Professor Clare McGlynn
Clare McGlynn is a feminist legal scholar with particular expertise in the fields of rape law and policy, the legal regulation of pornography and the status of women in the legal profession. Following qualification as a solicitor with City firm Herbert Smith, she took up a lectureship in law at the University of Newcastle upon Tyne, before moving to a Readership at Durham University in 1999 and being appointed to a Chair in Law in 2004. She co-founded the research group Gender & Law at Durham (GLAD) in 2007 which acts as a catalyst for gender-related research and teaching, and from 2007-2009 she was Deputy Head of the Law School. She is currently Deputy Head of the Faculty of Social Sciences and Health (Research) with specific responsibility for research strategy and the Research Excellence Framework (REF).
In research funded by a Leverhulme Research Fellowship, Clare has developed liberal justifications for the regulation of some forms of pornography. This builds on her earlier work focussing on the criminalisation of extreme pornography which has helped to shape and inform public debate. In 2007 she co-organised a seminar on extreme pornography which was reported in The Times and Times Higher Education and Clare was interviewed on Radio 4's Woman's Hour. Her work has also been debated in the Scottish Parliament, the Guardian and the 2010 Home Office review of the Sexualisation of Young People.
Clare is also an expert in the development of rape law and policy, most recently investigating the use of restorative justice in cases of sexual violence. Her earlier work focused on feminist activism and strategy, particularly around the use of sexual history evidence in rape trials, the granting of anonymity to rape defendants and the definition of torture in human rights law. A few years ago, she organised a British Academy funded conference Rethinking Rape Law which included presentations by Prof Catharine MacKinnon and Navanethem Pillay, UN High Commissioner for Human Rights and which resulted in a collection of essays, Rethinking Rape Law: international and comparative perspectives. Clare is a regular commentator in the national media on matters relating to rape law, such as sentencing reform and controversial cases involving false allegations of rape and false retractions
Clare also co-led the pioneering ESRC funded Feminist Judgments Project which put 'theory into practice' by writing the 'missing' feminist judgments in key cases. The judgments, published in Feminist Judgments: from theory to practice, powerfully demonstrate how cases could and should have been decided differently. Clare's feminist judgment challenges the House of Lords decision R v A (No 2) which reduced protections for women giving evidence in rape trials and is extracted in The Guardian. The Feminist Judgments Project has garnered considerable public attention, being widely debated in the media and extensively reviewed, including in the Times Higher Education. The Project was cited by Supreme Court Justice Lady Hale in her evidence to the House of Lords Constitution Committee in its inquiry into the Judicial Appointment Process. The Project has inspired the creation of the Australian Feminist Judgments Project and an Irish Feminist Judgments Project. This work builds on Clare's earlier research into the status of women in the legal profession, particularly her 1998 book The Woman Lawyer: making the difference which provides a valuable benchmark for current diversity debates. She is an executive committee member of the Equal Justices Initiative.
- Rape law and policy
- Rape, Torture and Human Rights
- Restorative Justice and Sexual Violence
- Feminist Judgments and women in the legal profession
- Legal Regulation of Pornography
- 2011: Reforming Pornography Law : liberal justifications (£36801.00 from The Leverhulme Trust)
- 2010: Regulating Extreme Pornography (Society of Legal Scholars: £400)
- 2009: Feminist Judgments Project (with Hunter and Rackley) (ESRC: £69,000)
- 2008: Feminist Judgements - The First Steps (£500.00 from Social and Legal Studies)
- 2008: RETHINKING RAPE LAW (£4472.00 from The British Academy)
- 2008: Rethinking Rape Law Conference (£830.00 from The Society of Legal Scholars)
- 2008: Rethinking Rape Law conference (Government Office for the North East, £1000)
- 2007: POSITIONS ON THE POLITICS OF PORN (£1097.50 from SOCIO-LEGAL STUDIES ASSOCIATION)
- 2007: POSITIONS ON THE POLITICS OF PORN (£1138.00 from Social and Legal Studies)
- 2003: EUROPEAN FAMILY VALUES (£9865.00 from Arts & Humanities Research Board)
- McGlynn, C (1998). Why are only 14% of law professors women?. Times Higher Educational Supplement
- McGlynn, C (2009). Is big brother in the bedroom? No. The Scotsman (Sunday 18 January 2009 ).
- McGlynn, C & Rubens, T (1998). Some way to go before we find equality. The Times
- McGlynn, C (1997). The time is ripe for parental leave. The Times
- McGlynn, C (1997). Where men still rule. The Times
- McGlynn, C. M. S. (2006). Families and the European Union: law, politics and pluralism. Cambridge: Cambridge University Press.
- McGlynn, C.M.S. (1998). The Woman Lawyer - making the difference. London: Butterworths.
- Hunter, Rosemary. McGlynn, Clare. & Rackley, Erika. (2010). Feminist Judgments: From Theory to Practice. Oxford: Hart Publishing.
- McGlynn, Clare. and & Munro, Vanessa. (2010). Rethinking Rape Law: international and comparative perspectives. London: Routledge.
