Packard Corporation finds itself embroiled in a bitter dispute surrounding the firing of one board member and the … Continue reading
Posted in Feminism and Culture, Feminist Blogs Of Interest, Feminist Legal Scholarship
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“Feminist Methodologies for International Relations”
Edited by Brook A. Ackerly, Maria Stern, and Jacqui True, the book’s webpage provides this overview: Why is feminist research carried out in international relations (IR)? What are the methodologies and methods that have been developed in order to carry … Continue reading
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Dan L. Burk, “Feminism and Dualism in Intellectual Property”
Here is the abstract: Intellectual property law constitutes one of the primary policy tools by which society influences the development and design of new technologies. However, the underlying philosophical basis for this system of rewards has gone largely unexamined. For … Continue reading
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What Is “Feminist” Legal History?
A student asked me this question: may legal history scholarship properly be categorized as “feminist” because it includes (or even centers) women in an otherwise conventional narrative? I think the answer is no, not any more. Writing about … Continue reading
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Nantiya Ruan on Payments to Plaintiffs in Discrimination Class Action
Nantiya Ruan (U. Denver Law School) has posted on SSRN, Bringing Sense to Incentives: Harmonizing Courts’ Chaotic Caselaw on Class Action Incentive Payments. It makes what I find to be a really persuasive point about how courts handle class … Continue reading
Posted in Academia, Feminism and Law, Feminist Legal Scholarship, Feminists in Academia, Guest Blogger
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Emotional Biases and Cognitive Rationality? Think Again…
We commonly assume that if we are to behave rationality, we should better rely on cognitive decision making processes, such as balancing reasons, processing facts, calculating cost-benefits, and predicting statistical risks. Three business school professors, Leonard Lee ( Columbia ), … Continue reading
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Medical Bankruptcies
At the blog Credit Slips, law prof Elizabeth Warren notes that “another 1.3 million people lost health insurance between 2004 and 2005. That brings the 2005 total to 46.6 million Americans without health insurance.” She writes: With “medical bankruptcy” having … Continue reading
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“Women in Corporate Law Teaching: A Tale of Two Generations,” by Margaret V. Sachs
With all the cyber-discussion of reprints v. electronic emails, etc., I have to report that I read one recent reprint cover to cover. Maggie Sachs sent me a copy of her latest paper, Women in Corporate Law Teaching: … Continue reading
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KC Sheehan: “Caring for Deconstruction”
Feminist law prof KC Sheehan notes that after a lapse of only 6 years she has posted her article “Caring for Deconstruction” here on on SSRN. According to KC: “The article points out similarities between Robin West’s caring justice and … Continue reading
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Rosa Brooks: “No Escaping Sexualization of Young Girls”
Law Prof and blogger Rosa Ehrenreich Brooks published an op-ed in the LA Times that is accessible here. Below is an excerpt: It’s been a good week for the media, and a bad week for parents. The arrest of former … Continue reading
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New Paper on Confidential Settlements (mine)
I’ve recently posted on SSRN an article that’s sort of half employment discrimination, half civil procedure, and half economic analysis: Illuminating Secrecy: A New Economic Analysis of Confidential Settlements, 105 Mich. L. Rev. __ (2007). The reason I think … Continue reading
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Let Me Know of Your Scholarship
I’ve meant to say this for a while: some of my posts are of the “hey, here’s an interesting new piece of gender-related scholarship” variety, so I would love to hear (and post) about new (or recent) works by by … Continue reading
Posted in Academia, Feminism and Law, Feminist Legal Scholarship, Feminists in Academia, Guest Blogger
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Susan Sturm, “Advancing Workplace Equity in Higher Education”
Susan Sturm’s writings are some of the most interesting analyses of discrimination around; a favorite of mine is her 2001 article, Second Generation Employment Discrimination. Her newest piece just got posted on SSRN: The Architecture of Inclusion: Advancing Workplace … Continue reading
Posted in Academia, Feminism and Law, Feminist Legal Scholarship, Feminists in Academia, Guest Blogger
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Feminist Legal Theory For Beginners?
