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.
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
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.
