Boston University School of Law

Linda C. McClain

Education

Oberlin College
A.B., High Honors in Religion, 1980
Majors: Religion; Government
Honors: Phi Beta Kappa; Senior Honors Thesis

University of Chicago
A.M., Divinity School, 1981
Field: Religious Studies
Honors: Full Tuition Scholarship

Georgetown University Law Center
J.D., cum laude, 1985
Honors: Editor, Georgetown Law Journal
Dean's List all three years

New York University School of Law
LL.M., 1991, (General)
Fields: Jurisprudence, Gender and the Law

Employment

Boston University School of Law
Paul M. Siskind Scholar of Law, Professor of Law (2007 - Present)
Courses Taught: Family Law; Children and the Law; Feminist Jurisprudence; Colloquium on Research on Gender, Law, and Public Policy; Property

Hofstra University School of Law
Rivkin Radler Distinguished Professor of Law (2004-2007)
Co-Director, Institute for the Study of Gender, Law and Policy (2005-2007)
Professor (1997-2004)
Associate Professor (1991-1997)
Courses Taught: Property; Family Law; Child, Family & State; Comparative Family Law; Feminist Jurisprudence; Jurisprudence; Colloquium on Contemporary Issues in Gender, Law, and Policy; Law and the Welfare State

University of Pennsylvania Law School
Visiting Professor (Spring 2006)
Courses Taught: Family Law; Feminist Legal Theory

Harvard Law School
Visiting Professor (Winter Term 2000)
Course Taught: Feminist Jurisprudence

University of Virginia School of Law
Visiting Associate Professor (Fall 1993)
Courses Taught: Feminist Legal Theory; Jurisprudence

Cravath, Swaine & Moore
Associate, Litigation (1985-1990)

Research Fellowships and Honors

Harvard University, Faculty Fellow in Ethics, The Center for Ethics and the Professions, 1999-2000 Academic Year

State University of New York at Buffalo, Visiting Scholar, Baldy Center for Law & Social Policy, October 1-5, 2001

Hofstra University, Stessin Prize for Outstanding Scholarship, 1997

Bar Admissions

  • New York (1986)
  • Southern District of New York (1987)

Professional Affiliations

  • Association of American Law Schools
    • Executive Committee, AALS Section on Family Law, (2006-present)
    • Chair, AALS Section on Law and Communitarian Studies, (2008-present)
  • American Bar Association
  • American Political Science Association
  • American Society for Political and Legal Philosophy
  • Council on Contemporary Families
  • Committee on the Political Economy of the Good Society (PEGS)
  • International Society of Family Law
  • New York Society of Women in Philosophy
  • Board of Advisors, Georgetown Journal of Gender and the Law, (2007-present)
  • Advisory Board, Feminist Sexual Ethics Project (Ford Foundation Project, Dr. Bernadette Brooten, Principal Investigator), (2000-present)
  • Editorial Board, Perspectives, publication of Commission on Women in the Profession, American Bar Association, (2001-2002)
  • Association of the Bar of the City of New York, Committee on Women in the Profession, (1996-1999)

Publications

"Corporate Conscience and the Contraceptive Mandate: A Dworkinian Reading," 30 Journal of Law and Religion  (forthcoming). 
Full text: SSRN  

"Dworkin’s Perfectionism," with James E. Fleming, in Law and Dignity: Essays in Honour and Memory of Professor Ronald Dworkin Lokendra Malik, ed., Oxford University Press (forthcoming). 

"Liberty," with James E. Fleming, in Oxford Handbook of the United States Constitution M. Tushnet, S. Levinson & M. Graber, eds., Oxford University Press (forthcoming). 

"The Intersection of Civil and Religious Family Law in the U.S. Constitutional Order: A Mild Legal Pluralism," in Beyond Secularism: Political Religion, Legal Pluralism, and Democratic Constitutionalism J. L. Cohen & C. Laborde, eds., Columbia University Press (forthcoming). 

"The Civil Rights Act of 1964 and 'Legislating Morality': On Conscience, Prejudice, and Whether 'Stateways' Can Change 'Folkways’," in Symposium, The Civil Rights Act of 1964 at 50: Past, Present, and Future, 95 Boston University Law Review 891 (2015). 
Full text: SSRN  

"The Family and Medical Leave Act, Work/Family Policy, and Family Values in the Clinton and Obama Administrations: A Story of Progress and Unfinished Business," in Woman Up 2: A Transatlantic Gender Dialogue 97, Maari Poim & Judit Tanczos, FEPS-FJJ (2015). 

"Is There a Way Forward in the 'War over the Family'?" review of Clare Huntington, Failure to Flourish: How Law Undermines Family Relationships, Oxford University Press (2014), 93 Texas Law Review 705 (2015). 
Full text: Hein (BU)  Hein  SSRN  

50 no.2 Tulsa Law Review Winter 2014 - Book Review Issue, with Ken I. Kersch, eds., University of Tulsa College of Law (2014). 

