Venable Professor of Law
Associate Dean of Faculty Research & Development
Director, Saul Ewing Civil Advocacy Clinic
Co-Director, Center on Applied Feminism
John and Frances Angelos Law Center, Room 424
Administrative Assistant: Rosalind Williams
John and Frances Angelos Law Center, Room 412
J.D., University of Michigan
B.A., Duke University
Areas of Expertise
Law and Poverty
Feminist Legal Theory
Before joining the faculty, Professor Gilman was a trial attorney in the Civil Rights Division at the Department of Justice; an associate at Arnold and Porter in Washington, D.C.; a law clerk to United States District Court Judge Frank A. Kaufman of the District of Maryland; and an editor of the Michigan Law Review. Professor Gilman's scholarship focuses on issues relating to poverty, privacy, economic inequality, and feminist legal theory and her articles have been published in the California Law Review, the Vanderbilt Law Review and the Washington University Law Review, among others. She was a visiting associate professor at the William and Mary School of Law during the 2005-06 academic year and a professor in the University of Aberdeen summer program in summer 2009. In 2009, she received the Outstanding Teaching by a Full-Time Faculty Member Award.
Professor Gilman directs the Saul Ewing Civil Advocacy Clinic, in which student attorneys represent individuals and community groups in a wide array of civil litigation and law reform projects. She is involved in numerous groups working on behalf of low-income Marylanders. She is a member of the Committee on Litigation and Legal Priorities of the ACLU of Maryland and the Judicial Selection Committee of the Women's Law Center. She is the past president of the board of the Public Justice Center, where she served from 2004-2014, as well as a past member of the Maryland Bar's Section Council on Delivery of Legal Services. She received the 2010 University System of Maryland Board of Regents' Award for Public Service. Professor Gilman is the former co-chair and a member of the Scholarship Committee of the AALS Clinical Legal Education Section, and a former editor of the Clinical Law Review Review and the Journal of Legal Education. She is also a co-director of the Center on Applied Feminism, which works to apply the insights of feminist legal theory to legal practice and policy. She is a member of the Maryland and District of Columbia bars.
Professor Gilman was a faculty fellow at Data & Society in New York during the 2019-2020 academic year. She focused on the intersection of data privacy law with the concerns of low-income communities.
Books and Book Chapters
Feminism, Privacy & Law in Cyberspace, in The Oxford Handbook of Feminism and Law in the United States (Martha Chamallas, Deborah Brake & Verna Williams eds., Oxford U. Press, forthcoming 2021), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3779323
Commentary on Wyman v. James, in Feminist Judgments: Reproductive Justice Rewritten (Kimberly Mutcherson, ed., 2020).
Chapter, The Difference in Being Poor in Red States versus Blue States , in Holes in the Safety Net: Federalism and Poverty (Ezra Rosser, ed., Cambridge U. Press, 2019).
Wyman v. James: Privacy As a Luxury Not for the Poor, in The Poverty Canon (Ezra Rosser & Marie Failinger, eds., Univ. of Michigan Press 2016).
Becoming a Trial Lawyer, with Steven Grossman and Fredric Lederer (Carolina Academic Press 2008).
Articles and Essays
Periods for Profit and the Rise of Menstrual Surveillance, 41 Colum. J. Gender & Law (forthcoming 2021), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3824970
Digital Barriers to Economic Justice in the Wake of COVID-19 (with Mary Madden), Data & Society, April 21, 2021, https://datasociety.net/library/digital-barriers-to-economic-justice-in-the-wake-of-covid-19/
Poverty Lawgorithms: A Poverty Lawyer’s Guide to Fighting Automated Decision-Making Harms on Low-Income Communities, Data & Society (2020), https://datasociety.net/library/poverty-lawgorithms/
Five Privacy Principles (from the GDPR) the United States Should Adopt to Advance Economic Justice, 52 Ariz. State L.J. 368 (2020), https://scholarworks.law.ubalt.edu/all_fac/1109/
The Future of Clinical Legal Scholarship, 26 Clinical L. Rev. 189 (2019), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3489286
The Surveillance Gap: The Harms of Extreme Privacy and Data Marginalization (with Rebecca Green), 42 NYU Review of Law & Social Change 253 (2018).
Privacy, Poverty and Big Data: A Matrix of Vulnerabilities for Poor Americans (with Mary Madden, Karen Levy & Alice Marwick), 95 Wash. U. L. Rev. 53 ( 2017).
En-Gendering Economic Inequality, 32.1 Columbia J. of L. & Gender 1 (2016).
A Court for the One Percent: How the Supreme Court Contributes to Economic Inequality, 2 Utah L. Rev. 389 (2014).
Feminism, Democracy, and the "War on Women, 32 J. L. & Inequality 1 (2014).
The Return of the Welfare Queen, 22 J. Gender, Social Policy, & the Law 247 (2014).
Learning Critical Legal Theory Across the Curriculum: An Innovative Course in Applied Feminism, 20 The Law Teacher 5 (Spring 2014).
The Poverty Defense, 47 Univ. of Richmond L. Rev. 495 (2013).
