Category Archives: Feminist Legal Scholarship

Julie A. Greenberg: “What do Scalia and Thomas Really Think About Sex? Title VII and Gender Nonconformity Discrimination: Protection for Transsexuals, Intersexuals, Gays and Lesbians”

Julie A. Greenberg (Thomas Jefferson School of Law) has a new article available at SSRN: What do Scalia and Thomas Really Think About Sex? Title VII and Gender Nonconformity Discrimination: Protection for Transsexuals, Intersexuals, Gays and Lesbians. Download it here; … Continue reading

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Reinforcing the Dominant Academic Hierarachies One Google Scholar Search At A Time

We’ve all read excellent law review articles that were published in journals of relatively low prestige, and utterly crapulous ones that graced the pages of most highly regarded ones. Online legal research services such as Lexis and Westlaw facilitate the … Continue reading

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Gordon on Law, Lawyers, and Labor

Jennifer Gordon (Fordham University School of Law) has posted to ssrn her paper, “Law, Lawyers, and Labor: The United Farm Workers’ Legal Strategy in the 1960s and 1970s and the Role of Law in Union Organizing Today   Here is … Continue reading

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Wildman on The Persistence of White Privilege

 Feminist Law Prof Stephanie M. Wildman of Santa Clara University School of Law has posted her article “The Persistence of White Privilege,” 18 Wash. U. J. of L. & Pol’y 245 (2005) at  ssrn.   Here is the  abstract:   … Continue reading

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Appleman on The Ethics of Indigent Criminal Representation: Has New York Failed the Promise of Gideon?

 Laura I. Appleman (Hofstra University School of Law) has posted on ssrn her article The Ethics of Indigent Criminal Representation: Has New York Failed the Promise of Gideon?  Here is the abstract: As has been recently documented in a variety … Continue reading

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Interview With Catharine MacKinnon

The interviewer, Stuart Jeffries, doesn’t seem to like her much, but it’s still an interesting read, especially when she talks about her new book, “Are Women Human?” Here’s an excerpt: …Why does MacKinnon matter? She is undeniably one of feminism’s … Continue reading

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Storrow on Quests for Conception: Fertility Tourists, Globalization and Feminist Legal Theory

Richard F. Storrow of the Dickinson School of Law at Pennsylvania State University has published Quests for Conception: Fertility Tourists, Globalization and Feminist Legal Theory at 57 Hastings L.J. 295 (2006).   Here’s part of the abstract:   Fertility tourism … Continue reading

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“Makeup and Women at Work”

This piece has three authors: Devon Carbado, Mitu Gulati, and Gowri Ramachandran. Here is the abstract: “This is a story about gender, makeup and the law. Darlene Jespersen, a bartender, was fired from her job of fifteen years at Harrah’s … Continue reading

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Margaret L. Satterthwaite: “Crossing Borders, Claiming Rights: Using Human Rights Law to Empower Women Migrant Workers”

This article was published almost a year ago, but seems timely and important now. Here is the abstract: “Focusing on the exploitation of migrant domestic workers, this article develops and then uses the methodology of applied international intersectionality to analyze … Continue reading

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Michael Selmi and Naomi Kahn: “Women in the Workplace: Which Women, Which Agenda?”

Abstract: “Much of the work family literature that has blossomed over the last decade has focused on professional women and has emphasized policy changes that would be of less utility to many other working women and men. In this symposium … Continue reading

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Scott Moss, “Against ‘Academic Deference’: How Recent Developments in Employment Discrimination Law Undercut an Already Dubious Doctrine”

Brand new! Here’s the abstract – it’s long and the fact that the first two words of the final paragraph are “In short…” cracked me up, but it looks like a very interesting piece: “When the defendant in an employment … Continue reading

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Verna L. Williams, “Private Choices, Public Consequences: Examining Public Education Reform Through a Feminist Lens”

The abstract: “Using the Supreme Court’s decision in Zelman v. Simmons-Harris as a focal point, this article examines the meaning of private choice in public education reform. In Zelman, the Court addressed the validity of the Cleveland city schools’ voucher … Continue reading

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Phyllis Goldfarb, “A Theory-Practice Spiral: The Ethics of Feminism and Clinical Education”

Abstract: “Should law school classes cultivate professional skills or should they advance a broad intellectual agenda? This Article examines the relationship between theory and practice from the standpoint of two movements within law’s academy: clinical education and feminist jurisprudence. Although … Continue reading

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Myrna Raeder: “Gender-Related Issues in a Post-Booker Federal Guidelines World”

Here is the abstract: “This article updates, expands and revises the author’s previous works concerning gender in sentencing in light of Booker. It describes the dramatic increase of the female incarcerated population in the federal system due primarily to drug … Continue reading

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Alice Ristroph: “Sexual Punishments”

Here is the abstract: “Sex in prison is a peculiar product of the carceral environment, and far more complicated than suggested by the paradigmatic account of prison rape. That account posits predator and prey: a cruel, sadistic perpetrator who manipulates … Continue reading

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Tanya K. Hernandez: “A Critical Race Feminism Empirical Research Project: Sexual Harassment and the Internal Complaints Black Box”

The abstract: “A statistical analysis of 120 survey responses from sexual harassment victims suggests that White women and Women of Color may differ in their uses of internal complaint procedures. Specifically, White women in the study informed their supervisors and … Continue reading

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Marina Angel: “Support the Final Draft Report of the ABA Joint Commission to Evaluate the Model Code of Judicial Conduct Prohibiting Harassment”

I wrote Sexual Harassment by Judges, 45 U. Miami L. Rev. 817 (1991). That article documented the serious problem of the most prestigious members of our profession, judges, abusing their positions to sexually harass, among others, court staff, lawyers, and … Continue reading

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Marina Angel’s Call For Action: Addressing the channeling of women of all colors and men of color to non tenure track law school teaching and administrative positions.

