Monday, June 24, 2019
Mark Lawrence Schrad, Why Do we Blame Women for Prohibition?
On January 16, 1919—the 18th Amendment was ratified, enshrining alcohol prohibition in the U.S. Constitution. And for the past hundred years, we’ve largely blamed women for that. Why?
With the obvious exception of the women’s rights movement—from suffragism to #MeToo—perhaps no other social movement in American history is as synonymous with women as temperance, and none is as vilified. Histories dismiss prohibition derisively as a “pseudo-reform ... carried about America by the rural-evangelical virus,” and a “wrongheaded social policy waged by puritanical zealots of a bygone Victorian era.” We describe prohibitionists in the same way we talk about Al Qaeda or ISIS: They were “ruthless” “extremists,” “deeply antidemocratic” “fanatics and fools,” who posed a “threat to individual freedoms.” These evildoers are almost universally understood to be women.
The standard trope back in the 1920s, when prohibition was in full force, was that the policy was “put over while the boys were away” fighting World War I—if only the men had been home, prohibition would have been avoided. Surprisingly, this gendered conspiracy theory has endured, despite being completely unfounded. There was no popular referendum on 18th Amendment, and most women couldn’t vote anyway since, chronologically, the 18th Amendment came before the suffragist 19th Amendment. (A handful of western states granted women full voting rights before the 19th Amendment.) The only woman who voted for the 18th Amendment was Jeannette Rankin of Montana, the country’s first—and at that time, only—congresswoman. In 1918, hers was but one of the bipartisan supermajority of 282 yeas (to 128 nays) in the House that passed the prohibition amendment. In the all-male Senate, the vote to submit the amendment to the states for ratification was even more lopsided: 65-20.
Lyman Abbott, The Atlantic, Why Women Do Not Wish the Suffrage
IN 1895 the women of Massachusetts were asked by the state whether they wished the suffrage. Of the 575,000 voting women in the state, only 22,204 cared for it enough to deposit in a ballot box an affirmative answer to this question. That is, in round numbers, less than four per cent wished to vote; about ninety-six per cent were opposed to woman suffrage or indifferent to it. That this expresses fairly well the average sentiment throughout the country can hardly be questioned. There may be some Western states in which the proportion of women who, for one reason or another, desire the suffrage is somewhat larger; on the other hand, there are Southern states in which it is even less. Certainly few men or women will doubt that at the present time an overwhelming majority of women are either reluctant to accept the ballot or indifferent to it. Why this indifference, this reluctance? This is the question which in this article I seek to answer. Briefly, I believe it is because woman feels, if she does not clearly see, that the question of woman suffrage is more than merely political; that it concerns the nature and structure of society,—the home, the church, the industrial organism, the state, the social fabric. And to a change which involves a revolution in all of these she interposes an inflexible though generally a silent opposition. It is for these silent women—whose voices are not heard in conventions, who write no leaders, deliver no lectures, and visit no legislative assemblies—that I speak; it is their unspoken thought and feeling I wish to interpret.***
First, that the family is the basis of society, from which it grows.
Second, that the basis of the family, and therefore of society, is the difference between the sexes,—a difference which is inherent, temperamental, functional.
Third, that the military function, all its forms and phases, belongs to man that he has no right to thrust it upon woman or to ask her to share it with him; that it is his duty, and his exclusively, to do that battling with the elements which wrests livelihood from a reluctant or resisting Nature, and which is therefore the pre-requisite to all productive industry; and that battling with the enemies of society which compels them to respect its rights, and which is therefore the primary condition of government.
Thursday, June 20, 2019
Darren Rosenblum, California Dreaming? 99 B.U.L.Rev 1435 (2019)
Over the past few years, California became the setting for shocking tales of sex inequality and abuse in Hollywood and Silicon Valley. Decades after women achieved educational parity, men still run the corporate world. In response to these stories exposed by the #MeToo movement, California joined the transnational corporate board quota movement by converting its voluntary quota into a hard one. Will California’s first-mover status overcome constitutional objections and inspire other jurisdictions to act. Or is just utopian dreaming, California-style? This Essay argues that despite its many flaws, the quota may succeed in curbing male over-representation on corporate boards. After contextualizes the quota within the transnational corporate board quota movement, it rejects the U.S. reaction that emphasizes the private sector’s dominion over equality remedies. Despite the U.S. resistance to quotas, comparative experience reveals both that the private sector manages how quota implementation occurs. The Essay concludes that some public intervention — in concert with private efforts — remains necessary.
