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Category Archives: Feminist Legal Scholarship
Boso on “Rural Resentment and LGBT Equality”
Luke Boso (Visiting Professor, University of San Francisco School of Law) has posted to SSRN his article, Rural Resentment and LGBT Equality, forthcoming in 70 Fla. L. Rev. (2019). Here is the abstract: In 2015, the Supreme Court in Obergefell … Continue reading
Posted in Feminism and Families, Feminist Legal Scholarship, LGBT Rights
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Lens on “Tort Law’s Devaluation of Stillbirth”
Professor Jill Wieber Lens (Arkansas) has posted to SSRN her article Tort Law’s Devaluation of Stillbirth, forthcoming in the Nevada Law Journal. Here is the abstract: In the United States, more than sixty-five babies die daily due to stillbirth—death of … Continue reading
Posted in Feminist Legal Scholarship
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Murray on “Editing the Wiktionary for ‘Female'”
Yxta Maya Murray (Loyola-LA) has posted to SSRN her essay Editing the Wiktionary Entry for “Female,” Berkeley J. Gender, Law & Justice. It is one essay in a series of pieces about “legal fictions” and the intersections of law, language, … Continue reading
Posted in Feminism and Law, Feminism and the Arts, Feminist Legal Scholarship, Sociolinguistics
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@Dr_KMcLoughlin Reviews Aotearoa New Zealand and Northern/Irish Feminist Judgments Books
Dr. Kcasey McLoughlin (Newcastle Law School, Australia) has published a review of Feminist Judgments of Aotearoa New Zealand, Te Rino: A Two Stranded Rope (Rhonda Powell, Elisabeth MacDonald, Māmari Stephens & Rosemary Hunter eds., 2017) and Northern/Irish Feminist Judgments: Judges’ … Continue reading
Posted in Courts and the Judiciary, Feminist Legal Scholarship, Sisters In Other Nations
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Murray’s “Foul Paper” on Kozinski, “Draft of a Letter of Recommendation”
Yxta Maya Murray (Loyola LA) has posted to SSRN her powerful essay Draft of a Letter of Recommendation to the Honorable Alex Kozinski, Which I Guess I’m Not Going to Send Now, 25 Michigan Journal of Gender & Law 59 … Continue reading
Posted in Courts and the Judiciary, Feminist Legal Scholarship, Law Schools
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Waldman on “The Preferred Preferences”
Emily Gold Waldman (Pace) has posted to SSRN her article The Preferred Preferences, (forthcoming, 97 North Carolina Law Review (2018)). Here is the abstract: In theory, customer preferences cannot justify discriminatory treatment by employers. The reality is more complicated. Built … Continue reading
Posted in Employment Discrimination, Feminist Legal Scholarship
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Gilman and Green on “The Surveillance Gap”
Michele E. Gilman (Baltimore) & Rebecca Green (William & Mary) have posted to SSRN their article The Surveillance Gap: The Harms of Extreme Privacy and Data Marginalization, 42 NYU Rev. L. & Soc. Change 253 (2018). Here is the abstract: … Continue reading
Posted in Criminal Law, Feminism and Economics, Feminist Legal Scholarship
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Kukura on “Obstetric Violence” in @GeorgetownLJ
Elizabeth Kukura (VAP, Drexel) has posted to SSRN her article Obstetric Violence, 106 Geo. L.J. 721 (2018). Here is the abstract: Maternity care in the United States is in a state of crisis, characterized by high cesarean rates, poor performance … Continue reading
Posted in Feminist Legal Scholarship, Women's Health
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Maynard on “How the NCAA Infringes on the Freedom of Families”
Goldburn P. Maynard Jr. (Louisville) has published in the Wisconsin Law Review Online his essay “They’re Watching You: How the NCAA Infringes on the Freedom of Families.” Here is an excerpt: This Essay argues that the NCAA’s surveillance of the … Continue reading
Posted in Feminism and Economics, Feminism and Families, Feminism and Sports, Feminist Legal Scholarship, Race and Racism
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Henderson on “The Intersectional Life and Times of Lutie A. Lytle”
Taja-Nia Y. Henderson (Rutgers) has published a new article in the Iowa Law Review: ‘I Shall Talk to My Own People’: The Intersectional Life and Times of Lutie A. Lytle, 102 Iowa L. Rev. 1983 (2017). For those not familiar … Continue reading
