Janet Halley

Royall Professor of Law

Hauser 424

617-496-0182

Assistant: Teresa Cyr / 617-496-2392

Biography

Janet Halley is the Royall Professor of Law at Harvard Law School. She has a Ph.D. in English Literature from UCLA and a J.D. from Yale Law School. She has taught at Tel Aviv Buckmann School of Law and in the Law Department of the American University in Cairo. She is the author of Split Decisions: How and Why to Take a Break from Feminism (Princeton 2006), and Don’t: A Reader’s Guide to the Military’s Anti-Gay Policy (Duke 1999). With Wendy Brown, she coedited Left Legalism/Left Critique (Duke 2002), and with Andrew Parker she coedited After Sex? New Writing Since Queer Theory (Duke 2011). She is the editor of a collection of essays entitled Critical Directions in Comparative Family Law, 58 American Journal of Comparative Law, and the author of “What is Family Law?: A Genealogy,” published last year in the Yale Journal of Law and the Humanities. Her current book projects are The Family/Market Distinction: A Genealogy and Critique and Rape in Armed Conflict: Assessing the Feminist Vision and its Law. She is co-director of the Trafficking Roundtable and of the Up Against Family Law Exceptionalism Conference, an international collaboration dedicated to studying the role of the family and family law in colonization, decolonization and contemporary globalization. She was recently awarded the Career Achievement Award for Law and the Humanities by the Association for the Study of Law, Culture and the Humanities. She teaches Family Law, Gender and the Family in Transnational Legal Orders, Gender in Postcolonial Legal Orders, Trafficking and Labor Migration, and courses on the intersections of legal theory with social theory.

