‘Feminist Judgments’ Volume Co-Edited by UToledo Law Professor

December 18, 2020 | News, UToday, Law
By Diana Case

The University of Toledo College of Law Professor Nicole Buonocore Porter co-edited a volume in the “Feminist Judgments” series, which rewrites federal court opinions from a feminist perspective.

Porter partnered with University of Nevada Las Vegas Boyd School of Law colleague Ann McGinley to co-edit “Feminist Judgments: Rewritten Employment Discrimination Opinions” recently published by Cambridge University Press.

UToledo Law Professor Nicole Buonocore Porter partnered with a law colleague to co-edit the recently published ‘Feminist Judgments: Rewritten Employment Discrimination Options.’

The book represents a significant reimagining of employment discrimination law by featuring 15 cases in which a feminist analysis would have altered either the outcome or the courts’ reasoning. The cases explore a range of gender narratives, including the gender pay gap, pregnancy discrimination, harassment and retaliation.

Before each case, a detailed commentary explains how the rewritten opinion differs from the original and how the case would have changed the law.

“Given the Supreme Court’s move to the right, it might seem futile to theorize about a different and more inclusive body of employment discrimination opinions,” said Porter, who was drawn to this project because it combined two areas of academic interest: employment discrimination law and feminist legal theory.

“But our hope is that this book could inspire advocacy that might lead to reform at the federal statutory level, or, and perhaps more likely, it could inspire state legislatures and courts to approach their employment discrimination law from a more inclusive, egalitarian perspective.”

Porter is a leading expert in disability law and employment discrimination. She is the co-author of two casebooks and the co-editor of one treatise. Porter writes about the employment rights of women and individuals with disabilities, concentrating on exploring ways that the law can avoid marginalizing both groups of employees. She also serves on the national executive committee of the prestigious Labor Law Group.

Porter is honored year-after-year for outstanding scholarship. COSELL presented her with the Paul Stephen Miller Memorial Award last month in recognition of outstanding academic and public contributions to labor and employment law scholarship. Earlier this year, she received the college’s Faculty Scholarship Award for her article, “Cumulative Hardship.” In 2018, she won the University’s Outstanding Faculty Research and Scholarship Award, which recognizes exceptional research, scholarship and creativity.

“This new book edited by Professor Porter takes a creative approach to analyzing the law of employment discrimination,” said Geoffrey Rapp, senior associate dean for academic affairs and Harold A. Anderson Professor of Law and Values. “Instead of simply noting the flaws and gendered reasoning in leading employment discrimination cases, the book’s chapters paint a picture of what might have been if the judges writing those opinions had been more tuned in to the law’s imperfections and their own biases.”

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