TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Monday, December 23, 2019

Anita Bernstein's "The Common Law Inside the Female Body" Discussed in Online Symposium at Northwestern Law Review

From the  Faculty Lounge:

The Northwestern University Law Review Online has published a symposium issue devoted to Anita Bernstein's book, The Common Law Inside the Female Body (Cambridge University Press 2019), including a response by Professor Bernstein.  Here is the publisher's description of the book:

In The Common Law Inside the Female Body, Anita Bernstein explains why lawyers seeking gender progress from primary legal materials should start with the common law. Despite its reputation for supporting conservatism and inequality, today’s common law shares important commitments with feminism, namely in precepts and doctrines that strengthen the freedom of individuals and from there the struggle against the subjugation of women. By re-invigorating both the common law – with a focus on crimes, contracts, torts, and property – and feminist jurisprudence, this highly original work anticipates a vital future for a pair of venerable jurisprudential traditions. It should be read by anyone interested in understanding how the common law delivers an extraordinary degree of liberty and security to all persons – women included.

Here are the essays in the symposium line-up:

Bridget J. CrawfordThe Common Law as Silver Slippers
David S. CohenThe Promise and Peril of a Common Law Right to Abortion
Joanna L. GrossmanWomen are (Allegedly) People, Too
Cyra Akila ChoudhuryThe Common Law as a Terrain of Feminist Struggle
Margaret ChonIntellectual Property Infringement and the Right to Say No
Maritza I. ReyesThe Female Body in the Workplace: Judges and the Common Law
Teri A. McMurtry-ChubbIn Search of the Common Law Inside the Black Female Body
Anita BernsteinNegative Liberty Meets Positive Social Change

Bernstein will receive the William L. Prosser Award at the AALS Annual Meeting in January.

https://lawprofessors.typepad.com/tortsprof/2019/12/anita-bernsteins-the-common-law-inside-the-female-body-discussed-in-online-symposium-at-northwestern.html

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