Areas of Interest

Janet E. Halley, Trading the Megaphone For the Gavel in Title IX Enforcement, 128 Harv. L. Rev. F. 103 (2015).
Categories:
Disciplinary Perspectives & Law
,
Family Law
,
Discrimination & Civil Rights
Sub-Categories:
Gender & Sexuality
,
Feminist Legal Theory
,
Education Law
Type: Article
After Sex? On Writing Since Queer Theory (Janet E. Halley & Andrew Parker eds., Duke Univ. Press 2011).
Categories:
Discrimination & Civil Rights
,
Disciplinary Perspectives & Law
Sub-Categories:
LGBTQ Rights Law
,
Legal Theory & Philosophy
Type: Book
Abstract
Prominent participants in the development of queer theory explore the field in relation to their own intellectual itineraries, reflecting on its accomplishments, limitations, and critical potential.
Janet E. Halley, What is Family Law?: Genealogy Part II, 23 Yale J.L. & Human. 189 (2011).
Categories:
Family Law
,
Legal Profession
Sub-Categories:
Domestic Relations
,
Legal History
Type: Article
Abstract
This Article offers a genealogy of domestic relations law (later renamed family law). It comes in two Parts. Part I is an account of how it emerged as a distinct field in American law in the latter half of the nineteenth century. This Part, Part II, is an account of its successive transformations over the course of the twentieth century. I argue that domestic relations/family law did not always exist; rather, it was invented, and the ideological implications of that act of creation remain embedded in the field today. The central idea which, I argue, recurrently characterizes the field is that the family and its law are the opposites of the market and its law. Born in the middle of the nineteenth century as the notorious status/contract distinction, it has shown amazing powers of resilience, surviving three highly intentional and collectively organized attacks and gathering to itself new ideological and practical implications as the presuppositions about law that permeate legal consciousness have changed and changed again over time.
Janet E. Halley, Split Decisions: How and Why to Take a Break from Feminism (Princeton Univ. Press 2006).
Categories:
Disciplinary Perspectives & Law
,
Discrimination & Civil Rights
Sub-Categories:
Gender & Sexuality
,
Feminist Legal Theory
Type: Book
Abstract
Is it time to take a break from feminism? In this pathbreaking book, Janet Halley reassesses the place of feminism in the law and politics of sexuality.
Janet E. Halley, The Move to Affirmative Consent, 42 Signs 257 (2016).
Categories:
Disciplinary Perspectives & Law
,
Discrimination & Civil Rights
Sub-Categories:
Gender & Sexuality
,
Feminist Legal Theory
Type: Article
Abstract
In “The Move to Affirmative Consent,” I argue that, though affirmative consent has great appeal because of its respect for norms about good sex that we all share, as a rule intended to be enforced in actual punitive processes, whether on campus or in the criminal justice system, it will be vastly overinclusive, deeply repressive, and socially conservative in its enforcement of traditional gender roles. I show how affirmative consent reforms represent a partial victory (and thus also a partial defeat) for dominance feminists ultimately seeking to criminalize subjectively unwanted sexual behavior without respect to the intent or knowledge of the accused; the relationship history of the parties; the racial, cultural, or other social distance between the parties; and the character of the complainant’s memory of the events. I further demonstrate how existing affirmative consent rules will allow decision makers to hold people responsible for serious misconduct based on one or more of three states of mind that have been consistently muddled in the debates so far: the accuser’s subjective consent (described as “positive” if it is rests on her positive desire and as “constrained” if she consents to sexual conduct to avoid something she disfavors) and as “performative” if it rests on an indication of consent through physical or verbal signs. Each of these rules includes some conduct that, almost all feminists agree, deserves sanction and should be deterred, but they are all overinclusive in ways that many feminists would reject. One such way, I demonstrate, is an affirmation of female passivity and male activity in sex—a legal affirmation of, and incentive to reawaken, the gender roles of the gilded age. This current contribution asks feminists to consider carefully how affirmative consent will operate in practice, in the real world, before offering it their support.
Janet E. Halley, After Gender: Tools for Progressives in a Shift from Sexual Domination to the Economic Family, 31 Pace L. Rev. 887 (2011).
Categories:
Disciplinary Perspectives & Law
,
Family Law
,
Discrimination & Civil Rights
Sub-Categories:
Gender & Sexuality
,
Feminist Legal Theory
,
Domestic Relations
Type: Article
Janet E. Halley, Le Genre Critique: Comment (Ne Pas) Genrer Le Droit?, 2011 Jurisprudence: Revue Critique 109 (2011).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Feminist Legal Theory