"Can Religion Without God Lead to Religious Liberty Without Conflict?" in Symposium, A Symposium on Ronald Dworkin's Religion Without God, 94 Boston University Law Review 1273 (2014). 
Full text: SSRN  

"Common and Uncommon Families in the American Constitutional Order," review of Mark Brandon, States of Union: Family and Change in the American Constitutional Order, University Press of Kansas (2013), 67 Vanderbilt Law Review En Banc 19 (2014). 
Full text: Hein (BU)  Hein  SSRN  

"The Myth of Strict Scrutiny for Fundamental Rights," with James E. Fleming, 12 Dartmouth Law Journal 1 (2014). 
Full text: Hein (BU)  Hein  

"Ordered Gun Liberty: Rights with Responsibilities and Regulation," with James E. Fleming, in Symposium, America's Political Dysfunction: Constitutional Connections, Causes and Cures, 94 Boston University Law Review 849 (2014). 
Full text: SSRN  

49 no.2 Tulsa Law Review Winter 2013 - Book Review Issue, with Ken I. Kersch, eds., University of Tulsa College of Law (2013). 
Full text: Hein (BU)  Hein  

Ordered Liberty: Rights, Responsibilities, and Virtues, with James E. Fleming, Harvard University Press (2013). Symposia Responses: “Ordered Liberty: A Response to Three Views,” with James E. Fleming, 28 Constitutional Commentary 435 (2013); Balkinization Symposium on Ordered Liberty, with James E. Fleming; Concurring Opinions Symposium on Ordered Liberty, with James E. Fleming. Podcast on New Books Network, with James E. Fleming (2013). 

What Is Parenthood?: Contemporary Debates about the Family, with Daniel Cere, eds., New York University Press (2013). 
Full text: SSRN  

"Against Agnosticism: Why the Liberal State Isn?t Just One (Authority) Among the Many," in Symposium, On Constitutional Obligation and Disobedience: A Symposium on Abner S. Green's Against Obligation and Louis Michael Seidman's On Constitutional Disobedience, 93 Boston University Law Review 1319 (2013). 

"A Diversity Approach to Parenthood in Family Life and Family Law," in What is Parenthood?: Contemporary Debates about the Family 41, Linda C. McClain & Daniel Cere, eds., New York University Press (2013). 

"Federal Family Policy and Family Values From Clinton to Obama, 1992-2012 and Beyond," 2013 Michigan State Law Review 1621 (2013). 
Full text: SSRN  

"From Romer v. Evans to United States v. Windsor: Law as a Vehicle for Moral Disapproval in Amendment 2 and the Defense of Marriage Act," in Symposium, 20th Anniversary, 20 Duke Journal of Gender Law & Policy 351 (2013). 
Full text: PDF  Hein (BU)  Hein  SSRN  

"Ordered Liberty: Response to Michael Dorf," with James E. Fleming, 93 Boston University Law Review 1481 (2013). 

"The Other Marriage Equality Problem," in Symposium, Evaluating Claims about the End of Men: Legal and Other Perspectives, 93 Boston University Law Review 921 (2013). 
Full text: Hein (BU)  Hein  

"Preface," with Ken I. Kersch, in Symposium, Book Review issue, 47 Tulsa Law Review viii (2013). 

"Revisiting Mary Ann Glendon: Abortion, Divorce, Dependency, and Rights Talk in Western Law," with Margaret Brinig, in Les Solidarités Entre Générations/Solidarity Between Generations 349, Hugues Fulchiron, ed., Bruylant (2013). 

"Constitutional and Religious Redemption: Assessing Jack Balkin's Call for a 'Constitutional Project’," in Symposium, Originalism and Living Constitutionalism: A Symposium on Jack Balkin's Living Originalism and David Strauss's The Living Constitution, 92 Boston University Law Review 1187 (2012). 

"Marriage Pluralism in the United States: On Civil and Religious Jurisdiction and the Demands of Equal Citizenship," in Marriage and Divorce in a Multi-Cultural Context: Multi-tiered Marriage and the Boundaries of Civil Law and Religion 309, Joel Nichols, ed., Cambridge University Press (2012). 
Full text: SSRN  

"Marriage Pluralism, Family Law Jurisdiction, and Sex Equality in the United States," in Gender, Religion, and Family Law: Theorizing Conflicts Between Women’s Rights and Cultural Traditions 76, L. F. Joffe & S. Neal, eds., Brandeis University Press (2012). 

"Nature, Culture, and Social Engineering: Reflections on Evolution and Equality," in 52 NOMOS: Evolution and Morality 347, James E. Fleming & Sanford Levinson, eds., New York University Press (2012). 
Full text: SSRN  

"Respecting Freedom and Cultivating Virtues in Justifying Constitutional Rights," with James E. Fleming, in Symposium, Justice: What's the Right Thing to Do: A Public Lecture and and Symposium on Michael J. Sandel's Recent Book: Panelist Papers, 91 Boston University Law Review 1311 (2012). 
Full text: Hein (BU)  Hein  SSRN  

"Involuntary Servitude, Public Accommodations Laws, and the Legacy of Heart of Atlanta Motel v. United States," 71 University of Maryland Law Review 83 (2011). 
Full text: SSRN  

"Religious and Political Virtues and Values in Congruence or Conflict?: On Smith, Bob Jones University, and Christian Legal Society," in Symposium, Twenty Years after Employment Division v. Smith: Assessing the Twentieth Century's Landmark Case on the Free Exercise of Religion and How it Changed History, 32 Cardozo Law Review 1959 (2011). 
Full text: Hein (BU)  Hein  SSRN  

"What's So Hard About Sex Equality?: Nature, Culture, and Social Engineering," in Transcending the Boundaries of Law: Generations of Feminism and Legal Theory 67, Martha Albertson Fineman, ed., Routledge (2011). 
Full text: SSRN  

