Mary Anne Case

University of Chicago | UC

Geoffrey Stone is the second of my straight white secular Jewish male University of Chicago Law School colleagues to write a big book examining the treatment of sex in American law from his usual disciplinary perspective. The first was Richard Posner, whose 1992 book Sex and Reason applied the tools of law and economics and of rational choice to a...

Feminist Judgments: Family Law Opinions Rewritten - edited by Rachel Rebouché June 2020

Disability, Health, Law, and Bioethics - edited by I. Glenn Cohen April 2020

Cambridge Core - Medical Law, Ethics and forensic Medicine - Disability, Health, Law, and Bioethics - edited by I. Glenn Cohen

Using Greek myth to illuminate some of the late Justice Scalia's rhetorical moves, this chapter argues that as an author of majority opinions, Scalia was often Procrustes, leaving no case behind but forcing all prior doctrine into the shape he needed for the new law of rules he was announcing. In dissent, by contrast, Scalia could be Cassandra: des...

This essay traces the Vatican’s decades-long, worldwide, multifront war on what it has come to call “gender ideology” from its very recent incarnation in Donald Trump’s United States back through its origins in the past century, highlighting the central role that concerns about transgender rights have always played for the two popes who have most d...

Because few people are trained in the techniques of torture, US military soldiers and other personnel tasked with conducing “enhanced interrogation” in the War on Terror had to devise their own approaches, using what they knew already from prior experiences. This chapter argues that the techniques these soldiers often chose illustrate the way that...

While the law can create conflict between religion and health, it can also facilitate religious accommodation and protection of conscience. Finding this balance is critical to addressing the most pressing questions at the intersection of law, religion, and health in the United States: should physicians be required to disclose their religious belief...

Modern statesmen and political theorists have long struggled to design institutions that will simultaneously respect individual freedom of religion, nurture religion's capacity to be a force for civic good and human rights, and tame religion's illiberal tendencies. Moving past the usual focus on personal free expression of religion, this illuminati...

This is the first of two volumes announcing the emergence of the new legal realism as a field of study. At a time when the legal academy is turning to social science for new approaches, these volumes chart a new course for interdisciplinary research by synthesizing law on the ground, empirical research, and theory. Volume 1 lays the groundwork for...

This article examines the origins and uses by the Vatican of the theological anthropology of complementarity, arguing that the doctrine of complementarity, under which the sexes are essentially different though not unequal, is an invention of the twentieth century untraceable in earlier centuries, but developed by, among others, the Popes from Pius...

Hartog, Hendrik. 2012. Someday All This Will Be Yours: A History of Inheritance and Old Age. Cambridge MA: Harvard University Press. Pp. 353. $29.95 cloth. This review essay of Hendrik Hartog's (2012) Someday All This Will Be Yours undertakes a brief overview of some of the massive changes in middle-class planning for old age and inheritance in the...

For several years now, I have sought to vindicate what I call feminist fundamentalism, which I define as an uncompromising commitment to the equality of the sexes as intense and at least as worthy of respect as, for example, a religiously or culturally based commitment to female subordination or fixed sex roles. As I have argued, both individuals a...

This chapter argues that opposition to legal recognition of same-sex marriage on the part of evangelical Protestant religious conservatives who claim such recognition would undercut their own marriages can best be understood as the result of Protestant dependence on the state to enforce its legal traditions. It contrasts this concern with the pract...

Many people today place great hope in law as a vehicle for the transformation of society and accept that law is autonomous, universal, and above all, secular. Yet recent scholarship has called into question the simplistic narrative of a separation between law and religion and blurred the boundaries between these two categories, enabling new account...

This Essay analyzes the presumption against the availability of judicial enforcement for bargains between spouses in an ongoing marriage. It mentions rules on marriage such as one which states that married couples are limited to self-help, extreme step of dissolution and private negotiations. The author discusses the case of McGuire vs. McGuire, wh...

This Essay includes a first-person narrative of having a child through surrogacy, responses to that narrative by other law professors and the surrogate, and a concluding response and epilogue by the Author.

The title of Martha Nussbaum‘s recent book From Disgust to Humanity: Sexual Orientation and Constitutional Law encapsulates well the book‘s normative and descriptive claims. In Nussbaum‘s descriptive account, the politics of disgust have been and remain at the root of all opposition to recognition of legal rights for homosexuals, whether the issue...

This Article highlights both the rewards in accepting and the risks in rejecting a claim of sex discrimination as one constitutional basis for invalidating restrictions on marriage for same-sex couples. It argues that recognition of same-sex marriage and elimination of enforced sex roles are as inextricably intertwined as the duck is with the rabbi...

The central claim of this chapter should not be a controversial one. The claim is simply this: that our nation's fundamental constitutional commitment to the equality of the sexes, and to the instantiation of that equality in the repudiation of “fixed notions concerning the roles and abilities of men and women,” should apply with full force in any...

When I arrived in Germany a few years ago to look more closely at the application of the German abortion laws, I did so with a feminist chip on my shoulder. I was convinced that the application of the laws was disrespectful of women's dignity and autonomy, in ways that should be equally troubling to supporters and opponents of abortion rights. I wa...

At a time when so many different religious fundamentalisms are coming to the fore and demanding legal recognition, I want to vindicate something I have come to call feminist fundamentalism, by which I mean an uncompromising commitment to the equality of the sexes as intense and at least as worthy of respect as, for example, a religiously or cultura...

For this, my contribution to the Feminist Legal Theory Projects's Twenty-fifth Anniversary Volume Beyond the Boundaries of the Law, I take the invitation to participants to be to speak very personally about how we came to feminist legal theory and what we made of it. I take my title from the New Testament, because I came to my own radical take on s...

This brief essay endorses Margaret Mead's suggestion that it might be useful to think of sexual relations in the workplace in terms of an incest taboo. Several features of incest taboos are relevant to Mead's suggestion: First, such taboos, while often embodied in law, do not rely principally on legal enforcement, but on internalized social norms,...

Gender Performance Requirements of the U.S. Military in the War on Islamic Terrorism as Violence by and Against Women - Volume 102 - Mary Anne Case

The central question to be explored in this essay is whether and when commingling commodification with affection can be more problematic than naked commodification. The notion that it is problematic to allow commodification to leach into certain realms thought of as properly the domain of affection, the notion that such realms simply should not be...

Using as a jumping-off-point Ian Ayres's Pervasive Prejudice and the new Critical Race Theory reader, Crossroads, this review essay urges that more systematic data gathering, testing, surveying, analysis and theorizing should be done from the perspective of the victims of discrimination in the retail markets with an eye toward developing a taxonomy...

For both educational affirmative action and the use of race in districting, this essay pursues parallels with the Supreme Court's religion clause jurisprudence in aid of the argument that the approach mapped out by the Powell opinion in Bakke, the Michigan District Court in Gratz, and the Supreme Court dissenters in the Shaw v. Reno line of voting...

Public Culture 13.2 (2001) 333-336 Constitutional Equal Protection In litigation concerning the admission of women to the Virginia Military Institute (VMI), the school made much of the educational benefits afforded by "total lack of privacy," with male cadets under constant observation even while in "gang bathrooms." Admitting women, the school suc...

On March 6, 2012, Mary Anne Case was a featured speaker at the Clason Lecture Series sponsored by Western New England University School of Law. She explored the effects on sex equality and military effectiveness through feminization as a means of degradation, whether in interrogation of male Islamic prisoners or in basic training of U. S. military...