Wednesday, August 29, 2018
Call for Papers: Sunday September 16 Deadline
The Feminist Legal Theory
Collaborative Research Network
Seeks submissions for the
Law and Society Association Annual Meeting
May 30 – June 2, 2019 in Washington, D.C., USA
Dear friends and colleagues,
We invite your participation in the panels organized and sponsored by the Feminist Legal Theory Collaborative Research Network (FLT-CRN) at the Law and Society Annual Meeting in Washington, D.C. May 30 – June 2, 2019. The Feminist Legal Theory CRN brings together
law and society scholars across a range of fields who share an interest in feminist legal theory. Information about the Law and Society meeting is available at http://www.lawandsociety.org. We seek proposals that explore feminist legal theory across any substantive area.
If you would like to present a paper as part of a CRN panel, submit your 500 word abstract here by the deadline of Sunday, September 16, 2018.
You must also sign up to join the FLT-CRN Slack page by September 16, 2018 (information on Slack is included at the end of this letter). We are migrating from TWEN to Slack, which is a user-friendly and free platform that will allow those in our community who do not have access to TWEN to participate.
Our goal is to stimulate focused discussion of papers on which scholars are currently working. While you may submit papers that are closer to publication, we are particularly eager to receive proposals for works-in-progress that are at an earlier stage and will benefit from the discussion that the panels will provide. We are also interested in hearing from junior scholars, and welcome submissions from scholars in VAPs, fellowship programs, non-tenure and pre-tenure positions. Furthermore, because the LSA meeting attracts scholars from other disciplines, we welcome multidisciplinary proposals.
The Planning Committee will group accepted papers into panels of four, based on subject
matter. Each invited presenter will commit to presenting for no more than 10 minutes to allow ample time for discussion consistent with the FLT-CRN norms and expectations. A chair or discussant will provide feedback on each paper. If you would like to propose a pre-formed panel of four papers with a chair, please message us on Slack or email firstname.lastname@example.org.
In addition to traditional panels, we are open to some of the other formats that the LSA allows; including Author meets Reader, Salon, or Roundtable. If you have an idea that you think would work well in one of these formats, please email us at the addresses above. Please note that for roundtables, organizers must provide a 500-word summary of the topic and the contributions they expect the proposed participants to make. Please also note that LSA rules limit you to participating only once, either as a paper panelist or as a roundtable participant.
As a condition of participating as a Feminist Legal Theory CRN panelist, you must agree to also serve as a discussant or discussant/chair for another Feminist Legal Theory CRN panel. This requirement helps us to create and sustain a supportive community of scholars. We will take into account expertise and topic preferences.
Chairs organize the panel, as well as moderate. Chairs will develop a 100-250 word description for the session and submit the session proposal to LSA before the anticipated deadline of mid-October. This will ensure that each panelist can submit their proposal, using the panel number assigned.
Discussants read at least one paper assigned to them and prepare a short commentary to offer feedback and serve as a basis for discussion among the panelist and audience members.
Proposals are due Sunday, Sept. 16th to https://form.jotform.com/82105470592959. All Feminist Legal Theory CRN participants must also sign up for Slack by September 16th in order to access information and papers for the conference, even if you are not submitting a proposal (instructions for Slack below).
For proposal submissions, the Jotform requires the following information:
- The title of your proposal;
- A 500 word abstract or summary;
- Your name and title;
- Number of years you have been a law teacher/scholar;
- Your areas of interest and expertise within feminist legal theory;
- Whether this paper is part of a group of papers submitted together as a pre- formed panel.
This information will permit us to organize panels and submit them prior to the LSA’s anticipated deadline in mid-October. In the past, we have accommodated as many panelists as possible, but have been unable to accept all proposals. If we are unable to accept your proposal for the CRN, we will notify you by early October so that you can submit your proposal independently to LSA.
We hope you will join us in Washington, D.C. to share your current scholarship and connect with this vibrant community of feminist legal theorists.
