Vulnerability theory arises in opposition to neoliberalism, replacing the liberal legal subject with the universally vulnerable individual. It's a new way of analyzing state responsibility and human relationships outside of the constraints of capitalism and hierarchy that better reflects the lived reality of humans today. Join us to learn from a diverse field of scholars who are shaping vulnerability theory in the legal world and beyond!
Vulnerability and the Human Condition Initiative
"If the land is not free and not safe, we are not free and not safe." Listen to Professor Dana Lloyd discuss property and religion, environmental law, and her most recent book, Land Is Kin: Sovereignty, Religious Freedom, and Indigenous Sacred Sites. Available at https://kansaspress.ku.edu/9780700635894/
Listen to Professor Martha Albertson Fineman discuss the concept of collective harm.
What factors influence decision-making in asylum cases based on sexual orientation and gender? Denise Venturi, PhD Candidate at KU Leuven, discusses her research into decision-making in asylum cases based on sexual orientation and gender, interviews with judges and refugees, her experiences as a visiting scholar at the FLT Project, work in the Feminism and Legal Theory Project archives, and more.
Are disability rights and reproductive rights fundamentally opposed to one another? Dhanishka Seneviratne joined the Vulnerability and the Human Condition Initiative and the Feminism and Legal Theory Project at Emory Law from the University of Birmingham to conduct research on “Vulnerability, Relationality, and Disability-Selective Abortions: Re-designing the Responsive State" during the spring 2024 semester.
Philosopher and legal theorist, Dr. Ursula Basset describes how teaching vulnerability theory allows for an approach based on solidarity. She discusses various applications of vulnerability theory in Argentina and her work teaching judges to apply the theory in their interpretations of the law and making policy recommendations.
Dr. Harriet Musoke discusses issues surrounding recent and upcoming legislation in Uganda regarding organ donation and surrogacy. Dr. Musoke is Senior Principal Lecturer at the Law Development Centre and Senior Lecturer at the Islamic University in Uganda. She lectures in family law, human rights, women's rights and health law in particular reproductive and sexual health and rights. Dr. Musoke was Emory Law's first SJD student, graduating in 2008.
Dr. Nyeck discusses their recent publication, Gender, Vulnerability Theory and Public Procurement: Perspectives on Global Reform. They invite listeners to “rethink the story about production, about valuation,” asking “what do we value?" Order the book here: https://www.routledge.com/Gender-Vulnerability-Theory-and-Public-Procurement-Perspectives-on-Global/Nyeck/p/book/9781032442815
VHC Visiting Scholar, Chinwe Mary Joe Maduabum, discusses her research in international intellectual property law (specifically patents) and what vulnerability theory has added to her analysis.
How do values shape contract law and how does contract law shape cultural values? Dr. Timothy Dodsworth of Newcastle University discusses his research into the values of contract law.
"Man can conquer heaven...but where is the state?" Dr. Peter Wang discusses authoritarianism and the important role of critical thinking in turning the public's attention to government action (or inaction). Listen to this interview given by Dr. Peter Wang, Associate Professor of Law at City University of Hong Kong.
Professor Charisa Kiyô Smith of CUNY Law discusses how access to resources impacts family experiences of the state, youth technology and cyber abuse, marijuana law in the context of family law, pod mapping, responding to violence without the police and more.
This interview with Aysel Kucuksu tracks her recently published papers on a vulnerability approach to asylum law and on applying artificial intelligence to the European Court of Human Rights' decision-making process. Aysel can be found on Twitter @aysel_kucuksu. Articles mentioned: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4081945 https://www.tandfonline.com/doi/abs/10.1080/18918131.2022.2078028
Artist Jody Wood discusses her latest piece, Social Pharmacy, an interactive experience that invites participants to share and exchange health remedies. She explores the forces shaping our relationship to health and health institutions, and discusses what is shared and what is private within those relationships.
Professor Andrew Pilliar of Thompson Rivers University discusses how vulnerability theory informs his approach to reforming various systems to provide meaningful access to justice. Read 'Filling the Normative Hole at the Centre of Access to Justice: Toward a Person-Centred Conception' by Andrew Pilliar here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4100809
Professor Marc L. Roark discusses his latest work on resiliency gaps, property as an asset of resilience and more.
Associate Professor Xiaoqian Hu discusses fair housing, the uses of property, and her strategy for creating incremental change.
Dr. Atieno Mboya interviews Corina Heri about her recently published book, Responsive Human Rights: Vulnerability, Ill-treatment and the ECtHR.
