Law 555B - Seminar: Feminist Legal Theory (Prof. Olsen)

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In recent decades, sex discrimination scholarship has moved beyond its initial focus on legal doctrine and constitutional arguments to develop a criticism of the legal system itself. This seminar will focus on the impact that feminist legal theory is having on legal philosophy. We will read major works in feminist legal theory and discuss the practical effects these theoretical formulations have on selected legal issues of importance to men and women. 

If there is sufficient interest, a major focus of our consideration will be on the impact anti-discrimination law has had on family law, and in particular the ways that different interpretations of gender equality impact the lives of women, men, and children. Are some family law courts intentionally using "gender-neutrality" to justify misogynistic policies, and if so, why? What does this tell us about relationships between theory and practice more generally, and what relationship does it bear to the use of "color-blind" policies in the area of race discrimination?