"Justice and Elegance for Hedgehogs - In Life, Law, and Literature," in Symposium Justice for Hedgehogs: A Conference on Ronald Dworkin's Forthcoming Book, 90 Boston University Law Review 863 (2010). 
Full text: SSRN  

"Child, Family, State, and Gender Equality in Religious Stances and Human Rights Instruments: A Preliminary Comparison," in What Is Right for Children?: The Competing Paradigms of Religion and Human Rights 19, M. A. Fineman & K. Worthington, eds., Ashgate (2009). 
Full text: SSRN  

Gender Equality: Dimensions of Women's Equal Citizenship, with Joanna L. Grossman, ed., Cambridge University Press (2009). 
Full text: SSRN  

"Supreme Court Justices, Empathy, and Social Change: A Comment on Lani Guinier's Demosprudence Through Dissent," in Symposium, The Most Disparaged Branch: The Role of Congress in the Twenty-First Century, 89 Boston University Law Review 589 (2009). 
Full text: Hein (BU)  Hein  Lexis  Westlaw  SSRN  

"Family Life, the Politics of the Family, and Social Transformation," in Symposium, The Place of Families: Fostering Capacity, Equality, and Responsibility, 17:1 The Good Society 68 (2008). 
Full text: SSRN  

"Red Versus Blue (and Purple) States in the Same-Sex Marriage Debate: From Values Polarization to Common Ground?" in Symposium, Red State v. Blue State: The Judicial Role in an Era of Partisanship, 77 University of Missouri-Kansas City Law Review 415 (2008-09). 
Full text: Hein (BU)  Hein  SSRN  

"Unleashing or Harnessing 'Armies of Compassion'?: Reflections on the Faith-Based Initiative," in Symposium, Checks and Balances Today: The Reality of Separation of Powers, 39 Loyola University Chicago Law Journal 361 (2008). 
Full text: Hein (BU)  Hein  Lexis  Westlaw  SSRN  

"Love, Marriage, and the Baby Carriage: Revisiting the Channeling Function of Family Law," 28 Cardozo Law Review 2133 (2007). 
Full text: Hein (BU)  Hein  Lexis  Westlaw  SSRN  

"The 'Male Problematic' and the Problems of Family Law: A Response to Don Browning's 'Critical Familism’," 56 Emory Law Journal 1407 (2007). 
Full text: Hein (BU)  Hein  Lexis  Westlaw  SSRN  

"The Role of the 'Natural Family' in Religious Opposition to Human Rights Instruments," in Family Law: Balancing Interests and Pursuing Priorities 95,  L. D. Wardle & C. S. Williams, eds., William S. Hein & Co. (2007). 

"The Evolution - or End - of Marriage?: Reflections on the Impasse over Same-Sex Marriage," 44 Family Court Review 200 (2006). Commentary on Special Issue: The Evolution of Marriage, 44 Family Court Review 33 (2006). 
Full text: Lexis  Westlaw  SSRN  

"Family Constitutions and the (New) Constitution of the Family," in Symposium, A New Constitutional Order, 75 Fordham Law Review 833 (2006). 
Full text: Hein (BU)  Hein  Lexis  Westlaw  

"'God's Created Order', Gender Complementarity, and the Federal Marriage Amendment," in Symposium, Debates about Same-Sex Marriage in Canada and the United States, 20 BYU Journal of Public Law 313 (2006). 
Full text: Hein (BU)  Hein  Lexis  Westlaw  SSRN  

The Place of Families: Fostering Capacity, Equality, and Responsibility, Harvard University Press (2006). 

"Some ABCs of Feminist Sex Education (in Light of the Sexuality Critique of Legal Feminism)," in Symposium, Children and Education, 15 Columbia Journal of Gender & Law 63 (2006). 
Full text: Hein (BU)  Hein  Lexis  Westlaw  SSRN  

"What Place for Marriage (E)quality in Marriage Promotion?" in Marriage Proposals: Questioning A Legal Status 106, Anita Bernstein ed., New York University Press (2006). 
Full text: SSRN  

"Bend It Like Beckham and Real Women Have Curves: Constructing Identity in Multicultural Coming-of-Age Stories," in Symposium, Privacy and Identity: Constructing, Maintaining, and Protecting Personhood, 54 DePaul Law Review 701 (2005). 
Full text: Hein (BU)  Hein  Lexis  Westlaw  

"Constitutionalism, Judicial Review, and Progressive Change," with James E. Fleming, review of Ran Hirschl, Towards Juristocracy, Harvard University Press (2004), 84 Texas Law Review 433 (2005). 
Full text: Lexis  Westlaw  

"Deterring 'Irresponsible' Reproduction Through Welfare Reform," in Feminism Confronts Homo Economicus: Gender, Law, and Society 225, M. A. Fineman & T. Dougherty, eds., Cornell University Press (2005). 
Full text: SSRN  

Book Review, Privacies: Philosophical Evaluations, Beate Rossler, ed., Stanford University Press (2004), 3 Perspectives on Politics 359 (2005). 

