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Category Archives: Courts and the Judiciary
Gender Equality?
The gender of judging implicates constitutional as well as “rule of law” concerns. A new article, Judging Women,posted on ssrn has been garnering attention. The study comparing male and female judges provides an empirical perspective: “Primarily using a dataset … Continue reading
The Devil is in the Dictum: Second Circuit Makes Troubling Statements in Dictum in Rape Shield Ruling
A female employee allegedly flashes her breasts to co-workers at the workplace. That female employee later brings a sexual harassment action against her superior, claiming that he touched her thighs and breasts, offered her job security in return for sex, … Continue reading
Rape Shield Redux: Supreme Court of Nevada Finds Rule 26 Applies Where Rape Shield Law Doesn’t
Back in July, I posted an entry about an opinion by the Supreme Court of Alabama permitting discovery regarding a civil plaintiff’s sexual history because Alabama’s rape shield rule only applies to criminal cases. In that post, I argued that, … Continue reading
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary
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No “Sex Plus” in the Seventh Circuit: Court Fails to Recognize “Sex Plus” Theory of Discrimination in Title VII Action Against Fire Department
A female firefighter has direct or circumstantial evidence that she was intentionally discriminated against based upon he gender. Undoubtedly, if she brings a Title VII action against the fire department, her action will survive a motion for summary judgment. But … Continue reading
Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace
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First names and judicial destiny for women, at least in South Carolina…
From the ABA Journal: Women lawyers with masculine-sounding first names have better odds of becoming a judge than their counterparts with feminine names, at least in South Carolina, according to a study by two economics researchers. The study finds that … Continue reading
Posted in Courts and the Judiciary, Feminism and Law, Feminists in Academia, South Carolina
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Why Gender Still Matters
Gender still matters, judging by events of recent months, such as President Obama establishing a White House Council on Women and Girls, to make sure that all federal agencies”take into account the particular needs and concerns of women and girls”and … Continue reading
Posted in Courts and the Judiciary, Feminism and Law, Feminist Legal Scholarship, Sisters In Other Nations
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What Not to Wear, Religious Edition, Take 2: Supreme Court of Michigan Finalizes Attire Rule of Evidence, With Lawsuit to Follow
Back in June, I posted an entry about the Supreme Court of Michigan’s adoption of an amendment to Michigan Rule of Evidence 611 which provides as follows: (b) Appearance of Parties and Witnesses. The court shall exercise reasonable control over … Continue reading
Posted in Courts and the Judiciary, Feminism and Religion
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There’s Something About Marriage: New York Trial Court Uses Differences Between a Marriage and a Civil Union to Refuse to Dissolve the Latter
“Civil union” means that two eligible persons have established a relationship pursuant to this chapter, and may receive the benefits and protections and be subject to the responsibilities of spouses. -Vermont Stat. Ann., Title 15, Section 1201(2) (a) Parties to … Continue reading
The Portia Hypothesis for South Carolina Judges
Two Clemson economists have a new paper in the American Law and Economics Review (available here on Westlaw – sorry, I can’t find a free link to it) titled: Do Masculine Names Help Female Lawyers Become Judges? Evidence … Continue reading
Posted in Courts and the Judiciary, Feminism and Law
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Two Wrongs Don’t Make it Right: Court of Appeals of Mississippi Drags Feet on Recognizing Combined Race-Gender Groups as Groups Deserving Discrete Protection Under Batson
In Batson v. Kentucky, 476 U.S.79 (1986), the Supreme Court declared that racial discrimination through the use of peremptory challenges is prohibited. In J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127 (1994), the Court found that gender discrimination through … Continue reading
Posted in Acts of Violence, Courts and the Judiciary, Justice?, Race and Racism
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Judge Reportedly Questioned Whether Woman Was Raped Because She Was “On Top”
That’s the headline from this blog post, which reports that Texas State District Judge Kevin Fine, elected as a Democrat, is alleged to have told a rape victim in his court that he didn’t believe she was raped because she … Continue reading
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary
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The Road to Hell is Paved With (Allegedly) Good Intentions: Supreme Court of Alabama Opinion Raises Important Rape Shield Questions
We are not unmindful of the very personal nature of the information sought from Carlisle regarding her past conduct. Nor do we intend to suggest that a plaintiff with a promiscuous past could not feel the same shame and humiliation … Continue reading
California’s Rejection of the Reasonable Battered Woman Standard: Is it Based Upon an Objectionable and Offensive Straw Man?
