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Category Archives: Courts and the Judiciary
The Loss of Sexual Innocence: Supreme Court of Guam Finds Trial Court Erred in Limiting Cross-Examination of Child Rape Victim
A defendant is on trial for criminal sexual conduct based upon acts that he allegedly committed against a 10 year-old victim. Previously, a forensic examination of the alleged victim revealed scar tissue on her hymen. Before trial, the defendant failed … Continue reading
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary
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Taking Exception: Is Evidence of Prior Oral Sex by 15 Year-Old Victim Admissible in Prosecution of 38 Year-Old?
A 38 year-old defendant is charged with four counts of sexual conduct with a minor, and it is undisputed that he engaged in four acts of oral sexual intercourse with the victim, who was 15 years-old. The defendant, however, seeks to present … Continue reading
Posted in Coerced Sex, Courts and the Judiciary
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The Vermont Frat Questionnaire & The Foreseeability of Stranger Rape Based Upon Increased Acquaintance Rape at a College
If I could rape someone, who would it be? This now infamous question, asked at the end of a fraternity questionnaire at the University of Vermont, led to the fraternity being suspended. But let’s say that the university took no … Continue reading
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary
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Judge Orders Woman To Pay Alimony, Legal Fees, To Ex-Spouse Convicting Of Attacking Her
A San Diego judge has told an ex-wife to pay her ex-husband’s legal fees and be ready to pay him alimony should he make the request once he leaves prison. Judge Geoffrey Pollack noted that he had discretion in the … Continue reading
Posted in Acts of Violence, Courts and the Judiciary, Feminism and Culture, Feminism and Families, Feminism and Law, If you're a woman, Justice?
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The Only Exception: Arkansas Case Reveals Danger Of State’s Undifferentiated Rape Shield Exception
Like many state counterparts, Federal Rule of Evidence 412(a), the Federal Rape Shield Rule, precludes the admission of evidence of an alleged victim’s prior sexual behavior/predisposition to prove her propensity to consent to sexual acts and her likely conformity with … Continue reading
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary
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Touching a Nerve?: 8th Circuit Finds ALJ’s Comment About Touching A Feminist’s Nerve Didn’t Constitute Reversible Bias
[A]fter Perkins testified that her daily routine includes watching the Lifetime channel, the ALJ asked, “And what is the subject matter of that? That’s the girl channel.”…Perkins responded, “Women’s channel.”…The ALJ then stated, “All right. I’m glad our [vocational expert] … Continue reading
Posted in Courts and the Judiciary, Women's Health
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A Picture Is Worth A Thousand Words: Court Of Appeals of Iowa Fails to Resolve Whether Facebook Photos Trigger Rape Shield Rule Analysis
Similar to its federal counterpart, Iowa Rule of Evidence 5.412a, Iowa’s rape shield rule, Notwithstanding any other provision of law, in a criminal case in which a person is accused of sexual abuse, reputation or opinion evidence of the past … Continue reading
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary
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The Oh in Ohio: Court of Appeals of Ohio Shockingly Concludes Rape Shield Rule Doesn’t Cover Nonconsensual Sexual Activity
We disagree with Michael to the extent that it stands for the proposition that the rape shield law has any application to prior sexual abuse suffered by a child victim. In construing the rape shield statute, “our paramount concern is the legislative … Continue reading
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary
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Topeka Misdemeanor Domestic Battery Cases to be Prosecuted by Law Student Interns
In my last post about the Topeka imbroglio, I wondered how vigorously the County DA would prosecute misdemeanor domestic battery cases after the city of Topeka dicriminalized misdemeanor domestic battery and forced the County DA’s hand (by his own admission). … Continue reading
Posted in Acts of Violence, Courts and the Judiciary
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Topeka Officially Decriminalizes Misdemeanor Domestic Battery
Earlier today, the Topeka City Council, by a vote of 7-3, repealed the local law that makes misdemeanor domestic battery a crime. The move, the councilors were told, would force District Attorney Chad Taylor to prosecute the cases because they would remain … Continue reading
Posted in Acts of Violence, Courts and the Judiciary
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Placing Topeka’s Possible Decriminalization of Misdemeanor Domestic Battery in Historical Context
After my previous post on the possibility of Topeka decriminalizing misdemeanor domestic battery, I decided to do some research to see if there is any historical precedent for such an action. It turns out that there is (sort of). In … Continue reading
Posted in Acts of Violence, Courts and the Judiciary
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Topeka City Council to Vote on Measure to Decriminalize Misdemeanor Domestic Battery
Here are some excerpts from the article, Suspected domestic abusers go free as Topeka city, council officials bicker over funds: A bitter argument over money in Topeka, Kan., means that city and county authorities have neglected to prosecute or charge … Continue reading
Posted in Acts of Violence, Courts and the Judiciary
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Does an Aggravating Factor Based on “a Difference in the Sexes of the Victim and the Defendant” Violate Equal Protection?