,
Critical Legal Studies
Type: Article
Janet E. Halley, Split Decisions: How and Why to Take a Break from Feminism, in Feminist Jurisprudence: Cases and Materials (Cynthia Grant Bowman, Laura A. Rosenbury, Deborah Tuerkheimer & Kimberly A. Yuracko eds., 4th ed. 2011).
Categories:
Disciplinary Perspectives & Law
,
Discrimination & Civil Rights
Sub-Categories:
Gender & Sexuality
,
Feminist Legal Theory
Type: Book
Abstract
Is it time to take a break from feminism? In this pathbreaking book, Janet Halley reassesses the place of feminism in the law and politics of sexuality. She argues that sexuality involves deeply contested and clashing realities and interests, and that feminism helps us understand only some of them. To see crucial dimensions of sexuality that feminism does not reveal--the interests of gays and lesbians to be sure, but also those of men, and of constituencies and values beyond the realm of sex and gender--we might need to take a break from feminism. Halley also invites feminism to abandon its uncritical relationship to its own power. Feminists are, in many areas of social and political life, partners in governance. To govern responsibly, even on behalf of women, Halley urges, feminists should try taking a break from their own presuppositions. Halley offers a genealogy of various feminisms and of gay, queer, and trans theories as they split from each other in the United States during the 1980s and 1990s. All these incommensurate theories, she argues, enrich thinking on the left not despite their break from each other but because of it. She concludes by examining legal cases to show how taking a break from feminism can change your very perceptions of what's at stake in a decision and liberate you to decide it anew.
Janet E. Halley, Vergewaltigung in Berlin. Neue Überlegungen zur Kriminalisierung von Vergewaltigung im Kriegsvölkerrecht, 44 Kritische Justiz 196 (2011).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
Laws of Armed Conflict
,
International Humanitarian Law
Type: Article
Abstract
German translation of “Rape in Berlin: Reconsidering the Criminalisation of Rape in the International Law of Armed Conflict.
Janet E. Halley, What is Family Law?: A Genealogy Part I, 23 Yale J.L. & Human. 1 (2011).
Categories:
Family Law
,
Legal Profession
Sub-Categories:
Domestic Relations
,
Legal History
Type: Article
Abstract
What is the place of the family in legal scholarship and teaching, and in deep, implicit ideas about how our legal order is arranged? How did it get to be that way? Published in two separate Parts, this Article tells a story of American family law: how the law of Domestic Relations emerged as a distinct legal topic in late-nineteenth-century legal treatises, and what ideological conditions facilitated its renaming and reconstruction as Family Law in the Family Courts and casebooks of the twentieth century. Almost without exception, throughout this account Domestic Relations/Family Law are what they are by virtue of their categorical distinction from the law of contract and, more broadly, the law of the market. This distinction did not always seem natural: this Article tells how it was invented. The resulting market/family distinction remains a latent but structural element of the legal curriculum and the legal order more generally today. This Article calls that distinction into question and suggests that family law should be restructured to connect it for the first time to domains of law more readily understood to relate directly to the market: economically significant productivity, social security provision, and the fair or unfair distribution of economic resources. My story comes in three time periods, corresponding with Duncan Kennedy's three globalizations of legal thought. The first is the classical era, roughly the last half of the nineteenth century. The second is the era of "the social" - characterized by the sociological jurisprudes' and legal realists' attack on the classical legal order and restructuring of legal taxonomy-spanning roughly the first half of the twentieth century. And the last is the era of conflicting considerations, roughly the last half of the twentieth century.
Janet E. Halley & Kerry Rittich, Critical Directions in Comparative Family Law: Genealogies and Contemporary Studies of Family Law Exceptionalism, 58 Am. J. Comp. L. 753 (2010).
Categories:
Family Law
,
International, Foreign & Comparative Law
Sub-Categories:
Comparative Law
Type: Article
Janet E. Halley, A Tribute from Legal Studies to Eve Kosoksky Sedgwick: Introduction, 33 Harv. J.L. & Gender 309 (2010).
Categories:
Family Law
,
Legal Profession
Sub-Categories:
Biography & Tribute
Type: Article
Janet E. Halley, Behind the Law of Marriage (I): From Status/Contract to the Marriage System, 6 Unbound 1 (2010).
Categories:
Family Law
Sub-Categories:
Domestic Relations
Type: Article
Janet E. Halley, Note sulla Costruczione del Sistema delle Relazioni di Coppia: Un Saggio di Realismo Guiridico, 27 Rivista Critica del Diritto Privato 515 (2009).
