Feminist Judgments: Rewritten Opinions of the United States Supreme Court

doi:10.1017/CBO9781316411254

What would United States Supreme Court opinions look like if key decisions on gender issues were written with a feminist perspective? Feminist Judgments brings together a group of scholars and lawyers to rewrite, using feminist reasoning, the most significant US Supreme Court cases on gender from the 1800s to the present day. The twenty-five opinions in this volume demonstrate that judges with feminist viewpoints could have changed the course of the law. The rewritten decisions reveal that previously accepted judicial outcomes were not necessary or inevitable and demonstrate that feminist reasoning increases the judicial capacity for justice. Feminist Judgments opens a path for a long overdue discussion of the real impact of judicial diversity on the law as well as the influence of perspective on judging.

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Contents

Frontmatter
pp i-iv
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Dedication
pp v-vi
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Contents
pp vii-x
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Notes on contributors
pp xi-xxiv
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Advisory panel
pp xxv-xxviii
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Preface
pp xxix-xxx
- By Kathryn M. Stanchi, Temple University Beasley School of Law, Linda L. Berger, UNLV Boyd School of Law, Bridget J. Crawford, Pace University School of Law
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Acknowledgments
pp xxxi-xxxii
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About the cover art
pp xxxiii-xxxiv
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Table of cases
pp xxxv-xlviii
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Part I - Introduction and overview
pp 1-2
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1 - Introduction to the U.S. feminist judgments project
pp 3-23
- By Kathryn M. Stanchi, Professor of Law and Affi liated Professor of Women's Studies at Temple University Beasley School of Law, Linda L. Berger, Professor of Law and the Associate Dean for Faculty Development and Research at UNLV Boyd School of Law., Bridget J. Crawford, Professor of Law at Pace University School of Law.
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2 - Talking back: From feminist history and theory to feminist legal methods and judgments
pp 24-52
- By Berta Esperanza Hernández-Truyol, Professor of Law at the University of Florida Levin College of Law.
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Part II - The feminist judgments
pp 53-54
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3 - Bradwell v. Illinois, 83 U.S. 130 (1873)
pp 55-77
- By Kimberly Holst, teaches legal writing and skills courses at the Sandra Day O'Connor College of Law at Arizona State University., Phyllis Goldfarb, Professor of Clinical Law and Associate Dean for Clinical Affairs at George Washington University Law School.
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4 - Muller v.|Oregon, 208 U.S. 412 (1908)
pp 78-97
- By Andrea Doneff, Professor at Atlanta's John Marshall Law School (AJMLS)., Pamela Laufer-Ukeles, Professor of Law at the University of Dayton School of Law.
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5 - Griswold v. Connecticut, 381 U.S. 479 (1965)
pp 98-113
- By Cynthia Hawkins DeBose, Professor at Stetson University College of Law where she teaches courses in Family Law., Laura Rosenbury, Professor of Law at University of Florida Levin College of Law.
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6 - Loving v. Virginia, 388 U.S. 1 (1967)
pp 114-136
- By Inga N. Laurent, Professor and Director of the Externship Program at Gonzaga University School of Law., Teri McMurtry-Chubb, Professor of Law at Mercer University School of Law.
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7 - Stanley v. Illinois, 405 U.S. 645 (1972)
pp 137-145
- By Nancy D. Polikoff, Professor of Law at American University Washington College of Law., Karen Syma Czapanskiy, Professor of Law at the University of Maryland Francis King Carey School of Law.
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8 - Roe v. Wade, 410 U.S. 113 (1973)
pp 146-167
- By Rachel Rebouché, Professor at Temple University Beasley School of Law., Kimberly M. Mutcherson, Professor of Law at Rutgers School of Law.
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9 - Frontiero v. Richardson, 411 U.S. 677 (1973)
pp 168-184
- By Iselin M. Gambert, Professor of Legal Writing at The George Washington University Law School., Dara E. Purvis, Assistant Professor of Law at the Pennsylvania State University School of Law.
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10 - Geduldig v. Aiello, 417 U.S. 484 (1974)
pp 185-207
- By Maya Manian, Professor of Law at the University of San Francisco School of Law., Lucinda M. Finley, Professor of Law at the State University of New York at Buffalo Law School.
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11 - Dothard v. Rawlinson, 433 U.S. 321 (1977)
pp 208-227
- By Brenda V. Smith, Professor of Law and Director of the Project on Addressing Prison Rape at American University., Maria L. Ontiveros, Professor of Law and co-director of the labor and employment law program at University of San Francisco School of Law.
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12 - City of Los Angeles Department of Water and Power v. Manhart, 435 U.S. 702 (1978)
pp 228-241
- By Cassandra Jones Havard, Professor of Law at the University of Baltimore School of Law., Tracy A. Thomas, Associate Dean for Institutional Excellence and Seiberling Chair of Constitutional Law at The University of Akron School of Law.
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13 - Harris v. McRae, 448 U.S. 297 (1980)
pp 242-256
- By Mary Ziegler, Professor at Florida State University College of Law., Leslie C. Griffin, Professor of Law at UNLV Boyd School of Law.
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14 - Michael M. v. Superior Court, 450 U.S. 464 (1981)
pp 257-271
- By Margo Kaplan, Associate Professor at Rutgers Law School, where she teaches courses on criminal law., Cynthia Godsoe, Professor of Law at the Brooklyn Law School.
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15 - Rostker v. Goldberg, 453 U.S. 57 (1981)
pp 272-296
- By Jamie R. Abrams, Professor at the University of Louisville Brandeis School of Law., David S. Cohen, Professor of Law at the Drexel University Thomas R. Kline School of Law.
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16 - Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986)
pp 297-321
- By Kristen Konrad Tiscione, Professor of Legal Research and Writing at Georgetown University Law Center., Angela Onwuachi-Willig, Professor of Law at the University of Iowa and a graduate of Grinnell College.
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17 - Johnson v. Transportation Agency, 480 U.S. 616 (1987)
pp 322-340
- By Deborah Gordon, Professor of Law and Director of the Center on the Legal Profession at Stanford University., Deborah L. Rhode, Professor of Law and Director of the Center on the Legal Profession at Stanford University.
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18 - Price Waterhouse v. Hopkins, 490 U.S. 228 (1989)
pp 341-360
- By Dale Margolin Cecka, Professor of Law and Director of the Family Law Clinic at the University of Richmond School of Law., Martha Chamallas, Robert J. Lynn Chair in Law at Ohio State's Moritz College of Law where she teaches Gender and the Law.
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19 - Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992)
pp 361-383
- By Macarena Sáez, Fellow in International Legal Studies and the Director of the Center for Human Rights and Humanitarian Law at American University Washington College of Law., Lisa R. Pruitt, Professor of Law at the University of California.
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Feminist Judgments

Rewritten Opinions of the United States Supreme Court

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