Marie-Amelie George, Framing Trans Rights, Northwestern U. L. Rev. (forthcoming)
In the wake of marriage equality, opponents of LGBT rights refocused their attention and made transgender rights their main target. To persuade voters to maintain gender identity anti-discrimination protections, LGBT rights campaigns have presented trans identity in a specific but limited way, emphasizing gender-conforming transgender individuals and thereby implicitly reinforcing the gender binary. Although LGBT rights groups have succeeded in their efforts, their messaging may undermine the movement’s broader litigation strategy and render even more vulnerable the substantial portion the transgender community that identifies as non-binary.
The trans rights framing choices thus raise questions about how the LGBT movement’s advocacy decisions blur the lines between success and failure, advancement and retrenchment. To illustrate this tension, this Article details the history of marriage equality campaign strategies, identifying how and why LGBT rights groups applied those frames to trans rights. Using these events, this Article analyzes the factors that both motivate and circumscribe social movements’ framing decisions more generally to identify whether and how to alter trans rights advocacy.
How trans rights are framed is a significant subject that extends far beyond whether a specific city or state maintains or eliminates its gender identity protections. Although political positioning in an electoral campaign may seem far removed from the work of courts, legislatures, and administrative advocacy, this Article demonstrates how porous the boundaries are, such that the frames of the former have a substantial impact on the latter. Drawing on the scholarly literatures on acoustic separation and popular constitutionalism, this Article identifies why it is that LGBT state and local ballot measure contests cannot be separated from the movement’s broader strategies. It consequently provides suggestions for reframing transgender ballot measures.
Tuesday, June 18, 2019
Register Now Center for Constitutional Law Conference on the 19th Amendment at 100: From the Vote to Gender Equality
Register now for the upcoming conference sponsored by the Center for Constitutional Law at Akron: The 19th Amendment at 100: From the Vote to Gender Equality
The conference examines both historic and legal contexts, exploring the advocacy for the 19th Amendment as well as residual legal problems with voting and women's public role continuing up to present day. It explores issues of history, politics, voting, and public participation and the way in which gender was implicated in all.
Check out the terrific list of speakers here featuring law scholars and historians.
Friday, June 14, 2019
We need more ideas like the one Senator Kamala Harris of California proposed last week to stop abortion laws from going into effect unless the federal government agrees they comply with Roe v. Wade.
This idea, known as preclearance, is widely considered the single most effective civil rights tool in American history, because it blocks bad policies before they can take root and spread harm across generations.
Ms. Harris’s proposal focuses on laws that harm women. But the concept ought to be extended to racial disadvantage. Every presidential candidate should offer similar proposals in areas like policing, housing, education and transportation. It’s the best way to stop discrimination.
Ms. Harris modeled her idea on a section of the Voting Rights Act of 1965, which for decades allowed the Justice Department or a federal court in Washington to prevent harmful voting laws in places with chronic discrimination. Preclearance was created to combat the pernicious methods Southern states used to stop black people from voting after the 15th Amendment prohibited the states from doing so outright.
Connecticut is poised to become the seventh state in the U.S. to provide paid time off to new parents and caregivers, adding further fuel to paid family leave as an issue in the 2020 elections.
Democratic governor Ned Lamont plans to sign the bill “ASAP,” according to a spokeswoman. When he does, Connecticut will join New York and New Jersey in offering the benefit, effectively making the New York metropolitan area a paid family leave zone for new parents.
If signed, then starting in 2021, workers in Connecticut would get 12 weeks off to care for a new baby, a seriously ill family member or loved one or to deal with their own illness. The benefit will be funded by a payroll tax on workers of 0.5 percent. Benefits will cover 95 percent of low-wage workers’ pay up to $900 a week, the most generous level of wage replacement in the country. New York currently offers 55 percent wage replacement, increasing to 66 percent when its policy is fully phased in.***
The new law adds fuel to the growing momentum behind paid family leave. Since 2016, three other states and Washington, D.C., have passed paid leave. And another bill is moving forward in Oregon as well.
