Category Archives: Feminist Legal Scholarship

Justice Anthony Kennedy: Thanks for Twenty Years of . . .

Posted on February 18, 2008 by David S. Cohen

Well, thanks for what? Today is the twentieth anniversary of Justice Kennedy taking his seat on the Supreme Court. There are certainly things to thank him for. His switch in Casey saved Roe from being overturned. He authored groundbreaking rulings … Continue reading →

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Some Blatant Self Promotion: Single Sex Education and Masculinity

Posted on February 15, 2008 by David S. Cohen

Please forgive me if this self-promotion is beyond the standards of decency. But, if anyone is interested, I’ve posted the most recent draft of an article I’m working on and would love any feedback people might have if they are … Continue reading →

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Language and Sexism

Posted on February 6, 2008 by Bridget Crawford

In the most recent volume of the Columbia Journal of Gender & the Law, Pat K. Chew (Professor of Law, University of Pittsburgh School) and Lauren K. Kelley-Chew (B.S. Candidate, Stanford University) have published their article, Subtly Sexist Language.   … Continue reading →

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Ouellette on “Moral Reasoning in Judicial Decisions on Same-Sex Marriage”

Posted on February 2, 2008 by Bridget Crawford

Professor Alicia R. Ouellette (Albany) has posted to ssrn her article, “Moral Reasoning in Judicial Decisions on Same-Sex Marriage.”   Here is a portion of the abstract: Even judges who claim to bracket morality do not remain morally neutral toward … Continue reading →

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Erin Buzuvis: “Reading the Pink Locker Room: On Football Culture and Title IX”

Posted on February 1, 2008 by Ann Bartow

Here’s the abstract: This Essay examines the protracted public controversy that erupted after local media reported on my comment to the University of Iowa regarding its decision to renovate the football stadium’s visiting team locker room entirely in pink. My … Continue reading →

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McCluskey on “Razing the Citizen: Economic Inequality, Gender and Marriage Tax”

Posted on January 31, 2008 by Bridget Crawford

Martha McCluskey (Buffalo) as posted to ssrn a chapter of her forthcoming book, Dimensions of Women’s Equal Citizenship.   Here is the abstract of the chapter: This chapter links the failure of U.S. social citizenship ideals to a broader weakness … Continue reading →

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Martha Nussbaum, “Carr, Before and After: Power and Sex in Carr v. Allison Gas Turbine Division, General Motors Corp,” 74 U Chi L Rev 1831 (2007)

Posted on January 14, 2008 by Ann Bartow

Accessible here. The first two paragraphs are below: “Sexual harassment doctrine owes its primary theoretical impetus to the work of Catharine MacKinnon, who convincingly argued that sexual harassment is a form of sex discrimination. MacKinnon offered two different paradigms (the”difference”and … Continue reading →

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Mary Anne Case, “All the World’s the Men’s Room,” 74 U Chi L Rev 1655 (2007)

Posted on January 14, 2008 by Ann Bartow

Read it here, you will be absolutely riveted. Below are the first few paragraphs: “In August 2000, a panel of the Seventh Circuit Court of Appeals upheld the dismissal of Audrey Jo DeClue’s complaint of hostile environment sexual harassment against … Continue reading →

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Pre-Order Mary Dudziak’s New Book!

Posted on January 10, 2008 by Ann Bartow

HERE! And, see also.

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Marina Angel, “Women Lawyers of All Colors Steered to Contingent Positions in Law Schools and Law Firms”

Posted on December 19, 2007 by Ann Bartow

Abstract: This article examines the drastic organizational changes that have taken place in law firms and law schools in the last thirty years and how they have seriously disadvantaged women. Women have been almost 50% of law school graduating classes … Continue reading →

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Infanti on “Everyday Law for Gays and Lesbians”

Posted on December 11, 2007 by Bridget Crawford

Feminist Law Prof Anthony C. Infanti’s new book, Everyday Law For Gays and Lesbians has been published by Paradigm Publishers.   Here’s  Paradigm’s summary: Everyday Law for Gays and Lesbians and Those Who Care about Them accessibly explains the myriad … Continue reading →

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Joanna Erdman, “In the Back Alleys of Health Care: Abortion, Equality and Community in Canada”

Posted on December 10, 2007 by Ann Bartow

The abstract: The decriminalization of abortion in Canada ensured neither its availability nor accessibility as an integrated and publicly funded health service. While Canadian women are increasingly referred to or seek abortion services from single-purpose clinics, their exclusion from public … Continue reading →

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Cynthia Bowman, “Street Harassment and the Informal Ghettoization of Women,” A Retrospective

Posted on November 27, 2007 by Ann Bartow

I can hardly believe that this terrific law review article was published almost 15 years ago. I was reminded of it when I stumbled upon this Salon essay by Debra Dickerson in the course of some research. Dickerson wrote: … … Continue reading →