2019 LSA Feminist Legal Theory CRN Planning Committee
Maya Manian & Jamie Abrams (Co-Chairs); Ayelet Blecher-Prigat; Yael Braudo (Chief Technology Officer); Daniela Kraiem (Washington, D.C. local host liaison); Seema Mohapatra (2018 co-chair liaison); Eylem Umit; Dara Purvis; Jordan Woods
How to sign up for Slack:
Effective September 16th, we are moving to Slack for all of our CRN communications. We will no longer use the longstanding TWEN platform after that date. Slack is a messaging app where we can talk, share files, and work together. To join our workspace on Slack, please follow this link: https://join.slack.com/t/fltcrn2019/shared_invite/enQtMzk2NjMyNTY5NTU4LWY2ZjgwNGFhY2ZjZWJmMmY1N2M1ZmI0N2JiY2FhZTQ3NmRhNDZiMDE1YmUwN2VhYzlmYWFiMWU3OGY5MTY0OWY
Why are we moving to Slack?
We want to use the best communication tools to make our lives easier and be more productive. Having everything in one place will help us work together better and faster, rather than jumping around between emails, IMs, texts and a bunch of other programs. Everything you share in Slack is automatically indexed and archived, creating a searchable archive of all our work. This platform is more accessible to scholars throughout the world and at different stages of their careers.
Here’s what Slack can help us with:
- Communicating transparently across the CRN
- Quicker feedback and better decision making
- Easy access to information, documents, and files – all papers that are accepted will be available for every CRN member who joins our Slack workspace.
- After constructing all panels, each panel will have a separate channel in which the panelists and chair will be able to discuss all details, share drafts, etc.
Please register with Slack by September 16th to ensure continuous access to all updates and communications regarding future events and programs.
Every year, thousands of people are accused of witchcraft and face persecution, abuse, and even death. Now the United Nations is organizing to defend victims of witch hunts.
According to the UN, reports of witch hunts are on the rise, and cases are becoming more violent and prevalent across the globe. Experts and academics hope that the conference will raise awareness of the phenomenon so that it can be better understood as a human rights problem and integrated into the UN's approach to humanitarian issues.
"Witchcraft beliefs are encountered on virtually all continents," explains Dr. Charlotte Baker, who launched the upcoming meeting with funding from Lancaster University. "Globally, witchcraft accusations and persecution have resulted in serious violations of human rights including beatings, banishment, cutting of body parts, amputation of limbs, torture and murder."
The UN has identified women, children, the elderly, and people with disabilities as those most at risk of witch-related abuse. Foxcroft says that the violence can look different from country to country, from "elderly women being beaten, tortured, and killed in places like Kenya, Papua New Guinea, and India" to abuse in Nigeria and the Democratic Republic of Congo, where it is "mainly children who are targeted." According to the WHRN, those with albinism, autism and Down's syndrome have been targeted by such accusations, while a claim against an older woman is often used as an excuse to acquire her land and property.
What these cases share in common, however, is the startling lack of response from local judicial systems and the resulting impunity for the perpetrators. Branding someone a witch has historically been used to justify abuse, particularly by patriarchal religious leaders (see: the infamous Salem witch trials of the 1690s), and experts like Foxcroft believe that the spread of witchcraft-related human rights abuses is exacerbated once more by faith leaders who spread malevolent beliefs in witchcraft to exploit people or extract money from the fearful public.
