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Mary Anne Case : Publications

Journal Articles

    "Dignities," __ Florida State University Law Review __ (forthcoming).

    "The German Abortion Compromise as Example and Cautionary Tale," __ Women's Rights Law Reporter __ (forthcoming).

    "Comparative 'Sexual Democracy': The Case of Same-Sex Marriage in the U.S., France and the U.K.," __ Canadian Journal of Political Science __ (forthcoming).

    "Missing Sex Talk in the Supreme Court's Same-Sex Marriage Cases," 84 University of Kansas City Law Review 675 (2016).

    "The Role of the Popes in the Invention of Complementarity and the Vatican's Anathematization of Gender," Online Religion and Gender __ (2016) (advance access). [SSRN] [WWW]

    "When Someday is Today: Carrying Forward the History of Old Age and Inheritance into the Age of Medicaid," 40 Law & Social Inquiry 499 (2015). [CU] [WWW]

    "Why "Live-And-Let-Live" Is Not a Viable Solution to the Difficult Problems of Religious Accommodation in the Age of Sexual Civil Rights," 88 University of Southern California Law Review 463 (2015). [CU] [WWW]

    "Perfectionism And Fundamentalism In The Application Of The German Abortion Laws," 11 FIU Law Review 149 (2015).

    "The Ladies? Forget About Them: A Feminist Perspective on the Limits of Originalism," 29 Constitutional Commentary 431 (2014). [CU]

    "Legal Protections for the 'Personal Best' of Each Employee: Title VII’s Prohibition on Sex Discrimination, the Legacy of Price Waterhouse v. Hopkins, and the Prospect of ENDA," 66 Stanford Law Review 1333 (2014). [CU] [WWW]

    "After Gender the Destruction of Man - The Vatican's Nightmare Vision of the 'Gender Agenda' for Law," 31 Pace Law Review 802 (2011). [CU]

    "Feminist Fundamentalism as an Individual and Constitutional Commitment," 19 American University Journal of Gender, Social Policy and the Law 549 (2011). [CU]

    "Enforcing Bargains in an Ongoing Marriage," 35 Washington University Journal of Law and Policy 225 (2011). [CU]

    "A Lot to Ask (reviewing Martha Nussbaum, From Disgust to Humanity: Sexual Orientation and Constitutional Law (2010))," 19 Columbia Journal of Gender and Law 89 (2010). [CU] [SSRN] [WWW]

    "What Feminists Have to Lose in Same-Sex Marriage Litigation," 57 University of California at Los Angeles Law Review 1199 (2010). [CU] [SSRN]

    "Pregnant Man: Amazon or Etana?," 22 Yale Journal of Law and Feminism 207 (2010) (with Noa Ben-Asher, Elizabeth Emens & Darren Rosenblum). [CU] [SSRN]

    "Feminist Fundamentalism on the Frontier between Government and Family Responsibility for Children," 2009 Utah Law Review 381 (2009). [CU]

    "Feminist Fundamentalism on the Frontier between Government and Family Responsibility for Children," 11 Journal of Law and Family Studies 333 (2008). [CU]

    "A Few Words in Favor of Cultivating an Incest Taboo in the Workplace," 33 Vermont Law Review 551 (2008). [CU] [SSRN]

    "All the World's the Men's Room," 74 University of Chicago Law Review 1655 (2007). [CU]

    "Pets or Meat," 80 Chicago-Kent Law Review 1129 (2005). [CU] [SSRN]

    "Community Standards and the Margin of Appreciation," 25 Human Rights Law Journal 10 (2004). [CU]

    "Marriage Licenses," 89 Minnesota Law Review 1758 (2004). [CU]

    "Developing a Taste for Not Being Discriminated Against (reviewing Ian Ayres, Pervasive Prejudice? Unconventional Evidence of Race and Gender Discrimination (2001) and Francisco Valdes, Jerome McCristal Culp & Angela P. Harris, Crossroads, Directions, and ," 55 Stanford Law Review 2273 (2003). [CU] [SSRN]

    "Are Plain Hamburgers Now Unconstitutional? - The Equal Protection Component of Bush v. Gore as a Chapter in the History of Ideas about Law," 70 University of Chicago Law Review 55 (2003). [CU]

    "Journals as a Feminist Playground," 12 Columbia Journal of Gender and Law 644 (2003). [CU]

    "Of This and That in Lawrence v. Texas," 2003 Supreme Court Review 75 (2003). [CU]

    "Reflections on Constitutionalizing Women's Equality," 90 California Law Review 765 (2002). [CU]

    "How High the Apple Pie - A Few Troubling Questions about Where, Why, and How the Burden of Care for Children Should Be Shifted," 76 Chicago-Kent Law Review 1753 (2001). [CU]

    "Changing Room? A Quick Tour of Men's and Women's Restrooms in U.S. Law over the Last Decade," 13 Public Culture 333 (2000). [CU] [WWW]

    "Atalanta's Apples: The Values of Multiplicity," 19 Quinnipiac Law Review 243 (2000). [CU]

