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Mary Anne Case : Publications

Book Sections

"Dignities." In LGBT Rights After Same-Sex Marriage, ed. Carlos Ball. forthcoming 2015.

"Implications of the Vatican Commitment to Complementarity for Gendered Rights and Gendered Rites." In Gendered Rights/Gendered Rites, ed. Lisa Fishbayn. Brandeis University Press, forthcoming 2014.

"Is There a Lingua Franca for the American Legal Academy?"  In The New Legal Realism, ed. Elisabeth Mertz. Cambridge University Press, forthcoming 2014.

“'You’re telling me it’s wrong to do to the prisoners what the Army does to its own soldiers?'” Gender Performance Requirements of the U.S. Military in the War on Islamic Terrorism." In Torture, Law & War, ed. Scott Anderson. University of Chicago Press, forthcoming 2014.

"Seeing the Sex and Justice Landscape through the Vatican’s Eyes." In Sex and Justice, ed. David Halperin. Duke University Press, forthcoming 2014.

"What Turns on Whether Women are Human for Boccaccio and Christine de Pizan?" In Boccaccio at 700, CEMERS, forthcoming 2014.

"Feminist Constitutionalism and the Constitutionalism of Marriage in Feminist Constitutionalism." In Global Perspectives, ed. Beverly Baines, et al. Cambridge U. Press, 2012.

"The Peculiar Stake U.S. Protestants Have in the Question of State Recognition of Same-Sex Marriage." In After Secular Law, edited by Winnifred Fallers Sullivan. Stanford University Press, 2011.

"Feminist Fundamentalism on the Frontier Between Government and Family Responsibility for Children."In Taking Responsibility: Law and the Changing Family, edited by Craig Lind. Ashgate Press, 2011.

"Why Not Abolish the 'Laws of Urinary Segregation'?" In Toilet: Public Restrooms and the Politics of Sharing, edited by Harvey Molotch, 2010.

"Feminist Fundamentalism and Constitutional Citizenship." In Dimensions of Women’s Equal Citizenship, edited by Joanna Grossman and Linda McClain. Cambridge University Press, 2009.

"A Few Words in Favor of Cultivating an Incest Taboo in the Workplace." In Feminists and Queer Legal Theory: Intimate Encounters, Uncomfortable Conversations, edited by Martha Fineman, Jack E. Jackson, and Adam P. Romero. Ashgate, 2009 (also published in the Symposium Issue on Emotions and Institutions and in Feminism Confronts Queer Theory, ed. Martha Fineman (2009)).

"Perfectionism and Fundamentalism in the Application of the German Abortion Laws." In Constituting Equality: Gender Equality and Comparative Constitutional Law edited by Susan Williams. Cambridge University Press, 2009.

"The Very Stereotype the Law Condems: Constitutional Sex Discrimination Law as a Quest for Perfect Proxies." In vol. 17 of Civil Rights Litigation and Attorney Fees Annual Handbook, edited by Steven Saltzman. Clark Boardman Company, 2001.

"Christine De Pizan and the Authority of Experience." In Christine De Pizan and the Categories of Difference, edited by Marilynn Desmond. University of Minnesota Press, 1998.

Journal Articles

"The Ladies? Forget About Them. A Feminist Perspective on the Limits of Originalism," 29 Const. Comment. 431 (2014).

"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).

"Dignities." Florida State University Law Review After Marriage Symposium Issue (2014).

"A Trans-Inclusive ENDA in a Rose-Colored Eyeglass Case." Stanford Law Review (forthcoming 2014).

"The German Abortion Compromise as Example and Cautionary Tale." Women’s Rights Law Reporter (forthcoming 2014).

"When Someday Is Today: Updating Hartog's History into the Era of Medicaid and Modern Marriage." In Symposium Issue on Hendrik Hartog’s “Someday All This Will Be Yours,” Law & Social Inquiry (forthcoming 2014).

"Comparative 'Sexual Democracy': The Case of Same-Sex Marriage in the U.S., France and the U.K." Canadian Journal of Political Science (forthcoming 2014)

"After Gender the Destruction of Man? The Vatican's Nightmare Vision of the "GenderAgenda" for Law." 35 Pace Law Review 802 (2012).

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

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

"Pregnant Man?: A Conversation." 22 Yale Journal of Law and Feminisim 207 (2010) (with Darren Rosenblum, Noa Ben-Asher, Elizabeth Emens, Berta E. Hernández-Truyol, Vivian M. Gutierrez, Lisa C. Ikemoto, Angela Onwuachi- Willig, Jacob Willig-Onwuachi, Kimberly Mutcherson, Peter Siegelman, and Beth Jones).

"What Feminists Have to Lose in Same-Sex Marriage Litigation." 57 UCLA Law Review 1199 (2010).

"A Lot to Ask." Review of From Disgust to Humanity, by Martha Nussbaum. 19 Columbia Journal of Gender and Law 89 (2010).

"Feminist Fundamentalism on the Frontier Between Government and Family Responsibility for Children." 2009 Utah Law Review 381 (2009) (also published in the Journal of Law and Family Studies and What Is Right for Children?, edited by Martha Albertson Fineman and Karen Worthington, Ashgate, 2009).

"A Few Words in Favor of Cultivating an Incest Taboo in the Workplace." 33 Vermont Law Review 551 (2009).

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

"Marriage Licences." 89 Minnesota Law Review 1758 (2005).

"Pets or Meat." 80 Chicago-Kent Law Review 1129 (2005).

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

"Of "This" and "That" in Lawrence v. Texas." 2003 Supreme Court Review 75 (2004).

"Are Plain Hamburgers Now Unconstitutional? The Equal Protection Component of Bush v. Gore as a Chapter in This History of Ideas About Law." 70 University of Chicago Law Review 55 (2003).

"Developing a Taste for Not Being Discriminated Against." 55 Stanford Law Review 2273 (2003).

"Journals as a Feminist Playground: Why a Feminist Law Journal?" 12 Columbia Journal of Gender and Law 644 (2003).

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

"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).

"Atlanta's Apples: The Values of Multiplicity." 19 Quinnipiac Law Review 243 (2000).

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

"Lessons for the Future of Affirmative Action from the Past of the Religion Clauses?" 2000 Supreme Court Review 325 (2000).

"The Very Stereotype the Law Condemns: Constitutional Sex Discrimination Law As a Quest for Perfect Proxies." 85 Cornell Law Review 1447 (2000) (also published in Civil Rights Litigation and Attorney Fees Annual Handbook (2001) and Modern Constitutional Theory: A Reader, 5th ed. (2004)).

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

"Unpacking Package Deals: Separate Spheres are Not the Answer." 75 Denver University Law Review 1305 (1998).

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

"Of Richard Epstein and Other Radical Feminists." 18 Harvard Journal of Law and Public Policy 369 (1995).

"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).

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

Working Papers

"No Male or Female", U. of Chicago Public Law Working Paper No. 266, June 2009.

"Why not abolish the laws of urinary segregation?" May, 2009.

Conference Proceeding

"Gender Performance Requirements of the U.S. Military in the War on Islamic Terrorism as Violence by and against Women." Paper presented at the American Society of International Law Proceedings 2008.

Blog Posts

"Homosexuality and the Anglican Debate." The Immanent Frame. August 4, 2009.

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

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