"The Domain of Civic Virtue in a Good Society: Families, Schools, and Sex Equality," in Varieties of Feminist Liberalism 207, Amy Baehr, ed., Rowman & Littlefield (2004). 
Full text: Westlaw  

"Negotiating Gender and (Free and Equal) Citizenship: The Place of Associations," in Symposium, Rawls and the Law, 72 Fordham Law Review 1569 (2004). 
Full text: Hein (BU)  Hein  Lexis  Westlaw  SSRN  

"Intimate Affiliation and Democracy: Beyond Marriage?" in Symposium, Marriage Families and Democracy (Conference), 32 Hofstra Law Review 379 (2003). 
Full text: Hein (BU)  Hein  Lexis  Westlaw  SSRN  

"The Place of Marriage in Democracy's Formative Project," in Symposium, Democracy in the Electronic Era, 11:3 The Good Society 50 (2002). 

"Care as a Public Value: Linking Responsibility, Resources, and Republicanism," in Symposium, The Structures of Care Work, 76 Chicago-Kent Law Review 1673 (2001). 
Full text: Hein (BU)  Hein  Lexis  Westlaw  

"Citizenship Begins at Home: The New Social Contract and Working Families," in Progressive Politics in the Global Age 95, Henry Tam, ed., Polity Press (2001). 

"The Domain of Civic Virtue in a Good Society: Families, Schools, and Sex Equality," in Symposium, The Constitution and the Good Society: The Constitution of Civic Virtue for a Good Society, 69 Fordham Law Review 1617 (2001). 
Full text: Hein (BU)  Hein  Lexis  

"Foreword: Legal and Constitutional Implications of the Calls to Revive Civil Society," with James E. Fleming, in Symposium, Legal and Constitutional Implications of the Calls to Revive Civil Society, 75 Chicago-Kent Law Review 289 (2000). 
Full text: Hein (BU)  Hein  Lexis  Westlaw  SSRN  

"Some Questions for Civil Society-Revivalists," with James E. Fleming, in Symposium, Legal and Constitutional Implications of the Calls to Revive Civil Society, 75 Chicago-Kent Law Review 301 (2000). 
Full text: Hein (BU)  Hein  Lexis  Westlaw  SSRN  

"Toward a Formative Project of Securing Freedom and Equality," in Symposium, Beyond Equality: Power and the Possibility of Freedom in the Republic of Choice, 85 Cornell Law Review 1221 (2000). 
Full text: Hein (BU)  Hein  Lexis  Westlaw  

"The Liberal Future of Relational Feminism: Robin West's Caring for Justice," 24 Law & Social Inquiry 477 (1999). 
Full text: Hein (BU)  Hein  Lexis  Westlaw  

"Reconstructive Tasks for a Liberal Feminist Conception of Privacy," in Symposium, Reconstructing Liberalism, 40 William & Mary Law Review 759 (1999). 
Full text: Hein (BU)  Hein  Lexis  Westlaw  

"Deliberative Democracy, Overlapping Consensus, and Same-Sex Marriage," in Symposium, The Relevance of Religion to a Lawyer's Work: An Interfaith Conference: The Political Theory Perspective, 66 Fordham Law Review 1241 (1998). 
Full text: Hein (BU)  Hein  Lexis  Westlaw  

"The Right to Privacy in Sandel's Procedural Republic," with James E. Fleming, in Debating Democracy's Discontent: Essays on American Politics, Law, and Public Philosophy 248, A. L. Allen & M. C. Regan, Jr., eds., Oxford University Press (1998). 

"Toleration, Autonomy, and Governmental Promotion of Good Lives: Beyond 'Empty' Toleration to Toleration as Respect," 59 Ohio State Law Journal 19 (1998). 
Full text: Hein (BU)  Hein  Lexis  Westlaw  

"In Search of a Substantive Republic," with James E. Fleming, review of Michael J. Sandel, Democracy's Discontent, Harvard University Press (1996) and Cass R. Sunstein, Legal Reasoning and Political Conflict, Oxford University Press (1996), 76 Texas Law Review 509 (1997). 
Full text: Lexis  Westlaw  

"'Irresponsible' Reproduction," 47 Hastings Law Journal 339 (1995-96). 
Full text: Hein (BU)  Hein  Lexis  Westlaw  

"Inviolability and Privacy: The Castle, The Sanctuary, and The Body," in Symposium, The Sacred Body in Law and Literature, 7 Yale Journal of Law & the Humanities 195 (1995). 
Full text: Hein (BU)  Hein  Lexis  Westlaw  

"Equality, Oppression, and Abortion: Women Who Oppose Abortion Rights in the Name of Feminism," in Feminist Nightmares: Women at Odds 159, S. O. Weisser & J. Fleischner, eds., New York University Press (1994). 

"Rights and Irresponsibility," 43 Duke Law Journal 989 (1994). 
Full text: Hein (BU)  Hein  Lexis  Westlaw  

"'Atomistic Man' Revisited: Liberalism, Connection, and Feminist Jurisprudence," 65 Southern California Law Review 1171 (1992). 
Full text: Hein (BU)  Hein  Lexis  Westlaw  

"The Poverty of Privacy?" in Symposium, Reproductive Issues in a Post-Roe World, 3 Columbia Journal of Gender & Law 119 (1992). 
Full text: Hein (BU)  Hein  Westlaw  

Research and Writing in Progress

"Free and Equal Association" (book project in progress)

"What is Parenthood?" (book in progress, to be co-edited with Daniel Cere)

"Rights and Responsibility" (planned book project, with James E. Fleming)

"Defining Parenthood: Two Paradigms or a Continuum?" (draft book chapter)

