Oxford Handbook of Feminism and Law in the United States

The Oxford Handbook of Feminism and Law in the United States provides a wide-ranging exploration of U.S. legal feminism, analyzing both prominent brands of feminist legal theory and key feminist social movements. The Handbook's chapters examine the influence that legal feminism has exerted on law, from the creation of feminist claims such as sexual harassment and gender equity in sports to new understandings of consent, motherhood, and reproductive justice. Contributions from leading feminist thinkers dissect the backlash to feminism and compare feminism to adjacent discourses including queer theory and masculinities theory. The Handbook is also forward-looking insofar as it imagines how legal feminism will affect emerging areas like digital privacy, immigration law, and environmental law. Thanks to its expansive scope and highly-regarded team of editors and contributors, The Oxford Handbook of Feminism and Law in the United States will be an essential source for scholars and students working in a range of interconnected fields.

List of contents

• 1. The Long History of Feminist Legal Theory


• Tracy A. Thomas


• 2. Liberal Feminist Jurisprudence: Foundational, Enduring, Adaptive


• Linda C. McClain and 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 and 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 and 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 and 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 and Bridget J. Crawford


• 36. Tort Law and Feminism


• Sarah L. Swan

About the author

Deborah L. Brake is Professor of Law, John E. Murray Faculty Scholar, and Associate Dean for Research and Faculty Development at the University of Pittsburgh. She is a leading scholar of gender law, best known for her work on Title IX and campus sexual assault, sex equality in sports, and retaliation and discrimination in the workplace. She has written more than twenty-five law review articles and published in top journals such as the Georgetown Law Journal, Minnesota Law Review, William & Mary Law Review, and Harvard Journal of Law & Gender. Her work has been cited by the U.S. Supreme Court and she has twice testified before Congress on the issues of pay discrimination and pay equity.

Martha Chamallas is a Distinguished University Professor and the Robert J. Lynn Chair in Law Emeritus at the Moritz College of Law, The Ohio State University. She is known for her pathbreaking treatise on Feminist Legal Theory and for her writings on sexual harassment, pay equity, and

biases in personal injury law and damages. She is the 2022 recipient of the William L. Prosser award for pioneering the study of gender and race issues in tort law.

Verna L. Williams is the Dean and Nippert Professor of Law at the University of Cincinnati College of Law. Her scholarship explores the intersection of race, gender, and class in such areas as education law and policy in works appearing in such journals as the Georgetown Journal of Modern Critical Race Perspectives, UCLA Women's Law Journal, and the Michigan Journal of Race and Law. Dean Williams served as oral historian for former First Lady Michelle Obama. Before joining the College of Law, Dean Williams was Vice President and Director of Educational Opportunities at the National Women's Law Center, where she was lead counsel and successfully argued before the United States Supreme Court in Davis v. Monroe County Board of Education, which established that Title IX requires educational institutions to respond to

and address complaints of student-to-student sexual harassment.

Summary

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.

Product details

• Authors: Deborah L. Brake, Deborah L. (Professor Brake, Deborah L./ Chamallas Brake, Brake Deborah L., Martha Chamallas, Chamallas Martha, Verna L. Williams
• Publisher: Oxford University Press
• Languages: English
• Product format: Hardback
• Released: 02.07.2023
• EAN: 9780197519998
• ISBN: 978-0-19-751999-8
• No. of pages: 736
• Series: Oxford Handbooks; Oxford Handbooks Series
• Subjects: Social sciences, law, business > Law > International law, foreign law; SOCIAL SCIENCE / Feminism & Feminist Theory, LAW / Gender & the Law, Feminism & feminist theory, Gender & the law, Feminism and feminist theory, Law and society, gender issues