Special Issue: Feminist Legal Theory (Studies in Law, Politics, and Society)

Publisher's Description: Half A Century After The Beginning Of The Second Wave, Feminist Legal Theorists Are Still Writing About Many Of The Subjects They Addressed Early On: Money, Sex, Reproduction, And Jobs. What Has Changed Is The Way That They Talk About These Subjects. Specifically, These Theorists Now Posit A More Complex And Nuanced Conception Of Power. Recent Scholarship Recognizes The Complexities Of Power In Contemporary Society, The Ways In Which These Complexities Entrench Sex Inequality, And The Role That Law Can Play In Reducing Inequality And Increasing Agency. The Feminist Legal Theorists In This Volume Are Emblematic Of This Effort. They Carefully Examine The Relationship Between Gender, Equality, And Power Across An Array Of Realms: Sex, Reproduction, Pleasure, Work, Money. In Doing So They Identify Social, Political, Economic, Developmental, And Psychological And Somatic Forces, Operating Both Internally And Externally, That Complicate The Expression And Constraint Of Power. Finally, They Give Sophisticated Thought To The Possibilities For Legal Interventions In Light Of These More Complex Notions Of Power. Going Wild : Law And Literature And Sex / Susan Frelich Appleton And Susan Ekberg Stiritz -- Women's Sexual Agency And The Law Of Rape In The 21st Century / Kathrine K. Baker And Michelle Oberman -- Care And Danger : Feminism And Therapy Culture / Angela P. Harris -- Market-cautious Feminism / Maxine Eichner -- Unequal Terms : Gender, Power, And The Recreation Of Heirarchy / June Carbone And Naomi Cahn -- Schrödinger's Child : Non-identity And Probabilities In Reproductive Decision-making / Jennifer S. Hendriks. Edited By Austin Sarat, Department Of Law, Jurisprudence & Social Thought And Political Science, Amherst College ; Special Issue Editors, Maxine Eichner, School Of Law, University Of North Carolina, Chapel Hill, Nc, Usa; Clare Huntington, Fordham University School Of Law, New York, Ny, Usa. Includes Bibliographical References. Front Cover Special Issue Feminist Legal Theory Copyright page Contents List of Contributors Editorial Board Introduction References Going Wild: Law and Literature and Sex Introduction Third-Wave Feminisms, Wild Zones, and Contact Zones Regulating Sex: Four Encounters through Fiction Sexual Power, Then and Now In the Next Room (or the Vibrator Play) Tell Me ... Tell Me Sexual – and Political – Unfolding Push Lost in the Forest The Pedagogical, the Personal, and the Political Problem Solving in and out of Law Opportunities in Legal Education and the Humanities Transdisciplinary Opportunities Applications Sex Surveys: An Immediate Contact Zone Catching Third Waves Naming the Unnamed in Wild Zones Doing It: Student Papers Conclusion Notes Acknowledgments AFTERWORD: Sample Syllabus (Excerpts) Seminar Regulating Sex: Historical and Cultural Encounters Spring 2015 References Women’s Sexual Agency and the Law of Rape in the 21st Century Modern Rape Reform Sex Narratives The Second Wave Feminist Account of Sex Sex-Positivists’ Narrative Account of Sex As Applied to Rape Law Contemporary Sexual Norms and Practice Sexting Contemporary Media Hooking Up Mapping the Theory onto Reality Agency Injury Sex Conclusion Notes Acknowledgments References Care and Danger: Feminism and Therapy Culture Introduction Defining Therapy Culture SHARING AND CARING IN PUBLIC Governance Femininity? Towards a Feminist Therapy Culture Conclusion Notes References Market-Cautious Feminism U.S. Feminism’s Labor Market Bias Arriving at the Goal of Labor Market Parity: The Feminine Mystique and Second-Wave Feminism The Results of the Second-Wave’s Push for Labor-Market Parity What Has Been Left Out of the Mainstream Feminist Conversation: The Market and Market Ideology Capitalism as a Disciplinary System In the Labor Market In the Home Overvaluing Work as against the Rest of Life Moving beyond Gender Parity The Problem with Treating Success among Women as a Zero-Sum Game Toward Market-Cautious Feminism Supporting Better Paid Work Supporting Less Paid Work Supporting the Commoning of Some Care Work Fostering Economic Equality, Not Only Within Families, but Also Among Families Reducing Consumerism, While Fostering Spaces for Freedom Conclusion Notes Acknowledgments References Unequal Terms: Gender, Power, and the Recreation of Hierarchy Critical Legal Analysis, Feminism, and the Analysis of Power The Terms of Inequality The Ripple Effects: The Impact of Structural Power on Family Relationships Winner Take All Power Dynamics and the Impact on Gender Equality Conclusion Notes Acknowledgments References Schrödinger’s Child: Non-identity and Probabilities in Reproductive Decision-Making The Non-Identity Problem The Interests of (Future) Children The Non-Identity Argument The Dilemma for Law and Policy A Further Concern: The Maternal Justification for Women’s Rights The Non-identity Problem and Assigning Parentage The Non-Identity Argument Against Mandatory Disclosure Mandatory Disclosure as an Assignment of Parentage Solutions Probability and Complex Systems Expected Value Expectation Without the Math Notes Acknowledgments References This volume carefully examines the relationship between gender, equality, and power across an array of realms: sex, reproduction, pleasure, work, money. It identifies social, political, economic, developmental, and psychological and somatic forces, operating both internally and externally, that complicate the expression and constraint of power