Following up on my previous post, here is another interesting case in a similar vein: State v. Wright, 563 S.E.2d 311 (S.C. 2002). In Wright, Todd Wright was convicted of criminal domestic violence of a high and aggravated nature. One of … Continue reading
Posted in Acts of Violence, Courts and the Judiciary
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Does a Law Punishing More Severely a Male’s Assault of a Female Violate Equal Protection?
Eugene Volokh has an interesting post up over at The Volokh Conspiracy. The post discusses G.S. § 14-33(c)(2), which provides that Unless the conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, … Continue reading
Posted in Acts of Violence, Courts and the Judiciary
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Corbin on “The Irony of Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC”
Caroline Mala Corin (Miami) has posted to SSRN her piece forthcoming in the Northwestern University Law Review Colloquy, “The Irony of Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC.” Here is the abstract: The question presented in Hosanna-Tabor Evangelical Lutheran … Continue reading
Posted in Courts and the Judiciary, Feminism and Religion
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Unimpeachable: 7th Circuit Finds Evidence That Sauna Was Used as Place Of Prostitution Inadmissible Under Rape Shield Rule
Like all states, Wisconsin has a rape shield rule. Under Wisconsin’s rule, WIS. STAT. Section 972.11(2)(b), in civil and criminal cases involving alleged sex crimes, any evidence concerning the complaining witness’s prior sexual conduct or opinions of the witness’s prior … Continue reading
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary
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Breaking Bad: District of Vermont Deems Detention of Pregnant Passenger in Need of Bathroom Break Reasonable So Female Officer (Who Never Took Her to the Bathroom) Could Arrive
Authorities believe that a a vehicle contains narcotics. They detain a passenger and call for a narcotics dog. The dog arrives 45 minutes later. Another 20-30 minutes pass, and the authorities still haven’t conducted the canine sniff. The passenger confesses. … Continue reading
Posted in Courts and the Judiciary
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Birckhead on “Delinquent by Reason of Indigency”
Tamar Birckhead (UNC) has posted to SSRN a draft her essay Delinquent by Reason of Indigency, 38 Wash. U. J. L. & Pol’y __ (forthcoming 2012). Here is the abstract: This Essay, written for the 12th Annual Access to Equal … Continue reading
Posted in Courts and the Judiciary, Feminism and Families, Feminism and Law, Socioeconomic Class
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Can You Hear Me?: Court of Appeals of Texas Finds Failure to Hold In Camera Rape Shield Hearing Isn’t Reversible Error
Similar to its federal counterpart, Texas Rule of Evidence 412(c) provides that if a criminal defendant is trying to present evidence under an exception to the rape shield rule, the defendant must inform the court out of the hearing of … Continue reading
Posted in Coerced Sex, Courts and the Judiciary
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A Private Matter?: Military Court Opinion Reveals Problem With Military Rape Shield Rule
Federal Rule of Evidence 412(a), the federal Rape Shield Rule, provides that evidence of an alleged victim’s sexual predisposition or other sexual behavior is inadmissible to establish her propensity to consent to sexual acts and her conformity with that propensity, … Continue reading
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary
1 Comment
Everything But The Girl: Northern District Of Indiana Opinion Sharpens Split Over Nature Of Affirmative Defense In Single-Instance Harassment Cases
An employer is subject to vicarious liability to a victimized employee for an actionable hostile environment created by a supervisor with immediate (or successively higher) authority over the employee. When no tangible employment action is taken, a defending employer may … Continue reading
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace
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Request for Signatories to Amicus Brief in Hosana-Tabor Case (First Amendment, Employment Discrimination and Gender Issues)
We have drafted an amicus brief for law professors in the Hosanna-Tabor case, which involves a ministerial exception to employment laws and has important implications for gender discrimination. Cheryl Perich was a kindergarten and fourth grade teacher at Hosanna-Tabor Evangelical … Continue reading
Posted in Courts and the Judiciary, Employment Discrimination, Feminism and Religion
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Gettin’ (Un)Lucky in Kentucky: Court of Appeals of Kentucky Finds Trial Court Erred in Excluding Evidence That Alleged Victim Was a “Crack Whore”
Assume that a defendant is on trial for sexually assaulting a victim. And, assume that the defendant’s defense is, essentially, that the alleged victim is a “crack whore.” Should the defendant be able to present evidence of the alleged victim’s … Continue reading
When Innocence Is Pink: Why There Is A Gender Gap In Exonerations of the Wrongfully Convicted and Efforts That Might Shrink It
