Author Archives: David S. Cohen

John McCain, Gay Adoption, and Penguins

Strange mix here, but I thought John McCain’s recent insistence that, despite being a parent of an adopted child, he doesn’t “believe in gay adoption” is a nice segway into this story about how homosexuality has been observed to appear … Continue reading

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The Real Story Behind the Massachusetts Pregnancy “Pact”

As most people should know by now (and should have suspected originally), the story of the Massachusetts teen pregnancy “pact” was wrong. And, a follow-up story on Women’s eNews today has this paragraph, which really should be getting all the … Continue reading

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Posted in Reproductive Rights, Women's Health | Comments Off

Federal Marriage Amendment – Welcome Back

In the same week we get a wife-beating joke from a presidential candidate with a sordid past when it comes to gender-related outbursts, we get the reintroduction of the Federal Marriage Amendment . . . co-sponsored by, among others, Senators … Continue reading

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‘We are at War and You Should Not Bother the President’: The Suffrage Pickets and Freedom of Speech During World War I

This is the title of an interesting new article from Villanova Law Professor and Jeopardy Champion Cathy Lanctot.   The abstract is below, and you can download it here: The story of Alice Paul’s National Woman’s Party and its 1917 … Continue reading

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Posted in Feminist Legal History, Feminist Legal Scholarship | Comments Off

Information Is Power

NARAL released a poll today showing that when women learn about Senator John McCain’s voting record on reproductive rights, he loses a significant number of independent and pro-choice-Republican supporters.   Pretty easy take-away for the Obama campaign on this one! … Continue reading

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Let the Wedding Bells Ring!

Congratulations to Phyllis Lyon and Del Martin who will become one of the first same-sex married couples in California later today. The state supreme court decision takes place at 5pm Pacific time, and some clerks offices are staying open late … Continue reading

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Posted in LGBT Rights, Uncategorized | Comments Off

Title VI, Title VII, Title IX – What’s Missing?

I feel like I should know the answer to this post, but I don’t.   Here’s the question:   Title VI prohibits discrimination based on race in federally funded entities.   What about discrimination based on sex?   Why isn’t … Continue reading

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Posted in Feminism and Law | Comments Off

Ever Have a Ninth Circuit Case Involving Sex or Gender Issues?

Or even one with a female litigant? And was one of the panel members Judge Alex Kozinski? Well, if so, this story must make you question whether you got a fair shake. As detailed in several news outlets (and apparently … Continue reading

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Massachusetts Maternity Leave Act Now Applies to Fathers Too

Feminist Law Prof Jessica Silbey has an excellent post today on Concurring Opinions about the decision by the Massachusetts Commission Against Discrimination to expand the state Maternity Leave Act to apply to fathers too.   This change means that employers … Continue reading

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The Days Before Roe

The New York Times today has an essay from an obstetrician/gynecologist who recalls the days before Roe.   He treated women with all sorts of medical problems as the result of attempting an illegal abortion without medical assistance.   The … Continue reading

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Posted in Feminism and Law, Reproductive Rights, Women's Health | Comments Off

California Same-Sex Marriage Ban Ballot Initiative Approved for November Election

After last month’s historic decision by the California Supreme Court, voters in California are now going to get to decide whether discrimination should be written into the state’s constitution the state’s constitution should explicitly ban same-sex marriage.   A ballot … Continue reading

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Gender Equity and Math

Today’s Science Magazine has an article indicating that, while boys usually perform better than girls on standardized math tests, in countries with the greatest economic equality between men and women, girls perform just as well as boys on these tests. … Continue reading

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“Don’t Ask Don’t Tell” Unconstitutional?

Well, not yet, but the Ninth Circuit Court of Appeals ruled yesterday that the policy has to survive intermediate scrutiny and remanded the case to the lower court to apply the standard.   (A short summary of the opinion is … Continue reading

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Justice Stevens and the Democratic Primaries

I’ve seen a few articles over the past week in which Clinton supporters said they would not support Obama if he won the Democratic primary.   And, I’ve had conversations with Obama supporters who said the same about Clinton.   … Continue reading

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Purity Balls

The New York Times today has an article describing Puirty Balls, dances in which fathers vow to protect their daughters and keep them pure. Reading it made me very uncomfortable. Fostering healthy father/daughter relationships is a wonderful goal, but I’m … Continue reading

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I Don’t Believe Them

After yesterday’s decision from the California Supreme Court, both Hillary Clinton and Barack Obama issued statements about the issue.   From the Associated Press: “Barack Obama has always believed that same-sex couples should enjoy equal rights under the law, and … Continue reading

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Posted in Feminism and Politics, LGBT Rights | Comments Off

Is It Really That Hard to Say “Abortion” on TV or in the Movies?

