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THE UNIVERSITY OF BALTIMORE LAW FORUM A PUBLICATION OF THE UNIVERSITY OF BALTIMORE SCHOOL OF LAW FEMINIST LEGAL THEORY & FEMINISMS CONFERENCE MARCH 2008 Foreword Traversing 2ND and 3RD Waves: Feminist Legal Theory Moving Forward Barbara Ann White i Keynote Address Gloria Steinem Keynote Address Gloria Steinem xxi ARTICLES Welfare, Privacy, and Feminism Michele Estrin Gilman 1 Is What We Want What We Need, and Can We Get It in Writing? The Third-Wave of Feminism Hits the Beach of Modern Parentage Presumptions Justice Carol A. Beier & Larkin E. Walsh 26 Here Comes the Judge! Gender Distortion on TV Reality Court Shows Taunya Lovell Banks 38 Lifting the Floor: Sex, Class, and Education Naomi Cahn and June Carbone 57 Copyright Law and Pornography: Reconsidering Incentives to Create and Distribute Pornography Ann Bartow 75 RECENT DEVELOPMENTS Christian v. State Jason Heller 87 Clancy v. King Joseph Maher 90 Comptroller of the Treasury v. SAIC Elizabeth Cowan 93 Hand v. Mfrs. & Traders Trust Co. David Coppersmith 96 Janice M. v. Margaret K. Angela Ablorh-Odjidja 99 John Deere v. Reliable Tractor Michael Beste 103 Maldonado v. Am. Airlines Stephen Cornelius 107 Price v. State Alison Karch 111 State v. Baby Katlyn Hood 114 State v. Coates Neal Desai 117 United States v. Chacon Chris Tully 120 VOLUME THIRTY-NINE Fall 2008 NUMBER ONE UNIVERSITY OF BALTIMORE LAW FORUM VOLUME 39.1 Fall 2008 NUMBER ONE EDITORIAL BOARD Editor-in-Chief George A. Perry Managing Editor Dorothy Hae Eun Min Articles Editor R.D. Editor Lydia Hu Teresa Marino Assistant Articles Editor Assistant R.D. Editor Shantay Clarke Craig Bannon Production Editor Business Editor Manuscripts Editor Robert Braun Kathy McGinley Matthew Hartman ASSOCIATE EDITORS Patricia Calomeris Michael Gillman Sarah Hale Sarah Jacobs David Jimenez Oyinade Koya Paul Lamari Alison Luzuriaga Mark Talty STAFF Angela Ablorh-Odjidja Megan Ellenson N. Tucker Meneely Katrine Bakhtiary Adrianne Glasgow Robert Miller Michael Beste Melissa Goldmeier George Mowell Christie Church Joseph Heckwolf Stephen Mutschall David Coppersmith Jason Heller Elizabeth Pepinsky Stephen Cornelius Andrew Hepworth Christopher Saabye Elizabeth Cowan Katlyn Hood Eric Scherr Erin Day Alison Karch Chad Shue Terry Decker Christian Kintigh Cailin Talbert Neal Desai Andrew Linberg Jamaal Thomas Melinda Dunmire Joseph Maher John Tramazzo Joshua Fisher Christopher Martini Chris Tully ______________ FACULTY ADVISOR Barbara Ann White Professor of Law University of Baltimore School of Law, 1415 Maryland Avenue, Baltimore, Maryland 21201. (410) 837-4493. Opinions published herein are those of the authors and not necessarily those of the University of Baltimore Law Forum, its editors or staff, or the University of Baltimore School of Law. © 2008, University of Baltimore. Cite this issue as 39 U. Balt. L.F. _ (2008). LETTER FROM THE EDITOR-IN-CHIEF To the Law Forum Legal Community: The University of Baltimore Law Forum’s Volume 39 editorial board presents our first issue of the 2008-2009 academic year. The Law Forum aims to serve two purposes: 1) to provide thought provoking articles that spark dialog within the legal community; and 2) to provide recent development pieces that explore relevant, and timely, legal issues. With this in mind, the current volume is a reflection of the Law Forum staff’s hard work and interest in providing a meaningful contribution to the legal community. The current issue is part one of our two-part Feminist Legal Theory & Feminisms volume. The articles grew out of the School of Law’s March 2008 Conference on Feminist Legal Theory & Feminisms. The Conference consisted of four panel discussions, where leading minds in feminist legal theory presented their articles and research. The day culminated with Gloria Steinem’s keynote address. The Law Forum agreed to publish ten articles, which cover a range of issues affecting second and third-wave feminists. This issue presents five of those ten articles. The recent development pieces examine eleven of this past year’s most interesting and controversial cases decided by the Court of Appeals of Maryland and the United States Court of Appeals for the Fourth Circuit. These pieces cover the legal gamut, including cases that address de facto parentage, redefining common-law rape, permissible self-dealing in a limited partnership, and the effect of subsequent legislation on open-ended contracts. Finally, I would like to thank the Law Forum’s 2008-2009 editorial board and staff for their time and dedication. Additionally, I wish to thank Shannon Beamer, Levi Zaslow, and the rest of the 2007- 2008 editorial board for offering to publish the Conference’s articles and providing the current staff with a smooth transition. Finally, the Law Forum thanks its subscribers for their continued support and suggestions. Sincerely, George A. Perry Editor-in-Chief Member, National Conference of Law Reviews UNIVERSITY OF BALTIMORE LAW FORUM VOLUME 39.1 Fall 2008 NUMBER ONE Foreword