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Allen on “The Case for Cyberfeminism”

Posted on November 17, 2007 by Bridget Crawford

Feminist Law Prof Anita L. Allen (Penn) has posted to SSRN her essay  “A Dialogue Among Dolls: The Case for Cyberfeminism.”   Here is the abstract:       Four dolls, two plastic and two biological are seated around a … Continue reading →

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Allen’s “Atmospherics”

Posted on October 14, 2007 by Bridget Crawford

Feminist Law Prof Anita L. Allen (U. of Pennsylvania) has posted to ssrn her working paper, “Atmospherics: A Llewellynesque Comment on Abortion Law.”   Here is the abstract: In 1934, Karl N. Llewellyn published a lively essay trumpeting the dawn … Continue reading →

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Lolita Buckner Inniss, “A ‘Ho New World: Raced and Gendered Insult as Ersatz Carnival and the Corruption of Freedom of Expression Norms”

Posted on October 14, 2007 by Ann Bartow

The abstract: Carnivalization, a concept developed by literary theorist Mikhail Bakhtin and later employed in broad social and cultural contexts, is the tearing down of social norms, the elimination of boundaries and the inversion of established hierarchies. It is the … Continue reading →

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Rosenbury on “Friends with Benefits”

Posted on October 12, 2007 by Bridget Crawford

Feminist Law Prof Laura Rosenbury (Washington University in St. Louis School of Law) has posted to ssrn her article, “Friends With Benefits.”   Here is the abstract: Family law has long been intensely interested in certain adult intimate relationships, namely … Continue reading →

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Ramachandran on Mansfield’s Manliness

Posted on October 3, 2007 by Bridget Crawford

Feminist Law Prof Gowri Ramachandran (Southwestern) has posted to ssrn her review of Manliness by Harvey Mansfield.   Here is a portion of the abstract: In this book review, I provide an overview and partial critique of Harvey Mansfield’s Manliness. … Continue reading →

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Single-Minded Scholarship

Posted on September 28, 2007 by Bridget Crawford

From the Chronicle of Higher Education, this call from Bella DePaulo (Psychology, UCSB), Rachel F. Moran (Law, Boalt Hall) and E. Kay Trimberger (Women’s and Gender Studies, Sonoma State Univeristy) for more scholarly attention to single people: Even some of … Continue reading →

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Anita Allen, “Face to Face With ‘It’: And Other Neglected Contexts of Health Privacy”

Posted on September 27, 2007 by Ann Bartow

The abstract: “Illness has recently emerged from the obscurity of medical treatises and private diaries to acquire something like celebrity status,”Professor David Morris astutely observes. Great plagues and epidemics throughout history have won notoriety as collective disasters; and the Western … Continue reading →

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Kevin Noble Maillard and Janis L. McDonald, “The Anatomy of Grey: A Theory of Interracial Convergence”

Posted on September 10, 2007 by Ann Bartow

Here is the abstract: This article offers a theory of racial identity divorced from biological considerations. Law fails to recognize the complexity of racial performance and identity, thus categorically simplifying a perceived polarity of black and white. Ground-breaking scholarship addressing … Continue reading →

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Cahn and Carbone on “Red Families vs. Blue Families”

Posted on September 10, 2007 by Bridget Crawford

Feminist Law Professor Naomi Cahn (George Washington Law School) and June Carbone (University of Missouri at Kansas City School of Law) has posted to ssrn her article Red Families v. Blue Families.   Here is a portion of the abstract: … Continue reading →

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Scholarship on Abortion in the Middle East and North Africa, Spain, and Trinidad and Tobago

Posted on August 28, 2007 by Ann Bartow

Links, titles and abstracts over at Reproductive Rights Prof Blog.

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Andrews’ 2001 Article: “From Gender Apartheid to Non-Sexism: The Pursuit of Women’s Rights in South Africa”

Posted on August 27, 2007 by Bridget Crawford

Feminist Law Prof Penelope Andrews  (CUNY Law School) has posted to ssrn her 2001 article “From Gender Apartheid to Non-Sexism: The Pursuit of Women’s Rights in South Africa.”   Here is the abstract.   This article discusses the quest for … Continue reading →

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“Explaining Women’s Success: Technological Change and the Skill Content of Women’s Work”

Posted on August 15, 2007 by Bridget Crawford

From ssrn.com, this interesting NBER study on labor demographics and the wage gap, using data from West Germany but extrapolating for other industrialized countries. Sandra E. Black and Alexandra Spitz-Oener,”Explaining Women’s Success: Technological Change and the Skill Content of Women’s … Continue reading →

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Infanti on Deconstructing the Duty to the Tax System

