Marie Ashe

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Mustafa Bal

TOBB University of Economics and Technology

Andrea Peto

Central European University

Elena Loizidou

Birkbeck College, University of London

Niccolò Scaffai

University of Siena / Università di Siena

Mauro Grondona

University of Genova

Karen Barad

University of California, Santa Cruz

Paola Bacchetta

University of California, Berkeley

Miguel Gallegos

Universidad Nacional de Rosario

Antonio Donizeti da Cruz

Universidade Estadual do Oeste do Paraná

Rached Khalifa

University of Tunis El Manar

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Inventing Choreographies: Feminism and Deconstruction

Columbia Law Review, 1990

... of legal reasoning"14 tend to betray their insight into the inescapability of rhetoric w... more ... of legal reasoning"14 tend to betray their insight into the inescapability of rhetoric when they ... book, clearly establish that her focus and concern are with the material reali-ties of ... feminist Luce Iri-garay.41 Irigaray, within a practice designated as ecriture feminine,42 emphasizes ...

Hosanna-Tabor, the Ministerial Exemption, and Losses of Equality: Constitutional Law and Religious Privilege in the US

SSRN Electronic Journal, 2015

The US Supreme Court’s Hosanna-Tabor opinion, defining a Constitutionally-rooted “ministerial exe... more The US Supreme Court’s Hosanna-Tabor opinion, defining a Constitutionally-rooted “ministerial exemption” of churches from the obligations of anti-discrimination laws, utilized an “absolutist” approach that has been contrasted with the “balancing” approach to the same issue taken by the European Court of Human Rights. Focusing on Hosanna-Tabor, this essay provides analysis of the implications of the case by identifying its location in – and its contribution to – the program of “religious privilege” that has been advanced the Supreme Court during the past 25 years. The essay documents relevant Constitutional case law and statutes; outlines the evolution of the “ministerial exemption;” and, points to losses of individual equality that are being accomplished concurrently with great expansions of “religious liberty” and with abandonment of meaningful “separationism” in the US. Accepting the critique of “absolutism,” the essay suggests, further, that Hosanna-Tabor and other recent work of the Court lack – but that resources extractable from US law of the “religious pluralism” period can provide – conceptual resources useful for protection of individuals’ equality and for minimizing “divisiveness based on religion.”

Hosanna-Tabor, the Ministerial Exception, and Losses of Equality: Constitutional Law and Religious Privilege in the United States

Oxford Journal of Law and Religion, 2015

Family Issue(s) (reviewing Family Bonds: Adoption and the Politics of Parenting by Elizabeth Bartholet)

In February, 1991, Roberta and Jan DeBoer took home a much-wanted baby, Jessica, from Iowa to Mic... more In February, 1991, Roberta and Jan DeBoer took home a much-wanted baby, Jessica, from Iowa to Michigan. The birth mother, Cara Clausen, together with the man she named on the birth certificate, had given the DeBoers permission to adopt Jessica.1 But several weeks later, Ms. Clausen notified Daniel Schmidt, the actual biological father of her child, that Jessica had been born. Ms. Clausen and Mr. Schmidt then sought to bring Jessica (whom they named Anna) back home to Iowa with them. The resulting legal battle lasted over two years. The case was litigated in the courts of both Michigan and Iowa, consumed countless legal fees, and caused emotional trauma to the DeBoers, Ms. Clausen and Mr. Schmidt, and, of course, to Jessica. The case

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Abortion of Narrative: A Reading of the Judgment of Solomon

Yale Journal of Law and Feminism, 1991

Among the earliest judicial "speech-acts" recorded in Western law is the first judgment... more Among the earliest judicial "speech-acts" recorded in Western law is the first judgment of Solomon, of which the well-known account is given in The First Book of Kings.1 I suggest that examination of Solomon's judgment may be instructive in illuminating in a highly general way the processes that operate in contemporary judicial determinations relating to women as mothers and as non-mothers-i.e., determinations covering the full range of issues often designated as relating to "reproduction"-which include the female act of gestation; the process of giving birth; the totality of physical intimacies implicated in the care extended to dependent infants and children; the issue of abortion; and the riddles raised by reproductive technology. The Biblical narrative of Solomon's judgment has long been accepted as a paradigmatic account of "justice" and of "wisdom."2 It has constituted a most major contribution to the constructions of motherhood ...

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Legal studies as cultural studies : a reader in (post)modern critical theory

... A READER IN (POSTMODERN CRITICAL THEORY Acknowledgments vii Introduction: (Post)Modern Legal ... more

The "Bad Mother" in Law and Literature: A Problem of Representation

Hastings Law Journal, 1992

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Beyond Nomos and Narrative: Unconverted Antinomianism in the Work of Susan Howe

Yale Journal of Law and Feminism, 2007

Robert Cover's "Nomos and Narrative" (NN questions about law's intersections wi... more Robert Cover's "Nomos and Narrative" (NN questions about law's intersections with gender; and questions about law's intersections with religion. Contemporary commentary on Cover's work - including feminist commentary - has argued for N&N's continuing relevance and has either overlooked or excused its failure to engage with issues of gender. In refraining from strong critique of N&N, such commentary attaches itself to - and is limited by - the liberal-legalist genealogy that shapes not only N&N but also the texts that continue to dominate the areas of "Law and Religion" and of "Law and Literature." This article argues the need for theoretical movement "beyond N&N" and beyond legal-liberalism. It points to possibilities for such movement - especially within feminist-legal-theoretical ventures and in the "Law and Religion" and "Law and Literature" areas - by re-reading N&N alongside and in interaction with ...