Thanks to TiVo, I’m several days late on this one, but last week’s 30 Rock continued in the tradition of television shows such as Scrubs, Friends, and the Nine as well as movies such as Waitress, Knocked Up, and Juno … Continue reading

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Posted in Feminism and Culture, Sexism in the Media, Women's Health | Comments Off

Breast is Best, But . . .

The New York Times reported last week that about 77 percent of new mothers breast-feed, the highest percentage in the United States in over a decade.   However, at six months age for the newborn, the rate of breast-feeding is … Continue reading

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Voting by Sex

No, this is not a post about Obama/Clinton and gendered support patterns. Rather, this is a post about something else related to sex difference and voting that some, if not all, Pennsylvanians are facing today. When I voted this morning, … Continue reading

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Posted in Feminism and Law, Feminism and Politics, The Underrepresentation of Women | Comments Off

Dodging Title IX and the Equal Protection Clause

If you’re a public university in the United States that wants a new way to make money without those pesky requirements of Title IX and the Constitution, what can you do?   Open an all-male engineering school in Saudi Arabia, … Continue reading

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Posted in Academia, Sisters In Other Nations | Comments Off

Scott Moss on Abortion Rights Under State Constitutional Law

Feminist Law Professor Scott Moss has a new piece available about abortion rights under state constitutional law.   The premise, that with the ever-more-conservative Supreme Court state courts are going to be the better outlet for protecting abortion rights, echoes … Continue reading

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Posted in Feminist Legal Scholarship, Women's Health | Comments Off

Bed Rest

My wife is 33 weeks pregnant and has been put on bed rest. She had a very serious case of preeclampsia last pregnancy, so the doctors are being extremely cautious this time. The difference though is that last time she … Continue reading

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Women’s eNews: “Obama’s Call for Change Speaks Loudly to Women”

For balance, here’s a commentary from Ellen Bravo on Women’s eNews – “Obama’s Call for Change Speaks Loudly to Women.” Barack Obama is willing to stand up for what’s right–such as paid leave and opposition to the war–even when it … Continue reading

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Posted in Feminism and Politics | Comments Off

Justice Kennedy

As I mentioned last week, I’m participating in a symposium at the University of South Carolina this coming Friday about the Roberts Court and Equal Protection.   I’m on the panel about sex/gender, which will be moderated by Feminist Law … Continue reading

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Justice Anthony Kennedy: Thanks for Twenty Years of . . .

Well, thanks for what? Today is the twentieth anniversary of Justice Kennedy taking his seat on the Supreme Court. There are certainly things to thank him for. His switch in Casey saved Roe from being overturned. He authored groundbreaking rulings … Continue reading

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Where’s the Outrage Over McCain?

The outrage over MSNBC’s David Shuster’s remarks about Chelsea Clinton got him suspended and MSNBC threatened by the Clinton camp. Isn’t what John McCain said about Chelsea in 1998, when she was only 18, much worse? Apparently, the news media … Continue reading

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Some Blatant Self Promotion: Single Sex Education and Masculinity

Please forgive me if this self-promotion is beyond the standards of decency. But, if anyone is interested, I’ve posted the most recent draft of an article I’m working on and would love any feedback people might have if they are … Continue reading

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Posted in Feminism and Culture, Feminist Legal Scholarship | Comments Off

Here We Go Again – Prosecuting Pregnant Women Who Use Drugs

This time it’s Alabama.   A new state law written to protect children from the fumes associated with methamphetamine manufacturing is being used to prosecute women who use drugs during pregnancy.   Of course, the theory of the prosecutions is … Continue reading

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Posted in Reproductive Rights, Women's Health | Comments Off

And Yet Another Way to Procrastinate Scholarship

Another law professor blog is added to the blogosphere.   Welcome to The Faculty Lounge.   Feminist Law Professors Kathleen Bergin, Laura Appleman, and Kevin Noble Maillard have joined my colleague Dan Filler and others.   It’ll be worth visiting … Continue reading

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A Movie That Really Deals With Abortion

Unlike what’s coming out of Hollywood recently, a new Romanian film, 4 Months, 3 Weeks and 2 Days, really does deal with abortion. It won the Cannes Palme d’Or last year, and it now starts its run in the United … Continue reading

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Will Any of the Candidates End Hyde?

Henry Hyde is dead. We have a Democratic Congress that should continue at least through the next election cycle. And, with massive discontent with the current Republican President and the party generally, we have a strong likelihood that a Democrat … Continue reading

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Some Thoughts on the Non-Abortion Film Trilogy

Without specifically intending to do so, I finished the non-abortion film trilogy this past weekend. What’s that? It’s the trilogy of movies from the past year in which the female lead character gets pregnant, clearly is in a situation in … Continue reading

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The M Word

Bob Herbert’s editorial today in the Times says that the candidates should be addressing rampant misogyny in the United States.   In less than 800 words, he takes on rape, sexual harassment, prostitution, sexualized advertising, sports, pornography, paparazzi, the military, … Continue reading

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First Woman to Win a U.S. Presidential Primary?