Sara Dehm & Jenni Millbank, Witchcraft Accusations as Gendered Persecution in Refugee Law, Social & Legal Studies (2018)
Witchcraft-related violence (WRV), in particular directed towards women and children, has become a source of increasing concern for human rights organisations in the current century. Yet for those fleeing WRV this heightened attention has not translated across into refugee status. This research examines how claims of WRV were addressed in all available asylum decisions in English, drawn from five jurisdictions. We argue that WRV is a manifestation of gender-related harm; one which exposes major failings in the application of refugee jurisprudence. Inattention to the religious and organisational elements of witchcraft practices, combined with gender insensitivity in analysis, meant that claims were frequently re-configured by decision-makers as personal grudges, or family or community disputes, such that they were not cognisable harms within the terms of the Refugee Convention; or they were simply disbelieved as far-fetched. The success rate of claims was low, compared to available averages, and, when successful, claims were universally accepted on some basis other than the witchcraft element of the case. This article focuses in particular upon cases where the applicant feared harm as an accused witch, while a second related article addresses those fearing persecution from witches or through the medium of witchcraft
Jenni Milbank & Anthea Vogl, Adjudicating Fear of Witchcraft Claims in Refugee Law, J of Law & Society (2018)
This research examines claims of witchcraft related violence (WRV) in asylum decisions. In refugee applications involving WRV those accused of witchcraft are largely women, and those fearing witchcraft are more often men. This is one of two interrelated articles reporting on cases where claimants feared harm from witchcraft or occult practices. We argue that WRV is a manifestation of gender-related harm, one which exposes major failings in the application of refugee jurisprudence. Systemic inattention to the meaning and application of the Convention ground of Religion, combined with gender insensitivity in analysis, meant that claims were frequently re-configured by decision-makers as personal grudges. The fear of witchcraft cases pose an acute ontological challenge to refugee status determination, as the claimed harm falls outside of what is understood to be objective, verifiable, or Convention-related. Male applicants struggled to make their claims comprehensible as a result of the feminised and ‘irrational’ characterization of witchcraft fears and beliefs.
Domestic Violence as a Form of Torture: A Feminist Expansion of the Theory of the Prohibition of Torture
Natalie Davidson, The Feminist Expansion of the Prohibition of Torture: Towards a Post-liberal International Human Rights Law, Cornell Int'l L. J. (forthcoming)
International human rights law (IHRL), discourse and activism have been the subject of well-known critiques. Two categories of critique are closely linked to the liberal ideology underlying the human rights project, and point to the project's limited ability to further profound change. The "critique of justification" exposes the field's formalist argumentative practices, which struggle to justify proposed normative solutions. The "critique of representation" highlights the narrow ways in which injustice and violence are portrayed, denounced and addressed in international human rights discourse. These weaknesses are all the more troubling in the contemporary populist authoritarian era. Yet contrary to many critical scholars who advocate abandoning the human rights discourse, this article argues that it is possible to transform the discursive practices of IHRL so as to be more convincing and better address structural inequalities. It does so by analyzing the discursive practices of the feminist campaign to frame domestic violence as a form of torture, an explicit attempt to release the prohibition of torture, a central norm of IHRL, from the constraints of liberalism. While the discourse of domestic violence as torture reproduces some of the problematic features of better-known feminist engagements with international law, it also suggests IHRL's potential for profound reform, both at the level of justification and representation.
I. India Thusi, Harm, Sex, and Consequences, Utah L. Rev. (forthcoming)
At a moment in history when this country incarcerates far too many people, criminal legal theory should set forth a framework for re-examining the current logic of the criminal legal system. This Article is the first to argue that “distributive consequentialism,” which centers the experiences of directly-impacted communities, can address the harms of mass incarceration and mass criminalization. Distributive consequentialism is a framework for assessing whether criminalization is justified. It focuses on the outcomes of criminalization rather than relying on indeterminate moral judgments about blameworthiness, or “desert,” which are often infected by the judgers’ own implicit biases. Distributive consequentialism allows for consideration of both the harms of the conduct and the harms of criminalization itself. It brings an intersectional approach to criminal legal theory by examining the distribution of harm, centering the experience of populations that face intersectional forms of subordination, and viewing the criminal legal system suspiciously. This Article adopts a distributive consequentialist analysis to examine the continued criminalization of sex work as just one example of how the theory can be applied. This application demonstrates how engaging in a distributive consequentialist analysis is a step toward reigning in a system that seems to be ever-expanding, and reframing a criminal legal theory that has grown ambivalent about this expansion.
Monday, August 27, 2018
I really resist rankings and other attempts to impose hierarchy (reflecting some of the broader takeaways from feminist legal theory), but . . . here weighed in favor of recognizing these women for their work.
