Mary Anne Case

Mary Anne Case

Arnold I. Shure Professor of Law

A graduate of Yale College and the Harvard Law School, Mary Anne Case studied at the University of Munich; litigated for Paul, Weiss, Rifkind, Wharton & Garrison in New York; and was professor of law and Class of 1966 Research Professor at the University of Virginia before joining the Law School faculty. She has also served as a visiting professor at New York University for the 1996-97 academic year and spring 1999, Bosch Public Policy Fellow at the American Academy in Berlin in spring 2004, Crane Fellow in Law and Public Affairs at Princeton University for the 2006-07 academic year, Samuel Rubin Visiting Professor at Columbia Law School in spring 2013, and Fernand Braudel Fellow at the European University Institute in spring 2016. The subjects she has taught include feminist jurisprudence, constitutional law, regulation of sexuality, marriage, family law, sex discrimination, religious freedom, and European legal systems. She is the convenor of the Workshop on Regulating Family, Sex, and Gender. While her diverse research interests include German contract law, theological anthropology, and the First Amendment, her scholarship to date has concentrated on the regulation of sex, gender, sexuality, religion, and the family; and on the early history of feminism.

Education

Harvard Law School
JD, cum laude, 1980-1985

Ludwig Maximilians University
1979-1980 and alt. years thereafter through 1985

Yale University
BA, magna cum laude and honors in history, the arts and letters, and English, 1975-1979

Experience

The University of Chicago Law School
Arnold I. Shure Professor of Law, 2003-present
Director, Feminist Theory Project, Center for the Study of Gender and Sexuality, 2011-2012
Professor of Law, 1999-2003
Visiting Professor of Law, Fall 1998

Columbia University Law School
Samuel Rubin Visiting Professor, Spring 2013

Princeton University
Crane Fellow in Law and Public Policy and Visiting Faculty Member in American Studies, 2006-2007

American Academy Berlin
Bosch Public Policy Fellow, Spring 2004

New York University School of Law
Visiting Professor of Law, 1996-1997 and spring 1999

University of Virginia School of Law
Class of 1966 Professor of Law, 1996-1999
Professor of Law, 1995-1996
Associate Professor of Law, 1990-1995

Paul, Weiss, Rifkind, Wharton & Garrison New York, NY
Litigation Associate, 1986-1990

Cravath, Swaine & Moore New York, NY
Summer and Part-time Associate, 1983

Baker & MacKenzie New York, NY, and Frankfurt, Germany
Summer Associate, 1982

Breed, Abbott & Morgan New York, NY
Summer Associate, 1981

Macmillan & Co.
Freelance Editor, 1979

Journal Articles

  • "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).
  • "Dignities," __ Florida State University Law Review __ (forthcoming).
  • "Heterosexuality as a Factor in the Long History of Women's Sports," 80 Law and Contemporary Problems 25 (2017). ssrn
  • "The Sin of Turning Away from Reality: An Interview with Father Krzysztof Charamsa," 6 Religion and Gender 226 (2016) (with David Paternotte & Sarah Bracke). cu
  • "The Role of the Popes in the Invention of Complementarity and the Vatican's Anathematization of Gender," 6 Religion and Gender 155 (2016). ssrn cu www
  • "Missing Sex Talk in the Supreme Court's Same-Sex Marriage Cases," 84 University of Kansas City Law Review 675 (2016). cu
  • "Scalia as Procrustes for the Majority, Scalia as Cassandra in Dissent," 63 Jahrbuch des öffentlichen Rechts der Gegenwart 765 (2016).
  • "Perfectionism And Fundamentalism In The Application Of The German Abortion Laws," 11 FIU Law Review 149 (2015). 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
  • "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). ssrn cu www
  • "What Feminists Have to Lose in Same-Sex Marriage Litigation," 57 UCLA Law Review 1199 (2010). ssrn cu
  • "Pregnant Man: Amazon or Etana?," 22 Yale Journal of Law and Feminism 207 (2010) (with Noa Ben-Asher, Elizabeth Emens & Darren Rosenblum). ssrn cu
  • "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). ssrn cu
  • "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). ssrn cu
  • "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). ssrn cu
  • "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). ssrn cu
  • "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