In its recent opinion in Jefferson v. Kernan, the United States District Court for the Eastern District of California referenced the opinion of the California Supreme Court in People v. Humphrey, 921 P.2d 1 (Cal. 1996). In Humphrey, a wife … Continue reading
Posted in Acts of Violence, Courts and the Judiciary
1 Comment
Judge Kozinski Will Not Be Sanctioned For Hosting Web Site Featuring Racist, Degrading Porn
The SF Chron reported (in part): … In a decision that it labeled an admonishment, the panel told Kozinski that his conduct “created a public controversy that can reasonably be seen as having resulted in embarrassment to the institution of … Continue reading
Posted in Coerced Sex, Courts and the Judiciary, Justice?
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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
Posted in Academia, Courts and the Judiciary, Feminism and Politics, South Carolina
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Rihanna and the (Un?)Constitutionality of the Mutual Stay Away Order
Can anyone out there explain the constitutionality of the Chris Brown plea deal? Brown pleaded guilty to one count of felony assault based upon his attack of Rihanna, and he got five years of probation and community labor. The judge … Continue reading
Posted in Acts of Violence, Courts and the Judiciary
11 Comments
Landmark Domestic Violence Judgment by European Court of Human Rights
In a landmark decision, the European Court of Human Rights has unanimously found that a state violated the human rights of the applicant and her mother in failing to protect them against domestic violence. In Opuz v Turkey, the applicant … Continue reading
Posted in Academia, Courts and the Judiciary, Feminism and Law, Sisters In Other Nations
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What Not To Wear, Religious Edition: Supreme Court of Michigan Adopts Rule Allowing Judges to Exercise “Reasonable Control Over the Appearance of Parties and Witnesses” Based Upon Niqab Case
Yesterday, by a 5-2 vote, the Supreme Court of Michigan adopted an amendment to Michigan Rule of Evidence 611. This amendment created Michigan Rule of Evidence 611(b), which provides as follows: (b) Appearance of Parties and Witnesses. The court shall … Continue reading
Who”Owns”the Marriage Equality Issue?
The last several weeks have been busy ones in the battle for marriage equality. The governors of Maine and New Hampshire signed laws that allowed same sex couples to marry. California’s Supreme Court upheld the constitutionality of Proposition 8, and … Continue reading
Posted in Courts and the Judiciary, Feminism and Families, Feminism and Politics
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Web Resource for Information on Judge Sotomayor
The Library of Congress has created a web page (here) that contains links to Judge Sotomayor’s published law review articles, transcripts from her two prior confirmation hearings and a searchable database of Second Circuit opinions. -Bridget Crawford
Posted in Courts and the Judiciary
1 Comment
Beyond The Scope (But Not): Court Finds That Supervisor’s Sexist Statements Qualify As Employee Admissions
Federal Rule of Evidence 801(d)(2)(D) states Admission by party-opponent. [A] statement is not hearsay if…[t]he statement is offered against a party and is…a statement by the party’s agent or servant concerning a matter within the scope of the agency or … Continue reading
Posted in Courts and the Judiciary, Feminism and the Workplace
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Sonia Sotomayor’s Personal History: Why It Matters
There has been much made of Sonia Sotomayor’s life, her Puerto Rican background, her modest, if not poor, childhood, her mother, what her Latina-ness means to her, her involvement in civil rights organizations, etc. It’s both a big part … Continue reading
Posted in Academia, Courts and the Judiciary, Feminism and Law, Firsts, Law Schools, Legal Profession, Race and Racism
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You can’t make this stuff up–G. Gordon Liddy on Sotomayor
G. Gordon Liddy’s take on Judge Sotomayor–including his fear for the country should she deliberate while menstruating– here. –Leigh Goodmark
Posted in Courts and the Judiciary
3 Comments
Just When You Thought They Couldn’t Be Stupider–Tancredo on Sotomayor and La Raza
Apparently, Tom Tancredo was disappointed that he hadn’t thought up the criticism about Judge Sotomayor’s love for Puerto Rican food, and went one better, referring to the National Council of La Raza as the KKK without nooses or hoods. See … Continue reading
Posted in Courts and the Judiciary
1 Comment
Of Pigs’ Feet and Precedent…
Will Judge Sotomayor’s love of Puerto Rican food cause her to rule against white, male firefighters (for instance)? Thoughts from the increasingly desperate Republican party here. –Leigh Goodmark
Posted in Courts and the Judiciary
3 Comments
More About Barnes v. Yahoo
I blogged about the case previously here. Below is an excerpt from the Ninth Circuit’s holding in Barnes v. Yahoo at page 5316 that gives a quick overview of the facts: In accordance with Yahoo policy, Barnes mailed Yahoo a … Continue reading
That Sotomayor Quote
Taken from Sotomayor’s Judge Mario G. Olmos Memorial Lecture in 2001, which she delivered at the University of California, Berkeley, School of Law, here is the context: … Whether born from experience or inherent physiological or cultural differences, a possibility … Continue reading
Would Obama Have Hugged A Male SCOTUS Nominee Like This?