Professor Jessica Dixon Weaver discusses the 'elder catch' (a caregiving/work dilemma faced by increasing numbers of adult children), explains the concept of 'resistant assets,' and discusses how the Covid-19 pandemic impacts her research. Articles referenced below. The Perfect Storm: Coronavirus and The Elder Catch (2021). 96 Tul. L. Rev. 59 (2021), SMU Dedman School of Law Legal Studies Research Paper No. 507, Available at SSRN: https://ssrn.com/abstract=3839611 Weaver, Jessica Dixon, Grandma in the White House: Legal Support for Intergenerational Caregiving (January 14, 2013). 43 Seton Hall L. Rev. 1 (2013), SMU Dedman School of Law Legal Studies Research Paper No. 119, Available at SSRN: https://ssrn.com/abstract=2200277
Professor Barbara Bennett Woodhouse discusses her career trajectory, ecogenerism, her hopes for the future of child rights and more in this interview.
VHC postdoc Jennifer Hickey uses vulnerability theory to offer a unique assessment of the systemic issues that impact police misconduct in her recently published article, “From Apples to Orchards: A Vulnerability Approach to Police Misconduct.” In this interview, Hickey reflects on the article — written in the thick of the Black Lives Matter movement — and describes innovative ways of approaching police misconduct.
Jody Wood is an artist and social practitioner who uses art to make dependence visible. Listen to her discuss her inspirations and projects including “Beauty in Transition,” “Choreographing Care,” and “Social Pharmacy.”
Professor Richard Daynard of Northeastern University School of Law discusses taking on the tobacco industry, the importance of emotion to humanity, and dispelling the notion of the rational actor.
This episode of Voices in Vulnerability features a conversation with Professor Hila Keren about her recent piece for the LPE symposium on vulnerability theory organized by Professor Keren, Martha McCluskey, and Ronit Kedar. Listen to Professor Keren discuss emotional resilience and the duty of the law to cultivate positive emotions. Read the piece here: https://lpeproject.org/blog/resilience-drainage-and-the-role-of-private-law/
This interview with Dr. Atieno Mboya Samandari explores her activities in Kenya as a Fulbright scholar. Listen to learn about her research into water access for women and girls, surviving the pandemic, and more.
VHC Postdoctoral Fellow Jennifer Hickey discusses government mistrust, social responsibility, institutional responsiveness, and what it's like to come back to work as the delta variant becomes ubiquitous.
Listen to Deborah Dinner explain how vulnerability theory informs her work as a legal historian.
Listen to Deborah Dinner explain how she uses vulnerability theory in her work as a legal historian.
Jennifer Hickey and Mangala Kanayson discuss their respective career paths, touch on emotional regulation, teaching in higher education, and the importance of emotion in the classroom.
"What is artificial intelligence? How will the automation of the decision-making process impact individuals and communities who have historically experienced disadvantage and marginalisation? Why does the use of artificial intelligence decision-making processes result in what Eugenia Eubanks refers to as the automation of inequality? When is the use of artificial intelligence technology valuable? This podcast examines these questions from the vantage point of Martha Fineman’s vulnerability theory."
Professor Risa L. Lieberwitz speaks about the significance of the book, "Transcending the Boundaries of Law: Generations of Feminism and Legal Theory." Transcending the Boundaries of Law: https://www.routledge.com/Transcending-the-Boundaries-of-Law-Generations-of-Feminism-and-Legal-Theory/Fineman/p/book/9780415481403
"What is the economy? Who is it? It's not an abstract thing out there. It's how people negotiate their daily lives." "How can we re-imagine economic growth and economic well-being? how can we make that something that is real and takes us away from a constant crisis and that gives people hope and faith in community, in democracy, rather than...going into more and more divisiveness? "The vision of vulnerability that MF offers gives us a way to rethink the economy in a way that would bring us together and move us through some of these...incredible challenges that we face today. This interview with Professor Martha T. McCluskey discusses her work and involvement with the Feminism and Legal Theory Project, and her contribution to the collection, "Feminism Confronts Homo Economicus: Gender, Law, and Society." https://www.cornellpress.cornell.edu/book/9780801489419/feminism-confronts-homo-economicus/
This interview with Professor Nancy E. Dowd touches on the impact of "Exploring Masculinities: Feminist Legal Theory Reflections," edited by Martha Albertson Fineman and Michael Thomson. We also discuss the recent shootings in Atlanta, the killing of George Floyd, and the storming of the capitol on January 6. Exploring Masculinities: Feminist Legal Theory Reflections https://www.routledge.com/Exploring-Masculinities-Feminist-Legal-Theory-Reflections/Fineman-Thomson/p/book/9781472415127
Professor Jack Jackson of Whitman College speaks about his involvement with the Feminism and Legal Theory Project over the years. Books mentioned: Feminist and Queer Legal Theory: Intimate Encounters, Uncomfortable Conversations edited by Martha Albertson Fineman, Jack E. Jackson, Adam P. Romero Available at https://www.routledge.com/Feminist-and-Queer-Legal-Theory-Intimate-Encounters-Uncomfortable-Conversations/Fineman-Jackson-Romero/p/book/9780754675525 'Law Without Future: Anti-Constitutional Politics and the American Right' by Jack Jackson Available at https://www.upenn.edu/pennpress/book/15945.html
Listen to an interview with Professor Lua K. Yuille, the very first virtual VHC visiting scholar.
