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A bold and original analysis of how the complexity of legal struggles over transgender rights is shaped not only by politics but by a deeper cultural anxiety about the meaning of sex itself.

Beyond Recognition: Transgender Antidiscrimination Law, Rhetoric, and Ethical Responsibility is a timely analysis that challenges the idea of transgender antidiscrimination law as a simple matter of inclusion or exclusion. Far from treating the law as a straightforward recognition project, Laura Jane Collins employs a rhetorically responsive approach that reveals how legal systems both reflect and shape our deepest uncertainties about sex, identity, and justice.

Through close readings of Title VII case law, state-level legislation such as California’s Fair Employment and Housing Act, and legislative debates surrounding bathroom access and trans rights, Collins exposes the deep-seated anxieties driving contemporary legal debates. While courts, policymakers, and advocates struggle to construct legal protections, the very act of defining sex within the law exposes law’s limitations.

Rather than condemning the law’s failures or romanticizing its liberatory potential, Collins calls for a more self-reflective, ethically engaged response. She argues that our demand for legal clarity often conceals a broader discomfort with ambiguity—and that the law’s so-called shortcomings may in fact reflect our own refusal to confront the complexity of sex as a category and system of power.

A vital contribution to scholarship in law and rhetoric, gender studies, and critical legal theory, Beyond Recognition invites a deeper reckoning with both legal frameworks and personal responsibility. It offers a compelling perspective on the evolving landscape of transgender rights and the cultural anxieties that continue to shape it.

How two teenage girls in Minnesota jump-started a revolution in high school athletics

Peggy Brenden, a senior, played tennis. Toni St. Pierre, a junior, was a cross country runner and skier. All these two talented teenagers wanted was a chance to compete on their high school sports teams. But in Minnesota in 1972 the only way on the field with the boys ran through a federal court—so that was where the girls went. Break Point tells the story, for the first time, of how two teenagers took on the unequal system of high school athletics, setting a legal precedent for schools nationwide before the passage of Title IX.

As Peggy’s younger sister, author Sheri Brenden is uniquely positioned to convey the human drama of the case, the stakes, and the consequences for two young women facing the legal machinery of the state, in court and in school. In an account that begins with Peggy painstakingly typing her appeal to the Minnesota Civil Liberties Union and concludes with a long view of what Brenden v. Independent School District 742 set in motion, Sheri Brenden summons the salient details of this landmark case as it makes its way through the courts. Peggy and Toni, coaches, administrators, and experts testify before Judge Miles Lord, whose decision, upheld in a precedent-setting appeal, would change these girls’ lives and open up athletic opportunities for innumerable others.

Grounded in newspaper coverage, court records, and interviews, Brenden’s deeply researched, scrupulously reported book is at heart the story of two talented teenage girls whose pluck and determination—and, often, heartache—led to a victory much greater than any high school championship.

One of Ms. Magazine's Most Anticipated Books of 2023

Carceral liberalism emerges from the confluence of neoliberalism, carcerality, and patriarchy to construct a powerful ruse disguised as freedom. It waves the feminist flag while keeping most women still at the margins. It speaks of a post-race society while one in three Black men remain incarcerated. It sings the praises of capital while the dispossessed remain mired in debt.

Shreerekha Pillai edits essays on carceral liberalism that continue the trajectory of the Combahee River Collective and the many people inspired by its vision of feminist solidarity and radical liberation. Academics, activists, writers, and a formerly incarcerated social worker look at feminist resurgence and resistance within, at the threshold of, and outside state violence; observe and record direct and indirect forms of carcerality sponsored by the state and shaped by state structures, traditions, and actors; and critique carcerality. Acclaimed poets like Honorée Fanonne Jeffers and Solmaz Sharif amplify the volume’s themes in works that bookend each section.

Cutting-edge yet historically grounded, Carceral Liberalism examines an American ideological creation that advances imperialism, anti-blackness, capitalism, and patriarchy.