Thursday, June 13, 2019
Jeffrey Meli & James Spindler, Salary History Bans and Gender Discrimination
A number of important jurisdictions have recently enacted salary history bans to combat the gender pay gap. This paper examines the effect of such bans by developing a novel, tractable economic model of unconscious bias in the workplace: some firms consistently but unconsciously under-evaluate the productivity of their female workers. In a Bayesian setting, a worker and his or her employer learn about worker quality over time by observing worker productivity; a worker’s salary thus conveys information about the employer’s inference of worker quality. A lateral employee market exists, and female workers who find themselves underpaid may choose to switch firms. We find that, under assumptions of non-strategic firm behavior, bans can reduce the gender wage gap, but do so at the expense of high-performing women; switching from discriminatory employers requires high-performing women to give up their history of high performance, and they may be effectively trapped at discriminatory firms. When firms are strategic (meaning they infer the reasons for employees’ switching behavior), bans do not reduce the gender wage gap; adverse selection results, which has an even more pronounced effect of trapping high-performing women by imposing greater switching costs on them. We find that a well-functioning job-switching market ameliorates unconscious bias and the gender wage gap, and that the wage gap (and the welfare of working women, particularly high-performers) is better addressed through policies that promote efficient job switching.
When an abortion law makes headlines in 2019, it’s usually as a ban.
Aggressive abortion restrictions have passed in numerous states in recent months, with some banning the procedure at six weeks or even earlier.
But this week, Maine Democratic Gov. Janet Mills signed into law a bill that will actually expand abortion access in the state by allowing nurse practitioners and physician assistants, not just doctors, to perform the procedure. As clinics in other states are at risk of closing, the Maine law will increase the number of clinics able to perform abortions.
Maine’s law is part of a bigger trend, as legislators and advocates in blue states back legislation to lift abortion restrictions. These laws are still outnumbered by anti-abortion bills, but they’re becoming more and more common — about a quarter of the provisions to expand abortion access since 2011 have passed in the past two weeks alone, according to an analysis by FiveThirtyEight.
The states include ME, NY, IL, VT, and NV.
Why the ABA's New Rule Addressing Harassment and Discrimination is So Important for Women Working in the Legal Profession Today
Kristy D'Angelo-Corker, Don't Call me Sweetheart!:Why the ABA's New Rule Addressing Harassment and Discrimination is so Important for Women Working in the Legal Profession Today, 23 Hofstra L. Rev. 263 (2019)
Popular culture has recently shone a spotlight on the inequality and discrimination faced by women in many professions. With the “Me Too” and “Time’s Up” campaigns in full swing, it is clear that women are ready to fight to be respected and receive equal treatment. Although there are a plethora of news stories highlighting the issues that women are facing today, this Article will focus specifically on the effect of bias, prejudice, harassment, and discrimination against women in the legal profession. This discrimination and marginalization of women finds its way into law firms, courtrooms, and the corporate arena generally, and impacts not only the female attorneys and judges themselves, but also the clients and litigants that these women are serving. The American Bar Association (“ABA”), long committed to diversity and leading the professional legal community regarding “appropriate” conduct, has finally put an anti-discrimination, anti-harassment provision into effect to combat
discriminatory behavior on a national level.
This Article argues that although the ABA’s adoption of Resolution 109 to amend Rule 8.4 is a necessary first step to remedy the issues that women in the legal profession are currently facing, education and training initiatives must also be established. This training should take the form of Bias Training in law schools (as part of the Professional Responsibility requirements), in law firms, and as mandatory CLE requirements for practicing attorneys.
Wednesday, June 12, 2019
Mary Ziegler, The End of the Rape and Incest Exception, NYT
All of a sudden, abortion opponents have abandoned rape and incest exceptions to abortion bans.
Louisiana became the latest state to do so last month, following Ohio, Mississippi and, most notoriously, Alabama. That same month, younger abortion foes in groups like Students for Life of America fired off a letter asking the Republican Party to stop supporting exceptions that before this year had long been standard components of anti-abortion legislation.
Why the sudden shift on rape and incest, and what does it mean? Fights about rape and incest exceptions expose deeply different ideas about the guilt and trustworthiness of women — and about how much popular opinion should dictate abortion politics.
These exceptions weren’t always viewed as standard. The American Law Institute, an expert body, created the rape and incest exceptions in 1959 when proposing a model abortion law. Anti-abortion scholars immediately denounced the idea. Even if women were victims of sexual assault, these commentators argued, these unborn children were innocent.
And, they argued, maybe the women were not really victims at all. A lawyer named Eugene Quay wrote an influential articledeclaring that as a scientific matter, it was nearly impossible for women to become pregnant as a result of rape — a myth whose influence is still being felt — to make the point that many women would simply lie about sexual assault to get an abortion when they had consented to sex all along.