I got a nice and very funny e-mail from an FLP reader who asked whether this blog could begin posting accessible overviews of feminist legal theory for folks who are interested but haven’t been exposed before. It’s an interesting idea … Continue reading
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Martin Katz on the Riddle of “Causation” in Employment Discrimination Law
Here’s a paper for anyone with an interest in employment discrimination or related fields involving tricky issues of proving discriminatory motive (e.g., consumer or housing discrimination). Martin Katz of U. Denver Law recently published The Fundamental Incoherence of Title VII: … Continue reading
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“Victorious Transsexuals in the Courtroom: A Challenge for Feminist Legal Theory”
Written by Anna R. Kirkland, this article was published in Law & Social Inquiry, Vol. 28, No. 1, pp. 1-37, March 2003, but very recently made available for downloading here at SSRN. Below is the abstract: Transsexual and transgendered people, … Continue reading
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“Feminist Praxis in a Trade Union Gender Project”
“Feminist Praxis in a Trade Union Gender Project” by Sue Ledwith appears in Industrial Relations Journal, Vol. 37, No. 4, pp. 379-399, July 2006. It can be downloaded here. Below is the abstract: “Research as political feminist engagement is explored … Continue reading
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“Fashion’s Cutthroat Edge”
Feminist Law Prof Susan Scafidi got a nice mention in today’s NYT, as follows: FOR about a decade, Susan Scafidi, an associate law professor at Southern Methodist University, maintained a file on the fashion industry in her office”and the latest … Continue reading
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New Paper – Sonia Katyal on Lawrence v. Texas
For some of my posts during this guest-blogging stint, I’ll provide a link to, and abstract of, interesting gender/feminism/discrimination-related papers I stumble across. Here’s one I just got in some of my SSRN spam: Sonia Katyal, Sexuality and Sovereignty: … Continue reading
Posted in Feminism and Culture, Feminism and Law, Feminist Legal Scholarship, Feminists in Academia, Guest Blogger, Sisters In Other Nations
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CFP: “An Uncomfortable Conversation on Sociobiology, Evolutionary Psychology, and Feminist Legal Theory”
From the CFP: This is the first of a planned series of workshops that will examine the implications of the increasing use of theories of sociobiology and evolutionary psychology to explain persistent inequalities between men and women. The primary aim … Continue reading
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Work/Life Balance
That’s the topic of this op-ed in The Oregonian, entitled “Power moms not only ones needing help,” which quotes Feminist Law Prof Naomi Cahn: Surely the nation has reached its quota on books and articles about highly educated, professional women … Continue reading
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Martha Nussbaum Reviews “Are Women Human?” by Catharine MacKinnon
Her review is available at The Nation. Below is an excerpt: MacKinnon’s central theme, repeatedly and convincingly mined, is the hypocrisy of the international system when it faces up to some crimes against humanity but fails to confront similar harms … Continue reading
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Belle Lettre, “The Political and Performative Aspects of Race and Gender”
Cross-posted at Law and Letters: Here’s an interesting article by Erin Aubry Kaplan at the LA Times on the political and performative aspects of “black hair” , worth quoting at length: In short, the debate about the best choices for … Continue reading
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Carol Sanger: “Infant Safe Haven Laws: Legislating in the Culture of Life”
I heard Carol give a really interesting presentation about this paper a year or so ago, and am happy to see that it is now available at SSRN here. Below is the abstract: This Article analyzes the politics, implementation, and … Continue reading
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Jessica Price: “‘Don’t Be Beguiled’: Gender, Inside-Outsiders, and Justice in the Stories of Lowell B. Komie”
Here is the abstract: This essay discusses how the short stories of Chicago lawyer Lowell B. Komie (particularly the stories collected in the recent volume The Legal Fiction of Lowell B. Komie) showcase gender and lawyer stereotypes in a way … Continue reading
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Levit on Confronting Conventional Thinking: The Heuristics Problem in Feminist Legal Theory
