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Converging Trajectories: Interest Convergence, Justice Kennedy, and Jeannie Suk's 'The Trajectory of Trauma'

Columbia Law Review Sidebar, Vol. 110, p. 63, October 2010

University of Tennessee Legal Studies Research Paper No. 127

10 Pages Posted: 21 Oct 2010 Last revised: 29 Nov 2010

Jennifer S. Hendricks

University of Colorado Law School

Date Written: October 13, 2010

Abstract

This essay responds to Jeannie Suk's recent article in the Columbia Law Review, The Trajectory of Trauma: Bodies and Minds of Abortion Discourse. Suk argues that feminists are responsible for legitimizing a paternalistic attitude towards women that came home to roost in Gonzales v. Carhart. This essay argues that Suk's critique of feminist paternalism needs to be supplemented with a discussion of traditional paternalism and its influence on how feminist advocacy enters the law. In particular, it suggests that Derrick Bell's theory of interest convergence provides a useful framework for understanding the cultural, legal, and rhetorical evidence adduced by Suk. This broader framework highlights additional pieces of the puzzle that should be taken into account before we pass judgment on feminist paternalism.

Keywords: abortion, Gonzales v. Carhart, feminist theory, paternalism, Supreme Court

Suggested Citation

Hendricks, Jennifer S., Converging Trajectories: Interest Convergence, Justice Kennedy, and Jeannie Suk's 'The Trajectory of Trauma' (October 13, 2010). Columbia Law Review Sidebar, Vol. 110, p. 63, October 2010; University of Tennessee Legal Studies Research Paper No. 127. Available at SSRN: https://ssrn.com/abstract=1695017

Jennifer S. Hendricks (Contact Author)

University of Colorado Law School ( email )

401 UCB
Boulder, CO 80309
United States
303-735-5453 (Phone)

HOME PAGE: http://lawweb.colorado.edu/profiles/profile.jsp?id=486

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