Posted in Feminist Legal History, Feminist Legal Scholarship, Law Schools, Law Teaching, Legal Profession, Race and Racism
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Campbell on “Women, Poverty, Equality The Role of CEDAW”
Meghan Campbell (University of Birmingham [U.K.]) has a new book published by Hart Publishing called Women, Poverty and Equality: The Role of CEDAW. Here is the publisher’s description: The stark reality is that throughout the world, women disproportionately live in … Continue reading
Posted in Feminist Legal Scholarship, Sisters In Other Nations, Socioeconomic Class, The Overrepresentation of Women, Women and Economics
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Keeping Up With Feminist Scholarship in Other Disciplines
Feminist Periodicals is an online quarterly generated by the Office of Gender and Women’s Studies Librarian at the University of Wisconsin. It reprints the tables of contents of 150 (non-law) magazines and journals for researchers scanning the current literature in … Continue reading
Posted in Academia, Feminist Legal Scholarship
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SSRN Just Added a “Women’s & Gender Studies Research Network”
The Social Science Research Network has launched a Women’s & Gender Studies Research Network with a robust list of topics and subtopics, as well as the customary Professional Announcements and Professional Job Openings. Although I remain wary of the future and operations … Continue reading
Posted in Feminist Legal Scholarship
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Ben-Asher on Faith-Based Emergency Powers
Noa Ben-Asher (Pace) has posted to SSRN her article, Faith-Based Emergency Powers, forthcoming in the Harvard Journal of Law & Gender. Here is the abstract: This Article explores an expanding phenomenon that it calls Faith-Based Emergency Powers. In the twenty-first … Continue reading
Posted in Feminism and Politics, Feminism and Religion, Feminist Legal Scholarship, LGBT Rights, Women's Health
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Tait on “Corporate Family Law”
Allison Anna Tait (Richmond) has published Corporate Family Law, 112 Nw. U. L. Rev. 1 (2017). Here is the abstract: There is no such thing as corporate family law. But there are corporate families, and corporate families fight. What happens … Continue reading
Posted in Feminism and Economics, Feminism and Families, Feminist Legal Scholarship
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CFP Feminist Judgments Project India, @FJP_India
From colleagues at Jindal Global Law School in India, this Call for Participation: The Feminist Judgment Project India imagines the possibilities of collaborative writing of alternate judgments for several Indian cases across a broad range of legal issues having a … Continue reading
Posted in Courts and the Judiciary, Feminist Legal Scholarship, Sisters In Other Nations
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Corbin on “Government Employee Religion”
Caroline Mala Corbin (Miami) has posted to SSRN her article, Government Employee Religion, Arizona St. L.J. (forthcoming). Here is the abstract: Picture a county clerk who refuses to issue a marriage license to an LGBT couple or a city bus … Continue reading
Posted in Feminism and Religion, Feminist Legal Scholarship
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Israeli Supreme Court Cites Feminist Law Profs in Opinion on Surrogacy
The Israel Supreme Court has cited three feminist law profs in an important decision (here — in Hebrew) regarding the constitutional right to enter into surrogacy agreements under Israeli law. The scholars cited (in English) are: Gaia Bernstein (Seton Hall), … Continue reading
Posted in Feminism and Families, Feminist Legal Scholarship, Reproductive Rights, Sisters In Other Nations
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New Book Announcements: Constitutions and Gender
Constitutions and Gender, a new book edited by Helen Irving (University of Sydney) has been published by Edward Elgar Publishing. Here is the publisher’s description: The idea that constitutions are gendered is not new, but its recognition is the product … Continue reading
Posted in Courts and the Judiciary, Feminism and Law, Feminist Legal Scholarship, Sisters In Other Nations
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Goodmark on “Should Domestic Violence Be Decriminalized?”
