Further (Ms.) Understanding Legal Realism: Rescuing Judge Anna Moscowitz Kross
7 Pages Posted: 8 Jul 2011 Last revised: 23 Jul 2011
Date Written: 2009
This essay responds to Understanding Legal Realism, 87 TEX. LAW REV. 731 (2009), written by my colleague Brian Tamanaha. It joins Tamanaha in his efforts to rethink the, "what," and, "who," of the Legal Realist movement to offer a broader conception of Realism. It argues, however, that his revisioning does not go far enough. Like most other accounts of Legal Realism, it fails to account for the work of women in law. Thus this essay begins a project of seeking to recover the lost contributions of women, including those who served in the community trenches and on the trial court benches in this country, who contributed to the Realist enterprise. In this essay I focus on Judge Anna Moscowitz Kross, one of many women, trained lawyers and others, who I argue was part of a Feminist Legal Realist movement. This essay serves as the first part of a long-term book project currently entitled, FEMINIST LEGAL REALISM? REALISTIC WOMEN ON THE BENCHES, IN THE TRENCHES, AND BEYOND.
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