Professor Clare McGlynn
Clare McGlynn is a Professor of Law with particular expertise in the legal regulation of pornography, rape law and gender equality in the legal profession. Having practiced as a solicitor with City firm Herbert Smith Freehills and lectured at the University of Newcastle upon Tyne, she moved to a Readership at Durham University in 1999 and was 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 served as Deputy Head of the Law School. She is currently Deputy Head of the Faculty of Social Sciences and Health (Research) with specific responsibility for diversity & equality, research strategy and policy development, including impact, and the Research Excellence Framework (REF). She is also a member of University Council.
Clare’s research on the legal regulation of extreme pornography has shaped recent public debates, being debated in The Guardian, the Observer, the Independent and on the BBC. Clare has discussed this research on the BBC’s Women’s Hour and Law in Action (see also research briefing). This research (with Rackley) justifies the regulation of some forms of pornography on the basis of its cultural harm and has influenced recent reform campaigns (‘ban Rape Porn’) which led to a change in government policy. Her research is also advancing liberal justifications for pornography regulation and was funded by a Leverhulme Research Fellowship.
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. Her British Academy funded conference Rethinking Rape Law resulted in the publication of Rethinking Rape Law: international and comparative perspectives. Clare is a regular commentator in the national media on matters relating to rape law, including on 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 (Research Briefing here). 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 media attention, including articles in the Law Society Gazette, The Lawyer and the Times Higher Education. The Project was also cited by Supreme Court Justice, Lady Hale, in her oral evidence to the House of Lords Constitution Committee inquiry into the Judicial Appointment Process, as a good illustration of the way that cases might be decided differently. The Project has inspired a number of similar projects overseas, including the Australian Feminist Judgments Project and Irish Feminist Judgments Project, as well as a collection of UKCLE-funded teaching materials. This research builds on Clare's earlier work 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 (Research Briefing here). She is an executive committee member of the Equal Justices Initiative.
- Rape law and policy
- Restorative Justice and Sexual Violence
- Feminist Judgments and women in the legal profession
- Legal Regulation of Pornography
- 2011: Reforming Pornography Law: liberal justifications (2011, Leverhulme Research Fellowship)
- 2011: Reforming Pornography Law: liberal justifications (Leverhulme Research Fellowship)
- 2009: ESRC Feminist Judgments Project (with Hunter and Rackley)
- 2008: RETHINKING RAPE LAW (£4472.00 from The British Academy)
- 2008: THE FEMINIST JUDGMENTS PROJECT (£37480.00 from Esrc)
- 2007: Positions on the Politics of Porn (2007, Socio-Legal Studies Association)
- 2003: European Family Values: law, politics and pluralism (AHRC)
- McGlynn, C. (1998). A law unto themselves?. 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.
- 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.
- McGlynn, C.M.S. (2001). EC Legislation Prohibiting Age Discrimination: Towards a Europe for All Ages? In The Cambridge Yearbook of European Legal Studies. Dashwood A, Spencer J, Ward A & Hillion C Hart. 3: 279-299.
- McGlynn, C.M.S. (2001). Pregnancy Discrimination in EU Law. In Legal Perspectives on Equal Treatment and Non-Discrimination. Numhauser-Henning A Kluwer. 205-215.
- McGlynn, C (1996). EC Sex Equality Law: Towards a Human Rights Foundation. In Sex Equality Law in the European Union. Hervey, T & O’Keeffe, D London: John Wiley. 239-252.
Journal papers: academic
- Ward, Ian & McGlynn, Clare (2015). Women, Law and John Stuart Mill. Women's History Review
- McGlynn, C. & Ward, I. (2014). Would John Stuart Mill have Regulated Pornography?. Journal of Law and Society 41(4): 500-522.
- Rackley, Erika & McGlynn, Clare (2013). Prosecuting the Possession of Extreme Pornography: A Misunderstood and Misused Law. Criminal Law Review (5): 400-405.
- 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). ‘European Union Family Values: Ideologies of ‘Family’ and ‘Motherhood’ in European Union Law’. Social Politics 8: 325-350.
- 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). Pregnancy, Parenthood and the Court of Justice in Abdoulaye. European Law Review 25: 654-662.
- 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.
- McGlynn, C.M.S. (1998). An Exercise in Futility: the practical effects of the social policy opt-out. Northern Ireland Legal Quarterly 49: 60-73.
- McGlynn, C.M.S. (1996). Equality, Maternity and Questions of Pay. European Law Review 21: 327-332.
- McGlynn, C.M.S. (1996). Pregnancy Dismissals and the Webb Litigation. Feminist Legal Studies 4: 229-242.
- McGlynn, C.M.S. (1995). European Works Council: Towards Industrial Democracy? Industrial Law Journal 24: 78-84.
- McGlynn, C.M.S. (1995). Re-writing the Corporate Constitution. Journal of Business Law 858-590.
- McGlynn, C.M.S. (1994). The Constitution of the Company: Mandatory Statutory Provisions v Private Agreements. Company Law 10: 301-307.
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.