Contributors: Maria F. Curtis, Joanna Eleftheriou, Autumn Elizabeth and Zarinah Agnew and D Coulombe, Jeremy Eugene, Demita Frazier, Honorée Fanonne Jeffers, Alka Kurian, Cassandra D. Little, Beth Matusoff Merfish, Francisco Argüelles Paz y Puente, Shreerekha Pillai, Marta Romero-Delgado, Ravi Shankar, Solmaz Sharif, Shailza Sharma, Tria Blu Wakpa and Jennifer Musial, Javier Zamora

Examines public discourse from the Progressive Era over the state’s right to regulate women’s bodies and their reproduction

When Justice Oliver Wendell Holmes determined in 1927 that sterilization was a legitimate means of safeguarding the nation’s health, he was asserting the state’s right to regulate the production of the national body. His opinion represented a culmination of arguments about reproduction and immigration that had been circulating for years but that intensified during the Progressive Era. Arguments about reproductive and immigration practices surged to the foreground, and tectonic shifts in the conceptual schemes and practices of reproduction in the United States followed.

Drawing on feminist historiography and genre studies, Corporal Rhetoric: Regulating Reproduction in the Progressive Era explores the rhetoric of medical research, new technologies, and material practices that shifted the idea of childbirth as an act of God or Nature to a medical procedure enacted by male physicians on the bodies of women made passive by both drugs and discourse. Barbara Schneider considers how efficiency, the hallmark of scientific management, was raised to a cardinal virtue by its inclusions in the powerful mediums of presidential speeches, national educational policies, and eugenics discourse to reclassify babies, long regarded as gifts, as either valuable assets or defective products.

Schneider shows how the legal system drew upon medicine, scientific management, and the emerging discipline of sociology to restrict women’s labor in order to preserve reproductive capacity, categorized by Supreme Court opinions as a public good rather than a private capacity. Throughout, she ties the arguments developed during this era to current debates about mothering rhetorics, reproductive rights, immigration, and conceptions of the nation.

By weaving together medical research reports, clinical practices, case studies, legal opinions and legislative acts, and the epistemology of scientific management, Schneider illuminates the network that women such as Margaret Sanger, Jane Addams, Lillian Gilbreth and multiple others negotiated as they sought to give women room to exercise their reproductive capacity. Through her analysis of the machinery of these discourses and the material uptake of their genres in the daily practices of reproductive bodies, Schneider offers a provisional theory of corporal rhetoric that begins to answer the call for a new material theory of the body.

DISTINGUISHED PUBLICATION AWARD FOR THE NATIONAL COMMUNICATION ASSOCIATION'S COMMUNICATION AND LAW DIVISION

The First Amendment: protected by law, threatened by fear in the Roberts Supreme Court.

In Fear and the First Amendment: Controversial Cases of the Roberts Court, Kevin A. Johnson and Craig R. Smith offer a deeply considered examination of the ways fear figures in First Amendment questions. Bringing together literature on theories of fear in rhetorical and philosophical traditions, Johnson and Smith focus on the rulings from the Roberts Court, which form a pivotal era of dramatic precedents. Each chapter analyzes one or more First Amendment cases and a variety of related fears—whether evidentiary or not—that pertain to a given case.

These cases include Morse v. Frederick, which takes up the competing fears of school administrators’ loss of authority and students’ loss of free speech rights. The authors touch on corporate funding of elections in Citizens United v. Federal Elections Commission, from the fear of corporate influence on electoral politics to corporate fears of alienating their consumers by backing political candidates. They explore religious freedom and fears of homosexuality in Christian Legal Society v. Martinez. Similarly, in Snyder v. Phelps, the authors delve further into fears of God, death, emotional distress, failing as a parent, and losing one’s reputation. Next, they investigate parents’ anxieties about violence in video games in Brown v. Entertainment Merchants Association. Finally, Johnson and Smith examine the role of fear in indecent, obscene, and graphic communication in three cases: FCC v. Fox Television Stations, Ashcroft v. American Civil Liberties Union, and United States v. Stevens.

Together these cases reveal fear to be an endemic factor in the rhetoric of First Amendment cases. This fascinating and original work will appeal to current legal practitioners and students of law, rhetoric, philosophy, and the First Amendment.
 