The Class Differential in Privacy Law, 77 Brooklyn L. Rev. 1389 (2012).
Presidents, Preemption, and the States, 26 Constitutional Commentary 339 (2010).
The President as Scientist-in-Chief 45, Willamette L. Rev. 565 (2009) (symposium).
Welfare, Privacy, and Feminism, 39 U. Balt. Law Forum 1 (2009) (symposium).
Litigating Presidential Signing Statements, 16 Wm. & Mary Bill Rts. J. 131 (2007) (symposium).
Fighting Poverty With Faith: Reflections on Ten Years of Charitable Choice, 10 J. Gender, Race & Justice 395 (2007) (symposium).
If At First You Don't Succeed, Sign an Executive Order: President Bush and the Expansion of Charitable Choice, 15 Wm. & Mary Bill Rts J. 1103 (2007).
Poverty and Communitarianism: Toward a Community Based Welfare System, 66 Pitt. L. Rev. 721 (2005).
Legal Accountability in an Era of Privatized Welfare, 89 Cal. L. Rev. 569 (2001). Extract
Guest, Can AI Fix Your Credit?, MIT Tech Review Podcast, May 12, 2021, https://www.technologyreview.com/2021/05/12/1024837/podcast-can-ai-fix-your-credit-report-score/
Amy Yurkanin, The Tennessee Trap: How One State’s War on Medicaid Fraud Ensnares Working Moms in Alabama, AL.com, April 26, 2021, https://www.al.com/news/2021/04/the-tennessee-trap-how-one-states-war-on-medicaid-fraud-ensnares-working-moms-in-alabama.html
Katheryn Houghton, With GOP Back at Helm, Montana Renews Push to Sniff Out Welfare Fraud, Kaiser Health Network, Feb. 25, 2021, https://khn.org/news/article/with-gop-back-at-helm-montana-renews-push-to-sniff-out-welfare-fraud/
A Better Prescription for Algorithms, The Hill, December 24, 2020, https://thehill.com/opinion/technology/531309-a-better-prescription-for-algorithms
Michele Gilman & Meredith Broussard, Lawgorithms: What Poverty Lawyers Need to Know About Tech, Law and Social Justice, Data & Society Databite #138, Oct. 16, 2020, https://datasociety.net/library/lawgorithms-everything-poverty-lawyers-need-to-know-about-tech-law-and-social-justice/
Interview, Karen Hao, The Coming War on the Hidden Algorithms that Trap People in Poverty, MIT Technology Review, Dec. 4, 2020, https://www.technologyreview.com/2020/12/04/1013068/algorithms-create-a-poverty-trap-lawyers-fight-back/
Interview, Prachi Gupta, Your Data is Discriminating…Against You, Marie Claire, Oct. 1, 2020, https://www.marieclaire.com/politics/a33897547/data-discrimination/
Coronavirus Related Debt Will Live in Digital Platforms for Years – Hurting Americans’ Ability to Get Job, Apartments and Credit, The Conversation, June 1, 2020, https://theconversation.com/coronavirus-related-debt-will-live-in-digital-profiles-for-years-hurting-americans-ability-to-get-jobs-apartments-and-credit-138921
Interview, Stephanie Wykstra, It Was Supposed to Detect Fraud. It Wrongfully Accused Thousands Instead, The Atlantic, June 7, 2020, https://www.theatlantic.com/technology/archive/2020/06/michigan-unemployment-fraud-automation/612721/
Interview, Mae Anderson, Q&A: Safety a Big Concern as Workers Return to Their Jobs, ABCnews, May 20, 2020, https://abcnews.go.com/Business/wireStory/qa-safety-big-concern-workers-return-jobs-70795444
Interview, Benjamin Powers, Citizen App’s New Contact Tracing Feature Raises Privacy Concerns, Coindesk, May 20, 2020, https://www.coindesk.com/citizen-apps-new-contact-tracing-feature-raises-privacy-red-flags
Interview, Benjamin Powers, Privacy Advocates are Sounding Alarms Over Coronavirus Surveillance, Coindesk, March 23, 2020, https://www.coindesk.com/privacy-advocates-are-sounding-alarms-over-coronavirus-surveillance
AI Algorithms Intended to Detect Welfare Fraud Often Punish the Poor, The Conversation & US News, Feb. 14, 2020, https://theconversation.com/ai-algorithms-intended-to-root-out-welfare-fraud-often-end-up-punishing-the-poor-instead-131625
Let’s Enact a Privacy Law that Advances Economic Justice, The Hill, Dec. 9, 2019, https://thehill.com/opinion/technology/473042-lets-enact-a-privacy-law-that-advances-economic-justice.
Guest, What If There’s Too Much Privacy?, WashingTech Podcast, Nov. 26, 2019, https://techpolicypodcast.org/what-if-theres-too-much-privacy-with-michele-gilman-ep-211/.
Expanding Frameworks: An Economic Justice Approach to Digital Privacy, Data & Society Points, Nov. 6, 2019, https://points.datasociety.net/expanding-frameworks-9e0781ec2037
Guest, Background Briefing with Ian Masters, Trump Trashes Another American Congressman and a Whole American City, KPFK-FM Los Angeles, July 28, 2019, https://www.backgroundbriefing.org/2019/07/28/background-briefing-july-28-2019/.