  • "Gender Performance Requirements of the US Military in the War on Islamic Terrorism," in Confronting Torture, Scott Anderson & Martha Nussbaum eds. (University of Chicago Press, forthcoming 2018).
  • "Le patriarcat chez le pape François, et en particulier dans Amoris Laetitia ("Forms of Patriarchy in Amoris Laetitia and in the Papacy of Francis")," in La Sainte Famille: sexualité, filiation et parentalité dans l'Église catholique, Cécile Vanderpelen-Diagre & Caroline Sägesser eds. (Editions de l’Université de Bruxelles, 2017).
  • "Why “Live and Let Live” Is Not a Viable Solution to the Difficult Problems of Religious Accommodation in the Age of Sexual Civil Rights," in Institutionalizing Rights and Religion: Competing Supremacies, Leora Batnitzky & Hanich Dagan eds. (Cambridge University Press, 2017). cu
  • "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). cu www
  • "A Patchwork Array of Theocratic Fiefdoms? RFRA Claims against the ACA's Contraception Mandate as Examples of the New Feudalism," in Law, Religion, and Health in the United States, Holly Fernandez Lynch, I. Cohen & Elizabeth Sepper eds. (Cambridge University Press, 2017).
  • "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
  • "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
  • "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
  • "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
  • "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
  • "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 Gender Agenda," The Tablet, September 2016. www
  • "The Supreme Court Has Delivered on Many of the E.R.A.’s Promises," New York Times Room for Debate, September 8, 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

"The New Feudalism," Harvard Law School Family Law Summer Camp, June 2015; Keynote for The Future of Inequality at Tulane Law School, November 2014

"Is there a place in family law for the notion of complementarity between men and women?" Federalist Society debate with Helen Alvare, April 2015

"Sissy Farenthold, A Noble Citizen," Rapoport Center, University of Texas, April 2015

“Women's International Human Rights in Contested Public Spaces,”* Minerva Center of Hebrew University, forthcoming February 2015

"Is it Time to Rewrite the Constitution?" University of Wisconsin, November 2014

"Why 'Live-and-Let-Live' is Not a Viable Solution to the Difficult Problems of Religious Accomodation in the Age of Sexual Civil Rights," Harvard Law School, Petrie-Flom Conference on Law, Religion, and Health Care, April 2015; Religions, Rights, and Institutions, Princeton University, November 2014; Religious Accomodation in the Age of Civil Rights, Harvard Law School, April 2014; Gay Rights and Religious Liberty, Princeton University, December 2009

“Privatizing Marriage in Debating Law & Religion,”* Yale Law School, October 2014

“New Frontiers,” AALS SOGI MidYear Meeting, June 2014 

“Abortion and the Dignity of Risk: Comparing the German and US Models,”* Keynote for Haifa University /Women to Women Reproductive Rights Conference, June 2014

“Dignity and Forms of Recognition for Couple Relationships,” Keynote for New Trends in the Legal Regulation of Couples' Relationships at Haifa University, June 2014 

“Anathematizing Gender,” Keynote for Habemus Gender! Deconstruction of a religious counter-attack at Université Libre de Bruxelles, May 2014

“Religious Accommodation in the Age of Civil Rights,”* Harvard Law School, April 2014

“The Women's Liberation Movement through Vatican Eyes,”* Boston University, March 2014

“Comparative Perspectives on French Opposition to Same-Sex Marriage,”* Council for European Studies, March 2014

“A Trans-Inclusive ENDA in a Rose-Colored Eyeglass Case,”* Stanford Law Review Symposium on the 50th Anniversary of the 1964 Civil Rights Act January 2014; Feminist Disability Theories and the Law at Emory Law School, December 2009

“Dignities,”* After Marriage at Florida State University January 2014; Courting Justices: LGBT Law Advances in the Twenty-First Century AALS Conference January 2014; Marriage Equality Symposium at Stanford Law School October 2013

“Coase’s Theory of the Firm and the Family,”* Transformation of the Family at Emory Law School December 2013; Chicago’s Best Ideas spring 2012; American Sociological Association Eastern Division 2012; Law & Society 2011

“Markets and Motives,”* Sex and Reproduction: From Privacy and Choice to Resilience and Opportunity at Emory Law School November 2013; Markets and Responsibilities Workshop at Oxford Centre for Ethics and Philosophy of Law July 2009; Contested Contours in Assisted Reproduction at University of Minnesota Law School April 2009

Commentator, “Law and Lineage: Comparative Histories of ‘Children’ and ‘Families’ as Legal Subjects,” ASLH, November 2013