Drawing on the rich resources of The Law Practice of Abraham Lincoln: Complete Documentary Edition, a DVD version of Lincoln's complete legal papers, In Tender Consideration scans the full range of family woes that antebellum Americans took to the law. Deserted wives, destitute widows, jilted brides with illegitimate children, and slandered women brought their cases before the courts, often receiving a surprising degree of sympathy and support.

Through the stories of dozens of individuals who took legal action to obtain a divorce, contest a will, prosecute a rapist, or assert rights to family property, this volume illuminates the legal status of women and children in Illinois and their experiences with the law in action. Contributors document how the courts viewed children and how they responded to inheritance, custody, and other types of cases involving children or their interests. These cases also highlight Lincoln's life in law, placing him more clearly within the context of the legal culture in which he lived and raising intriguing questions about the influence of his legal life on his subsequent political one.

A rhetorical analysis of Justice Ruth Bader Ginsburg’s feminist jurisprudence.

Ruth Bader Ginsburg’s lifelong effort to reshape the language of American law has had profound consequences: she has shifted the rhetorical boundaries of jurisprudence on a wide range of fundamental issues from equal protection to reproductive rights. Beginning in the early 1970s, Ginsburg led a consequential attack on sexist law in the United States. By directly confronting the patriarchal voice of the law, she pointedly challenged an entrenched genre of legal language that silenced the voices and experiences of American women and undermined their status as equal citizens. On the United States Supreme Court, Justice Ginsburg continues to challenge the traditional scripts of legal discourse to insist on a progressive vision of the Constitution and to demand a more inclusive and democratic body of law.

This illuminating work examines Justice Ruth Bader Ginsburg’s contributions in reshaping the rhetoric of the law (specifically through the lens of watershed cases in women’s rights) and describes her rhetorical contributions—beginning with her work in the 1970s as a lawyer and an advocate for the ACLU’s Women’s Rights Project through her tenure as a Supreme Court justice. Katie L. Gibson examines Ginsburg’s rhetoric to argue that she has dramatically shifted the boundaries of legal language. Gibson draws from rhetorical theory, critical legal theory, and feminist theory to describe the law as a rhetorical genre, arguing that Ginsburg’s jurisprudence can appropriately be understood as a direct challenge to the traditional rhetoric of the law.

Ruth Bader Ginsburg stands as an incredibly important figure in late twentieth- and early twenty-first-century feminism. While a growing number of admirers celebrate Justice Ginsburg’s voice of dissent today, Ginsburg’s rhetorical legacy reveals that she has long articulated a sharp and strategic voice of judicial dissent. This study contributes to a more complete understanding of her feminist legacy by detailing the unique contributions of her legal rhetoric.

Carlson analyzes the situations of several women of varying historical stature, from the insanity trials of Mary Todd Lincoln and Lizzie Borden's trial for the brutal slaying of her father and stepmother, to lesser-known trials involving insanity, infidelity, murder, abortion, and interracial marriage. The insanity trial of Elizabeth Parsons Ware Packard, the wife of a minister, resulted from her attempts to change her own religion, while a jury acquitted Mary Harris for killing her married lover, suggesting that loss of virginity to an adulterous man was justifiable grounds for homicide. The popular conception of abortion as a "woman's crime" came to the fore in the case of Ann Loman (also known as Madame Restell), who performed abortions in New York both before and after it became a crime. Finally, Alice Rhinelander was sued for fraud by her new husband Leonard for "passing" as white, but the jury was more moved by the notion of Alice being betrayed as a woman by her litigious husband than by the supposed defrauding of Leonard as a white male. Alice won the case, but the image of womanhood as in need of sympathy and protection won out as well.

At the heart of these cases, Carlson reveals clearly just how narrow was the line that women had to walk, since the same womanly virtues that were expected of them--passivity, frailty, and purity--could be turned against them at any time. These trials of popular status are especially significant because they reflect the attitudes of the broad audience, indicate which forms of knowledge are easily manipulated, and allow us to analyze how the verdict is argued outside the courtroom in the public and press. With gripping retellings and incisive analysis of these scandalous criminal and civil cases, this book will appeal to historians, rhetoricians, feminist researchers, and anyone who enjoys courtroom drama.