There are over 60 innocence projects nationwide, and they do tremendous work. According to the Cardozo Innocence Project website, “There have been 271 post-conviction DNA exonerations in United States history.” The Innocence Project has profiles of each of the exonerees … Continue reading
Posted in Courts and the Judiciary, Feminism and Law, Feminism and Science
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As Judge Nancy Gertner Retires, We Lose One of Our Greatest Judges But Gain One of Her Greatest Opinions
Judge Nancy Gertner kicks ass. I remember writing a motion in limine regarding the admissibility of virtual reality evidence for the annual mock technology trial when I was a student at William and Mary. Judge Gertner served as the judge … Continue reading
Posted in Academia, Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace
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Exception(al) Opinion: Supreme Court of Montana Opinion Might Mean Montana Has Broadest Abuse Exception to Court-Ordered Mediation
Mediation in child custody determinations is popular, partly due to the mediation principle of neutrality, which theoretically gives both parents an equal chance at a fair allocation of parenting time. However, not all divorce cases are appropriate for mediation. In severe cases of intimate partner violence there are … Continue reading
Posted in Acts of Violence, Courts and the Judiciary
1 Comment
Article of Interest: Kerri L. Stone’s Clarifying Stereotype
Federal Rule of Evidence 801(d)(2)(E) provides that “[a] statement is not hearsay if…[t]he statement is offered against a party and is…a statement by a coconspirator of a party during the course and in furtherance of the conspiracy. Rule 801(d)(2)(E) is based … Continue reading
Posted in Academia, Courts and the Judiciary, Employment Discrimination, Feminist Legal Scholarship
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Film About Loving v. Virginia at Tribeca Film Festival
The Tribeca Film festival begins next week. Included in the film line-up is Loving Story, a documentary about Mildred and Richard Loving. Here is the film description: Loving v. Virginia was a watershed civil rights case in which the United … Continue reading
Posted in Courts and the Judiciary, Feminism and the Arts, Feminist Legal History, Race and Racism
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(Non)Consenting Adults: Illinois Opinion Finds Adultery Is Serious Provocation, Sexual Assault Is Not
I’m currently teaching 2nd degree murder in my Criminal Law class and was looking for a good Illinois case on the subject. In Illinois, a defendant who could otherwise be convicted of 1st degree murder can be convicted of 2nd … Continue reading
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary
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NY Appellate Court Upholds Distribution of Decedent’s Estate to Same-Sex Spouse
An appellate court in New York has upheld the decision of New York County Surrogate Kristen Booth Glen (formerly of CUNY Law) to recognize a decedent’s same-sex marriage for estate administration purposes. Specifically, Surrogate Glen had permitted probate of the … Continue reading
Posted in Courts and the Judiciary, Feminism and Families, LGBT Rights
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Full Text Opinion in H. Kenneth Ranftle v. Craig Leiby
The full text of the decision of the Supreme Court of the State of New York, Appellate Division, First Department appears after the fold.
Posted in Courts and the Judiciary
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Should Courts Award Child-Rearing Damages for “Wrongful Birth” in Cases of the Rape of a Minor?
The issue of whether there should be a right to abortion in cases of rape has arisen again in response to comments by teen sensation Justin Bieber. The 16 year-old pop star was asked about abortion in rape cases, and … Continue reading
There’s No Sex in Your Violence: Opinion Reveals Minnesota Only Allows Hostile Work Environment Claims Based On Sexual Harassment, Not Gender Discrimination
A female employee brings an action against a school district under the Minnesota Human Rights Act (MHRA), alleging hostile work environment based upon gender discrimination. The gravaman of her complaint is that her male supervisor made sexist statements about the … Continue reading
Posted in Acts of Violence, Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace, Sexual Harassment
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(A few reasons) why Angela Onwuachi-Willig should be appointed to the Iowa Supreme Court
Various law blogs (including this one) have mentioned the news that University of Iowa law professor Angela Onwuachi-Willig is on the short list for the Iowa Supreme Court. Angela is a leading scholar on topics of racial justice and critical … Continue reading
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
Posted in Academia, Courts and the Judiciary
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The “Inevitable Firing” Approach: How The Inevitable Discovery Doctrine Should Inform Subordinate Discrimination Cases
A company fires an employee. The employee files an action against the company, alleging that the firing was discriminatory. The company moves for summary judgement dismissing the complaint. The fired employee has no direct evidence that the supervisor who fired … Continue reading
Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace
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Beiner on “White Male Heterosexist Norms in the Confirmation Process”