Jack Balkin, The Most Cited Women in American Legal Scholarship
Age in 2018
Union Theological Seminary
University of Chicago
Washington University, St. Louis
University of Michigan
New York University
University of California-Berkeley
New York University
University of Pennsylvania
University of Pennsylvania
Danielle Keats Citron
University of Maryland
George Washington University
Study Documents Persistent Employment Discrimination Against Older Women and Ineffective Legal Redress
Joanna Song McLaughlin, Falling Between the Cracks: Discrimination Laws and Older Women
Theories and evidence suggest that older women may experience unique discrimination for being both old and female in the workplace. To provide remedy for this type of discrimination – known as intersectional discrimination – legal scholars argue that age and sex discrimination laws must be used jointly and acknowledge intersectional discrimination (age-plus-sex or sex-plus-age discrimination) as a separate cause of action. Nonetheless, in general, courts have declined to do so even though older women are protected under both age and sex discrimination laws. This raises a concern that age discrimination laws may be ineffective, or less effective in protecting older women. I test this implication by estimating the differential effect of age discrimination laws on labor market outcomes between older women and older men. My findings show that age discrimination laws did far less to improve labor market outcomes for older women than for older men. This may explain one reason for persistent discrimination against older women found in existing literature and supports the legal scholars’ argument that older women’s intersectional discrimination must be recognized as a separate cause of action.
Felice Batlan, Deja Vu and the Gendered Origins of the Practice of Immigration Law: The Immigrants’ Protective League, 1907-1940, Law & History Rev. (2018)
This essay from Felice Batlan was written after she spent days protesting at Chicago's O'Hare airport in response to Trump's "Muslim Ban." The article is posted on Law and History Review's multi-media digital platform which provides hyperlinks to both primary and secondary sources making it freely accessible and ideal for classroom use.
Donald Trump’s administration has provoked crisis after crisis regarding the United States’ immigration policy, laws, and their enforcement. This has drastically affected millions of immigrants in the U.S. and those hoping to immigrate. Stemming from this, immigration lawyers and immigrant advocacy organizations are challenging such policies and providing an extraordinary amount of direct pro bono legal services to immigrants in need. Yet the history of the practice of immigration law has been largely understudied. This article addresses this history by closely examining Chicago’s Immigrants’ Protective League between 1910 and 1940. The League provided free counsel to tens of thousands of poor immigrants facing a multitude of immigration-related legal issues during a time when Congress passed increasingly strict immigration laws often spawned by xenophobia and racism. The League, always headed by women social workers, created a robust model of immigration advocacy at a time when only a handful of women were professionally trained lawyers. A close and thick reading of the League’s archival documents, manifests how the events of Trump’s immigration policies have a long and painful history. U.S. immigration law and its enforcement have consistently been cruel, inhumane, arbitrary, and capricious. Told from the ground up and focusing upon the day-to-day problems that immigrants brought to the League, one dramatically sees how immigration laws and practices were like quicksand, thwarting the legitimate expectations of migrants, and, at times, leaving people in an endless legal limbo. The League, in response, participated in creating what would become the practice of immigration law, engaging, and quickly responding to changing laws, rules, policies, and the needs of migrants.
Joni Hersch & Beverly Moran, He Said, She Said, Let's Hear What the Data Say: Sexual Harassment in the Media, Courts, EEOC, and Social Science, 101 Kentucky L.J. 753 (2013)
In this article, we examine whether two national newspapers (the New York Times and the Wall Street Journal) provide a realistic representation of sexual harassment in the workplace. Whether intentional or inadvertent, the national media influences attitudes and subsequent behavior. Victims of sexual harassment who encounter such accounts may find comfort and validation in learning that others have had similar experiences, and that may lead to greater willingness to report their own harassment. It is only through exposing illegal behavior that such workplace practices can be eradicated.
We expected the news articles to provide more information about age, marital status, and race of the parties. These facts are almost never given in the newspaper accounts. Nevertheless, the demographics of the victims
covered in the newspaper articles we surveyed are largely reflective of the victims of sexual harassment reported in the three data sources we analyze. We also find that there is fairly limited information provided about the
specific nature of the harassment.
