Judith Baer
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Judith A. Baer is an American political scientist. She is a professor of political science at Texas A&M University. Her research focuses on
public law Public law is the part of law that governs relations between legal persons and a government, between different institutions within a state, between different branches of governments, as well as relationships between persons that are of direct ...
and
feminist jurisprudence Feminist legal theory, also known as feminist jurisprudence, is based on the belief that the law has been fundamental in women's historical subordination. Feminist jurisprudence the philosophy of law is based on the political, economic, and socia ...
.


Life and career

Baer has been a professor at the University at Albany, SUNY, the California State Polytechnic University, Pomona, and Texas A&M University. In Baer's 1978 book ''The chains of protection: The judicial response to women's labor legislation'', she explored the implications of and political response to the United States Supreme Court's decision in the 1908 case ''
Muller v. Oregon ''Muller v. Oregon'', 208 U.S. 412 (1908), was a landmark decision by the United States Supreme Court. Women were provided by state mandate lesser work-hours than allotted to men. The posed question was whether women's liberty to negotiate a contra ...
'' to limit the working hours of women in a way that had no parallel for men. Baer argues that a law which appeared to provide women with less exploitative working conditions was ironically upheld by the court for the wrong reasons, with the justification that women needed extra protections because of their inherent vulnerabilities rather than because they were put at extra risk by material conditions. Baer studies decades of subsequent legislation pertaining to the equality of women, and analyzes the competing perspectives on whether or not it has been helpful to women's rights to extend legal protections to women that are not extended to men, which is often done with the aim of reducing disparities that have advantaged men. Baer also analyzed the historical legal status of women in the United States in her 1991 book ''Women in American law: The struggle toward equality from the New Deal to the present''. In ''Women in American law'', she studied the legal improvements and setbacks in American women's rights from 1933 through the late 1980s. In 1999, Baer published the book ''Our lives before the law: Constructing a feminist jurisprudence''. This book is an attempt to develop a theory of feminist jurisprudence that would secure both equal rights and equal responsibilities for women and men, in contrast to jurisprudence that secures and supports men's dominance over women. Baer argues that much judicial reasoning which treats men and women differently has focused on differences between men and women that are assumed to be physiological and innate, whereas both the American legal system is both a cause and an effect of men's disproportionate power. Baer suggests a number of approaches to reduce legal gender bias, including shifting notions of personal responsibility away from their disproportionate burden on women and more onto the law and onto men, in order to address legal disparities like burdens of care that affect women's lives. For ''Our lives before the law'', Baer won the
Victoria Schuck Award The Victoria Schuck Award is an annual prize granted by the American Political Science Association to the author of the best book published in the previous year on the topic of women and politics. The award is named in honor of the political scien ...
in 2000 for the best book on women and politics. In 2013, Baer wrote ''Ironic freedom: personal choice, public policy, and the paradox of reform''. In ''Ironic freedom'', Baer examines a series of potential legal ironies largely occasioned by progressive legal advances that may actually produce regressive results; for example, a volunteer-only army may be largely populated by impoverished people who have less actual choice about whether or not to join the military, and the ''
legalization of same-sex marriage Legalization is the process of removing a legal prohibition against something which is currently not legal. Legalization is a process often applied to what are regarded, by those working towards legalization, as victimless crimes, of which one ...
'' may result in people being materially compelled to marry in certain situations. Baer also coauthored the undergraduate textbook ''The constitutional and legal rights of women: cases in law and social change'' with Leslie Goldstein.


Selected works

* ''The chains of protection: The judicial response to women's labor legislation'' (1978) * ''Women in American law: The struggle toward equality from the New Deal to the present'' (1991) * ''Our lives before the law: Constructing a feminist jurisprudence'' (1999) * ''The constitutional and legal rights of women : cases in law and social change'', coauthored with Leslie Goldstein (2006) * ''Ironic freedom: Personal choice, public policy, and the Paradox of Reform'' (2013)


Selected awards

* Victoria Schuck Award (2000)


References

{{DEFAULTSORT:Baer, Judith A. Living people American women political scientists American political scientists 20th-century American women writers 21st-century American women writers University at Albany, SUNY faculty California State Polytechnic University, Pomona faculty Texas A&M University faculty Year of birth missing (living people) American women academics