“Feminism and Conservatism,” Federalist Society at University of Chicago, November 2013

“The Ladies? Forget About Them. A Feminist Perspective on the Limits of Originalism,” 100thAnniversary Conference for Charles Beard's An Economic Interpretation of the Constitution at Miller Center of University of Virginia October 2013; New York University Legal History Workshop March 2014

“The Intersection of Feminism and Religious Freedom: Crash Site, Roadblock, Crossroad, Junction,”* Politics of Religious Freedom Capstone Workshop at Northwestern University, October 2013

“Legal Academia and the Future of Legal Education,” Celebration 60 at Harvard Law School, September 2013

“When Someday Is Today: Updating Hartog's History into the Era of Medicaid and Modern Marriage,” Law & Society, 2013

“Why Evangelical Protestants are Right When they Claim that State Recognition of Same-Sex Marriage Threatens Their Marriages and What the Law Should Do About It,”* Princeton University American Studies Workshop May 2013; University of Chicago Divinity School Community Luncheon January 2012; American Constitution Society at Yale Law School April 2010; ABF Legal History Workshop May 2009; Sacred/Secular Divide: The Legal Story II at Baldy Center of SUNY-Buffalo Law School May 2009; Chicago’s Best Ideas October 2008; 14th Berkshire Conference on the History of Women at University of Minnesota June 2008; Re-Describing the Sacred/Secular Divide: The Legal Story at SUNY-Buffalo Law School March 2008; New Frontiers in Family Law at University of Utah Law School February 2008; Queering the State, American Society for Legal History October 2007; as Inaugural Lecture of the Hofstra Colloquium on Law and Sexuality October 2007; Law and Society in Berlin July 2007; American Bar Foundation Working Group on Language April 2007; Up Against Family Law Exceptionalism at Harvard Law School February 2007; Modern America Workshop at Princeton University November 2006 

“Author Meets Readers: Masculinities,” Law & Society, May 2013

“Nature and the Natural in the Middle Ages,” University of Chicago, May 2013

“What Turns on Whether Women are Human for Boccaccio and Christine de Pizan?”* in Boccaccio at 700, CEMERS, SUNY Binghamton, April 2013

“How Federalism Secures the Freedom of the Individual: The Hybrid Vigor of States Rights Claims Reinforcing Individual Rights Claims,”* Cardozo Law School Faculty Workshop April 2013; Columbia Law School Faculty Workshop March 2013; University of Chicago Law School Faculty Workshop January 2013; Fordham Law School Faculty Workshop November 2012

“Implications of the Vatican Commitment to Complementarity for Gendered Rights and Gendered Rites,”* Gendered Rights/Gendered Rites at Brandeis University, April 2013

“Gay Marriage Debates in France and the U.S,”* Maison Française at Columbia, April 2013

“Comparative ‘Sexual Democracy’: The Case of Same-Sex Marriage in the U.S., France and the U.K,”* Debating Rights through the Courts and in Parliament: Diversity's Challenges at Université du Québec à Montréal, March 2013

Constitution of Biopolitics Roundtable, University of Maryland, November 2012

“The Vatican's Apocalyptic Vision of the ‘Gender Agenda,’”* in Religious Freedom and U.S. Foreign Policy at American Academy of Religion October 2012; Modernism, Christianity, Apocalypse, Bergen, Norway July 2012

“The End of Men and the End of Man,”* Evaluating Claims about The End of Men at Boston University, October 2012

“Feminism and the Movement for Sex and Justice,”* University of Michigan, October 2012

“(Sex) Stereotyping in Antidiscrimination Law,”* Lavender Law in DC, August 2012

“Christine and Complementarity,”* at VIIIe Colloque Christine de Pizan in Poznan, Poland, July 2012

“Danger: Indignity /Danger in Dignity,”* Con Law Schmooze at University of Maryland, February 2012

“The Pets or Meat Problematic as Applied to Actual Pets and Other Non-Human Animals,”* in An Uncomfortable Conversation: Human Use of Animals at Emory Law School, March 2012 

Unsexing Motherhood Symposium at Harvard Law School, February 2012

Tarrytown Meetings, 2011

“Christine and Novella,” Christine de Pizan et son époque in Amiens, December 2011