Posted on August 15, 2007 by Bridget Crawford

Feminist Law Prof Anthony C. Infanti (Pittsburgh) has posted to ssrn his article “Deconstructing the Duty to the Tax System: Unfettering Zealous Advocacy on Behalf of Lesbian and Gay Taxpayers.”   Here is the abstract: In this article, I consider … Continue reading →

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Lillian Robinson Scholars Program – Concordia University (Montreal)

Posted on August 12, 2007 by Bridget Crawford

From the FLP Mailbox: The Simone de Beauvoir Institute of Concordia University has created the Lillian Robinson Scholars program as a living memorial to Lillian S. Robinson, the late Principal of the Institute. The program provides two (2) different awards … Continue reading →

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“Diversity and Community”

Posted on August 9, 2007 by Ann Bartow

Public radio’s “On Point” aired a show today called “Diversity and Community” that featured Robert Putnam, Pat Buchanan and the always awesomely brilliant and articulate Lani Guinier,   on diversity and community in America. You can listen to it here.

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Cooper on “Bipolar Black Masculinity”

Posted on August 9, 2007 by Bridget Crawford

FeministLawProf Professor Frank Rudy Cooper of Suffolk University Law School has posted to ssrn his article, “Against Bipolar Black Masculinity: Intersectionality, Assimilation, Identity Performance, and Hierarchy.”   Here is the abstract: The reason for bipolar black masculinity is that it … Continue reading →

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Raeder on Comments on Child Abuse Litigation in a ‘Testimonial’ World: The Intersection of Competency, Hearsay and Confrontation

Posted on July 21, 2007 by Bridget Crawford

FeministLawProf Myrna Raeder (Southwestern University School of Law) has  posted to ssrn her article, “Comments on Child Abuse Litigation in a ‘Testimonial’ World: The Intersection of Competency, Hearsay and Confrontation.”    Here is the abstract:   This article explores the … Continue reading →

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Why Spell-Check Is Not Enough

Posted on July 20, 2007 by Bridget Crawford

In the first six months of 2007, at least 18 journals published articles containing citations in which Catharine MacKinnon’s name is misspelled.   The offenders are: Alb. L. Rev. California L. Rev.   Cardozo J.L. & Gender Case W. Res. … Continue reading →

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More on the Income Tax Deductibility of Sex-Change Operations

Posted on July 19, 2007 by Bridget Crawford

Professor Katherine Pratt of Loyola Law School – Los Angeles posted to the TaxProf listserv the following analysis of the income tax deductibility of sex change operations, previously blogged here.    She makes an argument for tax deductibility based on … Continue reading →

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Interview With Catharine MacKinnon

Posted on July 9, 2007 by Ann Bartow

Listen here.

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More on”Super Size Me and the Conundrum of Race/Ethnicity, Gender, and Class for the Contemporary Law-Genre Documentary Filmmaker”

Posted on July 8, 2007 by Bridget Crawford

An anonymous  commentor responded to the post about Professor Regina Austin’s article,”Super Size Me and the Conundrum of of Race/Ethnicity, Gender, and Class for the Contemporary Law-Genre Documentary Filmmaker:” Being black or any other race does not make it an … Continue reading →

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Carissa Byrne Hessick “Violence between Lovers, Strangers, and Friends”

Posted on July 5, 2007 by Ann Bartow

The abstract: The conventional wisdom in criminal law is that violence between strangers is a more serious crime than violence between individuals who know one another. When asked about their crime concerns, most people respond that they fear becoming the … Continue reading →

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Forell on “Making the Argument that Stalking is Gendered”

Posted on July 2, 2007 by Bridget Crawford

Feministlawprof Caroline Anne Forell (University of  Oregon) has posted to ssrn.com her working paper, “Making the Argument that Stalking is Gendered.”   Here is the abstract: This piece discusses the 2003 Oregon court of appeals decision Bryant v. Walker which … Continue reading →

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Austin on “Super Size Me and the Conundrum of of Race/Ethnicity, Gender, and Class for the Contemporary Law-Genre Documentary Filmmaker”

Posted on June 25, 2007 by Bridget Crawford

FeministLawProf Regina Austin  has posted to bepress her article, “Super Size Me and the Conundrum of of Race/Ethnicity, Gender, and Class for the Contemporary Law-Genre Documentary Filmmaker,”   40 Loy. L.A. L. Rev. 683 (forthcoming 2007).   Here is the … Continue reading →

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Silbaugh on “Women’s Place: Urban Planning, Housing Design, and Work-Family Balance”

Posted on June 23, 2007 by Bridget Crawford

FeministLawProf Katharine Baird Silbaugh (Boston University) has posted to ssrn her article “Women’s Place: Urban Planning, Housing Design, and Work-Family Balance.”   Here is the abstract: In the past decade a substantial literature has emerged analyzing the role of work-family … Continue reading →