Categories:
Disciplinary Perspectives & Law
,
Family Law
,
Discrimination & Civil Rights
Sub-Categories:
LGBTQ Rights Law
,
Critical Legal Studies
Type: Article
Janet E. Halley, Rape at Rome: Feminist Inventions in the Criminalization of Sex-Related Violence in Positive International Criminal Law, 30 Mich. J. Int'l L. 1 (2009).
Categories:
Disciplinary Perspectives & Law
,
International, Foreign & Comparative Law
,
Criminal Law & Procedure
Sub-Categories:
Feminist Legal Theory
,
International Law
Type: Article
Janet E. Halley, My Isaac Royall Legacy, 24 Harv. BlackLetter L.J. 117 (2008).
Categories:
Legal Profession
Sub-Categories:
Legal Education
,
Legal Scholarship
,
Legal History
Type: Article
Janet E. Halley, Rape in Berlin: Reconsidering the Criminalisation of Rape in the International Law of Armed Conflict, 9 Melbourne J. Int'l L. 78 (2008).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Humanitarian Law
,
Laws of Armed Conflict
Type: Article
Janet E. Halley, Rape in Berlin: Reconsidering the Criminalisation of Rape in the International Law of Armed Conflict, 9 Melbourne J. Int'l L. 78 (2008).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
Laws of Armed Conflict
,
International Humanitarian Law
Type: Article
Abstract
The specific criminalisation of sexual violence in war has made immense strides in recent years, as feminists engaged with the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda and the Rome Statute processes have proposed — and often won — a wide range of new legal rules and prosecutorial practices. This essay briefly describes some of these feminist achievements, in particular the reframing of rape and other sexual violations as a freestanding basis for charging serious humanitarian crimes and as the sole predicate act in particular prosecutions; and the demotion of a consent-based defence to charges of rape. The essay then turns to an anonymously published account of one woman’s experiences during the fall of Berlin to the Soviet Army in 1945, published in English as A Woman in Berlin: A Diary. By analysing the Diary’s ideologically saturated reception in Germany and by analysing the text itself, the essay proposes that rape in war is not merely either ignored and condoned or prosecuted and punished, but intrinsically problematically related to our evaluations of the badness of rape and the badness of war. The essay derives from its reading of A Woman in Berlin a war–rape antinomy: the literary achievement of the Diary, the author argues, is that it keeps the badness of war and the badness of rape in mutual suspension; and the pathos of its typical reception is that this antinomy collapses in ways that ratify some of the most problematic ideological investments linking rape to war. The essay concludes by deriving from this literary-critical excursion some hard policy questions for law-makers deciding how to criminalise rape and other sexual violence in International Humanitarian Law and International Criminal Law: what are the costs of ignoring the ideological discourses that surround rape? What are the downsides of ratifying the idea that rape in war is a fate worse than death? Could the special condemnation of rape weaponise it? How should criminal law handle the problematic of consent under coercive circumstances when those circumstances are armed conflict? And how might the new feminist-inspired rules entrench nationalist differentiation and antagonism? It concludes that the intrinsic dilemma-like structure of our answers to these questions cannot be transcended, and that international policy-makers should temper triumphalist excitement about the new feminist-inspired rules in order to take these problematics on board.
Janet E. Halley & Andrew Parker, Introduction: After Sex? On Writing Since Queer Theory, 106 S. Atlantic Q. 421 (2007).
Categories:
Discrimination & Civil Rights
Sub-Categories:
LGBTQ Rights Law
Type: Article
Janet E. Halley, Prabha Kotiswaran, Hila Shamir & Chantal Thomas, From the International to the Local in Feminist Legal Responses to Rape, Prostitution/Sex Work and Sex Trafficking: Four Studies in Contemporary Governance Feminism, 29 Harv. J.L. & Gender 335 (2006).
Categories:
Disciplinary Perspectives & Law
,
International, Foreign & Comparative Law
Sub-Categories:
Feminist Legal Theory
,
International Humanitarian Law
Type: Article
Abstract
