Feminist Theory and Legal Practice: A Case Study on Unemployment Compensation and the Male Norm

Abstract

Drawing on the example of an unemployment compensation hearing handled in a law school clinic, I argue that a familiarity with feminist legal theory’s insights concerning the gendered effects of our legal institutions can help a legal practitioner recognize the potential for new legal arguments. The hearing challenged a policy that limited benefits to individuals seeking full-time work, a policy encompassing a “male norm” in a public benefits program originally targeted at workers complying with a “male” vision of the ideal worker.

Keywords: unemployment insurance compensation, feminist legal theory, theory-practice, gender, male norm, public benefits