New book, Linda Hirshman, Reckoning: The Epic Battle Against Sexual Abuse and Harassment (2019)
Linda Hirshman, acclaimed historian of social movements, delivers the sweeping story of the struggle leading up to #MeToo and beyond: from the first tales of workplace harassment percolating to the surface in the 1970s, to the Clinton/Lewinsky scandal—when liberal women largely forgave Clinton, giving men a free pass for two decades. Many liberals even resisted the movement to end rape on campus.
And yet, legal, political, and cultural efforts, often spearheaded by women of color, were quietly paving the way for the takedown of abusers and harassers. Reckoning delivers the stirring tale of a movement catching fire as pioneering women in the media exposed the Harvey Weinsteins of the world, women flooded the political landscape, and the walls of male privilege finally began to crack. This is revelatory, essential social history.
Hirshman also wrote the book, Sisters in Law: How Sandra Day O'Connor and Ruth Bader Ginsburg Went to the Supreme Court and Changed the World.
Vermont Gov. Phil Scott (R) on Monday signed into law an expansive abortion rights bill that seeks to preserve a woman’s right to the procedure.
"Like many Vermonters, I have consistently supported a woman’s right to choose," Scott said in a statement about his decision to sign the measure.
"This legislation affirms what is already allowable in Vermont – protecting reproductive rights and ensuring those decisions remain between a woman and her health care provider," he added.
Under the measure, Vermont is required to recognize the “fundamental right of every individual to choose or refuse contraception or sterilization” as well as the “fundamental right of every individual who becomes pregnant to choose to carry a pregnancy to term, to give birth to a child, or to have an abortion.”
The bill states that, upon its passage, Vermont’s government would not be able to "deny or interfere with an individual’s fundamental rights to choose or refuse contraception or sterilization or to choose to carry a pregnancy to term, to give birth to a child, or to obtain an abortion."
The AALS Section on Legal History is pleased to announce a call for papers for its section program, which will be held during the 2020 AALS Annual Meeting in Washington, DC. The program is entitled “A Century of Women’s Suffrage.”
2020 marks one hundred years since the 19th Amendment was ratified, ushering in the last century of women’s suffrage in the United States. This program will bring together scholars writing on the history of women’s suffrage, broadly construed. Submissions should relate to any aspect of women’s suffrage, including exploring the suffrage movement that culminated in the 19th Amendment, addressing how the 19th Amendment affected political parties or politics in the subsequent century, and comparing the women’s suffrage movement to analogous social movements.
Eligibility and Submission Requirements: This Call for Papers is open to all faculty members from AALS member schools. Submissions should not exceed 30,000 words, including footnotes. You may submit a CV as well, but are not required to do so.
Submission Process: To be considered for participation as a panelist, please email a copy of your submission to Evan Zoldan at firstname.lastname@example.org by July 31, 2019. Participants selected by the Legal History section executive committee will be notified by September 1, 2019.
Questions: If you have any questions about the panel, please contact Evan Zoldan at email@example.com. A link to the CFP can be found on the AALS website, here: https://am.aals.org/proposals/section-calls-for-papers/
Tuesday, June 11, 2019
Interpreting the Reasonable Expectation of Sexual Privacy in Canada's Digital Technology Criminal Laws
Moira Aikenhead, A '"Reasonable" Expectation of Sexual Privacy in the Digital Age, 41 Dalhousie L.J. 274 (2018)
Two Criminal Code offences, voyeurism, and the publication of intimate images without consent, were enacted to protect Canadians’ right to sexual privacy in light of invasive digital technologies. Women and girls are overwhelmingly targeted as victims for both of these offences, given the higher value placed on their non-consensual, sexualised images in an unequal society. Both offences require an analysis of whether the complainant was in circumstances giving rise to a reasonable expectation of privacy, and the use of this standard is potentially problematic both from a feminist standpoint and in light of the rapidly evolving technological realities of the digital age. This article proposes a feminist-inspired, technology-informed approach to the reasonable expectation of privacy standard in relation to these offences, and examines the extent to which the Supreme Court of Canada’s recent voyeurism decision, R. v. Jarvis, aligns with this approach.