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Brenda V. Smith, “Sexual Abuse of Women in United States Prisons: A Modern Corollary of Slavery”

Posted on June 20, 2007 by Ann Bartow

Here is the abstract: This paper addresses the sexual abuse of women in custody as a more contemporary manifestation of slavery and discusses the congruencies and the differences that exist between the sexual abuse of women in custody and slavery. … Continue reading →

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Journal of Gender, Social Policy & the Law, Volume 15, No 3

Posted on June 19, 2007 by Ann Bartow

Here is the TOC: Articles The Parentage Puzzle: The Interplay Between Genetics, Procreative Intent, and Parental Conduct in Determining Legal Parentage Deborah H. Wald, Esq. “Not Quite One Gender or the Other”: Marriage Law and the Containment of Gender Trouble … Continue reading →

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Infanti on Tax Equity

Posted on June 19, 2007 by Bridget Crawford

FeministLawProf Anthony C. Infanti (Pittsburgh) has posted to ssrn.com his forthcoming article”Tax Equity.”   Here is part of the abstract: Simply put, this article stands the traditional concept of tax equity on its head. Challenging the notion that tax equity … Continue reading →

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“Victory” in Massachusetts?

Posted on June 14, 2007 by Bridget Crawford

In the words of Governor Deval Patrick,”[i]n Massachusetts today, the freedom to marry is secure.”(Click here  for the NY Times story.) The Massachusetts legislature today rejected, by a margin of only five votes, a proposal to place a constitutional amendment … Continue reading →

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Carys Craig, “Reconstructing the Author-Self: Some Feminist Lessons for Copyright Law”

Posted on June 9, 2007 by Ann Bartow

Here is the abstract: Copyright law currently forces all intellectual production into a doctrinal model shaped by individualistic assumptions about the authorial ideal. To the extent that the truly original author-owner is conceptualized as an individual (and not a function … Continue reading →

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June Carbone and Naomi Cahn on “Behavioral Biology, the Rational Actor Model, and the New Feminist Agenda”

Posted on June 9, 2007 by Bridget Crawford

FeministLawProfs June Carbone and Naomi Cahn have posted to ssrn their new article, “Behavioral Biology, the Rational Actor Model, and the New Feminist Agenda.”   From the abstract: [This paper] will incorporate gender conciousness into critiques of the rational actor … Continue reading →

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Linda Christine Fentiman, “The New”Fetal Protection”: The Wrong Answer to the Crisis of Inadequate Health Care for Women and Children”

Posted on June 8, 2007 by Ann Bartow

Here is the abstract: This article examines recent”fetal protection”efforts, which demonize, disenfranchise, and punish pregnant women. These actions erase the bright line of birth which has historically distinguished children from fetuses, and include criminal prosecutions of pregnant women, civil commitments … Continue reading →

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Anita Bernstein, “Tort Theory, Microfinance, and Gender Equality Convergent in Pecuniary Reparations”

Posted on June 4, 2007 by Ann Bartow

Here is the abstract: Governments around the world have undertaken reparations programs following historically recent experiences of serious human rights violations. This chapter uses tort theory to defend monetary payments as a constituent of national repair. It argues that paying … Continue reading →

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Adam P. Romero, “Methodological Descriptions: “Feminist” and “Queer” Legal Theories”

Posted on May 15, 2007 by Ann Bartow

Here is the abstract: This essay reviews Janet Halley’s new book Split Decisions: How and Why to Take a Break from Feminism. While emphasizing Halley’s important insights, the essay argues Halley’s apparent queer break from feminism suffers from several fatal … Continue reading →

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“Law and the Emotions: New Directions in Scholarship” Website

Posted on May 3, 2007 by Ann Bartow

The “Law and the Emotions: New Directions in Scholarship,” conference held at UC Berkeley on February 8th and 9th now has a dedicated website here which has links to conference papers and abstracts, and a Papers of Interest page with … Continue reading →

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“Many female lawyers dropping off path to partnership”

Posted on May 2, 2007 by Ann Bartow

From The Boston Globe: … Female lawyers continue to face intractable challenges in their attempts to become partners, causing them to abandon law firm careers — and the legal profession entirely — at a dramatically higher rate than men, according … Continue reading →

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Jody Raphael, “Freeing Tammy: Women, Drugs, and Incarceration”

Posted on May 1, 2007 by Ann Bartow

Jody Raphael, Senior Research Fellow, DePaul College of Law, has recently published the third book in her women, poverty, and violence trilogy, a feminist work (a ten-year project) that uses women’s own voices to show how violence makes and keeps … Continue reading →

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