Traversing 2ND and 3RD Waves: Feminist Legal Theory Moving Forward Barbara Ann White i Keynote Address Gloria Steinem Keynote Address Gloria Steinem xxi ARTICLES Welfare, Privacy, and Feminism Michele Estrin Gilman 1 Is What We Want What We Need, and Can We Get It in Writing? The Third-Wave of Feminism Hits the Beach of Modern Parentage Presumptions Justice Carol A. Beier & Larkin E. Walsh 26 Here Comes the Judge! Gender Distortion on TV Reality Court Shows Taunya Lovell Banks 38 Lifting the Floor: Sex, Class, and Education Naomi Cahn and June Carbone 57 Copyright Law and Pornography: Reconsidering Incentives to Create and Distribute Pornography Ann Bartow 75 RECENT DEVELOPMENTS Christian v. State Jason Heller 87 Clancy v. King Joseph Maher 90 Comptroller of the Treasury v. SAIC Elizabeth Cowan 93 Hand v. Mfrs. & Traders Trust Co. David Coppersmith 96 Janice M. v. Margaret K. Angela Ablorh-Odjidja 99 John Deere v. Reliable Tractor Michael Beste 103 Maldonado v. Am. Airlines Stephen Cornelius 107 Price v. State Alison Karch 111 State v. Baby Katlyn Hood 114 State v. Coates Neal Desai 117 United States v. Chacon Chris Tully 120 FOREWORD TRAVERSING 2ND AND 3RD WAVES: FEMINIST LEGAL THEORY MOVING FORWARD Barbara Ann White* The difference between 2nd and 3rd wave is experiential — not chronological – Gloria Steinem1 As a 3rd wave feminist asking you, a 2nd wave feminist . where should we go from here? . what do you want us to accomplish? Query to Steinem by young woman during Q & A. I just want you to go . It’s up to you [what you want to accomplish . .] – Ms. Steinem’s response.2 hen I was first asked by my colleagues to join the organizing Wcommittee for the Conference on Feminist Legal Theory & Feminisms here at the University of Baltimore School of Law, I did so reluctantly. As a law & economics scholar, I had published a couple of articles on the potential synergy between my field and feminist analysis for setting general social policy. “Once ‘feminist’ appears in an article, I am forever branded a feminist scholar” I thought — with some resentment towards the sexist opportunism to dismiss my work that implied. My pieces weren’t even addressing “women’s issues,” I railed silently. Adapting feminism’s analytic techniques to resolve law & economics’ failed efforts at ethical decision-making did not a feminist make! Fifteen years of scholarship in law & economics, antitrust, and international economic globalization were swept away with the flick of one word. Little did I know then, that I was cresting on feminism’s 3rd wave. Furthermore, I thought feminism, as a field, was finished. Though I was singularly impressed with the power of the analytic techniques * Professor of Law, University of Baltimore School of Law. The author thanks Leigh Goodmark and Margaret Johnson for organizing this inspiring conference, Shannon Beamer and Levi Zaslow, former Editor-in-Chief and Managing Editor of the Law Forum, and especially George Perry and Hae Min, their successors, for working tirelessly to publish ten outstanding papers from this conference. Thanks go to Gloria Steinem, who, after forty years of advancing the feminist movement with grace and style, still commands a standing ovation from a diverse audience in excess of 700. Finally, thanks go to Robert Baum and as always, Irene Rosenberg, for their constant encouragement. 1 Gloria Steinem, Keynote Address, CONFERENCE ON FEMINIST LEGAL THEORY & FEMINISMS, March 7, 2008, http://law.ubalt.edu/template.cfm?page=928. 2 Id. i ii University of Baltimore Law Forum [Vol. 39.1 feminist theorists developed to expose the peculiar brand of discrimination that women faced, I felt by the mid-90s the job was largely done. There were still practical cases of glass ceilings to break, parity of treatment in multiple spheres of life yet to address, to be sure, but as a theoretical framework, the work reached its completion. And it was impressive! Feminist legal theory found its way into many fields — often without its name even being used. However, many feminist theorists themselves seemed no longer to emphasize that aspect of their scholarship. “Feminism Is Dead . Long Live Feminism!” a title of an essay I once had in the back of my mind to write some day, with the opening sentence being “I write to praise Feminism . not to bury it” with the intent to point out how its principles had been now incorporated into so many areas of law that as a field itself — it had all but disappeared. Boy! (or rather . Grrrl!) . was I wrong. I hadn’t been paying attention! And it took being involved in the organizing of this conference, following the lead of my (junior) colleagues, having the good fortune to serve as liaison between this journal, the Law Forum, and the presenters causing me to be in direct and regular contact with the authors before the event and then finally, sitting through a truly up- lifting conference, capped by a presentation by Gloria Steinem herself, to realize how truly wrong I was.
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