Thursday, August 24, 2023

Legal History in the "The Oxford Handbook of Feminism and Law in the United States"

Oxford University Press has published The Oxford Handbook of Feminism and Law in the United States, edited by Deborah Brake (University of Pittsburgh School of Law), Martha Chamallas (Moritz College of Law - the Ohio State University), and Verna Williams (University of Cincinnati College of Law). A number of the chapters may interest readers of the blog. Here's an overview from the Press:

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.

A selection of chapters of possible interest:

Tracy A Thomas, "The Long History of Feminist Legal Theory"

Julie Suk, "The Equal Rights Amendment, Then and Now

Leigh Goodmark, "The Anti-Rape and Battered Women’s Movements of the 1970s and 1980s"

Mary Ziegler, "From Reproductive Rights to Reproductive Justice: Abortion in Constitutional Law and Politics

Deborah Widiss, "Pregnancy and Work: 50 Years of Legal Theory, Litigation, and Legislation"

Melissa Murray and Hilarie Meyers, "Constitutionalizing Reproductive Rights (and Justice)

h/t Legal Theory Blog

-- Karen Tani