Author Archives: rrobson

Will the South Africa Constitution Remove Sexual Orientation Equality??

It seems unthinkable. The South Africa Constitution has the reputation as the most progressive constitution in the world, based in part on an equality provision that explicitly includes “sexual orientation.” But there is a move afoot to amend the Constitution … Continue reading

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Posted in Academia | Comments Off

Judicial Deference to the Military: Sexual Assault is Not Cognizable

Just as the judicial deference to the military’s DADT policy on sexual orientation eventually eroded, so too will the judicial deference to the military’s policies on sexual assault eventually crumble.   Well, at least that’s possible.  Isn’t it? Although a 2 … Continue reading

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Posted in Coerced Sex, If you're a woman, Justice? | 1 Comment

Women, the Super Committee, and Medicaid

Medicaid is a feminist issue, and the realistic prospect of severe medicaid funding cuts are a danger to women and girls. That’s the message of an excellent blog post  full of useful facts and figures by Davida Silverman, a staff … Continue reading

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Posted in Feminism and Families, Feminism and Medicine, Reproductive Rights | Comments Off

Federal Judge Sam Sparks and the 2011 Texas Abortion Act

Judge Sam Sparks did not have very kind words for the attorneys on either side of the challenge to the 2011 abortion Act in his opinion in Texas Medical Providers Performing Abortion Services v. Lakey.    He was also not impressed … Continue reading

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Posted in Feminism and Law, If you're a woman, Reproductive Rights, Women's Health | Comments Off

What does “coparent” mean?

Not so much, according to a 4-3 decision from the Ohio Supreme Court: “Coparenting” is not synonymous with an agreement by the biological parent to permanently relinquish sole custody in favor of shared legal parenting. “Coparenting” can have many different … Continue reading

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Posted in LGBT Rights | Comments Off

Prostitution and HIV Funding: Unconstitutional Condition Case from Second Circuit

If an organization did not have a “policy explicitly opposing prostitution” – – – the so-called prostitution pledge – – – then the program could not obtain funding under the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of … Continue reading

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Posted in Feminism and Medicine, Feminism and Politics, Women's Health | Tagged , | Comments Off

feminists@law: A new UK website and journal

An exciting addition to feminist legal theory is feminists@law, a new “open access journal of feminist legal scholarship” from some folks at Kent Law School in the UK: feminists@law aims to publish critical, interdisciplinary, theoretically engaged scholarship that extends feminist … Continue reading

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Posted in Academia, Feminism and Law | 1 Comment

Onwuachi-Willig: Finalist for Iowa Supreme Court

Among the 9 finalists for the 3 vacancies on the Iowa Supreme Court Justice there is one woman, one racial minority, and one law professor – – – and then there are the 8 other candidates. The 3 vacancies on … Continue reading

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Posted in Academia, Courts and the Judiciary | Comments Off

Are Women “Persons”?

It’s the anniversary of the “Persons Case.” If you are not a Canadian feminist legal scholar, you can learn more. -Ruthann Robson

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Posted in Feminism and Law, Feminist Legal History, Firsts | 1 Comment

Constitution Day – - – for Feminists?

  September 17  is “Constitution and Citizenship Day,” commemorating the signing of the Constitution in 1787.  The Congressional resolution,  codified at 36 U.S.C. § 106, also includes a  requirement of an “educational program” at all educational institutions that receive federal … Continue reading

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

ABA Resolution on Same-Sex Marriage

The ABA overwhelmingly adopted a resolution urging state (as well as territorial and tribal) governments to permit same-sex marriage: RESOLVED, That the American Bar Association urges state, territorial, and tribal governments to eliminate all of their legal barriers to civil … Continue reading

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Posted in Feminism and Families, LGBT Rights | Comments Off

Shirley Lung on (All) Women’s Work

Work has long been an issue for feminist legal scholars, but in a new article just posted on ssrn here, Professor Shirley Lung argues that we need to refocus.   Lung is addressing the new “family/work” policies often adopted by employers … Continue reading

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Posted in Academia | Comments Off

DOMA Section Three Held Unconstitutional

In two companion cases – – – one filed by individual plaintiffs married in Massachusetts alleging a violation of equal protection and one filed by the Commonwealth of Massachusetts alleging Spending Clause and Tenth Amendment issues – – – federal … Continue reading

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Posted in Feminism and Families, Feminism and Law, LGBT Rights | Comments Off

Declaration of Independence Thoughts: Kagan Hearing and (White Male) Philosophers

Adopted by the Continental Congress on July 4, 1776, the Declaration of Independence is the foundational text for the July Fourth "Independence Day" national holiday in the United States. Among the discussions of the document this year, two stand out.  … Continue reading

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Posted in Courts and the Judiciary, Feminist Legal History | 1 Comment

An all women Supreme Court?

It’s not impossible.   The Texas Supreme Court is a testament to the possibility.   It happened eighty-five years ago,   if only for a single case. In 1925, the Texas Governor appointed three women to fill all the positions … Continue reading

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Posted in Courts and the Judiciary, Feminism and Law, Feminist Legal History, If you're a woman, Legal Profession, The Underrepresentation of Women | 2 Comments

Is there a gendered difference in how long it takes someone to become a “real” citizen?

That’s not exactly the question in Flores-Villar v. United States, a case in which the Court granted cert. today.   But the case does involve a statute which provided a gender differential for unmarried mothers and unmarried fathers regarding the … Continue reading

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Posted in Courts and the Judiciary, Feminism and Families, Immigration | Comments Off

Are lesbians becoming extinct?

Trivia: Voices of Feminism is the reincarnation of the iconic TRIVIA: A Journal of Ideas published in print from 1982-1995. The newest volume, edited by Lise Weil and Betsy Warland, includes responses to the lesbian extinction question. As the editors … Continue reading

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Posted in Feminism and the Arts, LGBT Rights | Comments Off

Prop 8 Trial Update: Day Two

An update on Perry v. Schwarzenegger, including a discussion of the expert testimony is available on Constitutional Law Professors blog here. -Ruthann Robson

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Posted in LGBT Rights | Comments Off

Women, Happiness, and the Marketing of Positive Thinking

Barbara Ehrenreich has a great debunking of a study that purports to show that women have become unhappier since 1972 – – – as a result, most likely, of feminism.     Ehrenreich writes that the statistical variable (one percent) … Continue reading

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Posted in Feminism and Culture, Feminism and Economics, Feminism and Politics, Feminism and Science, Links, Sexism in the Media | Comments Off

Gendered Qualification for Public Office

Should Middle-Aged Men Hold Public Office? That’s the title of an engaging essay by Barbara O’Brien over at salon.com here. O’Brien not only answers those who have wondered aloud about Sotomayor’s qualifications given possibilities such as menstruation and menopause, but … Continue reading

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Posted in Academia, Courts and the Judiciary, Feminism and Politics, South Carolina | Comments Off

Delaware Chief Judge emails “soft porn” to former clerks

 Myron Steele, Chief Judge of the Delaware, is reported here to have used his government email account to forward a “suggestive video”  which “depicts a professional-looking young woman in a bar competing with a glamorous blonde for the attention of … Continue reading

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Posted in Academia, Courts and the Judiciary, Justice?, Legal Profession | 1 Comment

Crush Porn Before SCOTUS

The United States Supreme Court has granted certiorari in US v. Stevens, 533 F.3d 218 (3rd Cir. 2008).   The usual report is that the case is about videotapes of dog-fighting and whether their sale can be criminalized under the … Continue reading

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Posted in Academia, Feminism and Law, Guest Blogger | Tagged , | Comments Off