“’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 National Security, Human Rights and the "Other" at University of Minnesota Law School May 2011; ASIL Roundtable on Feminism v. Feminism: What is a Feminist Approach to Transnational Criminal Law? April 2008; Torture, Law and War, University of Chicago March 2008; 2nd Annual CRS Symposium: Race, Sexuality & the Law: Abercrombie, Imus & Beyond at UCLA March 2008; as inaugural paper for the Columbia Law School Law and Sexuality Workshop February 2008; AALS Section on Law and Interpretation January 2008; Meeting of the Minds at Law and Rationality Institute of University of Minnesota August 2007; Sexual Abuse and Exploitation of Women in Violent Conflict at Netherlands Defense Academy, July 2007

“Vulnerable Individuals and Vulnerable Human Nature in the Vatican’s Nightmare Vision of the “Gender Agenda” for Law,”* in Beyond Rights: Vulnerability and Justice at Smith College, May 2011

“Modalities of Vatican Opposition to the ‘Gender Agenda’ in Europe,”* Sexual Rights as Human Rights at University of Chicago October 2011; Gender, Religion and Human Rights at European Science Foundation in Linkoping, Sweden, June 2011; Sexual Nationalisms at University of Amsterdam January 2011; Teaching Sexuality and the Law at Yale Law School December 2010; Constitutional Values: Religion and Conflicting Sources of Moral Claims at LAPA of Princeton University October 2010

“Pregnant Man Roundtable,”* Law & Society, May 2010

“The German Compromise on Abortion from a Feminist Fundamentalist Perspective,”* Yale Law School Comparative Abortion Workshop May 2010; Federalist Society Templeton Debate, University of Chicago Law School February 2010; University of Chicago Law School Work in Progress October 2008; Vulnerability and Dependency at Emory Law School November 2007; Constituting Equality: Gender Equality in Comparative Constitutional Law at Indiana University at Bloomington April 2007

“Why Justice Johnson Was Right and Why it Matters,” University of Vermont, April 2010

“Meeting of the Minds,” Law and Rationality Institute at University of Minnesota, April 2010

“Enforcing Bargains in an Ongoing Marriage,”* For Love or Money at Washington University Law School March 2010; Framing Comparative Family Law at American University Law School March 2009

“What Stake do Heterosexual Women have in the Same-Sex Marriage/Domestic Partnership/ Civil Union Debates?”* University of Chicago Gender Studies Distinguished Faculty Lecture March 2010; Coimbra Congress on Normative Discourses on Family and Gender in Portugal June 2008; Up Against the Nation States of Feminist Legal Theory Conference at University of Kent June 2006; University of Chicago Law and Philosophy Workshop winter 2004; North Carolina Law School fall 2003; International Society for Family Law June 2003; Feminisms and Fundamentalisms Conference at Cornell Law School April 2003; Emory Law School March 2003; Subversive Legacies Conference at University of Texas November 2002; Workshop in Law and Public Policy at Princeton University October 2002; Association for the Study of Law, Culture and the Humanities spring 2002; University of Houston Law School faculty workshop spring 2002; Women and the Law Conference at DePaul University spring 2001; Women Leaders in the Political Process at Vermont Law School spring 2000

“Originalism: A Rationalization for Conservatism, or a Principled Theory of Interpretation?” in Federalism 2.0 of Federalist Society Annual Student Symposium, February 2010

“The Many Meanings of Gender, Sexuality and Gender Law and Scholarship: Assessing the Field, Envisioning the Future,”* UCLA and Williams Institute, March 2010

Convenor, "What Pertains To a Man"? Transcending Gender Boundaries in Jewish and Israeli Law, March 2010

“Gay Rights and Religious Liberty,”* Princeton University, December 2009

“Showing that femme est a l'omme pareille: Novella, daughter of Giovanni d’Andrea, in the Livre de Leesce and the City of Ladies,”* VII International Colloquium on Christine de Pizan Bologna, September 2009

“Constitutional Gender,”* Lavender Law, September 2009

“Beyond Same-Sex Marriage & Abortion Rights: Emerging Issues for the LGBTI and Reproductive Rights Movements,”* Lavender Law, September 2009

“Family Law Summer Camp,” Harvard Law School, July 2009

Roundtable on Fat Rights, Law and Society Denver, May 2009

"Democracy and Gender Equality in the Muslim World," University of Chicago Law School, May 2009

“Adoption by Same-Sex Couples,” University of Chicago Outlaw, May 2009

“Comment: Slavery in the Other Domestic Relations,”* in The Thirteenth Amendment’s Promises of Liberty at University of Chicago Law School, April 2009