There has been an explosion in the number of non tenure track teachers at law schools. These are predominately clinical and legal writing positions, but the number of lower level administrators (associate and assistant deans and directors) with 1/2 to … Continue reading

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The Feminist Theory Website

Accessible here: “The Feminist Theory Website provides research materials and information for students, activists, and scholars interested in women’s conditions and struggles around the world. The goals of this website are: 1) to encourage a wide range of research into … Continue reading

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The Feminism and Legal Theory Project Presents: “All in the Family? Islam, Women, and Human Rights”

Emory Law School ● Atlanta ● Georgia March 3rd and 4th, 2006 Registration information available here. Friday, March 3, 2006 4:00 PM – 6:30 PM – Session I: Underlying Theory Islamic Feminism and the Issue of Dependency: An Iranian Case … Continue reading

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Lecture by Prof. Reva Siegel: “Collective Memory and the Constitution: Remembering and Forgetting the Nineteenth Amendment”

On Monday, March 6, at 4:00 p.m., Professor Reva Siegel of Yale Law School will deliver the annual Calvin W. Corman Memorial Lecture at Rutgers Law School in Camden, NJ. Professor Siegel’s talk, entitled “Collective Memory and the Constitution: Remembering … Continue reading

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Feminist Jurisprudence Resource Guide

The librarians at Pace Law School have put together a guide called “Researching Feminist Legal Theory.” Some of the guide is specific to that school, but it also has lots of great general information about the journals and search engines … Continue reading

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Feminism and Hunting

Pharyngula and Firedoglake point out one aspect of Cheney’s ill-fated hunting trip that is not getting a lot of attention: “Monday’s hunting trip to Pennsylvania by Vice President Dick Cheney in which he reportedly shot more than 70 stocked pheasants … Continue reading

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Ariela R. Dubler: “Immoral Purposes: Marriage and the Genus of Illicit Sex”

Citation is: 115 Yale L.J. 756 (2006). Does not appear to be available for free downloading anywhere, unfortunately. Here’s the abstract: “In Lawrence v. Texas, the Supreme Court situates its opinion within the history of laws banning sodomy. Lawrence, however, … Continue reading

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“Feminist Perspectives on Law”

“Feminist Perspectives on Law” bills itself as “a resource for UK researchers, teachers and learners” but it’s also pretty handy for Yanks! Click on the links in the “Subject Areas” sidebar for some really useful bibliographies.

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Recalling Shulamith Firestone’s 1968 Essay: THE WOMEN’S RIGHTS MOVEMENT IN THE U.S.A.: NEW VIEW

“What does the word ‘feminism’ bring to mind? A granite faced spinster obsessed with a vote? Or a George Sand in cigar and bloomers, a woman against nature? Chances are that whatever image you have, it is a negative one. … Continue reading

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Bridget Crawford’s Report from Yale’s “Sex for Sale” Symposium

“On Saturday, February 4, 2006, I attended the “Sex for Sale” symposium sponsored by the Yale Journal of Law & Feminism. It was a well-run and intellectually rich conference, organized around two panels. I’ll give an incomplete account of some … Continue reading

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Martha Nussbaum on “The Moral Status of Animals”

Her essay in today’s Chron is here; excerpt below: …”In 2000 AD, the High Court of Kerala, in India, addressed the plight of circus animals “housed in cramped cages, subjected to fear, hunger, pain, not to mention the undignified way … Continue reading

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Malla Pollack: “Towards a Feminist Theory of the Public Domain, or Rejecting the Gendered Scope of United States’ Copyrightable and Patentable Subject Matter”

Forhcoming: William & Mary Journal of Women and the Law, Vol. 12, No. 3, 2006. It’s downloadable at SSRN; below is the abstract: This article presents liberal feminist, essentialist feminist, communitarian feminist, and humanist feminist critiques of the gendered scope … Continue reading

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Kathryn Stanchi: “Who Next, the Janitors? – A Socio-Feminist Critique of the Status Hierarchy of Law Professors”

Here’s the unbluebooked, SSRN-style citation: UMKC Law Review, Vol. 73, No. 2, pp. 469-497, 2004.   You can download this paper from SSRN. Here’s the abstract: This article, which was part of a symposium entitled “Dismantling Hierarchies in Legal Education”, … Continue reading

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New Article: Semiotics of the Scandalous and the Immoral and the Disparaging: Section 2(A) Trademark Law After Lawrence v. Texas

By Llew Gibbons, downloadable here and forthcoming in 2 Marquette Intellectual Property Law Review (2005). Here’s the abstract: In Lawrence v. Texas, the United States Supreme Court held for the first time that morality, standing alone, is not a sufficient … Continue reading

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Sonia Katyal on “Performance, Property, and the Slashing of Gender in Fan Fiction”

You can download the whole draft at SSRN! Here is the abstract: Today, it is no secret that the regime of copyright law, once an often-overlooked footnote to our legal system of property, now occupies a central position in modern … Continue reading

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Gillian Hadfield on “Feminism, Fairness, and Welfare: An Invitation to Feminist Law and Economics”

Wendy Gordon brought this article to my attention last fall, and it’s really interesting. It was apparently published here: Annual Review of Law and Social Science, Vol. 1, p. 285, 2005. Downloadable at SSRN, the abstract is as follows: In … Continue reading

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Myrna Raeder On The Intersection of Hearsay Exceptions and Domestic Violence Prosecutions

Myrna Raeder (Southwestern U. School of Law) has a new article available on SSRN: Remember the Ladies and the Children Too: Crawford’s Impact on Domestic Violence and Child Abuse Cases, 77 Brooklyn Law Review 311 (2005). Here is the abstract: … Continue reading

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