This Article is the result of an intense series of text and telephone exchanges among the four of us, taking place from December 2005 to April 2006. Each of us has her own project which forms the basis of her contribution to this conversation. Janet Halley is working on new rules governing wartime sexual violence in international humanitarian law, specifically the place of rape and sexual slavery in the decisions of the International Criminal Tribunal for the Former Yugoslavia (ICTY). Chantal Thomas has published widely on the law of trade;1 one of her papers examines the feminist debate over the 2001 U.N. Trafficking Protocol.2 Hila Shamir and Prabha Kotiswaran have studied emergent national regimes addressing the connection between local prostitution markets and international “sex trafficking” in Holland, Sweden, and Israel (Shamir) and in India (Kotiswaran). Shamir compares legal regimes for governing sex trafficking and the related prostitution industry within national borders; Kotiswaran studies the highly local negotiations between stakeholders in the sex industry in India through ªeld work in Tirupati and Kolkata. Shamir and Koti-swaran take special note of the striking but very different impact of the 2001 Protocol and the United States’ Victims of Trafficking and Violence Protection Act (the VTVPA)3 in Israel and India.
Janet E. Halley, The Politics of Injury: A Review of Robin West's 'Caring for Justice', 1 Unbound 65 (2005).
Categories:
Disciplinary Perspectives & Law
,
Discrimination & Civil Rights
Sub-Categories:
Gender & Sexuality
,
Feminist Legal Theory
Type: Article
Janet E. Halley, Of Time and the Pedagogy of Critical Legal Studies, in Legal Education and the Reproduction of Hierarchy: A Polemic Against the System 185 (Duncan Kennedy ed., 2004).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Critical Legal Studies
,
Legal Education
Type: Book
Janet E. Halley, Sexuality Harassment, in Directions in Sexual Harassment Law 182 (Catherine MacKinnon & Reva Siegel eds., 2004).
Categories:
Discrimination & Civil Rights
Sub-Categories:
Gender & Sexuality
,
LGBTQ Rights Law
Type: Book
Abstract
The Supreme Court has held that same-sex sex harassment may be sex discrimination within the ambit of Title VII. Its opinion in Oncale v. Sundowner Offshore Services tells us that same-sex harassing conduct that meets other criteria in the doctrinal scheme is conclusively sex discrimination when it is motivated by erotic attraction. Thus the Court indicates that same-sex erotic overtures at work can be sex discrimination, and invites lower courts to test for erotic content by inquiring into the sexual orientation of the individual defendant. Where the defendant in a same-sex sex harassment case is not homosexual, the Court tells...
Janet E. Halley, Take a Break from Feminism?, in Gender and Human Rights 57 (Karen Knop ed., 2004).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Feminist Legal Theory
Type: Book
Abstract
As a result of the challenge posed by Gayle Rubin based on the assumption of how feminism should be perceived as a privileged site in terms of sexuality, members of feminist and leftist groups in the United States debated on whether they should come up with practices and theories that deal with such issues as gender, sexuality, and erotic life, issues that are evidently and not entirely feminist. Gay identity politics, transsexual and transgendered identity, and postmodern versions of these issues are among the several other concepts that are concerned with Rubin's notion of ‘the politics of erotic desire’. At least for now, we realize that the assertion of how the left sexual politics can provide such analyses without feminist undertones is not without validity. This chapter looks into several aspects of left sexual politics, specifically liberal feminism.
Janet E. Halley, Gender, Sexuality and Power - Is Feminist Theory Enough? 12 Colum. J. Gender & L. 601 (2003).
Categories:
Disciplinary Perspectives & Law
,
Discrimination & Civil Rights
,
Family Law
Sub-Categories:
Gender & Sexuality
,
Feminist Legal Theory
,
Domestic Relations
,
Reproduction
Type: Article
Abstract
In this dialogue, four authors critically examine how to describe feminism and what it can and cannot do, particularly with regard to sexuality. The authors use the Texas Supreme Court case Twyman v. Twyman, involving divorce, sadomasochistic sex, and a claim of emotional distress, as a focal point to explore how feminism deals with gender, sexuality, and power, and whether it does so sufficiently. The roundtable discussion revolves around Janet Halley's radical suggestion that not only is feminism not enough, but that we should "Take a Break" from it in order to see the issues feminism does not address as well as the effects of a feminist perspective.
Karen Engle, Elizabeth Schneider, Vicki Schultz, Nathaniel Berman, Adrienne Davis & Janet E. Halley, Round Table Discussion: Subversive Legal Moments, 12 Tex. J. Women & L. 197 (2003).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Feminist Legal Theory
Type: Article
Abstract
Symposium: Subversive Legacies: Learning from History/Constucting the Future
Janet E. Halley, Sexuality Harassment, in Left Legalism/Left Critique 80 (Janet E. Halley & Wendy Brown eds., 2002).
Categories:
Discrimination & Civil Rights
Sub-Categories:
Gender & Sexuality
,
LGBTQ Rights Law
Type: Book
Abstract
In the essays collected here Brown and Halley have assembled a powerful response to hegemony of a liberalism that lacks conviction.
Janet E. Halley, In Memoriam: David Charny, 114 Harv. L. Rev. 2232 (2001).
Categories:
Legal Profession
Sub-Categories:
Biography & Tribute
Type: Article