"Marriage Pluralism in the United States: Civil and Religious Jurisdiction over Family Law and the Demands of Equal Citizenship " (draft book chapter for Untying the Knots: Theorizing Conflicts Between Gender Equality and Religious Laws,  Lisa Fishbayn, ed.,  Brandeis University Press (forthcoming late 2009 or 2010);  to be adapted for second, edited book based on Project on Multi-Tiered Marriage, sponsored by Emory University’s Center for the Study of Law and Religion, Pepperdine University, and St. Thomas University School of Law)

"Care, Work, and the Social Contract: What’s the New 'New Deal'?," (draft paper presented at  "The Social Contract Revisited: The Modern Welfare State, Workshop IV – Work, Employment, and Industrial Relations in the New Social Contract," sponsored by the Foundation for Law Justice and Society and the Centre for Socio-Legal Studies, University of Oxford,  October 29-31, 2008)

"Feminist Law Reform as Social Engineering?"( book chapter in progress for Transcending the Boundaries of Law: Generations of Feminism and Legal Theory (Martha Albertson Fineman, ed., Routledge, forthcoming 2009 or 2010))

"What’s So Hard about Sex Equality?" (unpublished lecture; writing project in progress)

"The (State) Constitutionalization of Family Law (or, How Do State Constitutions Constitute Marriage and the Family?)" (research in progress for paper to be presented at Workshop, "The Constitution and the Family in Comparative Perspective,"  University of Texas School of Law, February 20, 2009)

"Marriage, Households, and Social Cooperation" (paper in progress to be presented at Symposium: "Towards a Jurisprudence of Marriage and Other Adult Intimate Relationships," to be held at Boston College Law School, March 13, 2009 (co-sponsored by Brigham Young University, J. Reuben Clark Law School)

Shorter Publications and Media Presentations

The California Supreme Court Rules in Favor of Marriage for Same-Sex Couples, Part II: How Conservative Reasons Led to a Progressive Result, FindLaw’s Writ: Legal Commentary, May 28, 2008 (with Joanna Grossman), http://writ.news.findlaw.com/grossman/20080528.html

The California Supreme Court Rules in Favor of Marriage for Same-Sex Couples, Part I: Why Domestic Partnerships are Not Enough, FindLaw’s Writ: Legal Commentary, May 27, 2008 (with Joanna Grossman), http://writ.news.findlaw.com/grossman/20080527.html

Eliot Spitzer's Fall from Grace: Reflections from a Feminist Perspective, FindLaw's Writ: Legal Commentary, March 19, 2008 (with Joanna Grossman), http://writ.news.findlaw.com/commentary/20080318_mcclain.html

Gonzales v. Carhart: How the Supreme Court’s Validation of the Federal Partial-Birth Abortion Ban Act Affects Women’s Constitutional Liberty and Equality, FindLaw’s Writ: Legal Commentary, May 1, 2007, (with Joanna Grossman), http://writ.news.findlaw.com/commentary/20070507_mcclain.html

New Justices, New Rules: The Supreme Court Upholds the Federal Partial-Birth Abortion Ban Act of 2003, FindLaw’s Writ: Legal Commentary, May 1, 2007 (with Joanna Grossman), http://writ.news.findlaw.com/commentary/20070501_mcclain.html

The New Jersey Supreme Court’s Same-Sex Marriage Decision: Couples Get the Benefits of Marriage, but Will They Also Get the Name?, FindLaw’s Writ: Legal Commentary, April 4, 2006 (with Joanna Grossman), http://writ.lp.findlaw.com/commentary/20061031_mcclain.html

What Was Marriage in the Framers’ Minds?, Newsday, June 11, 2006, A48

“Desperate Feminist Wives”: Does the Quest for Marital Equality Doom Marital Happiness?, FindLaw’s Writ: Legal Commentary, April 4, 2006 (with Joanna Grossman), http://writ.news.findlaw.com/commentary/20060404_mcclain.html

A Loss, in New Jersey, for Proponents of Same-Sex Marriage: A Window Into New Claims by Opponents about the Government’s Interest in Marriage, FindLaw’s Writ: Legal Commentary, June 28, 2005 (with Joanna Grossman), http://writ.findlaw.com/commentary/20050628_mcclain.html

Review of Privacies: Philosophical Evaluations (Beate Rossler, ed., 2004), in 3 Perspectives on Politics 359 (June 2005)

Guest appearance, “Connected Coast to Coast,” MSNBC, on same-sex marriage and civil unions, May 25, 2005 (debate with Mary Lyndon Shanley)

“Should States Abolish Marriage?,” Legal Affairs Debate Club, May 16, 2005-May 20, 2005 (online debate with Mary Lyndon Shanley)

The “Girlie Men” Slur and Similar Insults: How They Show the Persistence of Sex-Role Stereotypes, FindLaw’s Writ: Legal Commentary, September 21, 2004 (with Joanna Grossman), http://writ.findlaw.com/commentary/20040921_mcclain.html

Back to Marriage, or to Servitude?, Newsday, April 13, 2003, A38

The Bush Administration’s Plan to Promote Marriage, and Why It Takes the Wrong Approach, FindLaw’s Writ: Legal Commentary, December 10, 2002, http://writ.findlaw.com/commentary/20021210_mcclain.html

Participant, “Marriage and the State,” Odyssey, Chicago Public Radio, June 18, 2002