Yvonne Lindgren, Trump's Angry White Women: Motherhood, Nationalism, and Abortion, Hofstra L. Rev. (forthcoming)
A majority of white women — fifty-two percent — voted for Donald Trump in the 2016 presidential election. White working-class women supported Trump in even greater numbers: sixty-one percent of white women without college degrees voted for Trump. This result seems remarkable considering Trump’s derogatory statements about women and his staunch opposition to legal access to abortion. Why did white women, especially those most likely to need access to reproductive healthcare—poor and working-class women — vote heavily against their own interests to embrace a candidate who called for punishing women who access abortion? Much recent commentary has considered this question and drawn various conclusions, including that white women lack information and live with close ties to conservative white men who they look to when casting their vote. This Article brings a new perspective to this question by examining the ways that motherhood is mobilized in movements for nationalism. Specifically, it investigates how Donald Trump’s presidential campaign drew upon a familiar narrative forged by the family-values movement of the mid-1970’s that linked opposition to abortion with protection of motherhood, family, and nation. The pro-life message that conflates opposing abortion with protecting motherhood and American culture and values continues to animate opposition to abortion: Trump’s “Make America Great Again” slogan had first been used in the Reagan-Bush campaign along with their promise to “take back our country.” Trump’s campaign effectively deployed the same message that promised to defend motherhood, traditional family, and nation to mobilize white female voters. Drawing upon social science research and the historical record, this Article seeks to uncover the origins of how opposition to abortion was transformed into a powerful expression of white women’s disaffection and nationalism.
Melissa Hamilton, The Sexist Algorithm, 38 Behavioral Sciences & the Law 145 (2019)
Algorithmic risk assessment tools are informed by scientific research concerning which factors are predictive of recidivism and thus support the evidence‐based practice movement in criminal justice. Automated assessments of individualized risk (low, medium, high) permit officials to make more effective management decisions. Computer generated algorithms appear to be objective and neutral. But are these algorithms actually fair? The focus herein is on gender equity. Studies confirm that women typically have far lower recidivism rates than men. This differential raises the question of how well algorithmic outcomes fare in terms of predictive parity by gender.
This essay reports original research using a large dataset of offenders who were scored on the popular risk assessment tool COMPAS. Findings indicate that COMPAS performs reasonably well at discriminating between recidivists and non‐recidivists for men and women. Nonetheless, COMPAS algorithmic outcomes systemically overclassify women in higher risk groupings. Multiple measures of algorithmic equity and predictive accuracy are provided to support the conclusion that this algorithm is sexist.
CALL FOR PAPERS VILLANOVA UNIVERSITY CHARLES WIDGER SCHOOL OF LAW
ANNUAL NORMAN J. SHACHOY SYMPOSIUM, OCTOBER 25, 2019 VILLANOVA LAW REVIEW
“GENDER EQUITY IN LAW SCHOOLS”
Call for Papers: The Villanova Law Review invites proposals from faculty to present and/or publish at the upcoming annual symposium, which will focus on gender equity in law schools. Accepted presenters will have the opportunity to participate in the symposium at the Villanova University Charles Widger School of Law in Villanova, Pennsylvania, on Friday, October 25, 2019. In addition, their papers will be published in the symposium issue of the Villanova Law Review, volume 65.
Deadline for Proposals: July 15, 2019
Submission Requirements: Submissions should include contact information, a CV, and an abstract (up to 500 words) of the proposed presentation. Preference will be given to submitters who intend to write an article for the symposium issue. Submissions should be forwarded to Professor Cathy Lanctot, firstname.lastname@example.org, and to Alexandra Rice, email@example.com. Managing Editor of Operations for the Villanova Law Review.
Selected presenters will be notified by August 1, 2019. The Villanova Law Review will cover reasonable travel expenses for presenters.
Scope of Topic: Despite the significant demographic change in the gender composition of law faculty during the last 25 years, persistent questions of unequal treatment and unconscious bias continue to hamper the ability of female faculty to achieve full equality in law schools.
The symposium will examine a broad variety of issues relating to gender equity in law schools, such as: teaching issues (e.g., whether excellent teaching is valued in law schools, whether women faculty have a disproportionate teaching load, whether women are disproportionately present/absent in particular substantive courses, whether women are evaluated differently by students); scholarly issues (e.g., whether areas of particular interest to women are undervalued, whether the work of women is given equal weight by law reviews, and whether female faculty bring a different voice to legal scholarship); service issues (whether non-scholarly tasks performed by female faculty disproportionately disadvantage them with respect to status and compensation); the gender disparity in legal writing and in clinical education, which also produces substantial pay disparities that fall disproportionately on women in legal education; intersections with issues of race, class, gender, and sexual identity; and the effect of gender inequity on law students. The symposium will also examine recent pay discrimination litigation at Denver Law School and focus on best practices for law schools that want to avoid similar litigation in the future.
