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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).

    "The Role of the Popes in the Invention of Complementarity and the Vatican's Anathematization of Gender," 6 Religion and Gender 155 (2016). [SSRN] [WWW]

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

    "When Someday is Today: Carrying Forward the History of Old Age and Inheritance into the Age of Medicaid," 40 Law and 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). [CU]

    "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 UCLA 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: The War on Gender and the Seamless Garment of Sexual Rights," in The War on Sex, David Halperin & Trevor Hoppe eds. (Duke University Press, 2017). [WWW]

    "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). [CU]

    "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). [CU]

    "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]

Working Papers

    "Forms of Patriarchy in Amoris Laetitia and in the Papacy of Francis," University of Chicago Public Law & Legal Theory Paper Series, No. 613 (2017). [CU]

    "Scalia as Procrustes for the Majority, Scalia as Cassandra in Dissent," University of Chicago Public Law & Legal Theory Paper Series, No. 603 (2016). [CU]

Other Publications

    "The Supreme Court Has Delivered on Many of the E.R.A.’s Promises," New York Times Room for Debate, September 8, 2016. [WWW]

    "The Gender Agenda," The Tablet, September 2016. [WWW]

    "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]