Making Diversity Safe for Liberal Democracy, Jurist: Books-On-Law, April 2001, http://jurist.law.pitt.edu/lawbooks/revapr01.htm#McClain (reviewing Stephen Macedo, Diversity and Distrust (Harvard University Press, 2000))

Scholarly Presentations and Conferences

"Feminist Law Reform as Social Engineering?," paper presented at "Transcending the Boundaries of Law: Generations of Feminism and Legal Theory," 25th anniversary conference of Feminism and Legal Theory Project, Emory University School of Law, November 6-8, 2008

"Care, Work, and the Social Contract: What's the New 'New Deal'?,"  paper presented at  "The Social Contract Revisited: The Modern Welfare State, Workshop IV – Work, Employment, and Industrial Relations in the New Social Contract," sponsored by the Foundation for Law Justice and Society and the Centre for Socio-Legal Studies, University of Oxford, Oxford, October 29-31, 2008

Paper presenter, "Defining Parenthood: Two Paradigms or a Continuum?," and co-moderator of  working conference, "Who Is Called a  Parent and Why?: What is Parenthood?," University of Virginia, October 16-18, 2008

"On Civil and Religious Jurisdiction over Family Law and the Demands of Equal Citizenship," Faculty Workshop, University of Notre Dame School of Law, September 18, 2008

"The Role of Courts in Circumstances of Moral Disagreement (or, Liberal Toleration, Homosexuality, and Abortion, Redux)," paper presented at symposium: "Red State v. Blue State: The Judicial Role in an Era of Partisanship," University of Missouri-Kansas City, September 12, 2008

"Gender and Social Cooperation: Theories of Sameness and Difference," paper presented on panel, "Terms of Inclusion: Gender, Status Relations, and Constitutional Designs for Equality," at 104th Annual Meeting, American Political Science Association, Boston, August 29, 2008

"Marriage Pluralism in the United States: Multiple Jurisdictions and the Demands of Equal Citizenship," presented on panel at conference, "Untying the Knots: Theorizing Conflicts Between Gender Equality and Religious Laws," Hadassah Brandeis Institute, Project on Gender, Culture, Religion, and the Law, April 15, 2008

"What's So Hard about Sex Equality?: Men, Women, and Social Cooperation," Reed College Public Policy Lecture Series – Democracy and Inequality, Reed College, Portland, April 10, 2008

Presenter, Panel on "The Moral (and Policy) Foundations of Family Law," Section on Family and Juvenile Law, Association of American Law Schools Annual Meeting, New York, New York, January 4, 2008

"Marriage Pluralism in the United States," Conference on Multi-Tiered Marriage, St. Thomas University School of Law, November 15-16, 2007 

Speaker on Program, "Marriage and Family: Law, Religion, and the Meaning of 'I Do,'" Terrence J. Murphy Institute for Catholic Thought, Law, and Policy, University of St. Thomas, November 14, 2007

"Marriage Pluralism," Feminism and Law Workshop, University of Toronto, November 2, 2007

Participant, Planning Conference, "What Is Parenthood?" Project, held at Princeton University, June 7-8, 2007 (sponsored by Institute for American Values)

Speaker, Community Luncheon Series, University of Chicago Divinity School, May 2, 2007

Speaker, Progressive Family Values Conference, held at Yale Law School, April 21, 2007, sponsored by American Constitution Society and Yale Women Faculty Forum

“Some Questions about Marriage Pluralism,” presentation for Conference, “Multi-Tiered Marriage,” Pepperdine University School of Law, February 22-24, 2007

Commentator on Lecture by Michael Perry, “Morality and Normativity,” for Natural Law Colloquium, to be held at Fordham University School of Law, February 20, 2007

“Why Family is Foundational (if Not Exceptional),” presentation at Conference, “Up Against Family Law Exceptionalism,” Harvard Law School, Program on Law and Social Thought, February 2 & 3, 2007

“Social Cooperation Between Women and Men: A Universal? On What Terms?,” presented at An Uncomfortable Conversation: Sociobiology, Evolutionary Psychology, and Feminist Legal Theory,” Feminism and Legal Theory Project, held at Emory University School of Law, December 1-2, 2006

Lead Organizer and Panel Moderator, Conference on “Dimensions of Women’s Equal Citizenship,” presented by the Institute for the Study of Gender, Law & Policy, at Hofstra Law School on November 3-4, 2006

” “Love, Marriage, and the Baby Carriage: Revisiting the Channeling Function of Family Law,” Gloria and Stanley Plesent Annual Lecture in Family Law, Cardozo Law School, delivered on October 19, 2006

“Do Liberalism and the Family Go Together – A Conversation,” with Daniel Cere and David Blankenhorn about my book, The Place of Families), 11th Annual Symposium of the Institute for American Values on “Marriage and the Law,” September 14, 2006, the Association of the Bar of the City of New York

“The Place of Families in Liberal Polities,” presentation on panel at 2006 Annual Meeting of the American Political Science Association, August 31-September 3, 2006, Philadelphia, PA

“The Place of Families/The Place of Associations,” Ad Hoc Faculty Workshop, University of Pennsylvania Law School, April 11, 2006

“Family Constitutions and the Constitution of the Family,” presented at conference, “A New Constitutional Order?,” Fordham University School of Law, March 24-25, 2006