“Enforcing Bargains in an Ongoing Marriage,”* in Framing Comparative Family Law, March 2009

“Feminist Fundamentalism and the Constitutionalization of Domestic Relations,”* Second International Conference on Feminist Constitutionalism in Ontario, Canada, February 2009

“Martha Nussbaum Symposium,”* Columbia University, February 2009

“Judge Posner Answers the Feminists,” University of Chicago Law School, February 2009

“No Male or Female, But All Are One,”* 25th Anniversary Conference: Generations of Feminist Legal Theory Feminism and Legal Theory Workshop, November 2008

“On Feminist Fundamentalism,”* Tel Aviv University, March 2011; Inaugural Joint Workshop of St. Louis and Washington University Schools of Law March 2009; Chicago’s Best Ideas April 2008; Working From the World Up: Equality's Future FLT 25th Anniversary University of Wisconsin March 2008; Georgetown University Law School Faculty Workshop March 2008; University of Iowa Law School Faculty Workshop January 2008; University of Chicago Gender & Sexuality Studies Workshop January 2008; Global Feminisms at Center for Teaching and Learning of University of Chicago January 2008; Thomas M. Cooley Law School Law Review Symposium on The Road to Equality: Are We There Yet?; Seton Hall Law School Faculty Colloquium November 2007; Roundtable: Gender Equality in the Americas at LatCrit XII October 2007; University of Chicago Law School Faculty Work-in-Progress September 2007; University of North Carolina Law School Faculty Workshop September 2008; Meeting of the Minds, Law and Rationality Institute at University of Minnesota August 2007; Princeton Law and Public Affairs Workshop May 2007; Dimensions of Women's Equal Citizenship at Hofstra Law School November 2006; Rutgers-Camden Law School Faculty Colloquium November 2006

“Toilet Paper: Public Toilets As Gendered Spaces,”* Princeton University Program in Women’s and Gender Studies February 2009; American Bar Foundation April 2002; UCLA School of Law Faculty Workshop spring 2001; Feminism and Legal Theory Workshop Cornell Law School spring 2000; First Annual Distinguished Faculty Lecture in Gender Studies University of Chicago October 1999

“Feminist Fundamentalism and the Baby Markets,”* Gender and Family Responsibility at University of Sussex July 2008; Law and Society in Montreal May, 2008; DePaul Law School and Cambridge University Press Baby Markets Roundtable September 2006

“For Love or Money: Sex Discrimination in Compensation for the Supply of Genetic Materials,”* University of Chicago Law School Conference on Contested Commodities, April 2008

“On Liking and Not Liking in the Law of Discrimination Part II: Cultivating an Incest Taboo in the Workplace,”* Emotions and the Workplace at Law and Society in Montreal May 2008; Emotions and Institutions at University of Chicago Law School May 2008; Uncomfortable Conversation: Feminism and Queer Theory at Emory Law School April 2005; Uncomfortable Conversation on Sexuality and Feminist Theory at Cornell Law School November 2002

“Same-Sex Marriage, Outlaw/Federalist Society Debate,”* Northwestern Law School February 2009 (with Maggie Gallagher); University of Chicago Law School February 2008 (with Amy Wax)

“Outlawing Orgasm,”* University of Chicago Law School April 2008; Northwestern Law School October 2007

Center for Integration of Research on Genetics and Ethics and Stanford Center for Biomedical Ethics workshop on Genetics, Evolution, and Cognitive Ability and Intelligence, June 2007

“The German Compromise on Abortion from a Feminist Fundamentalist Perspective,”* University of Chicago Law School Work in Progress October 2008; Vulnerability and Dependency at Emory Law School November 2007; Constituting Equality: Gender Equality in Comparative Constitutional Law at Indiana University-Bloomington April 2007

“Christine de Pizan as Pioneer of Parité in Memory of Charity Cannon Willard: Masters, Mentors and Pioneers,” 42nd International Congress on Medieval Studies in Kalamazoo, Michigan, May 2007

“Role of Law in Employment Patterns,” Global Network on Inequality Studies of Discrimination at Princeton University, 2007

“The Bowels of Christ, and those of Audrey Jo DeClue and Albert Johnson,”* Cognitive Perspectives on Trust and Empathy at University of Minnesota Law School, April 2007