"Labor has the numbers. If they have solidarity then they can make collective demands, but it means seeing our common interest as opposed to believing what's coming in from conservative or reactionary governments..." - Prof. Risa Lieberwitz Listen to part 2 of our interview with Risa Lieberwitz, Professor of Labor and Employment Law in the Cornell University School of Industrial and Labor Relations (ILR).
Professor Risa Lieberwitz talks about academic activism, the corporatization of higher education, and vulnerability theory. Ever struggled finding your stride as an academic activist? Have you wondered what institutional vulnerability looks like? This is the episode for you.
Dr. Atieno Mboya discusses her recent publication, "Empowering Women Through the Law." Her global perspective and wide lens allow us to recognize patterns and connections between changes in the law and social movements. Dr. Mboya's article: https://link.springer.com/referenceworkentry/10.1007%2F978-3-319-70060-1_146-1
Interested in criminal law and vulnerability theory? Ever wanted to join or create a research network? Learn from Dr. Roxanna Dehaghani about the birth and benefits of the new British Society of Criminology Vulnerability Research Network! Dr. Dehaghani's Profile: https://www.cardiff.ac.uk/people/view/924047-dehaghani-roxanna Dr. Dehaghani's SSRN Page: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2612536 Website: https://www.britsoccrim.org/networks/vrn/
Authors Nicole Busby and Grace James discuss their new book, 'A History of Regulating Working Families: Strains, Stereotypes, Strategies and Solutions.' Find their book here: https://www.bloomsbury.com/us/a-history-of-regulating-working-families-9781849465571/
An interview with Dr. S.N. Nyeck regarding her recent publication "Gender Equality in Public Procurement," the first paper to bring vulnerability theory to the study of public procurement. "The government or the state must be responsive and responsible in dealing with the private sector and the public must hold both the state and its contractors accountable." Read the paper here: https://link.springer.com/referenceworkentry/10.1007/978-3-319-31816-5_1598-1
Listen to health law scholar Matthew B. Lawrence discuss how vulnerability theory frames his approach to teaching, research, and analysis. Sources mentioned: https://www.amazon.com/Healthism-Health-Status-Discrimination-Jessica-Roberts/dp/1316613429/ref=nodl_ https://www.hup.harvard.edu/catalog.php?isbn=9780674972162&content=bios https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3389481 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3191031 Workshop: https://web.gs.emory.edu/vulnerability/_includes/documents/workshop-schedules/2019%20Schedule%20_January%202019.pdf
An Interview with Jennifer Hickey, Postdoctoral Fellow about her recent op-ed "Bowling Alone in Georgia."
An interview with Dr. Ellen Gordon-Bouvier of Oxford Brookes University.
Listen to our remote interview about the COVID-19 pandemic with Postdoctoral Fellow, Jennifer Hickey.
This interview with Sasha Volokh, Associate Professor of Law at Emory University and Chair of Emory University's Open Expression Committee, covers the basics of free speech on public/private university campuses and the constitutional right to free speech.
Our interview with Jennifer Hickey touches on birth justice, technology, and the necessity of vulnerability theory.
Our interview with Dr. Mboya explores vulnerability theory and environmentalism at the state level.
Hear Dr. Stu Marvel talk about vulnerability theory and her research in reproductive technology, kinship, and more.
"What is the future of Democracy when governance is done by contracts?" Meet visiting scholar Dr. S.N. Nyeck and learn about her research into public procurement and government outsourcing. You can find her book here: https://www.palgrave.com/us/book/9781137521361.
Martha Fineman on vulnerability theory.