“The Place of Families: Further Considerations,” Faculty Workshop, Rutgers University-Camden, March 27, 2006

Presentation, Maryland/Georgetown Discussion Group in Constitutional Law on “Liberalism at the Turn of the Century,” University of Maryland School of Law, March 3-4, 2006

“Some ABCs of Feminist Sex Education,” presented at Symposium on Sexuality and the Law, sponsored by Columbia Journal of Gender & Law, Columbia University School of Law, February 24, 2006

“Clintonism and the Legacy of ‘New Democrat’ Family Policy,” presented at Hofstra University’s 11th Presidential Conference, William Jefferson Clinton: The “New Democrat” from Hope, November 9-11, 2005

“‘God’s Created Order,’ Gender Complementarity, and the Federal Marriage Amendment,” presented at “Symposium on Federal Marriage Protection Amendment,” J. Reuben Clark Law School, Brigham Young University, September 9, 2005

“Child, Family, (Religion), and State in Religious Stances on Human Rights Instruments,” presented at panel on “Family Life and Moral Values” at 12th World Conference, International Society of Family Law, Salt Lake City, July 19-23, 2005

“Author Meets Readers: The Place of Families,” 12th World Conference, International Society of Family Law, Salt Lake City, July 19-23, 2005 (panel on my book)

“Child, Family, and State in Religious Stances and Human Rights Instruments: A Preliminary Comparison,” presented at Feminism & Legal Theory Project workshop on “Competing Paradigms of Rights and Responsibility?: Children in the Discourses of Religion and International Human Rights,” Emory University School of Law, April 15-17, 2005

“Constitutionalism, Judicial Review, and Progressive Social Change,” presented with James E. Fleming at Maryland/Georgetown Discussion Group in Constitutional Law on “Juristocracy,” University of Maryland School of Law, March 4-5, 2005

“Should Family Law and Policy Move Beyond Marriage?,” presented in Pattee Lecture Series, February 28, 2005, University of Minnesota Law School

“A Liberal Feminist Approach to Associations,” presented in speaker series for New York Society for Women in Philosophy, November 5, 2004, CUNY Graduate Center

“Models of Sex Education: Women as Gatekeepers or Self-Governing Subjects?,” presented at Feminist Sexual Ethics Project Colloquium, October 10-11, 2004, Brandeis University

“Identity, Gender, and Community,” presented at DePaul Law Review Symposium, “Privacy and Identity,” March 13, 2004, DePaul University School of Law

“Negotiating/Resisting Gender and (Free and Equal) Citizenship: The Place of Associations,” presented at New York University Law Review Speaker Series, November 20, 2003

“Negotiating/Resisting Gender and (Free and Equal) Citizenship: The Place of Associations,” presented at conference, “Rawls and the Law,” November 7-8, 2003, Fordham University School of Law

“Struggles over Teaching Sexual and Reproductive Responsibility,” presented at 20th Summer Workshop, Feminism and Legal Theory Project, June 26-28, 2003, University of Wisconsin-Madison

Presenter, Feminist Sexual Ethics Project Colloquium, May 21, 2003, Brandeis University

Lead organizer and panelist at interdisciplinary conference, “Marriage, Democracy, and Families,” March 14-15, 2003, Hofstra University School of Law

Presenter on two panels: “Inside the Black Box: Sources of Civil Society,” and “Gender Equality and Public Policy,” Annual Meeting of the Association for the Study of Law, Culture & the Humanities, March 7-8, 2003, Benjamin N. Cardozo Law School and New York University School of Law

“Conservative versus Feminist Sexual Economies: Beyond Abstinence?” presented at Feminist Legal Theory Workshop, “Uncomfortable Conversation” on “Sexuality and Feminist Theory,” November 15-16, 2002, Cornell Law School (also co-organizer)

“Marriage and Social Health: Marriage Promotion, Marriage (E)quality, and Welfare Reform,” Colloquium in Law, Philosophy, and Political Theory, October 10, 2002, New York University School of Law

“Families and Self-Government,” presented at Faculty Workshop, September 12, 2002, Brooklyn Law School

“Megachurches as Minitowns: Relocating Civic Space?,” presented at PEGS Roundtable on Modern Democracy and the New Property, Annual Meeting of the American Political Science Association, August 29-September 1, 2002

“Marriage (E)quality, Marriage Promotion, and Welfare Reform (Or, ‘No One Wants to Turn Back the Clock, but...’),” presented in Urban Dialogues 2002 Series, June 18, 2002, Audrey Cohen College

“Some Thoughts On Marriage (E)quality and Promoting a ‘Marriage Culture,’” presented at Harvard Women’s Law Journal 25th anniversary conference, March 9, 2002, Harvard Law School

“Some Thoughts On Marriage (E)quality and Promoting a ‘Marriage Culture,’” presented at Annual Meeting of the Association for the Study of Law, Culture & the Humanities, March 8, 2002, University of Pennsylvania Law School

“Unleashing or Harnessing ‘Armies of Compassion’?: Some Questions about the Place of Faith-Based Organizations in Building the ‘Civic Capital Economy,’” presented at Faculty Workshop, February 22, 2002, Florida State University School of Law

“Mobilizing ‘Armies of Compassion,’” presented at Georgetown/PEGS Discussion Group on Constitutional Law, November 30-December 1, 2001

