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Pregnant Men
"An important contribution to the fields of feminist jurisprudence and feminist theory."Â -- Mary Anne Bobinski, University of Houston Law Center Pregnant Men shows how to implement anti-essentialist and equality perspectives in teaching, writing, and the practice of law. Because there are no "pregnant men," equality theory is difficult to formulate in a reproductive health context. Instead, Colker examines cases involving men who are similarly situated to pregnant women -- and shows that pregnant women are, in fact, treated far worse than "almost-pregnant" men. The individual stories she tells are themselves fascinating, and they demonstrate Colker's model of a more practical feminist theory.
Abortion and Dialogue
"The issues she takes on are crucial -- not solely the subject areas of reproductive rights and law, or public policy lenses and judicial impact in women's and children's lives, but also the more difficult and fundamental questions of how these 'hot topics' can be approached so as to make the most of the good will of all and the force of free discussion for social learning.... she brings a strong, evolving and distinctive perspective to the discussion." -- Emily Fowler Hartigan In Abortion and Dialogue, Ruth Colker argues that the state falsely views the woman and the fetus as having conflicting needs when it intervenes in decisions regarding preganancies. Colker's feminist-theological persp...
The Public Insult Playbook
When they go low, we learn: an examination of mudslinging in contemporary American politics—and how the left can find its footing to achieve structural reform in this mess. The rules of the public discourse game have changed, and The Public Insult Playbook argues that the political left needs to account for the power of vitriol in crafting their theories for social and political change. With this book, noted constitutional law expert and disability rights advocate Ruth Colker offers insights into how public insults have come to infect contemporary public discourse—a technique not invented by but certainly refined by Donald Trump—and, importantly, highlights lessons learned and tools fo...
When is Separate Unequal?
This book does not start from the premise that separate is inherently unequal. Writing from an 'anti-subordination perspective', Professor Colker provides a framework for the courts and society to consider what programs or policies are most likely to lead to substantive equality for individuals with disabilities. In some contexts, she argues for more tolerance of disability-specific programs and, in other contexts, she argues for more disability-integrated programs. Her highly practical investigation includes the topics of K-12 education, higher education, employment, voting, and provision of health care. At the end of the book, she applies this perspective to the racial arena, arguing that school districts should be given latitude to implement more use of racial criteria to attain integrated schools because such environments are most likely to help attain substantive equality from an anti-subordination perspective. The book measures the attainment of equality not on the basis of worn-out mantras but instead on the basis of substantive gains.
American Law in the Age of Hypercapitalism
Since the fall of communism, laissez-faire capitalism has experienced renewed popularity. Flush with victory, the United States has embraced a particularly narrow and single-minded definition of capitalism and aggressively exported it worldwide. The defining trait of this brand of capitalism is an unwavering reverence for the icons of the market. Although promoted as a laissez-faire form of capitalism, it actually reflects the very evils of selfishness and greed by entrepreneurs that concerned Adam Smith. Capitalism, however, can thrive without an extreme emphasis on efficiency and personal autonomy. Americans often forget that theirs is a rather peculiar form of capitalism, that other Weste...
The Disability Pendulum
The Disability Pendulum chronicles societal views and court reactions to the evolving ADA.
Disabled Education
Enacted in 1975, the Education for All Handicapped Children Act – now called the Individuals with Disabilities Education Act (IDEA) provides all children with the right to a free and appropriate public education. On the face of it, the IDEA is a shining example of law’s democratizing impulse. But is that really the case? In Disabled Education, Ruth Colker digs deep beneath the IDEA’s surface and reveals that the IDEA contains flaws that were evident at the time of its enactment that limit its effectiveness for poor and minority children. Both an expert in disability law and the mother of a child with a hearing impairment, Colker learned first-hand of the Act’s limitations when she em...
Abortion and Social Responsibility
Shrage argues that Roe v Wade's regulatory scheme of a six-month time span for abortion on demand polarized the public and obscured alternatives with potentially broader support. She explores the origins of that scheme, then defends an alternate one--with a time span shorter than 6 months for non-therapeutic abortions--that could win broad support needed to make legal abortion services available to all women.