Emma Coleman, Digital Driver’s Licenses Could Become a Real Option in Some States, Route Fifty, July 2, 2019, https://www.routefifty.com/infrastructure/2019/07/digital-drivers-licenses-could-become-real-option-some-states/158156/.
Voices of the Poor Must Be Heard in the Data Privacy Debate, Jurist, May 14, 2019, https://www.jurist.org/commentary/2019/05/voices-of-the-poor-must-be-heard-in-the-data-privacy-debate/
Data Insecurity Leads to Economic Injustice – and Hits the Pocketbooks of the Poor Most, The Conversation, April 30, 2019, https://theconversation.com/data-insecurity-leads-to-economic-injustice-and-hits-the-pocketbooks-of-the-poor-most-116231.
Guest, The Takeway, New York Public Radio, How a Wealth Gap Contributes to a Privacy Gap, April 30, 2019, https://www.wnycstudios.org/story/how-wealth-gap-contributes-privacy-gap.
Quoted, Mary Madden, The Devastating Consequences of Being Poor in the Digital Age, New York Times, April 25, 2019, https://www.nytimes.com/2019/04/25/opinion/privacy-poverty.html.
Interview, Ciara Byrne, Trading Privacy for Survival is Another Tax on the Poor, Fast Company, March 18, 2019, https://www.fastcompany.com/90317495/another-tax-on-the-poor-surrendering-privacy-for-survival.
Interview, Elizabeth Brico, “Privacy is Becoming a Luxury”: What Data Leaks are Like for the Poor, Vice, March 14, 2019, https://www.vice.com/en_us/article/mbz493/privacy-is-becoming-a-luxury-what-data-leaks-are-like-for-the-poor.
Guest, Background Briefing with Ian Masters, Weaponing Women’s Rage; A Third Accuser of Kavanaugh’s Sworn Statement, KPFK-FM Los Angeles, September 26, 2018, https://www.backgroundbriefing.org/.
Guest, 1A with Joshua Johnson on National Public Radio, The Equal Rights Amendment in 2018, WAMU-FM, August 21, 2018, https://the1a.org/shows/2018-08-21/the-equal-rights-amendment-in-2018.
Supreme Court Ruling Against Class Action Lawsuits is a Blow for Workers – and #Metoo, The Conversation & Salon, May 21, 2018, https://theconversation.com/supreme-court-ruling-against-class-action-lawsuits-is-a-blow-for-workers-and-metoo-96976; https://www.salon.com/2018/05/22/supreme-court-ruling-against-class-action-lawsuits-is-a-blow-for-workers-and-metoo_partner/.
Davos Grapples with Inequality, The Conversation, Jan. 26, 2018, https://theconversation.com/davos-grapples-with-inequality-90791.
Three Myths About the Poor That Republicans are Using to Support Slashing US Safety Net, The Conversation & Salon, Dec. 13, 2017, https://theconversation.com/3-myths-about-the-poor-that-republicans-are-using-to-support-slashing-us-safety-net-89048; https://www.salon.com/2017/12/16/3-myths-about-the-poor-that-republicans-are-using-to-support-slashing-us-safety-net_partner/.
What Gorsuch’s Supreme Court Means for Workers, The Conversation, April 20, 2017, https://theconversation.com/what-gorsuchs-conservative-supreme-court-means-for-workers-76196.
Guest, 1A with Joshua Johnson on National Public Radio, “Helping the Poor Put Dinner on the Table Without Giving Them a Seat at the Table,” WAMU-FM, June 26, 2017, http://the1a.org/shows/2017-06-26/helping-the-poor-put-dinner-on-the-table-without-giving-them-a-seat-at-the-table.
Interview, Zarah Barnes, Want to Reduce Unintended Pregnancies and Abortions? Give Women LARCS, Self.com, Aug. 5, 2016.
Michele Gilman, How Limiting Women’s Access to Birth Control and Abortions Hurts the Economy, The Conversation, April 27, 2016.
Interview, Kaveh Waddell, How Big Data Harms Poor Communities, The Atlantic, April 8, 2016.
Guest, The Supreme Court Guarantees Economic Unfairness, Keeping Democracy Alive with Burt Cohen podcast, April 7, 2016, Progressive Radio Network.
Michele Gilman, How the Supreme Court Made Economic Inequality a Whole Lot Worse, The Conversation, March 30, 2016.
Interview, Kaveh Waddell, Would You Let Companies Monitor You for Money, The Atlantic, April 1, 2016.
Interview, Kaveh Waddell, The Digital Security Divide, The Atlantic, March 28, 2016.
Interview, Cortney-Harding, The New Digital Divide, readwrite, March 4, 2016.
Interview, Jessica Goldstein, Could a California Evidence Law Change the Case Against Bill Cosby, Legal Experts Break it Down, ThinkProgress, Oct. 9, 2015.
The Injustice of the Affluenza Defense, Let’s Talk About this Series, Public Justice Center, March 6, 2014.