Leigh Goodmark (Maryland) has posted to SSRN her article, Should Domestic Violence Be Decriminalized? 40 Harv. J. of L. & Gender 53 (2017). Here is the abstract: In 1984, the United States started down a path towards the criminalization of … Continue reading
Posted in Acts of Violence, Feminism and Families, Feminist Legal Scholarship
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Meier on “Mapping Gender: Shedding Empirical Light on Family Courts’ Treatment of Cases Involving Abuse and Alienation”
Joan Meier (GW) has posted to SSRN her article, Mapping Gender: Shedding Empirical Light on Family Courts’ Treatment of Cases Involving Abuse and Alienation, 35 Law & Ineq. 311 (2017). Here is the abstract: This article provides an empirical view … Continue reading
Posted in Courts and the Judiciary, Feminism and Families, Feminist Legal Scholarship
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An interesting essay, not quite sure the question posed is answered
In case it’s missed on this holiday weekend (for those who feel like celebrating America), a piece in today’s Chronicle of Higher Ed, Can Feminist Scholarship Stop Sexism?, by Becca Rothfeld, a new Ph.D. candidate in philosophy at Harvard, is worthy of … Continue reading
Posted in Academia, Feminism and Culture, Feminism and the Workplace, Feminist Legal Scholarship, Feminists in Academia
Tagged sexism
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Ben-Asher on “In the Shadow of a Myth: Bargaining for Same-Sex Divorce
Noa-Ben Asher (Pace) has posted to SSRN her article “In the Shadow of a Myth: Bargaining for Same-Sex Divorce,” forthcoming in 78 Ohio St. L.J. (2017). Here is the abstract: This Article identifies and offers solutions to an emerging problem … Continue reading
Posted in Feminism and Families, Feminist Legal Scholarship, LGBT Rights
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What We Know (and Don’t Know) About the Tax Code’s Impact on Small Businesses Owned by Women
Caroline Bruckner, an Executive in Residence, Department of Accounting and Taxation at the Kogood School of Business (American University), has published a report entitled Billion Dollar Blind Spot: How the U.S. Tax Code’s Small Business Expenditures Impact Women Business Owners. It … Continue reading
Posted in Feminism and Economics, Feminist Legal Scholarship, Women and Economics
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New Book Announcement: “Gender Equality in Law” by Barbara Havelková
Hart Publishing has just released Gender Equality in Law: Uncovering the Legacies of Czech State Socialism by Barbara Havelková, the Shaw Foundation Fellow in Law at the University of Oxford. Here is the publisher’s description of the book: Gender equality … Continue reading
Posted in Feminist Legal Scholarship, Recommended Books
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Announcing the Publication of Feminist Judgments: Rewritten Opinions of the United States Supreme Court
I am excited to announce that Feminist Judgments: Rewritten Opinions of the United States Supreme Court has been published by Cambridge University Press. This volume, edited by Kathy Stanchi (Temple), Linda Berger (UNLV) and me includes contributions from over 50 … Continue reading
Posted in Courts and the Judiciary, Feminist Legal Scholarship, Law Teaching, Recommended Books
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Areheart on “The Symmetry Principle”
Brad Areheart (Tennessee) has posted to SSRN his working paper “The Symmetry Principle.” Here an abstract. Antidiscrimination principles have been studied and written about for decades. Surprisingly, the question of how some laws protect symmetrically, while others protect asymmetrically, has … Continue reading
Posted in Feminist Legal Scholarship
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Higdon on “Divorce and the Serial Monogamist: The Ex Ante Consequences of Legalized Polygamy”
Michael Higdon (Tennessee) has posted to SSRN his paper, Divorce and the Serial Monogamist: The Ex Ante Consequences of Legalized Polygamy. Here is the abstract: The question of whether the fundamental right to marry might also include the right to … Continue reading
Posted in Feminism and Families, Feminist Legal Scholarship
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Jamie Abrams on “Women’s Acts of Violence”
Jamie Abrams (Louisville) has posted to SSRN her article The Feminist Case for Acknowledging Women’s Acts of Violence, Yale J. Law & Feminism 101 (2016). Here is the abstract: This Article makes a feminist case for acknowledging women’s acts of … Continue reading
Posted in Acts of Violence, Feminist Legal Scholarship