We expected a more even distribution of attention between the accuser and the accused in all accounts. In fact, the accused is almost always the focus where the incident only generates one news story. On the other hand,
where the incident generates several reports, the articles tend to become more even-handed in their coverage of the accused and the accuser. We also expected that the parties would speak for themselves. In fact, a large
part of the communication with the press is through attorneys. We found that there is virtually no coverage of events taking place before litigation.... [T]he articles on sexual harassment tend to wait for litigation, despite studies showing that the majority of incidents are not reported, much less litigated. Although understandable from the press' point of view, the focus on litigation gives the impression that most sexual harassment is handled in the courts....
Our main focus is on identifying whether the media's portrayal of sexual harassment accurately reflects the reality of sexual harassment as indicated in surveys, charge filings with the EEOC, and in complaints filed in district court. We provide and compare empirical evidence from these four different sources, and conclude with
an assessment of whether the media does accurately characterize sexual harassment.
Friday, August 24, 2018
Jill Wieber Lens, Tort Law's Devaluation of Stillbirth, Nevada L. J. (forthcoming)
In the United States, more than sixty-five babies die daily due to stillbirth—death of an unborn baby after twenty weeks of pregnancy but before birth. New medical research suggests that at least one fourth of those deaths are preventable with proper medical care. Stated differently, one fourth of stillbirths are due to medical malpractice. In almost all states, tort law provides recourse for mothers after the death of their children due to stillbirth.
This Article uses feminist legal theory and empirical research of parents after stillbirth to demonstrate that tort law devalues stillbirth. That devaluation is due to the cognitive bias associating stillbirth with women. Historically, stillbirth only appeared in women’s claims for emotional distress. Instead of recognizing her child’s death, courts treated, and some courts continue to treat, stillbirth as just as a physical manifestation of the woman’s emotional distress. Even when modern courts recognize stillbirth as the death of a child, they still devalue that injury by characterizing the child as a nameless, genderless “fetus.” Also historically, courts were resistant to claims based on relational injuries, another injury stereotypically associated with women. Even though prenatal attachment theory demonstrates a parent-child relationship is lost in stillbirth, some courts are especially reluctant to recognize the relational injury in the context of death before birth. The cognitive bias associating stillbirth with women has also stunted the development of tort recourse for fathers, as it also will for non-biological parents. Fathers, the “forgotten bereaved,” are sometimes denied a claim or given a more limited claim.
The remedy for this devaluation is a wrongful death claim for the death of a child—not just a fetus—available to both parents, including recovery for the relational injury. Tort law must also guard against possible undervaluation of the parents’ injury based on the supposed replaceability of children or the presence of other living children, and against damage caps’ mandatory undervaluation of the parents’ injury. The Article also explains how these reforms are supported by tort law theories, and explains that the wrongful death claim should be available for all stillbirths, not depending on viability. Last, the Article necessarily explains that tort law’s proper recognition of stillbirth poses no threat to the legality of abortion.
Luke Boso, Rural Resentment and LGBTQ Equality, 70 Florida L. Rev. (forthcoming)
In 2015, the Supreme Court in Obergefell v. Hodges settled a decades-long national debate over the legality of same-sex marriage. Since Obergefell, however, local and state legislatures in conservative and mostly rural states have proposed and passed hundreds of anti-LGBTQ bills. Obergefell may have ended the legal debate over marriage, but it did not resolve the cultural divide. Many rural Americans feel that they are under attack. Judicial opinions and legislation protecting LGBTQ people from discrimination are serious threats to rural dwellers because they conflict with several core tenets of rural identity: community solidarity, individual self-reliance, and compliance with religiously informed gender and sexual norms. This conflict is amplified by the relative invisibility of gay and transgender people who live in rural areas, and the predominately urban media representations of gay and transgender people. In several respects, the conflict is merely perceived and not real. It is at these junctures of perceived conflict that we can draw important lessons for bridging the cultural divide, thereby protecting LGBTQ people across geographic spaces.