A message from the organizers of the Feminist Legal Theory Critical Research Network:
Dear Feminist Legal Theory CRN members,
First, thank you for a fabulous annual meeting! Our twenty-two panels were an enormous success, generating tremendous interest and engagement. The submission cycle for 2020 will come before we know it, so we need volunteers to plan the CRN panels for the LSA annual meeting in Denver in 2020. If you are interested in helping to plan next year’s meeting, please sign up here by Friday, June 7th.
Second, we write to follow up on the evening of action. As you know, we converted the CRN’s social event into a brainstorming session to explore what we can do – as CRN members – in our scholarship, teaching, and advocacy to further gender equality generally and especially in light of the Supreme Court’s current make-up. There was a lot of energy and enthusiasm, and we generated many terrific ideas (see below) for each track: scholarship, teaching, and advocacy. Our next step is that we need volunteers to (1) play a leadership role for each track, and (2) serve on the committee for each track. Our goal is for each committee to develop an action plan for achieving some of the ideas we identified. Each committee will work separately and then present the action plan at a gathering that will coincide with the AALS annual meeting, in D.C. in January. If you are interested in either leading or participating in these efforts, please use this sign-up sheet and respond by Friday, June 7th.
Finally, Susan Hazeldean volunteered (thank you, Susan!) to reactivate our TWEN site. We will use this for all CRN communications from now on. More information to come soon.
Wednesday, June 5, 2019
History of Woman Suffrage (six volumes), available on Project Gutenberg
Tina Cassidy, Mr. President, How Long Must We Wait? Alice Paul, Woodrow Wilson, and the Fight for the Right to Vote (Simon & Schuster 2019)
J. Kevin Corder & Christina Wolbrecht, Counting Women's Ballots(Cambridge 2016)
Lynda Dodd, Sisterhood of Struggle: Leadership and Strategy in teh Campaign for the Nineteenth Amendment, in Feminist Legal History (Tracy A. Thomas & Tracey Jean Boisseau, eds. 2011)
Ellen Carol DuBois, Outgrowing the Compact of the Fathers: Equal Rights, Woman Suffrage, and the United States Constitution, 1820-1878, in 74 J. Amer. History 836 (1987).
Ellen Carol DuBois, Feminism and Suffrage: The Emergence of an Independent Women's Movement in America, 1848-1869 (1978)
Ellen Carol DuBois, Suffrage: Women's Long Struggle for the Vote (Simon and Schuster forthcoming Feb. 2020)
Ann Gordon, ed., African American Women and the Vote, 1837-1965 (U Mass Press 1997)
Lauren Free, Suffrage Reconstructed: Gender, Race and Voting Rights in the Civil War Era (2015)
Aileen S. Kraditor, The Ideas of the Woman Suffrage Movement, 1890-1920 (1965)
W. William Hodes, Women and the Constitution: Some Legal History and a New Approach to the Nineteenth
Amendment, 25 Rutgers L. Rev. 26 (1970)
JoEllen Lind, Dominance and Democracy: The Legacy of Woman Suffrage for the Voting Right, 5 UCLA Women's L. J. 113 (1994)
Holly McCammon & Lee Ann Banaszek, eds., 100 Years of the 19th Amendment: An Appraisal of Women's Political Activism (Oxford Press 2018)
Corrine McConnaughy, The Woman Suffrage Movement in America: A Reassessment (Cambridge 2013)
Reva Siegel, She the People: The Nineteenth Amendment, Sex Equality, and Federalism, 115 Harv. L. Rev. 847 (2002)
Rosalyn Terborg-Penn, African American Women in the Struggle for the Vote: 1850-1920 (1998)
Lisa Tetrault, The Myth of Seneca Falls: Memory and the Women's Suffrage Movement, 1848-1898 (2014)
Tracy Thomas, More Than the Vote: The Nineteenth Amendment as Proxy for Gender Equality, Stanford J. Civil Rights & Civil Liberties (forthcoming)
Marjorie Spruill Wheeler, ed. One Woman, One Vote: Rediscovering the Woman Suffrage Movement (1995) (many excellent contributions inside this collection)
United States v. Susan B. Anthony, 11 Blatchford 200, 202 (1873)
Sally Roesch Wagner, ed. The Women's Suffrage Movement (2019)
Elaine Weiss, The Woman's Hour: The Great Fight to Win the Vote (2018)
Adam Winkler, A Revolution Too Soon: Women Suffragists and the Living Constitution, 76 NYU L Rev. 1456 (2001)