I certainly haven’t read every article covering last night’s win by Hillary Clinton, but what I have read seems to have glossed over something I am fairly certain is true: she’s the first woman to win a presidential primary in … Continue reading

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Posted in Feminism and Politics, Firsts | Comments Off

Carhart and Its Effects — Which Women?

The Reproductive Rights Prof Blog has a good re-cap of the AALS Hot Topic panel on Gonzales v. Carhart. Michael Dorf also has offered his thoughts on some of the political issues raised in the panel. Here, I’d like to … Continue reading

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Happy New Year! The Headlines of 2008

It’s a few days early, but I figured I’d try something fun here in lieu of public resolutions. I encourage other feminist law professor bloggers to join in with their own. And, if I knew how to start one of … Continue reading

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Posted in Feminism and Law, Feminism and Politics | Comments Off

“When Will It Stop?”

Albuquerque has seen a rash of abortion clinic violence in the past few weeks.   One clinic was burned to the ground, another was set ablaze but suffered minor damage, and a third, a family planning clinic, had its windows … Continue reading

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Posted in Acts of Violence, Reproductive Rights | Comments Off

American Girl Hell

While visiting family in Brooklyn, I took a trip to Manhattan to show my 2 year old Rockefeller Center at Christmas. We all had a blast, especially the little one who warmed up to the crowds and had fun watching … Continue reading

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Posted in Feminism and Culture, Race and Racism | Comments Off

Women in Black

While we’re on the topic of international news, Women’s eNews has a good article today about Women in Black, a group of Israeli women who have protested the Israeli occupation of Palestinian land for the last 20 years.   Tomorrow … Continue reading

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Posted in Sisters In Other Nations | Comments Off

Katha Pollitt Book Offer

Great combination offer here from our mailbag.   Katha Pollitt is great, and so is the National Network of Abortion Funds.   Apparently, they’re running a promotion now that if you are a new donor to the latter you get … Continue reading

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Posted in Recommended Books, Reproductive Rights | Comments Off

The Brandeis Brief

I’m teaching Muller v. Oregon (1908) on Thursday. For those who don’t recall it, it’s the case during the Lochner era in which the Court upheld a maximum hour statute because the statute applied solely to women. The opinion has … Continue reading

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Posted in Feminism and Law, Feminist Legal History | Comments Off

The Misery Maker is Dead

Henry Hyde died today.   The AP story says nothing about the millions of women he harmed since 1976 with the Hyde Amendment.   Unfortunate for poor women throughout the country, the Hyde Amendment won’t die with him. – David … Continue reading

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Posted in Reproductive Rights | Comments Off

Susan Wicklund – “This Common Secret: My Journey as an Abortion Doctor”

The New York Times has a story today about Dr. Susan Wicklund’s new book, This Common Secret: My Journey as an Abortion Doctor.   The story’s worth reading for her insider’s perspective on the importance of telling the stories of … Continue reading

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(Dis)Honoring Henry Hyde

On November 5, President Bush will present the Presidential Medal of Freedom to, among others, Henry Hyde. (Hat tip to Prawfsblawg.) The official press release proclaims that Hyde “has served America with distinction” and has been a “powerful defender of … Continue reading

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Gonzales v. Carhart Aftermath

Tony Mauro has an article worth reading about the aftermath of Gonzales v. Carhart, the Supreme Court case from last Term upholding the federal ban on “partial birth” abortions.   The Fourth Circuit Court of Appeals is set to hear … Continue reading

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The Onion on Birth Control in Maine

As always, the Onion has a great satirical take on the story about the middle school in Maine giving out birth control for its students. – David S. Cohen

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Posted in Links, Women's Health | Comments Off

Advice for Feminist 1Ls

Given my background and scholarly interests (and maybe my blogging here!), I’ve been asked by a couple of feminist 1Ls how to get through the first year of law school. So, I thought I’d compile a list of my advice. … Continue reading

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Posted in Feminists in Academia, Law Schools | Comments Off

Griswold Attorney Catherine G. Roraback Dies at 87

Yesterday, Catherine G. Roraback died at the age of 87.   She represented the appellants in Griswold v. Connecticut.   A short bio is here.   Some key excerpts: Long before the advent of public interest law Roraback made it … Continue reading

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Posted in Feminist Legal History, Feminists in Academia | Comments Off

Justice Scalia – the Catholic not-Catholic Judge

Justice Scalia spoke at Villanova University yesterday and declared that, despite being Catholic, he is not, nor is there any such thing as, a Catholic Judge. I wasn’t at the event, so I have to rely on the local news … Continue reading

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The Myth of Mars and Venus

This post’s title is the title of a new book by British linguist Deborah Cameron. The book explodes the Mars/Venus industry (John Gray, Deborah Tannen, Simon Baron-Cohen, etc.) and instead concludes that men and women communicate in very similar ways. … Continue reading

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