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Exclusive Review Opportunity at Penn State Law Review
From the students at the Penn State Law Review: The Penn State Law Review is conducting a direct article review to fill positions in Volume 121: Issue 1 and 2. Any article submitted to this review between now and May 9th will … Continue reading
Posted in Feminist Legal Scholarship
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Studies in Law, Politics, and Society: Special Feminist Legal Theory Issue
A new issue of the interdisciplinary journal Studies in Law, Politics, & Society is devoted to feminist legal theory. Here’s an excerpt from the Intro: Half a century after the beginning of the second wave, feminist legal theorists are still … Continue reading
Posted in Academia, Feminist Legal Scholarship
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Feminist Judgments: Rewritten Tax Opinions – Potential Cases
bumping to the front; February 29 deadline Cases that applicants to Feminist Judgments: Rewritten Tax Opinions may wish to consider (not an exhaustive list; all tax-related cases are appropriate for rewriting): U.S. v. Rickert, 188 U.S. 432 (1903) (tribal trust … Continue reading
Posted in Feminism and Law, Feminist Legal Scholarship
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Tait on “The Return of Coverture”
Allison Anna Tait (Richmond) has posted to SSRN her essay, The Return of Coverture, 114 Mich. L. Rev. First Impressions (2016). Here is the abstract: Once, the notion that husbands and wives were equal partners in marriage seemed outlandish and … Continue reading
Posted in Feminism and Families, Feminist Legal History, Feminist Legal Scholarship, LGBT Rights
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“How I Learned to Stop Writing for Old White Men”
That’s the title of this op-ed by Claire Vaye Watkins that appeared in the LA Times last month. Here’s an excerpt: I’ve watched boys play drums, guitar, sing, watched them play football, baseball, soccer, pool, “Dungeons and Dragons” and “Magic: … Continue reading
Posted in Feminism and Culture, Feminist Legal Scholarship
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Lisa Pruitt’s Impact on Major Genocide Conviction
The work of Lisa Pruitt (UC Davis) is the subject of this story in the Sacramento Bee about the importance of Professor Pruitt’s work to securing a genocide convinction against Rwandan mayor Jean-Paul Akayesu: Pruitt moved to London in her … Continue reading
Posted in Acts of Violence, Feminist Legal Scholarship, Feminists in Academia, Sisters In Other Nations
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Joshi, “The Respectable Dignity of Obergefell v. Hodges”
Yuvraj Joshi, the Peter and Patricia Gruber Fellow in Global Justice at Yale Law School, has posted to SSRN his essay, The Respectable Dignity of Obergefell v. Hodges, forthcoming in the California Law Review’s Circuit (online publication). Here is an … Continue reading
Posted in Feminism and Families, Feminist Legal Scholarship, LGBT Rights
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Areheart on “Accommodating Pregnancy”
Bradley Areheart (Tennessee) has posted to SSRN his forthcoming article, Accommodating Pregnancy, __ Alabama Law Review __ (2016). Here is the abstract: Courts have interpreted the Americans with Disabilities Act (ADA) and the Pregnancy Discrimination Act (PDA) not to affirmatively … Continue reading
Posted in Feminist Legal Scholarship
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A New Blog Devoted To the History of Women Lawyers
Bari Burke, University of Montana School of Law, has launched a new blog, Montana’s Early Women Lawyers: Trail-Blazing, Big Sky Sisters-In-Law. Each post focuses on an interesting (and unknown) story about a female lawyer from the past, which Professor Burke … Continue reading
Posted in Academia, Employment Discrimination, Feminist Blogs Of Interest, Feminist Legal History, Feminist Legal Scholarship, Feminists in Academia, Law Teaching, Legal Profession
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Report on AALS Midyear Meeting Workshop on “Next Generation Issues of Sex, Gender, and the Law”
The AALS’s 2015 Midyear Meeting Workshop on “Next Generation Issues of Sex, Gender, and the Law” concluded Friday in Orlando. It was one of the best substantive programs I have attended in many years. The quality of the speakers was … Continue reading
Posted in Academia, Feminist Legal Scholarship, Reproductive Rights
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The Influence of the Internet, Social Norms, and Law On Girls and Young Women