Feminist Law Prof Nancy Levit (University of Missouri — Kansas City School of Law) has posted to ssrn her article, “Confronting Conventional Thinking: The Heuristics Problem in Feminist Legal Theory,” Cardozo Law Review, Vol. 28, 2006. Here is the … Continue reading
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Martha Nussbaum on “Manliness”
Martha Nussbaum wrote a completely awsome review of “Manliness” by Harvey Mansfield. Below is an excerpt but by all means read it in its entirety here: …Mansfield’s assertions (I cannot quite call them arguments) seem to be as follows. Manliness, … Continue reading
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Legal and Socio-Legal Feminist Scholars From Around the World Confront the Nation State
Having just returned from several weeks visiting at the AHRC Research Centre for Law, Gender and Sexuality, I offered to guest blog about the recently hosted conference ‘Up Against the Nation-States of Feminist Legal Theory’. The conference was held from … Continue reading
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Forell on The Meaning of Equality: Sexual Harassment, Stalking, and Provocation in Canada, Australia, and the United States
Feminist Law Prof Caroline Anne Forell (University of Oregon School of Law) has posted to ssrn her article, “The Meaning of Equality: Sexual Harassment, Stalking, and Provocation in Canada, Australia, and the United States,” 8 Thomas Jefferson L. Rev. (2006). … Continue reading
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Cahn on Women in Post-Conflict Reconstruction: Dilemmas and Directions
Feminist Law Prof Naomi Cahn (George Washington University Law School) has posted to ssrn her article, “Women in Post-Conflict Reconstruction: Dilemmas and Directions,” 12 William & Mary J. of Women & L. 335 (2006). Here is the abstract: A … Continue reading
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Marc Spindelman on the Connections Between Sex Equality and Lesbian and Gay Rights.
Feminist law prof Marc Spindelman has published commentary (linked below) about a case, Ohio v. Carswell, that the Ohio Supreme Court has recently agreed to hear which involves a challenge to the state’s domestic violence law under Ohio’s recently-enacted (anti-gay) … Continue reading
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Infanti on Homo Sacer, Homosexual: Some Thoughts on Waging Tax Guerrilla Warfare
Feminist Law Prof Anthony C. Infanti (University of Pittsburgh) has posted to ssrn his article, “Homo Sacer, Homosexual: Some Thoughts on Waging Tax Guerrilla Warfare,” Unbound: Harvard Journal of the Legal Left, Forthcoming. Here is the abstract: Inspired by … Continue reading
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Pornography, Rape, Feminism and Catharine MacKinnon
I know that there are deep divisions of thought within feminism about pornography. My impression, based on the literature I am familiar with, is that we are a lot less divided about rape. Pornography and rape are two areas in … Continue reading
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Rosenblum on Parity/Disparity
Feminist Law Prof Darren Rosenblum (Pace University School of Law) has posted to ssrn his article, “Parity/Disparity: Electoral Gender Inequality on the Tightrope of Liberal Constitutional Traditions,” 39 UC Davis Law Review, Vol. 1119 (2006). Here is the … Continue reading
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Ventry on “For Richer, For Poorer: How Tax Policymakers Have Protected and Punished American Families, 1913-2006”
Scholars of family law, taxation, economics, history and gender studies will be interested in a forthcoming book by Dennis J. Ventry, Jr., a rising star who joins the faculty at American University Washington College of Law this Fall. Ventry’s … Continue reading
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Donald P. Harris, Daniel Garrie and Matthew Armstrong, “Sexual Harassment: Limiting the Affirmative Defense in the Digital Workplace”
Here is the abstract: “Digital communications sexual harassment is on the rise. Such harassment occurs through sexually offensive and unwarranted e-mails, placing harassing messages on electronic bulletin boards, and other forms of harassment that occur through the Internet. To date, … Continue reading
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Zalesne and Barnes on A Unifying Theory of Contract Damages
Feminist Law Prof Deborah Zalesne (City University of New York School of Law) has posted to ssrn her article (co-authored with David Barnes of Seton Hall University School of Law), “A Unifying Theory of Contract Damages,” 55 Syracuse L. Rev. … Continue reading
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Sunder Named Carnegie Scholar