“Unleashing ‘Armies of Compassion’: The Role of the Nonprofit Sector in Strengthening Families,” presented at Workshop on Feminism, Corporations & Capitalism, April 20-21, 2001, State University of New York at Buffalo School of Law

“The Domain of Civic Virtue in a Good Society,” presented in Faculty Workshop, April 12, 2001, Rutgers Law School (Newark)

Panelist in program on “Vantage Points on Coercing Privacy,” Section on Defamation and Privacy, AALS Annual Meeting, January 4, 2001, San Francisco

“The Domain of Civic Virtue in a Good Society,” presented in Faculty Workshop, October 17, 2000, New York Law School

“The Domain of Civic Virtue in a Good Society,” presented at conference, “The Constitution and the Good Society,” Sept. 22-23, 2000, Fordham University School of Law

Co-editor, Symposium on “Legal and Constitutional Implications of the Calls to Revive Civil Society,” published in 75 Chicago-Kent Law Review 289 (2000)

Panelist in workshop on “Corporations and Capitalism,” Feminist Legal Theory Workshop, June 2-3, 2000, Cornell Law School

Chair and presenter in panel on “Civic Property: Constructing the Political Economy of Citizenship,” Working Group on Law, Culture and the Humanities, March 10-12, 2000, Georgetown University Law Center

“Toward a Formative Project of Securing Freedom and Equality,” presented at Faculty Workshop, January 20, 2000, Boston University School of Law

“Care as a Public Value: Foundations for Public Responsibility,” presented at Feminist Legal Theory Workshop, “Uncomfortable Conversation” on “Children: Public Good or Individual Responsibility?,” November 19-20, 1999, Cornell Law School

“Toward a Formative Project of Securing Freedom and Equality,” presented at Cornell Law Review Symposium, October 22-23, 1999, Cornell Law School

“Some Thoughts About Facts, Sex/Gender Equality, and Constitutional Theory,” presented at Feminism and Legal Theory Summer Workshop, “Discrimination and Inequality,” June 17-19, 1999, Cornell Law School

“Some Questions for Civil Society-Revivalists,” presented at Faculty Workshop Series, April 15, 1999, Fordham University School of Law

Organizer, “From Gladiators to Problem Solvers: Shaping Lawyers’ Roles to Meet the Needs of the 21st Century,” March 3, 1999, Association of the Bar of the City of New York

“Some Questions for Civil Society-Revivalists,” presented at Communitarian Summit 1999, sponsored by the Communitarian Network and the Association for Practical and Professional Ethics, February 27-28, 1999, Crystal City, Virginia

“Some Thoughts About Facts, Sex/Gender Equality, and Constitutional Theory,” presented at Discussion Group on Constitutional Law, December 5-6, 1998, Georgetown University Law Center

“Reconstructing the Roots of Liberal Privacy,” presented at Conference on “Reconstructing Liberalism,” April 3-4, 1998, William & Mary School of Law

“Constructions of Female Agency in Romance, Sociobiology, and Feminist Legal Theory,” presented at Working Group on Law, Culture and the Humanities, March 27-29, 1998, Georgetown University Law Center

“Some Questions for Civil Society-Revivalists,” presented at Biennial Discussion Group on Constitutional Law, December 6-7, 1997, Georgetown University Law Center

“Legal Transcendentalism, Overlapping Consensus, and Same-Sex Marriage,” presented at “The Relevance of Religion to a Lawyer's Work: An Interfaith Conference,” June 1-3, 1997, Fordham University School of Law

“Autonomy, Toleration, and Governmental ‘Moralizing’: A Liberal Feminist Account,”presented at the Feminist Legal Theory Workshop, May 2, 1996, University of Chicago Law School

“What Lies Beyond ‘Empty’ Toleration?,” presented at Biennial Discussion Group on Constitutional Law, December 9-10, 1995, Georgetown University Law Center

“‘Irresponsible’ Reproduction,” presented at Feminism and Legal Theory Summer Workshop, “Women, Children, and Poverty,” June 6-10, 1995, Columbia University School of Law

“Constructions of Masculine/Feminine in Romance, Sociobiology, and Legal Theory,” presented at Law and Society Annual Meeting, June 4, 1995, Toronto, Canada

“Agency, Irresponsibility, and Sexuality,” presented at Feminism and Legal Theory Summer Conference, “Direction and Distortion: The Centrality of Sexuality in the Shaping of Feminist Legal Theory,” June 6-8, 1994, Columbia University School of Law

“Inviolability and Privacy: The Castle, The Temple, and The Body,” presented at conference on “The Sacred Body in Law and Literature,” April 2, 1994, sponsored by the Yale Journal of Law & the Humanities

“Rights and Irresponsibility,” presented at University of Virginia School of Law Legal Studies Workshop, December 3, 1993

“Rights and Irresponsibility,” delivered as 1993-94 Duke Law Journal Lecture, November 4, 1993, Duke University School of Law

“Equality, Oppression, and Abortion,” presented at Feminism and Legal Theory Workshop, “Revisiting Equality,” April 2-3, 1993, Columbia University School of Law

“Explicating Circumstances: Romance and Representation,” presented at Feminism and Legal Theory Summer Conference, “Women and Representation,” June 7-12, 1992, Columbia University School of Law

“The Poverty of Privacy?,” presented at Feminism and Legal Theory Workshop, “Reproductive Issues in a Post-Roe World,” November 15-16, 1991, Columbia University School of Law