“Pink Forum: From Marilyn to Mao,”* Princeton Report on Knowledge, March 2007

“Does Clarence Thomas Speak in the Voice of Color? Or the Limits of Narrative,”* Storytelling and the Law: A Retrospective on Narrative, Ethics and Legal Change at Emory University October 2006; Power of Stories: Intersections of Law, Culture and Literature at University of Gloucester July 2005; Yale Law School Conference on Critical Race Theory November 1997

“From Exception to Exemplar,” in VIe colloque international sur Christine de Pizan at Université Paris, July 2006

“Paying for Care,”* Law and Society at Baltimore, July 2006

“Pets or Meat?,”* Up Against Family Law Exceptionalism at University of Toronto February 2008; Law and Money at Princeton University June 2006; Columbia Law School Feminist Theory Workshop February 2006; Must We Choose Between Rationality and Irrationality? at Chicago-Kent November 2004; Commodification Futures Conference in Denver 2001

“On Not Having the Opportunity to Introduce Myself to John Kerry in the Men's Room,”* Intersections: Feminist & Queer Geographies in Leeds July 2008; There is No Politics Without Fantasy at Keele University April 2006; Law, Culture and the Humanities at University of Texas March 2005

Co-convenor, Uncomfortable Conversation: Sociobiology, Evolutionary Psychology, and Feminist Legal Theory, Emory Law School, December 2006

“Feminist Fundamentalism, Perfectionism and the Veil,”* University of Alabama Law School Faculty Colloquium April 2006; All in the Family: Islam and Women’s Rights Emory Law School March 2006

“From Lord Hardwicke’s Act to DOMA,”* International Society for Family Law in Utah July 2005; Legal Rights in Historical Perspective at William & Mary Law School April 2005; Principles of Association in British History at Nicholson Center for British Studies, University of Chicago April 2005; American Historical Association January 2005; The Public and Private Faces of Family Law, University of Chicago Legal Forum fall 2003

“Singing the Songs of Zion in a Strange Language,”* Law & Society May 2010; New Legal Realism Meets Feminism and Legal Theory at Emory Law School June 2005

“Veiled Representatives and Representations of Liberal States,”* Keele University, May 2005

“Children at the Intersection of State Commitments to Sex Equality and Normative Pluralism,”* Competing Paradigms of Rights and Responsibility? Children in the Discourses of Religion and International Human Rights at Emory Law School, April 2005

“A Margin of Appreciation for U.S. Statutes,”* From Warren to Rehnquist and Beyond: Federalism as Theory, Doctrine, Practice and Instrument AALS Conference, January 2005

“The Role of the State in Marriage and Corporations,”* (with Paul Mahoney), Up Against Family Law Exceptionalism at Radcliffe Institute January 2009; Up Against Family Law Exceptionalism at University of Toronto February 2008; Washington University Workshop on Work, Family & Public Policy November 2004; Columbia Law School Feminism & Legal Theory Colloquium: Economic Discourse and the Family March 1998; University of Virginia summer workshop June 1996; NYU Legal History Colloquium October 1996

“Marriage Licenses,”* Lockhart Lecture at University of Minnesota Law School, October 2004

“The Public/Private Distinction in the United States and Germany, and the Regulation of Human Biology,”* Colloquium on Ethics, Public Policy and Law: The Stem Cell Debate in the United States of America and the Federal Republic of Germany at Catholic University, October 2004

"Gender and Democracy," German Federal Foreign Office, September 2004

“Legal Aspects of the Participation of Women in the U.S. Economy,” Kennedy Institute at FU Berlin, spring 2004

“Of “This” and “That” in Lawrence v Texas,”* Northwestern Law School Constitutional Theory Workshop January 2004; University of Chicago Law School WIP Series winter 2004

“Journals as a Feminist Playground,”* Why A Feminist Law Journal? at Columbia Law School, 2003

“Community Standards and the Margin of Appreciation,”* Colloque: Droits de l'Homme et du Citoyen at Grundrechte, Civil Rights, Centre Marc Bloch in Berlin, summer 2002.