This Article examines the sources and modern manifestations of rural LGBTQ resentment to provide foundational insights for the ongoing fight to protect all vulnerable minorities. Pro-LGBTQ legislation and judicial opinions symbolize a changing America in which rural inhabitants see their identities disappearing, devalued, and disrespected. The left, popularly represented in rural America as urban elites, characterizes anti-LGBTQ views as bigoted, and many people in small towns feel victimized by this criticism. Drawing on a robust body of social science research, this Article suggests that these feelings of victimization lead to resentment when outside forces like federal judges and state and big-city legislators tell rural Americans how to act, think and feel. Rural Americans resent “undeserving” minorities who have earned rights and recognition in contrast to the identities of and at the perceived expense of white, straight, working-class prestige. They resent that liberal, largely urban outsiders are telling them that they must change who they are to accommodate people whom they perceive as unlike them. Opposing LGBTQ rights is thus one mechanism to protect and assert rural identity. It is important to unearth and pay attention to rural anti-LGBTQ resentment in the post-Obergefell era because it is part of a larger force animating conservative politics across the United States.
Tuesday, August 14, 2018
Elizabeth McCuskey, The Body Politic: Federalism as Feminism in Health Reform, 11 St. Louis J. Health L. & Policy 303 (2018)
This essay illuminates how modern health law has been mainstreaming feminism under the auspices of health equity and social determinants research. Feminism shares with public health and health policy both the empirical impulse to identify inequality and the normative value of pursing equity in treatment. Using the Affordable Care Act’s federal health insurance reforms as a case study of health equity in action, the essay exposes the feminist undercurrents of health insurance reform and the impulse toward mutuality in a body politic. The essay concludes by revisiting — from a feminist perspective — scholars’ arguments that equity in health insurance is essential for human flourishing.
The documentary "RBG," co-produced by CNN, has made $13.5 million at the box office, according to comScore, and will be broadcast next month on the network. Oscar nominee Felicity Jones will play her in a feature film, "On the Basis of Sex," in December.The justice said recently that she hopes to stay on the Supreme Court at least five more years, when she'll be 90. She has survived two bouts with cancer, colorectal in 1999 and pancreatic in 2009.Ginsburg's celebrity might not have been predicted when President Bill Clinton chose her for the high court in summer 1993. Then a 60-year-old federal appellate judge, she was not Clinton's first choice. He was looking for a flashier appointee and initially tried to woo former New York Gov. Mario Cuomo to the bench.Ginsburg, with her large-rimmed glasses, hair tied back in a short ponytail, presented the picture of seriousness. She spoke of taking "measured motions" as a jurist. Supporters portrayed her as a night owl who spent hours hunched over law books and legal briefs, tepid coffee and prunes at hand. Her daughter created a little book titled "Mommy Laughed," chronicling the few times it happened.Once on the Supreme Court, Ginsburg was a sharp questioner and meticulous opinion-writer. She leaned in but without the attention-getting style of the first female justice, Sandra Day O'Connor, or gregarious longtime pal Antonin Scalia.She was hardly a liberal in the mode of contemporary justices on the left: William Brennan, Thurgood Marshall or Harry Blackmun. But as the court changed over the years and became more conservative with each retirement, she found herself carrying the banner for the left.
A new study says that women lawyers who display anger, assertive behavior, or self-promotion are going to be seen more negatively than a male lawyer seen acting the same way.
The findings come from a new survey by the Center for Worklife Law together with the American Bar Association Commission on Women in the Profession and the Minority Corporate Counsel Association.
The full report, a survey of nearly 3,000 lawyers, is slated for release in September but a detailed article in the ABA Journal laid out the specifics of the survey’s finding that emotions displayed by women lawyers receive different treatment than those of their male counterparts.
Survey results found that fewer women than men felt free to express anger at work when it’s justified.
Only 44 percent said they were free to do so compared to 56 percent of white men who felt that they could. Even fewer women of color – only 40 percent – felt they could show anger at work on an appropriate occasion.
The report is called “You Can’t Change What You Can’t See: Interrupting Racial & Gender Bias in the Legal Profession.”
The authors declined to comment on the report until its release date, but the anger display findings dovetail with other studies that show women lawyers persistently receive different treatment in similar circumstances.
Two years ago, the ABA addressed the frequent use of words like “honey” and “darling” directed at women lawyers in work settings such as depositions and courtrooms. The lawyers’ association adopted an ethics rule that it is professional misconduct to discriminate against or another lawyer in the course of practicing law.