The Fifth Edition of Gender and Law: Theory, Doctrine, Commentary presents a comprehensive and thoroughly updated examination of issues concerning gender and the law. This highly regarded casebook artfully merges theoretical and practical approaches, and includes an extensive teacher’s manual with links to media and other innovative materials.
Features of this classroom-tested casebook include:
- Complete, up-to-date coverage of conventional “women and the law” issues, including employment law, affirmative action, sexual harassment, family, reproductive rights, sexuality, LGBT issues, domestic violence, rape, pornography, international women’s rights, global trafficking, women’s health, Title IX, and poverty and race.
- In depth discussion of the complex ways in which gender permeates the law , including issues relating to property, ethics, contracts, sports, and criminal law.
- A theoretical frameworks organization that enables student to grasp different conceptualizations of equality and justice, and the difference these frameworks make to the resolution of concrete legal problems.
- Skillfully chosen excerpts from legal cases, statutes, and law review articles that form an ongoing dialogue within the book to stimulate thought and discussion
New to the Fifth Edition, which has been thoroughly and carefully edited:
- Comprehensive updating to include a number of timely issues, ranging from same-sex marriage and gays in the military, to sexual harassment, work and family balance, appearance discrimination, women in the legal profession, rape, curtailments of the right to choose an abortion, reproductive technologies, and transgendered individuals.
- New principal cases, including
- Gonzales v. Carhart (challenge to “partial-birth” abortion)
- State v. Alberts (application of rape shield law)
- Witt v. Department of the Air Force (challenge to “Don’t Ask, Don’t Tell” policy)
- In re Marriage Cases (California same-sex marriage case)
- Schroer v. Billington (recognition of Title VII claim by transsexual)
- Bah v. Mukasey (grant of asylum claim based on history of mandatory female “circumcision”)
- Many more “Putting Theory into Practice” problems at the end of each section. These problems keep students grounded in concrete, real-life issues and develop their ability to think critically and from different analytical perspectives.
- A complete reorganization of Chapter 6, renamed “Identity,” that makes it more accessible and more teachable. Revamped Chapter 6 covers issues relating to gender identity, including problems of multiple, “intersecting” bases of discrimination such as sex discrimination combined with race, age, appearance, disability or religion discrimination; expectations associated with men and masculinity; difficulties of biological definition of sex and gender; the clash between U.S. feminist values and cultural practices; and critiques of paranoia, bad faith, and moral perfectionism in feminism.
Gender and Law: Theory, Doctrine, Commentary, Fifth Edition, is a thoughtful and skillful examination of gender and the law issues that face us all in the twenty-first century.
Chapter 1. Formal Equality
Chapter 2. Substantive Equality
Chapter 3. Nonsubordination
Chapter 4. Difference Theory
Chapter 5. Autonomy
Chapter 6. Identity
Katharine T. Bartlett
E-mail address: bartlett@law.duke.edu
Katharine T. Bartlett, A. Kenneth Pye Professor of Law, served as Dean of Duke Law School from 2000-2007. She teaches family law, employment discrimination law, gender and law, and contracts, and publishes widely in the fields of family law, gender theory, employment law, theories of social change, and legal education. She has the leading casebook (with Deborah Rhode) in the area of gender law.
Professor Bartlett served as a reporter for the American Law Institute's Principles of the Law of Family Dissolution (2002), for which she was responsible for the provisions relating to child custody. For her work on this project, she was named R. Ammi Cutter Chair in 1998.
Professor Bartlett earned her degrees at Wheaton College, Harvard University, and the University of California at Berkeley. Before coming to Duke, she was a law clerk on the California Supreme Court and a legal services attorney in Oakland, California. She has been a visiting professor at UCLA and at Boston University, a scholar in residence at New York University School of Law and Columbia Law School, and a fellow at the National Humanities Center in Research Triangle Park, supported by the Rockefeller Foundation. In 1994, she won the University Scholar/Teacher of the Year Award at Duke University
Deborah L. Rhode
E-mail address: rhode@stanford.edu
Ernest W. McFarland Professor of Law
Deborah L. Rhode is one of the country’s leading scholars in the fields of legal ethics and gender, law, and public policy. An author of 20 books, including The Beauty Bias, she is the nation’s most frequently cited scholar in legal ethics. She is the director of the Stanford Center on the Legal Profession.
Professor Rhode is the former president of the Association of American Law Schools, the former chair of the American Bar Association’s Commission on Women in the Profession, the founder and former director of Stanford’s Center on Ethics, and the former director of the Michelle R. Clayman Institute for Gender Research at Stanford. She also served as senior counsel to the minority members of the U.S. House Committee on the Judiciary on presidential impeachment issues during the Clinton administration. She has received the American Bar Association’s Michael Franck award for contributions to the field of professional responsibility; the American Bar Foundation’s W. M. Keck Foundation Award for distinguished scholarship on legal ethics; and the American Bar Association’s Pro Bono Publico Award for her work on expanding public service opportunities in law schools. She is a member of the American Academy of Arts and Sciences and vice chair of the board of Legal Momentum (formerly the NOW Legal Defense and Education Fund). She is currently a columnist for the National Law Journal.
Before joining the Stanford Law faculty, Professor Rhode was a law clerk for Supreme Court Justice Thurgood Marshall.
Education
BA, Yale University, 1974
JD, Yale Law School, 1977
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