Full Description
Combining analyses of feminist legal theory, legal doctrine, and feminist social movements, The Oxford Handbook of Feminism and Law in the United States offers a comprehensive overview of U.S. legal feminism. Contributions by leading feminist thinkers trace the impacts of legal feminism on legal claims and defenses and demonstrate how feminism has altered and transformed understandings of basic legal concepts, from sexual harassment and gender equity in sports to new conceptions of consent and motherhood. Its chapters connect legal feminism to adjacent intellectual discourses, such as masculinities theory and queer theory, and scrutinize criticisms and backlash to feminism from all sides of the political spectrum. Its examination of the prominent brands of feminist legal theory shows the links and divergences among feminist scholars, highlighting the continued relevance of established theories (liberal, dominance, and relational feminism) and the increased importance of new intersectional, sex-positive, and postmodern approaches.
Unique in its triple focus on theory, doctrine, and social movements, the Handbook recounts the history of activist struggles to pass the Equal Right Amendment, the Anti-Rape and Battered Movements of the 1970s, the contemporary movements for reproductive justice and against campus sexual assault, as well as the #MeToo movement. The emphasis on theory and feminist practice animates discussions of feminist legal pedagogy and feminist influences on judges and judicial decision making. Chapters on emerging areas of law ripe for feminist analysis explore foundational subjects such as contracts, tax, and tort law, and imagine feminist and social justice approaches to digital privacy and intellectual property law, environmental law, and immigration law. The Handbook provides a broad picture of the intellectual landscape and allows both new and established scholars to gain an in-depth understanding of the full range of feminist influence on U.S. law.
Contents
1. The Long History of Feminist Legal Theory
Tracy A. Thomas
2. Liberal Feminist Jurisprudence: Foundational, Enduring, Adaptive
Linda C. McClain & Brittany K. Hacker
3. Dominance Feminism: Placing Sexualized Power at the Center
Kathryn Abrams
4. A Relational Approach to Law and Its Core Concepts
Jennifer Nedelsky
5. A Genealogy of Intersectionality
Emily Houh
6. Sex-Positive Feminism's Values in Search of the Law of Pleasure
Susan Frelich Appleton
7. Feminism is Dead, Long Live Feminisms: A Postmodern Take on the Road to Gender Equality
Camille Gear Rich
8. Gender Disruption, Amelioration and Transformation: A Comparative Perspective
Rosalind Dixon & Amelia Loughland
9. When Queer Theory Goes to Law School
Brenda Cossman
10. Masculinities Theory as Impetus for Change in Feminism and Law
Ann C. McGinley
11. Governance Feminism and Distributional Analysis
Aziza Ahmed
12. The Equal Rights Amendment, Then and Now
Julie C. Suk
13. The Anti-Rape and Battered Women's Movements of the 1970s and 80s
Leigh Goodmark
14. The Title IX Movement Against Campus Sexual Harassment
Nancy Chi Cantalupo
15. Feminism and #MeToo: The Power of the Collective
Tristin K. Green
16. From Reproductive Rights to Reproductive Justice: Abortion in Constitutional Law and Politics
Mary Ziegler
17. Law and Economics Against Feminism
Martha T. McCluskey
18.Backlash Against Feminism: Rethinking a Loaded Concept
Sally J. Kenney
19. Sexual Harassment: The Promise and Limits of a Feminist Cause of Action
Theresa M. Beiner
20. Degendering the Law through Stereotype Theory
Stephanie Bornstein
21. Beyond Battered Women's Syndrome
Sarah M. Buel
22. Title IX: Separate but Equal for Girls and Women in Athletics
Erin E. Buzuvis
23. Consent, Rape, and the Criminal Law
Katharine K. Baker & Michelle Oberman
24. Pregnancy and Work: 50 Years of Legal Theory, Litigation, and Legislation
Deborah A. Widiss
25. Constitutionalizing Reproductive Rights (and Justice)
Hilarie Meyers & Melissa Murray
26. Disputed Conceptions of Motherhood
Jennifer S. Hendricks
27. Applying International Feminist Insights to Gendered Violence in the United States
Tracy Higgins
28.Feminist Pedagogy in Legal Education
Jamie R. Abrams
29. Feminist Judging: Theories and Practices
Kristin Kalsem
30. Contract's Influence on Feminism and Vice Versa
Martha M. Ertman
31.Feminism, Privacy, and Law in Cyberspace
Michele Estrin Gilman
32. Environmental Law and Feminism
Cinnamon P. Carlarne
33. Reconceptualizing the Terms and Conditions of Entry to the United States: A Feminist Reimagining of Immigration Law
Maria Ontiveros
34. Invisible Women and Intangible Property: A Feminist Consciousness Raising for Authors and Inventors
Ann C. Bartow
35. A Taxing Feminism
Anthony C. Infanti & Bridget J. Crawford
36. Tort Law and Feminism
Sarah L. Swan