    "Lessons for the Future of Affirmative Action from the Past of the Religion Clauses," 2000 Supreme Court Review 325 (2000). [CU] [SSRN]

    "Two Cheers for Cheerleading: The Noisy Integration of VMI and the Quiet Success of Virginia Women in Leadership The Law of Sex Discrimination," 1999 University of Chicago Legal Forum 347 (1999). [CU]

    "Very Stereotype the Law Condemns: Constitutional Sex Discrimination Law As a Quest for Perfect Proxies," 85 Cornell Law Review 1447 (1999). [CU]

    "Unpacking Package Deals: Separate Spheres Are Not the Answer," 75 Denver University Law Review 1305 (1998). [CU]

    "Disaggregating Gender from Sex and Sexual Orientation: The Effeminate Man in the Law and Feminist Jurisprudence," 105 Yale Law Journal 1 (1995). [CU]

    "Of Richard Epstein and Other Radical Feminists," 18 Harvard Journal of Law and Public Policy 369 (1994). [CU]

    "Couples and Coupling in the Public Sphere: A Comment on the Legal History of Litigating for Lesbian and Gay Rights," 79 Virginia Law Review 1643 (1993). [CU]

    "From the Mirror of Reason to the Measure of Justice," 5 Yale Journal of Law and the Humanities 115 (1993). [CU]

Book Sections

    "Seeing the Sex and Justice Landscape through the Vatican’s Eyes," in Sex and Justice, David Halperin & Trevor Hoppe eds. (Duke University Press, forthcoming).

    "Dignities," in After Marriage Equality: The Future of LGBT Rights, Carlos Ball ed. (NYU Press, 2016).

    "Is There a Lingua Franca for the American Legal Academy?," in The New Legal Realism: Translating Law-And-Society For Today's Legal Practice, Stewart Macaulay, Elizabeth Mertz, Thomas Mitchell & Michael McCann eds. (Cambridge University Press, 2016).

    "Implications of the Vatican Commitment to Complementarity for Gendered Rights and Gendered Rites," in Women's Rights and Religious Law: Domestic and International Perspectives, Lisa Fishbayn & Fareda Banda eds. (Brandeis University Press, 2016).

    "Coase's Theory of the Firm and the Family," in Ronald H. Coase (University of Chicago Law School, 2014). [CU]

    "Feminist Constitutionalism and the Constitutionalism of Marriage," in Feminist Constitutionalism Global Perspectives, Beverly Baines ed. (Cambridge U. Press, 2012). [CU]

    "Feminist Fundamentalism on the Frontier Between Government and Family Responsibility for Children," in Taking Responsibility: Law and the Changing Family, Craig Lind ed. (Ashgate Press, 2011). [CU]

    "The Peculiar Stake U.S. Protestants Have in the Question of State Recognition of Same-Sex Marriage.," in After Secular Law, Winnifred Fallers Sullivan ed. (Stanford University Press, 2011). [CU]

    "Why Not Abolish the Laws of Urinary Segregation?," in Toilet: Public Restrooms and the Politics of Sharing, Harvey Molotch & Laura Norén eds. (New York University Press, 2010). [CU]

    "No Male or Female," in Transcending the Boundaries of Law: Feminism and Legal Theory, Martha Fineman ed. (Routledge, 2010). [CU] [WWW]

    "Feminist Fundamentalism and the Baby Markets," in Baby Markets, Michele Goodwin ed. (Cambridge University Press, 2010). [CU]

    "A Few Words in Favor of Cultivating an Incest Taboo in the Workplace," in Feminists and Queer Legal Theory: Intimate Encounters, Uncomfortable Conversations, Martha Fineman, Jack E. Jackson & Adam P. Romero eds. (Ashgate, 2009). [CU]

    "Perfectionism and Fundamentalism in the Application of the German Abortion Laws," in Constituting Equality: Gender Equality and Comparative Constitutional Law, Susan Williams ed. (Cambridge University Press, 2009). [CU]

    "Feminist Fundamentalism and Constitutional Citizenship.," in Gender Equality: Dimensions of Women’s Equal Citizenship, Joanna Grossman & Linda McClain eds. (Cambridge University Press, 2009). [CU]

    "Feminist Fundamentalism on the Frontier between Government and Family Responsibility for Children," in What’s Right for Children?, Karen Worthington & Martha Fineman eds. (2009). [CU]

    "The Very Stereotype the Law Condems': Constitutional Sex Discrimination Law as a Quest for Perfect Proxies," in Civil Rights Litigation and Attorney Fees Annual Handbook, Steven Saltzman ed. (Clark Boardman Company, 2001). [CU]

    "Christine De Pizan and the Authority of Experience," in Christine De Pizan and the Categories of Difference, Marilynn Desmond ed. (University of Minnesota Press, 1998). [CU]

Other Publications

    "Homosexuality and the Anglican Debate," Immanent Frame, August 4, 2009. [WWW]

    "Searching for the Model Toilet," Princeton Report on Knowledge, March 7, 2008. [WWW]

    "From Marilyn to Mao," Princeton Report on Knowledge, May 7, 2007. [WWW]