Jane Bailey, University of Ottawa, Common Law Section, is publishing A Perfect Storm: How the Online Environment, Social Norms and Law Shape Girls’ Lives in eGirls eCitizens (Jane Bailey and Valerie Steeves, eds; Ottawa, University of Ottawa Press, 2015). Here … Continue reading
Posted in Feminism and Technology, Feminist Legal Scholarship, Feminists in Academia
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Corbin on “Intentional Discrimination in Establishment Clause Jurisprudence”
Caroline Mala Corbin (Miami) has posted to SSRN her paper, Intentional Discrimination in Establishment Clause Jurisprudence, forthcoming in the Alabama Law Review. Here is the abstract: In Town of Greece v. Galloway, the Supreme Court upheld a legislative prayer practice … Continue reading
Posted in Feminism and Religion, Feminist Legal Scholarship
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Corbin on “Exploiting Mixed Speech”
Caroline Mala Corbin (Miami) has posted to SSRN her essay, Exploiting Mixed Speech, 103 Cal. L. Rev. Circuit (forthcoming 2015). Here is the abstract: The Supreme Court has been taking advantage of mixed speech – that is, speech that is … Continue reading
Posted in Feminist Legal Scholarship
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The Battered Woman Syndrome In Canadian Criminal Law
Elizabeth A. Sheehy, University of Ottawa, Common Law Section, has published Defending Battered Women on Trial, at Defending Battered Women on Trial: Lessons From the Transcripts 1 (Vancouver: UBC Press, 2014). Here is the abstract. In the landmark Lavallee decision … Continue reading
Posted in Acts of Violence, Criminal Law, Feminism and Families, Feminist Legal Scholarship, Firsts, Sisters In Other Nations
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ABA Journal Coverage of “Feminist Judgments” Project
The February 2015 print edition of the ABA Journal gives a nice shout-out to the forthcoming Feminist Judgments book in an article by Leslie A. Gordon, New Project Rewrites SCOTUS Opinions from a Feminist Perspective. Here is an excerpt: More … Continue reading
Posted in Courts and the Judiciary, Feminist Legal Scholarship, Recommended Books
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On Libertarian Feminism
Over at libertarianism.org, author Elizabeth Nolan Brown writes about “Carceral Feminism and the Libertarian Alternative.” Here is an excerpt: [A]s ideologies and movements, libertarianism and feminism have a lot to offer one another. Not every libertarian matter is necessarily a … Continue reading
Posted in Feminist Legal Scholarship, Sociolinguistics
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Reimagining VAWA in Service of Progressive Reform
The year 2014 marked the 20th anniversary of the federal Violence Against Women Act (VAWA). That milestone presented an opportunity to critically reflect on current gender-violence policy, and to build on shared critiques to flesh out an alternative agenda. In … Continue reading
Posted in Acts of Violence, Feminist Legal Scholarship
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Courtney Joslin, “Leaving No (Nonmarital) Child Behind”
Courtney Joslin (UC Davis) has posted to SSRN her article, Leaving No (Nonmarital) Child Behind, 48 Fam. L. Q. 495 (2014). Here is the abstract: Almost ten years, in 2005, I wrote a piece for the Family Law Quarterly describing … Continue reading
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Jamie Abrams, “The Illusion of Autonomy in Women’s Medical Decision-Making”
Jamie R. Abrams (Louisville) has posted to SSRN her article, The Illusion of Autonomy in Women’s Medical Decision-Making, 42 Fla. St. U. L. Rev. 1 (2015). Here is the abstract: This article considers why there is not more conflict between … Continue reading
Posted in Feminist Legal Scholarship
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Heen, “Nondiscrimination in Insurance: The Next Chapter”
Mary Heen (Richmond) has posted to SSRN her article, Nondiscrimination in Insurance: The Next Chapter, 49 Georgia L. Rev. 1 (2014). Here is the abstract: For nearly 150 years, American insurance companies have engaged in race and gender pricing practices … Continue reading
Posted in Feminism and Economics, Feminism and Law, Feminist Legal Scholarship, Women and Economics
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Balkinization Roundtable on Clare Huntington’s “Failure to Flourish: How Family Law Undermines Family Relationships””
There’s been a symposium over at Balkinization about Clare Huntington’s book, Failure to Flourish: How Family Law Undermines Family Relationships. A round-up of all the posts is here. -Bridget Crawford
Posted in Feminism and Families, Feminist Legal Scholarship
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