Category Archives: Criminal Law

Australia Capital Territory Criminalizes Stealthing

Stealthing, the non-consensual removal of a condom, is a crime in several jurisdictions, including California. See here. Last week, the Australia Capital Territory became the first jurisdiction in Australia to criminalize stealthing. Here is an excerpt of relevant press coverage: … Continue reading

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Protestors Are Getting Period-Shamed and Mistreated

In an opinion piece for Newsweek, Jennifer Weiss-Wolf (NYU Brennan Center) highlights here the ways that jail officials are withholding menstrual products from detainees, including those arrested in recent protests. Here is an except: Just last week, a New York … Continue reading

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Call for Authors: Feminist Judgments – Rewritten Criminal Law Opinions

Call for Authors Feminist Judgments: Rewritten Criminal Law Opinions The U.S. Feminist Judgments Project seeks contributors of rewritten judicial opinions and commentary on those opinions for an edited collection entitled Feminist Judgments: Rewritten Criminal Law Opinions. This edited volume is … Continue reading

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@PaceLawReview CFP: Reforms in the NY State Criminal Justice System

The Pace Law Review at the Elisabeth Haub School of Law at Pace University invites submissions for an interdisciplinary conference on the theme of “Game-changing Reforms in the NYS Criminal Justice System and How to Implement Them” to be held on … Continue reading

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Supreme Court of Canada Cites a Feminist Judgment in Opinion on Exclusion of Evidence of Victim’s Prior Sexual Conduct

The Supreme Court of Canada issued a decision on June 28, 2019 in the case of R. v. Goldfinch, 2019 SCC 38 (CanLII). The case involved an appeal of an evidential ruling in a criminal sexual assault trial. Canada Criminal … Continue reading

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Cook on Expert Witnesses in Sex Trafficking Prosecutions

Blanche Cook (Kentucky) has posted to SSRN her article Stop Traffic: Using Expert Witnesses to Disrupt Intersectional Vulnerability in Sex Trafficking Prosecutions, 24 Berkeley J. Crim. L. 147 (2019). Here is the abstract: Sex trafficking thrives on intersectional inequality and … Continue reading

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Bra-Gate: A 2019 Tale of Institutional Misogyny (@JCSherriffOffice)

by JoAnne Sweeny Back in May 2019, the Jackson County Detention Center, without any warning to local attorneys, instituted a new security policy that requires all visitors, including inmates’ attorneys, to pass through a metal detector.  Seems reasonable in theory … Continue reading

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Posted in Criminal Law, Employment Discrimination, Feminism and Culture, Feminism and Law, Feminism and the Workplace, If you're a woman, Legal Profession, Prisons and Prisoners | Comments Off on Bra-Gate: A 2019 Tale of Institutional Misogyny (@JCSherriffOffice)

Tax Law: Where the Right to Bodily Privacy Means Something?

The Ninth Circuit ruled today that the IRS may not invoke qualified immunity for allegedly breaching the taxpayer’s Fourth Amendment right to privacy, when a (female) agent required the (female) taxpayer to use the bathroom in the taxpayer’s own home … Continue reading

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Shaming and Blaming Mothers Under the Law: It’s Time We Stop Expecting Mothers to Be Perfect

The perfect mother is a ubiquitous, if impossible, part of American life. We see her in spandex at the gym, working out—self-care!—a week after delivering twins. She’s at center-stage when internet experts opine about how mothers can prevent teenagers’ opioid … Continue reading

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Gilman and Green on “The Surveillance Gap”

Michele E. Gilman (Baltimore) & Rebecca Green (William & Mary) have posted to SSRN their article The Surveillance Gap: The Harms of Extreme Privacy and Data Marginalization, 42 NYU Rev. L. & Soc. Change 253 (2018). Here is the abstract: … Continue reading

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Canadian Journal of Women and the Law/ Revue Femmes et Droit: Issue on Missing and Murdered Women Indigenous Women Conference/Symposium sur Meurtres et disparitions de femmes et de filles autochotones

Canadian Journal of Women and the Law/Revue Femmes et Droit Volume 28, Issue 2, August 2016 Missing and Murdered Indigenous Women Conference / Symposium sur Meurtres et disparitions de femmes et de filles autochotones   CJWL online – http://bit.ly/cjwl282 Project … Continue reading

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Strategic Deployment of a Black Female Attorney in the Bill Cosby Case

In this piece on NPR, Feminist Law Prof Lolita Buckner Inniss (Cleveland-Marshall) comments on Bill Cosby’s decision to hire Monique Pressley as his attorney: The decision to hire her is also strategic, says Buckner Inniss. “Her gender and her race … Continue reading

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The Gendered Nature of Canada’s Witchcraft Law

Here’s an interesting piece on Canadian witchcraft law. Natasha Bakht, University of Ottawa, Common Law Section, and Jordan Palmer, University of Ottawa, Faculty of Law, have published Modern Law, Modern Hammers: Canada’s Witchcraft Provision as an Image of Persecution at … Continue reading

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The Battered Woman Syndrome In Canadian Criminal Law

Elizabeth A. Sheehy, University of Ottawa, Common Law Section, has published Defending Battered Women on Trial, at Defending Battered Women on Trial: Lessons From the Transcripts 1 (Vancouver: UBC Press, 2014). Here is the abstract. In the landmark Lavallee decision … Continue reading

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Drummond and Cohen: Enforcement and Prosecutorial Restraint in the Transnational Trade in Human Eggs

Susan G. Drummond (Osgoode Yall) and Sara R. Cohen (D2 Law LLP) have published Eloquent (In)action: Enforcement and Prosecutorial Restraint in the Transnational Trade in Human Eggs As Deep Ambivalence about the Law, 26 Can. J. of Women & the … Continue reading

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