Janet E. Halley, Recognition, Rights, Regulation, Normalization: Rhetorics of Justification in the Same-Sex Marriage Debate, in Legal Recognition of Same-Sex Partnerships A Study of National, European and International Law 97 (Robert Wintemute & Mads Andenaes eds., 2001).
Categories:
Discrimination & Civil Rights
Sub-Categories:
LGBTQ Rights Law
Type: Book
Janet E. Halley, 'Like Race' Arguments, in What's Left of Theory? New Work on the Politics of Literary Theory 40 (Judith Butler, John Guillory & Kendall Thomas, eds. 2000).
Categories:
Disciplinary Perspectives & Law
,
Discrimination & Civil Rights
Sub-Categories:
LGBTQ Rights Law
,
Race & Ethnicity
,
Gender & Sexuality
,
Critical Legal Studies
Type: Book
Janet E. Halley, Culture Constrains, in Is Multiculturalism Bad For Women? 100 (Susan Moller Okin ed., 1999).
Categories:
Disciplinary Perspectives & Law
,
Discrimination & Civil Rights
Sub-Categories:
Gender & Sexuality
,
Feminist Legal Theory
Type: Book
Janet E. Halley, Don't: A Reader's Guide to the Military Anti-Gay Policy (Duke Univ. Press 1999).
Categories:
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
LGBTQ Rights Law
,
Discrimination
,
Military & Veterans Law
Type: Book
Abstract
In Don’t Janet E. Halley explains how the military's new anti-gay policy is fundamentally misdescribed by its common nickname, “Don't Ask/Don't Tell.” This ubiquitous phrase, she points out, implies that it discharges servicemembers not for who they are, but for what they do. It insinuates that, as long as military personnel keep quiet about their homosexual orientation and desist from “homosexual conduct,” no one will try to pry them out of their closets and all will be well.
Janet E. Halley, Gay Rights and Identity Imitation: Issues in the Ethics of Representation, in The Politics of Law 115 (David Kairys ed., 3rd ed. 1998).
Categories:
Discrimination & Civil Rights
Sub-Categories:
LGBTQ Rights Law
Type: Book
Janet E. Halley, Romer v. Hardwick, 68 Colo. L. Rev. 429 (1997).
Categories:
Discrimination & Civil Rights
Sub-Categories:
LGBTQ Rights Law
Type: Article
Janet E. Halley, The Sexual Economist and Legal Regulation of the Sexual Orientations, in Sex, Preference, and Family: Essays on Law and Nature 192 (David M. Estlund & Martha C. Nussbaum eds., 1997).
Categories:
Discrimination & Civil Rights
Sub-Categories:
LGBTQ Rights Law
Type: Book
Abstract
Sex, Preference, and Family brings together seventeen eminent philosophers and legal scholars who offer illuminating and often provocative commentary on sexuality (including sexual behavior, sexual orientation, and the role of pornography in shaping sexuality), on the family (including both same-sex and single-parent families), and on the proper role of law in these areas. The essayists are all fiercely independent thinkers and offer intriguing and controversial proposals.
Janet E. Halley, The Status/Conduct Distinction in the 1993 Revisions to Military Anti-Gay Policy: A Legal Archaeology, 3 GLQ: A Journal of Lesbian and Gay Studies. 159 (1996).
Categories:
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
LGBTQ Rights Law
,
Military & Veterans Law
Type: Article
Janet E. Halley, Bowers v. Hardwick in the Renaissance, in Queering the Renaissance 15 (Jonathan Goldberg ed., 1994).
Categories:
Discrimination & Civil Rights
Sub-Categories:
LGBTQ Rights Law
Type: Book
Abstract
Taken together, these essays move beyond limiting notions of identity politics by locating historically forms of same-sex desire that are not organized in terms of modern definitions of homosexual and heterosexual.
Janet E. Halley, Sexual Orientation and the Politics of Biology: A Critique of the Argument from Immutability, 46 Stan. L. Rev. 503 (1994).
Categories:
Discrimination & Civil Rights
Sub-Categories:
LGBTQ Rights Law
Type: Article
Abstract
Three recent scientific reports that purport to show a biological basis for homosexuality have changed the face of pro-gay equal protection litigation by making the argument from immutability more attractive. Professor Janet E. Halley critiques these studies and their reception in legal culture. Because immutability is not a requirement for successful pro-gay litigation, moreover, Professor Halley contends that pro-gay litigators who invoke the argument from immutability do so not only at their option, but at the risk of misrepresenting and dividing the community they hope to represent. She argues that progay legal argument should focus instead on common ground that adequately represents the self-conceptions of both pro-gay essentialists and pro-gay constructivists. And she suggests just such a common ground for more effectively articulating pro-gay equal protection arguments.
Janet E. Halley, Reasoning About Sodomy: Act and Identity in and after Bowers v. Hardwick, 79 Va. L. Rev. 1721 (1993).
Categories:
Discrimination & Civil Rights
Sub-Categories:
LGBTQ Rights Law
Type: Article
Janet E. Halley, The Construction of Homosexuality, in Fear of a Queer Planet: Queer Politics and Social Theory (Michael Warner ed., 1993).
Categories:
Discrimination & Civil Rights
Sub-Categories:
LGBTQ Rights Law
Type: Book
Janet E. Halley, Misreading Sodomy: A Critique of the Classifications of 'Homosexuals' in Federal Equal Protection Law, in Body Guards: The Cultural Politics of Gender Ambiguity (Julia Epstein & Kristina Straub eds., 1991).
Categories:
Discrimination & Civil Rights
Sub-Categories:
LGBTQ Rights Law
Type: Book
Janet E. Halley, Equivocation and the Legal Conflict over Religious Identity in Early Modern England, 3 Yale J.L. & Human. 33 (1991).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Religion & Law
,
Law & Humanities
Type: Article
Abstract
During the trial of the so-called Powder Men--Guy Fawkes and his co-conspirators in the Gunpowder Plot to blow up Parliament with the King, Queen, and heir apparent all in attendance-the King's Attorney General Sir Edward Coke presented into evidence a curious manuscript with two titles. The text's original name was A Treatise of Equivocation, but that had been scratched out and replaced with a new title, A Treatise Against Lying and Fraudulent Dissimulation. It had been discovered in the rooms which one of the conspirators had used in the Inner Temple, and mere possession of this book, Coke clearly thought, spoke loudly of all the defendants' guilt. By delaying the trial long enough to secure this manuscript, Coke ensured that he would be able to continue in a prosecutorial tradition he had established in the trial of the Jesuit Robert Southwell - a tradition of proving treason against English Catholics by representing them as ready equivocators. The Treatise of Equivocation was written to instruct priests sent on a "mission" established by the Society of Jesus, whose aim was to preserve the Catholic Church in the newest heathen territory, England. The Treatise prepared priests to face the perilous questions asked of them by official interrogators, who as enforcers of the Anglican settlement had devised a series of interrogatories widely known as the "bloody questions" because they could force a Catholic priest to elect between the Queen and the Pope. The stakes were high: the penalty for being a priest in England, an act of treason, was death by public torture.
Janet E. Halley, Politics of the Closet: Towards Equal Protection for Gay, Lesbian and Bisexual Identity, 36 UCLA L. Rev. 915 (1989).
Categories:
Discrimination & Civil Rights
Sub-Categories:
LGBTQ Rights Law
Type: Article
Seeking the Woman in Late Medieval and Renaissance Writings: Essays in Feminist Contextual Criticism (Sheila Fisher & Janet E. Halley, eds. 1989).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Feminist Legal Theory
,
Law & Humanities
Type: Book
Janet E. Halley, Textual Intercourse: Anne Donne, John Donne, and the Sexual Poetics of Textual Exchange, in Seeking the Woman in Late Medieval and Renaissance Writings: Essays in Feminist Contextual Criticism 187 (Sheila Fisher & Janet E.Halley, eds. 1989).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Feminist Legal Theory
,
Law & Humanities
Type: Book
Janet E. Halley, Female Autonomy in Milton's Sexual Poetics, in Milton and the Idea of Woman (Julia M. Walker, ed. 1988).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Feminist Legal Theory
,
Law & Humanities
Type: Book
Janet E. Halley, Heresy, Orthodoxy, and the Politics of Religious Discourse: The Case of the English Family of Love, 15 Representations 98 (1986).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Religion & Law
,
Law & Humanities
Type: Article
Janet E. Halley, Censored Discourse: The Politics of Familist Language, in Persons in Groups: Social Behavior as Identity Formation in Medieval and Renaissance Europe (Richard C. Trexler ed., 1985).
Categories:
Family Law
,
Legal Profession
,
International, Foreign & Comparative Law
Sub-Categories:
European Law
,
Legal History
Type: Book
Abstract
Papers of the Sixteenth Annual Conference of the Center for Medieval and Early Renaissance Studies.
Janet E. Halley, Identity and Censored Language: The Case of the Familists, in Persons in Groups: Social Behavior as Identity Formation in Medieval and Renaissance Europe (Richard C. Trexler, ed. 1985).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Law & Humanities
Type: Book
Janet E. Halley, Sir Thomas Browne's The Garden of Cyrus and the Real Character, 15 English Literary Renaissance 100 (1985).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Law & Humanities
Type: Article
Janet E. Halley, Harmonious Sisters, Voice and Verse: Women and Fiction in Milton's Early Verse, in Sisterhood Surveyed: Proceedings of the Mid-Atlantic Women's Studies Association (Anne Dzamba Sessa ed.,1983).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Law & Humanities
Type: Book
Janet E. Halley, Versions of the Self and the Politics of Privacy in Silex Scintillans, 7 George Herbert J. 51 (1983).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Law & Humanities
Type: Article

Current Courses

Course Catalog View

Hauser 424

617-496-0182

Assistant: Teresa Cyr / 617-496-2392