Maxine Eichner

Print This Page (PDF) Reef C. Ivey II Professor of Law

Education

  • Ph.D., University of North Carolina at Chapel Hill (2006)
  • M.A., University of North Carolina at Chapel Hill (1997)
  • J.D., Yale University (1988)
  • B.A. (magna cum laude), Yale University (1984)

UNC Law Faculty Resolution on HB2

On April 7, the faculty of UNC Law School passed the following resolution regarding the provisions of the Public Facilities Privacy and Security Act, otherwise known as HB2, that pertain to the law school's restrooms:

We, faculty members of UNC Law, have considered the issue of the bathrooms in the law school following the passage of HB2.   Two relevant federal agencies have interpreted federal law on the issue of bathrooms.  First, the Equal Employment Opportunity Commission has declared that Title VII’s prohibition on sex discrimination requires that covered employees (including those of public universities) must be permitted to use bathrooms consistent with their gender identity.  Second, the Department of Education has declared that Title IX’s prohibition on sex discrimination requires that students in universities receiving federal financial assistance must be able to use bathrooms consistent with their gender identity.  We believe that these agencies’ interpretations of federal law are correct and that federal law preempts HB2’s dictates on bathrooms in the law school.

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Maxine Eichner, the Reef C. Ivey II Professor of Law, writes on issues at the intersection of law and political theory, focusing particularly on family relationships, social welfare law and policy; feminist theory; sexuality; and the relationship of the family, the workplace, and market forces. Professor Eichner is the author of The Supportive State: Families, Government, and America's Political Ideals (Oxford University Press, 2010). She is also an editor of Family Law: Cases, Text, Problems (eds., Ellman, Kurtz, Weithorn, Bix, Czapanskiy, and Eichner, 2014).  In addition, she has written numerous articles and chapters for law reviews, peer-reviewed journals, and edited volumes on law and political theory.

Professor Eichner is currently involved in several law reform projects.  She was the Reporter for the Uniform Law Commission's Uniform Deployed Parents Custody and Visitation Act, which has now been passed in ten states. She is a member of the American Law Institute and an advisor on the ALI's Restatement of the Law: Children and the Law project.  She is also working to prevent unjust charges of medical child abuse from being filed against parents through the UNC Law Medical Child Abuse Initiative and MitoAction's Medical Child Abuse Task Force.  Her New York Times op ed on this issue can be found here: http://www.nytimes.com/2015/07/12/opinion/sunday/the-new-child-abuse-panic.html?_r=0  She has been recognized for her service work through being named Professor of the Year by the law school's Pro Bono Program, and receiving an Equality Champion Award from Equality North Carolina.

Before joining UNC Law in 2003, Professor Eichner attended Yale College and Yale Law School, where she was an articles editor of the Yale Law Journal. After law school, she held a Women's Law and Public Policy Fellowship through Georgetown Law School, clerked for Judge Louis Oberdorfer in the United States District Court for the District of Columbia, and then clerked for Judge Betty Fletcher in the United States Court of Appeals for the Ninth Circuit. She subsequently practiced civil rights, women's rights, and employment law for several years at the law firm of Patterson, Harkavy, and Lawrence in Raleigh, N.C. She then entered graduate school in the political science department at UNC, eventually earning a Ph.D. in political theory while on the law school's faculty. In the course of her Ph.D. study, she held a fellowship in public affairs at the Miller Center of the University of Virginia.

TO VIEW/DOWNLOAD PDFs OF THE ESSAYS IN THE SPECIAL FEMINIST LEGAL THEORY ISSUE OF STUDIES IN LAW, POLITICS, AND SOCIETY, CLICK THIS LINK:

http://www.law.unc.edu/faculty/directory/eichnermaxine/research.aspx

 

Curriculum Vitae (PDF)

Selected Publications

Show All Publications

  • Introduction (with Clare Huntington), 69 STUDIES IN LAW, POLITICS, AND SOCIETY 1, SPECIAL ISSUE: FEMINIST LEGAL THEORY (Austin Sarat, ed., 2016). [Document Link]
  • Market-Cautious Feminism, 69 STUDIES IN LAW, POLITICS, AND SOCIETY 141, SPECIAL ISSUE: FEMINIST LEGAL THEORY (Austin Sarat, ed., 2016). [Document Link]
  • Review Essay, The Family in Context, 128 HARV. L. REV. 1980 (2015). [Westlaw, Lexis/Nexis, Hein]
  • The Supportive State: Government, Dependency, and Responsibility for Caretaking, in CARE ETHICS AND POLITICAL THEORY (Hamington & Engster eds.) (Oxford Univ. Press 2015). [HM681.E54 2015]
  • The Family and the Market--Redux, 13 THEORETICAL INQ. L. 97 (Rights and Obligations in the Contemporary Family: Retheorizing Individualism, Families and the State Symposium) (2012). [Westlaw, Lexis/Nexis, SSRN, Hein]
  • Families, Human Dignity, and State Support for Caretaking:  Why the United States' Failure to Ameliorate the Work-Family Conflict is a Dereliction of the Government's Basic Responsibilities, 88 N.C. L. REV. 1593 (2010). [Westlaw, Lexis/Nexis, SSRN, Hein]
  • Feminism, Queer Theory, & Sexual Citizenship, in GENDER EQUALITY: DIMENSIONS OF WOMEN'S EQUAL CITIZENSHIP, (with J. Grossman and L. McClain) (Cambridge Press 2009). [SSRN KF478 .G46 2009]
  • Dependency and the Liberal Polity: On Martha Fineman's The Autonomy Myth, 93 CAL. L. REV. 1285 (2005). [Westlaw, Lexis/Nexis, SSRN, Hein, BEPress]
  • On Postmodernist Feminist Legal Theory, 36 HARV. C.R.-C.L. L. REV. 1 (2001). [Westlaw, Lexis/Nexis, SSRN, Hein]
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