Congratulations to Feminist Law Prof Madhavi Sunder of University of California, Davis, who was recently named as a Carnegie Scholar by the Carnegie Corporation of New York. According to the Carnegie Corporation’s press release, each of the twenty Carnegie Scholars … Continue reading
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Ann Scales, “Legal Feminism: Activism, Lawyering, and Legal Theory”
From the NYU Press page: In the late 1970s, feminist scholars and activists joined together to build a movement aimed at bringing feminist theory and experiences to the practice and teaching of American law. Three decades later, the feminist jurisprudence … Continue reading
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Nancy Levit and Robert R.M. Verchick, “Feminist Legal Theory: A Primer”
From the Amazon.com page: In this outstanding primer, the authors introduce the diverse strands of feminist legal theory and the array of substantive legal issues relevant to women’s and gender studies. The book centers on feminist legal theories:including equal treatment … Continue reading
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Sean Robertson: “Re-imagining Economic Alterity: A Feminist Critique of the Juridical Expansion of Bioproperty in the Monsanto Decision at the Supreme Court”
Abstract: “In May 2004, the Supreme Court of Canada handed down its decision on Monsanto Canada Inc. v. Schmeiser. Higher life forms, such as plants, are not patentable in Canada. However, this decision comforted the agricultural-biotechnology industry by providing protection … Continue reading
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Moss on Against ‘Academic Deference’
Feminist Law Prof Scott Moss (Marquette Law School) has posted to ssrn his article “Against ‘Academic Deference’: How Recent Developments in Employment Discrimination Law Undercut an Already Dubious Doctrine,” 1 Berkeley J. Empl. & Labor L. (2006) Here is the … Continue reading
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Sturm on The Architecture of Inclusiveness: Advancing Workplace Equity in Higher Education
Feminist Law Prof Susan Sturm (Columbia Law School) has posted to ssrn her article, “The Architecture of Inclusiveness: Advancing Workplace Equity in Higher Education,” 29 Harv. J. L. & Gender (2006). Here is a portion of the abstract: … Continue reading
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Report on Bard Conference on Gender Equality, Tax Policies and Tax Reform in Comparative Perspective
Today was the second day of the conference on “Gender Equality, Tax Policies and Tax Reform in Comparative Perspective” held at The Levy Economics Institute of Bard College. Both the formal presentations and informal conversations among conference participants explored how … Continue reading
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“Fair Use and the Fairer Sex: Gender, Feminism, and Copyright Law”
Here’s the abstract: Copyright laws are written and enforced to help certain groups of people assert and retain control over the resources generated by creative productivity. Because those people are predominantly male, the copyright infrastructure plays a role, largely unexamined … Continue reading
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Julie A. Nelson: “Rationality and Humanity: A View from Feminist Economics”
Here’s the abstract: “Does Rational Choice Theory (RCT) have something important to contribute to the humanities? Jon Elster and others answer affirmatively, arguing that RCT is a powerful tool that will lend clarity and rigor to work in the humanities … Continue reading
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Sunder on The Invention of Traditional Knowledge
Madhavi Sunder of University of California, Davis – School of Law has posted to ssrn her paper The Invention of Traditional Knowledge. This is the abstract: James Boyle’s cultural environmentalism metaphor laid the foundation for the recognition and protection of … Continue reading
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Marc Spindelman, “Homosexuality’s Horizon”
Here’s the abstract: In this article, I challenge the conventional left-liberal wisdom about the Massachusetts Supreme Judicial Court’s decision in Goodridge v. Department of Public Health: that Justice Margaret Marshall’s opinion for the court in the case – holding that … Continue reading
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Southern Fried Feminism: Southern Feminist Blogger Census
I’m compiling a list of feminist blogs at which one (or more) of the active bloggers lives in the American South. If you are Southern feminist blogger and want to be included, please leave the name and URL of your … Continue reading
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