Theresa Beiner (University of Arkansas) has posted to SSRN her article, White Male Heterosexist Norms in the Confirmation Process (forthcoming 2011). Here is the abstract: Justice Sonia Sotomayor’s confirmation hearing took a controversial turn when commentators picked up on a … Continue reading
What Kind Of Right?: Court of Appeals of Michigan Finds Rape Shield Rule Vests Rights In Victims
MCL 750.520j, Michigan’s rape shield statute, provides that: (1) Evidence of specific instances of the victim’s sexual conduct, opinion evidence of the victim’s sexual conduct, and reputation evidence of the victim’s sexual conduct shall not be admitted … unless and only … Continue reading
Posted in Coerced Sex, Courts and the Judiciary
1 Comment
On the Issues Magazine Article “Judging Our Future” on Female Judges
In this month’s On the Issues magazine there is a quick article (here) about the presence/absence of women judges in the United States. “Judging our Future: Supreme Women Move Up” gives some of the stats: Since Elena Kagan took her … Continue reading
7th Circuit Answers Lawyer Who Told Panel of Judges to “Ask Your Wives” About Washing Machines
The United States Court of Appeals for the Seventh Circuit has issued an order in the case Thorogood v. Sears, Robebuck & Co. The 3-judge panel — Judges Posner, Kanne and Evans — writes: [I]n view of the accusations leveled … Continue reading
Posted in Courts and the Judiciary
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Jessie Hill on Dangerous Terrain: Mapping the Female Body in Gonzales v. Carhart
Jessie Hill has posted on SSRN a short and fascinating analysis of the graphic language used in Gonzales v. Carhart (2007), the “partial-birth abortion” case. Here is part of the abstract: This brief Article focuses on the rhetoric of the … Continue reading
Posted in Academia, Courts and the Judiciary, Feminism and Law, Reproductive Rights, Women's Health
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Judicial Notice of Girl’s Birth (aka Judge Kimba Wood Rocks!)
From the WSJ Law Blog: [Bennett Epstein, a] Manhattan lawyer recently asked New York federal judge Kimba Wood to grant him a day’s reprieve in a criminal trial to attend the bris of his grandson. Epstein’s daughter has not yet … Continue reading
Posted in Courts and the Judiciary
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“What separates a stereotype from reality?”
Yesterday I blogged about Flores-Villar v. United States, the pending Supreme Court case about whether the laws of citizenship can treat the foreign-born children of American men less favorably than it treats the foreign-born children of American women. Ruthann Robson … Continue reading
Posted in Courts and the Judiciary, Feminism and Law
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In the Supreme Court Today: Sex Discrimination in Passing Your Citizenship On to Your Children
In the Supreme Court this morning, the Obama administration is defending discrimination in the law of U.S. citizenship on the grounds that other countries do it too. When a non-marital child is born outside the United States and has one … Continue reading
Guest Blogger Seth Stern: Justice Brennan’s Woman Problem
In the month since the publication of the biography of Justice William J. Brennan Jr. I co-authored, no passage has attracted more attention than our account of his refusal to hire female clerks. It probably shouldn’t have come as a surprise … Continue reading
Judge Chatter about Amniote Intromittent Organ Might Lead to Removal from Bench
The State of New York Commission on Judicial Conduct has determined (here) that Saratoga County Family Court Judge Gilbert Abramson should be removed from the bench for failure (on several occasions and despite warnings) to notify defendants of their right … Continue reading
Posted in Courts and the Judiciary
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Racialized Blame: What Virginia Thomas and Anita Hill Have to Do With It
Writing in the November 15, 2010 edition of The Nation, Professor Melissa Harris-Perry (Princeton) reacts to the news that Virginia Thomas, wife of United States Supreme Court Justice Clarence Thomas, called Professor Anita Hill and asked Professor Hill to apologize: … Continue reading
Posted in Courts and the Judiciary, Feminist Legal History, Race and Racism
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Who’s Sorry Now is Like the Corners of My Mind (or, Connie Francis Meets Gladys Knight and Mashes-up Public Memory)
A New York Times headline recently trumpeted that Virginia Thomas, wife of U.S. Supreme Court Justice Clarence Thomas, had telephoned law professor Anita Hill at her faculty office and left a message. You can read about it here. Odd behavior, to … Continue reading
Justice Kagan’s First Week at Work
Image source: here. H/T Joan Shaungnessy -Bridget Crawford
Posted in Courts and the Judiciary
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As Seen on TV?: SDNY Finds Social Framework Testimony Wouldn’t Help Jurors Because Gender Stereotypes are Exposed on Sitcoms & News Reports
Moreover, the Court agrees with the Minnesota Court of Appeals’ reasoning in Ray v. Miller Meester Advertising, Inc., 664 N.W.2d 355 (Minn.Ct.App.2003) wherein the court found that the trial court abused its discretion by admitting Dr. Borgida’s testimony because the … Continue reading