- McGlynn, C. (1998). Legal Feminisms: theory and practice. Ashgate.
- McGlynn, C (2010). Feminist activism and rape law reform in England and Wales: a Sisyphean struggle?. In Rethinking Rape Law: international and comparative perspectives. McGlynn, Clare & Munro, Vanessa London: Routledge. 139-153.
- Hunter, Rosemary., McGlynn, Clare., & Rackley, Erika. (2010). Feminist Judgments: An Introduction. In Feminist Judgments: From Theory to Practice. Hunter, Rosemary., McGlynn, Clare., & Rackley, Erika. Oxford: Hart Publishing. 3-29.
- McGlynn, C (2010). Marginalizing feminism: debating extreme pornography laws in public and policy discourse. In Everyday Pornography. Boyle, Karen London: Routledge. 190-202.
- McGlynn, C (2010). R v A (no 2): a feminist judgment. In Feminist Judgments: from theory to practice. Hunter, R., McGlynn, C. & Rackley, E. Oxford: Hart. 211-227.
- McGlynn, C.M.S. (2005). Reconciling Work and Family: the EU Agenda. In (Re)Producing Work: Labour Law and the Work/Family Divide. Conaghan J & Rittich Oxford University Press.
- McGlynn, C.M.S. (2003). Challenging the European Harmonisation of Family Law: perspectives on 'the family'. In Perspectives for the Unification and Harmonisation of Family in Europe. Boeli-Woelki K Antwerp: Intersentia. 219-238.
- McGlynn, C.M.S. (2002). Strategies for Reforming the English Solicitors' profession: An Analysis of the Business Case for Sex Equality. In Women in the World's Legal Professions. Schultz U & Shaw G Hart.
Journal papers: academic
- McGlynn, Clare, Westmarland, Nicole & Godden, Nikki (2012). "I just wanted him to hear me": sexual violence and the possibilities of restorative justice. Journal of Law and Society 39(2): 213-240.
- McGlynn, Clare (2012). John Stuart Mill on Prostitution: Radical Sentiments, Liberal Proscriptions. Nineteenth-Century Gender Studies 8(2).
- McGlynn, C (2011). Feminism, Rape and the Search for Justice. Oxford Journal of Legal Studies 31(4): 825-842.
- McGlynn, C (2011). Rape, Defendant Anonymity and Human Rights: adopting a "wider perspective". Criminal Law Review (3): 199-215.
- McGlynn, Clare. & Rackley, Erika. (2009). Criminalising Extreme Pornography: A Lost Opportunity. Criminal Law Review (4): 245-260.
- McGlynn, Clare., Rackley, Erika. & Ward, Ian. (2009). Judging Destricted. King’s Law Journal 20(1): 53-67.
- McGlynn, Clare. & Ward, Ian. (2009). Pornography, Pragmatism and Proscription. Journal of Law and Society 36(3): 327-351.
- McGlynn, Clare. (2009). Rape, Torture and the European Convention on Human Rights. International and Comparative Law Quarterly 58(3): 565-595.
- McGlynn, Clare. (2008). Rape as “Torture”? Catharine MacKinnon and Questions of Feminist Strategy. Feminist Legal Studies 16(1): 71-85.
- McGlynn, Clare. & Rackley, Erika. (2007). Striking a Balance: Arguments for the Criminal Regulation of Extreme Pornography. Criminal Law Review 677-690.
- McGlynn, C. M. S. (2006). Families, Partnerships and Law Reform in the European Union: balancing disciplinarity and liberalisation. Modern Law Review 69(1): 92-107.
- McGlynn, C.M.S. (2002). Rights for Children: the potential impact of the European Union Charter of Fundamental Rights. European Public Law 8(3): 387-400.
- McGlynn, C. M. S. (2001). Families and the European Charter of Fundamental Rights: Progressive Change or Entrenching the Status Quo?. European Law Review 26(6): 582-598.
- McGlynn, C. M. S. (2001). Reclaiming a Feminist Vision: The Reconciliation of Paid Work and Family Life in European Union Law and Policy. Columbia Journal of European Law 7(2): 241-272.
- McGlynn, C.M.S. (2001). The Europeanisation of Family Law. Child and Family Law Quarterly 13(1): 35-49.
- McGlynn, C.M.S. (2000). Ideologies of Motherhood in European Community Sex Equality Law. European Law Journal 6: 29-44.
- McGlynn, C.M.S. (2000). The Business of Equality in the Solicitors' Profession. Modern Law Review 63: 442-456.
- McGlynn, C.M.S. (1999). Women, Representation and the Legal Academy. Legal Studies 19: 68-92.
Journal papers: professional
- Clare McGlynn. & Erika Rackley. (2007). The Politics of Porn . New Law Journal 1142-1143.
Other publications: research
- McGlynn, C, Rackley, E & Westmarland, N (2007). Positions on the Politics of Porn: a debate on Government plans to criminalise the possession of extreme pornography. Durham: Durham University.