“Developing a Taste for Not Being Discriminated Against,”* Law and Society Association in Vancouver, BC, June 2002

“Blue-eyed Actresses, the Black Male Gaze and Justice Scalia: Some Historical Speculations Prompted by Textual Deconstruction,”* Law and Society Association in Vancouver, BC, June 2002

Feminisms and Sexualities Taskforce, University of Arizona November 2002; Barnard College September 2001; University of Chicago winter 2001

“How High the Apple Pie? A Few Troubling Questions About Where, Why and How the Burden of Care for Children Should Be Shifted,”* Uncomfortable Conversation on Children: Public Good or Individual Responsibility at Cornell Law School, November 1999

“Karl Llewellyn on Constitutional and Family Law,” American Society for Legal History, October 2000

“Lessons for the Future of Affirmative Action from the Past of the Religion Clauses?,”* Clason Lecture at Western New England College of Law October 2000; Roger Williams University School of Law Faculty Workshop fall 2000; University of Chicago Law School WIP winter 2001

“Constitutional Challenges to the Defense of Marriage Act,”* Conference on Freedom to Marry at Harvard Law School, February 1999

“The Relationship between Sex and Sexual Orientation Discrimination,”* Eastern Division American Philosophical Association, December 1988

“Rethinking Educational Equality,”* University of Chicago Legal Forum Symposium on Sex Discrimination, November 1998

“Atlanta’s Apples: The Values of Multiplicity,”* Quinnipiac Law Review Conference on the Thought of Martha Nussbaum, October 1998

Conference on Constitutionalism and Democracy, Florence, Italy, July 1998

“The Very Stereotype the Law Condemns: Constitutional Sex Discrimination Law as a Quest for Perfect Proxies,”* University of Chicago Faculty Workshop November 1998; NYU Faculty Workshop March 1997; NY Area Feminist Works-in-Progress Group May 1997; Quinnipiac Legal Theory Workshop April 1997; University of Virginia Summer Workshop June 1997; UCLA Colloquium on Justice April 1998

“Unpacking Package Deals,”* UCLA Colloquium on Justice April 1998; Denver Law School Conference On InterSEXionalities February 1998

“Making Equality Sexy,”* University of Virginia Colloquium on All the President’s Women, March 1998

“Is America Divided Into Two Nations by Race and Class?” University of Virginia Theory Seminar Conference Does America Have a Democratic Mission?, March 1998

Second Constitutional Summit Federalism Panel, NYU, October 1997

“Molecular Constitutionalism and Community Standards,”* Chicago-Kent Faculty Workshop fall 1998; Fordham Legal Theory Workshop March 1997; NYU Constitutional Theory Colloquium February 1997; Hofstra Law Faculty Workshop February 1997; Ashton Phelps Lecture at Tulane Law School March1996

“Unpacking Package Deals,”* Denver Law School Conference on InterSEXionalities, February 1998

“The Role of Religion in A Lawyer's Work,” Fordham Law School, June 1997

“Constitutional Tragedies,” AALS Section on Law and Interpretation, January 1997

"Vindicating Women's Rights through Domestic Law," AALS Section on Comparative Law, January 1997

“Privacy and Personality,”* American Society for Legal History, October 1996

“Rights of Transsexuals,” Lavender Law, October 1996

“Molecular Constitutionalism and the Margin of Appreciation,”* Utah Law School Conference on the New Comparative Law, October 1996

“Is Race to Color as Sex is to Gender?”* Law & Society, July 1996

“The VMI Debate: What Is At Stake,”* University of Virginia Federalist Society, April 1996

“Consensus and Community,” National Women Law Students Association Conference, March 1996

“Legal Rights Affecting Women,” Rutherford Institute Conference, March 1996

“VMI, Stereotyping and Gender Discrimination,”* Washington and Lee Law School, January 1996

“Cohabitation Twenty Years After Marvin,”* AALS, January 1996

“Disaggregating Gender,”* University of Chicago Feminist Theory Workshop, January 1996

“The Hardest Question in Constitutional Law,”* Georgetown Constitutional Theory Workshop, December 1995

“Christine and The Authority of Experience,”* CEMERS Conference on Christine de Pizan, October 1995

“Feminist Uses of Sociobiology Law and Society,” Toronto, June 1995

“What is Feminist Jurisprudence?”* George Mason University Law School, April 1995

"Women in the New Market Economics," University of Connecticut, April 1995

“The Class Position of the Legal Academy,” Critical Networks Conference on Class, March 1995

“Essentialism and the Limits of the Law,”* Re-Exploring Questions of Essentialism at Columbia Law School, November 1994

“Literature and Censorship: The Case of Lolita,”* University of Virginia Festival of American Film's Love and Other Obsessions, November 1994

“The Meaning of Sex,”* Direction and Distortion: The Centrality of Sexuality in the Shaping of Feminist Legal Theory at Columbia Law School, June 1994