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Realities of Religio-Legalism: Religious Courts and Women's Rights in Canada, the United Kingdom, and the United States

Religio-legalism – the enforcement of religious law by specifically-religious courts that are tol... more Religio-legalism – the enforcement of religious law by specifically-religious courts that are tolerated or endorsed by civil government – has long operated against women’s interests in liberty and equality. In the 21st century, religious tribunals – Protestant, Catholic, Jewish, and Muslim – operate throughout the world. Almost all are male-dominated, patriarchal, and sex-discriminatory. Harms to women produced by Muslim or sharia courts have come into focus in recent years, but present realities of religio-legalism operating through Christian and Jewish – as well as Muslim – religious courts in Western nations have been under-examined. This essay documents controversies concerning sharia-courts that have arisen in Canada and in the United Kingdom during the past decade and also looks at concurrent developments relating to sharia and to other-than-Muslim religious courts in the US.Religious courts – Christian, Jewish, and Muslim – have in common that they assert original or exclusiv...

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Women's Wrongs, Religions' Rights: Women, Free Exercise, and Establishment in American Law

This article provides an historical examination of American Constitutional law concerning religio... more This article provides an historical examination of American Constitutional law concerning religion as it has evolved through three periods: the Mormon period of the late nineteenth century; the religious pluralism period of post-WW2 decades; and the multiculturalism period that began around 1990 and that remains underway. It examines Supreme Court interpretations of First Amendment provisions pertaining to religion, and it contextualizes those interpretations to explore their implications for women’s liberty and equality at each of the three periods. Its argument is that Constitutional doctrine relating to religion – through its multiple doctrinal reversals – has consistently entailed and depended upon negative constructions of women, sacrificing women’s liberty and equality interests in order to prefer and to cultivate the liberty and equality interests of churches.

Zig-Zag Stitching and the Seamless Web: Thoughts on "Reproduction" and the Law*

Whenever I read law relating to women and motherhood, I find myself sickened.

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Beyond Nomos and Narrative: Unconverted Antinomianism in the Work of Susan Howe

... O&#x27;Brien for years of conversation about literature, religion, and gender; to Susan S... more

Realities of Religio-Legalism: Religious Courts and Women's Rights in Canada, the United Kingdom, and the United States

Privacy and Prurience: An Essay on American Law, Religion, and Women

Page 1. Electronic copy available at: http://ssrn.com/abstract=1935705 In my studying of American... more

Beyond Nomos and Narrative: Unconverted Antinomianism in the Work of Susan Howe

... O&#x27;Brien for years of conversation about literature, religion, and gender; to Susan S... more

Beyond Nomos and Narrative: Unconverted Antinomianism in the Work of Susan Howe

... O&#x27;Brien for years of conversation about literature, religion, and gender; to Susan S... more

Inventing Choreographies: Feminism and Deconstruction

Columbia Law Review, 1990

Hosanna-Tabor, the Ministerial Exemption, and Losses of Equality: Constitutional Law and Religious Privilege in the US

SSRN Electronic Journal, 2015

Hosanna-Tabor, the Ministerial Exception, and Losses of Equality: Constitutional Law and Religious Privilege in the United States

Oxford Journal of Law and Religion, 2015

Family Issue(s) (reviewing Family Bonds: Adoption and the Politics of Parenting by Elizabeth Bartholet)

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Abortion of Narrative: A Reading of the Judgment of Solomon

Yale Journal of Law and Feminism, 1991

Download

Legal studies as cultural studies : a reader in (post)modern critical theory

... A READER IN (POSTMODERN CRITICAL THEORY Acknowledgments vii Introduction: (Post)Modern Legal ... more

The "Bad Mother" in Law and Literature: A Problem of Representation

Hastings Law Journal, 1992

Download

Beyond Nomos and Narrative: Unconverted Antinomianism in the Work of Susan Howe

Yale Journal of Law and Feminism, 2007

Download

Realities of Religio-Legalism: Religious Courts and Women's Rights in Canada, the United Kingdom, and the United States

Download

Women's Wrongs, Religions' Rights: Women, Free Exercise, and Establishment in American Law

Zig-Zag Stitching and the Seamless Web: Thoughts on "Reproduction" and the Law*

Whenever I read law relating to women and motherhood, I find myself sickened.

Download

Beyond Nomos and Narrative: Unconverted Antinomianism in the Work of Susan Howe

... O&#x27;Brien for years of conversation about literature, religion, and gender; to Susan S... more

Realities of Religio-Legalism: Religious Courts and Women's Rights in Canada, the United Kingdom, and the United States

Privacy and Prurience: An Essay on American Law, Religion, and Women

Page 1. Electronic copy available at: http://ssrn.com/abstract=1935705 In my studying of American... more

Beyond Nomos and Narrative: Unconverted Antinomianism in the Work of Susan Howe

... O&#x27;Brien for years of conversation about literature, religion, and gender; to Susan S... more

Beyond Nomos and Narrative: Unconverted Antinomianism in the Work of Susan Howe

... O&#x27;Brien for years of conversation about literature, religion, and gender; to Susan S... more

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