Photo and question (somewhat differently stated) via IBTP. I’d have to go with “no.” –Ann Bartow
Posted in Courts and the Judiciary, Feminism and Politics
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Strauss v. Horton
Read the opinion here. Feminist efforts to sort out what it all means can be found: Here at Tennessee Guerilla Women; Here at the Gender and Sexuality Law Blog; (additional links to come). See also the Linkfarm at … Continue reading
Posted in Courts and the Judiciary, Feminism and Law, LGBT Rights
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Comic Relief
Judge Judy learns about feminism here. –Leigh Goodmark
Posted in Courts and the Judiciary, Feminism and Culture
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Ladies and Gentlemen of the Jury: The Role of the “Child Care Exception” in the Development of the Right of Women to Serve as Jurors
In its recent opinion in State v. Schmeiderer, 2009 WL 961787 (Tenn.Crim.App. 2009), the Court of Criminal Appeals of Tennessee rejected a convicted murder’s appeal, in which he had claimed, inter alia, that “the trial court systematically excluded women from … Continue reading
Darren Hutchinson Takes Down Jeffrey Rosen’s Article About Judge Sonia Sotomayor
Here. Bravo Darren! See also Historiann’s take on the article.
Posted in Courts and the Judiciary, Feminism and Law, Feminism and Politics, Race and Racism, The Underrepresentation of Women
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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
Posted in Academia, Courts and the Judiciary, Justice?, Legal Profession
1 Comment
Differently Abled?: Court Identifies Circuit Split Over Who is Similarly Situated to a Pregnancy Discrimination Act Plaintiff
The recent opinion of the United States District Court for the Northern District of Illinois in Woodard v. Rest Haven Christian Services, 2009 703270 (N.D. Ill. 2009), acknowledged but did not resolve an interesting circuit split on the following issue: … Continue reading
Posted in Courts and the Judiciary, Feminism and the Workplace
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“This job is easy for people who’ve never done it,”Justice Thomas said later.”What I have found in this job is they know more about it than I do, especially if they have the title, law professor.”
Ouch. Those are the concluding words of this article.
Posted in Academia, Courts and the Judiciary, Law Teaching
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Judicial Flubber?: First Circuit Seemingly Repudiates Supreme Court Sex-Stereotyping Precedent In Sex Discrimination Appeal
When the Supreme Court replaced the relatively simple Frye test with the relatively complicated Daubert test for determining the admissibility of expert opinion testimony, many critics (correctly) groused that science-starved judges would not be able to rise to the task … Continue reading
Not Very Discriminating?: Court of Appeals Of Michigan Erroneously Affirms Summary Judgment Order In Employment Discrimination/Retaliation Appeal
The recent opinion of the Court of Appeals of Michigan in Syrowatka v. County of Washtenaw, 2009 WL 529213 (Mich.App. 2009), affirmed a trial court order granting the defendant’s motion for summary judgment dismissing the plaintiff’s claims for employment discrimination … Continue reading
We, The Jury: Why Aren’t There Jury Impeachment Appeals Alleging Juror Sexism?
Federal Rule of Evidence 606(b) precludes jurors from impeaching their verdicts after trial through testimony concerning anything internal to the jury deliberation process. Accordingly, jurors can’t invalidate their verdicts by testifying after trial that jurors (a) misunderstood jury instructions (even … Continue reading
National Network to End Domestic Violence Praises Landmark Supreme Court Decision
From the FLP mailbox, a press release from the National Network to End Domestic Violence, exerpted here: Advocates against domestic violence today applauded the U.S. Supreme Court’s 7-2 decision to uphold the federal Lautenberg Amendment that bans convicted domestic violence … Continue reading
Posted in Acts of Violence, Courts and the Judiciary, Feminism and Families, Feminism and Law
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Justice Ruth Bader Ginsburg: Saturday Evening Review
This week’s Saturday Evening Review centers on Justice Ruth Bader Ginsburg, returning to the Court this week after surgery. As Robert Barnes reported for the Washington Post on Tuesday, Justice Ruth Bader Ginsburg returned to the Supreme Court bench … Continue reading
Posted in Courts and the Judiciary, Firsts
1 Comment