“Legal Redefinition of Family,”* The American University Journal of Gender & the Law's Symposium on Gender, Family & Change: Developments in the Legal Regulation of Family Life, April 1994

“What is Feminist Legal Theory?,”* Federalist Society Symposium on Feminism, Sexual Distinctions, and the Law, March 1994

“Inclusiveness of Feminist Theory,”* Solidarity, Inclusion, and Representation: Tensions and Possibilities within Contemporary Feminism; Inaugural Symposium of the National Women Law Students' Association, February 1994

“Regulation of Porn: A Legal Perspective,” The Politics of Porn: Inquiries Into Images and Power at University of Virginia, March 1994

“Catharine MacKinnon's Only Words,”* The Politics of Porn: Inquiries Into Images and Power at University of Virginia, February 1994

“The Agony of Abortion Adjudication in Germany,”* Comparative Constitutional Law: Directions After Euphoria at AALS Section on Comparative Law in Orlando, FL, January 1994

“Couples and Coupling,”* University of Michigan Legal Theory Workshop, September 1993

“The Legal History of Lesbian and Gay Rights,”* Symposium on Sexual Orientation and the Law with Virginia Law Review, April 1993

“Jefferson and Rights,” Jeffersonian Legacies Conference at University of Virginia, fall 1992 and resulting PBS film

"The Uses of Biology for the Study of Law," Gruter Institute, summer 1992

“Reconstructing the Female Self: The Constitution of Woman's Voice,”* Justice and its Discontents: Dissent in the Renaissance at Yale Law School, winter 1992

“Women and the First Amendment,” Hollins College, fall 1991

“Race, Sex and Justice: Perspectives on the Clarence Thomas Hearings,”* University of Virginia, fall 1991

"Women in Eastern Europe, Law & Society," Amsterdam, summer 1991

"Women in the E.C.," Zentrum fuer Europaeische Rechtspolitik, Bremen, summer 1991

“Free Speech vs. Hate Speech,” Marshall University, spring 1991

The New Feudalism

Coase’s Theory of the Firm and the Family

Citizens of the City of God United? The Confused Premises and Radical Implications of Hosanna Tabor

How Federalism Secures the Freedom of the Individual: The Hybrid Vigor of States Rights Claims ReinforcingIndividual Rights Claims

Comparative "Sexual Democracy": The Case of Same-Sex Marriage in the U.S., France and the U.K

Dignities in the Marriage Cases and Beyond

Deconstructing Scalia

Why Evangelical Protestants are Right When they Claim that State Recognition of Same-Sex Marriage Threatens Their Marriages and What the Law Should Do About It

Markets and Motives for Sex and Reproduction

The Vatican and the Gender Agenda

On Liking And Not Liking in the Law of Discrimination

Kol Nidre/All Vows

Memberships and Professional Affiliations

  • Board Member, University of Chicago Center for Gender Studies (2008-present)
  • Advisory Board, Sexuality & the Law, SSRN (2008-present)
  • Advisory Board, Law and Rationality Institute, University of Minnesota (2006-present)
  • American Bar Foundation Working Group on Language (2005-present)
  • Expert Advisor, UN Working Group on Discrimination Against Women
  • Bar admissions, New York, SDNY, EDNY, and United States Court of Appeals Second Circuit

Awards

  • Crane Fellowship, Princeton University (2006-2007)
  • Berlin Prize, Bosch Public Policy Fellowship, American Academy Berlin (2004)
  • Bankard Fund for Political Economy for comparative German/U.S. contract law (1993)
  • Harvard Sheldon Fellowship alternate (1985)
  • Fulbright alternate (1981)
  • Youthgrant, N.E.H. (1980)
  • Marshall-Allison Fellowship, Yale University (1979, 1980)
  • German Academic Exchange Service, DAAD (1979-1980)
  • McGraw-Hill National Merit Scholarship (1975-1979)
  • U.S. Presidential Scholar, Scholar-Advisor (1975-1976)

 

Events

  • New York Area Law and Sexualities Workshop (2006-present)
  • Planning Committee, AALS Midyear Meeting on Sexual Orientation and Gender Identity (2014)
  • USIA/ABA Benjamin Franklin Program, C.I.S, (summer 1992)
  • Advisory Panel, "Feminist Judgments"

 

Languages

  • German
  • French
  • Latin